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EAC Agenda 08/04/2010ENVIRONMENTAL ADVISORY COUNCIL AGENDA AUGUST 4, 2010 COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL AGENDA August 4th, 2010 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F ") — Third Floor I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of June 2, 2010 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. East Naples Mine — Phase 2 - Excavation permit EXP- PL2009 -616 Located in Sections 21 and 22 of Township 49 South, Range 27 VII. New Business A. Watershed Management Plan Update and Summary of Existing Conditions VIII. Old Business A. Update members on projects IX. Council Member Comments X. Staff Comments A. Evaluation and Appraisal Report (EAR) Workshop August 11, 2010 XI. Public Comments XII. Adjournment Council Members: Please notify Summer Araque, Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on Thursday. July 29 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (252- 6290). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. I. II. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF 4 AUGUST, 2010 NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: LOCATION: PL 20090000616 Ex 59.814 -1 East Naples Mine James A. Brown, Trustee Hole, Montes; Inc Southern Biomes An excavation is proposed on property located within the North Belle Meade Overlay, sitting in Sections 21 and 22 of Township 49, South, Range 27 East, Collier County, Florida, more particularly south of Golden Gate Estates and the existing Warren Brothers PUD (the APAC Pit), in the North Belle Meade Rural Fringe Receiving Lands north of I -75. III. DESCRIPTION OF SURROUNDING PROPERTIES: This project is located in the North Belle Meade Area south of the existing excavation called the Warren Bros. PUD and the subdivision called North Golden Gate Estates; 2.5 miles north of I -75; 2 miles east of the County's landfill; and 4 miles west of Everglades Boulevard. The petitioner owns a total of 1416 acres of which 417 ( + / -) acres are sending lands, ZONING DESCRIPTION N - Agricultural Existing mine, Vacant land S- Agricultural Vacant land E - Agricultural W - Agricultural Existing Mine, Vacant land Vacant land Mise, small parcels Item V1. A. EAC Meeting Page 2 of 6 IV. PROJECT DESCRIPTION: This project consists of 259.00 acres, more or less on which an excavation with a surface area of 208.17 acres will be done to a depth of 70 ft (or the confining layer, whichever is less) for a total excavation of approximately 20 million cubic yards if the maximum allowable depth is reached. The Rural Fringe GMP amendments went into effect July 22, 2003. In those amendments, the subject site is designated Agricultural/Rural, Rural Fringe Mixed -Use District Receiving Lands, and is within the North Belle Mead Overlay (NMBO), as identified on the Future Land Use Map. The NBMO states, in part: "Because an earth mining operation and asphalt plant uses have existed for many years in the area, and the surrounding lands in Sections 21, 28 and the western halves of Sections 22 and 27 are reported to contain Florida Department of Transportation grade rock for road construction, these uses are encouraged to remain and expand. However, until June 19, 2004, mining operations and an asphalt plant may be expanded only to the western half of Section 21 and shall not generate truck traffic beyond average historic levels. If by June 19, 2004, an alignment has been selected, funding has been determined, and an accelerated construction schedule established by the Board and the mining operator for an east - west connection roadway from County Road 951 to the extension of Wilson Boulevard, mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use. If no such designation has been made by June 19, 2004, any mining operations or asphalt plant in these areas, other than continued operations on the western half of Section 21 at historic levels, shall be permitted only as a conditional use, unless the mine operator upon failure to attain Board selection of an alignment commits by June 19, 2004 to construct a private haul road by June 19, 2006 without the allocation of any public funds. The County's existing excavation and explosive regulations shall apply to all mining operations in these areas." In June 2007, the County and Florida Rock Industries entered into a Developer Contribution Agreement (DCA) for construction of a haul road open to the public whereby Florida Rock purchases the necessary right -of -way for and constructs a haul road which will become the eventual extension of Wilson Boulevard. As a result of that agreement, no conditional use approval is required for the subject application The NBMO of the GMP has a separate specific set of environmental regulations which apply to its rural fringe sending and neutral lands., and it exempts Receiving Lands within the overlay from the Conservation and Coastal Management elements of the GMP and its implementing land EAC Meeting Page 3 of 6 development regulations including, specifically, wetlands and wildlife. State and Federal agencies' regulations continue to apply. Like the prior Florida Rock application, this application is being presented to the EAC for information purposes pursuant to LDC Section8.06.03.J which provides for EAC participation in the review and recommendation process for excavations over 500,000 cubic yards. The EAC is not being asked to approve the use, just the site plan for the excavation. V. GROWTH MANAGEMENT PLAN CONSISTENCY: COMPREHENSIVE PLANNING COMMENTS: The subject property is located in a portion of the County designated as Agricultural "Rural Fringe Mixed Use District" (RFMUD), "Receiving Lands ". According to the Future Land Use Element (FLUE) of the County's Growth Management Plan (GMP) "[e]arthmining, oil extraction and related processing" are permissible activities. The property is also located within the North Belle Meade Overlay (NBMO) of the FLUE. NRPA Sending Lands lie adjacently east. The subject property is specifically referred to in the Overlays and Special Features section in the FLUE, authorizing earth mining as a use allowed to remain and expand, with particular requirements and provisions. V. OVERLAYS AND SPECIAL FEATURES B. North Belle Meade Overlay The North Belle Meade (NBM) Overlay is depicted on the FLUM. Uses shall be as provided for in Receiving, Neutral, NRPA and non -NRPA Sending Lands. Development and preservation standards within this Overlay shall be as provided herein. [FLUE p. 891 1. IN GENERAL b. Transportation Planning Considerations — An existing access road (presently providing access to County water wells) along the northern section lines of Sections 22, 23 and 24 of Range 27 East may be maintained and improved, and an extension of Wilson Boulevard should be provided through Section 33, Range 27 East comprising a collector or arterial road extending to the south to Interstate 75 via an interchange or service road for residential development should it commence in Sections 21, 28 and 27, or in the alternate a haul road along an extension of Wilson Boulevard to service earth mining activities with a connection through Sections 32 and 31 to Landfill Road. [FLUE p. 90] The western 1/4 of Sections 22 and 27 will be buffered from the NBM NRPA to the east by a buffer preservation that includes all of the eastern '/a of the western 1/4 of Sections 22 and 27, which would consist of lake excavation areas between the Wilson Boulevard extension road right -of -way and the NRPA. EAC Meeting Page 4 of 6 [FL UE p. 90] 3. RECEIVING AREAS Within the NBM Overlay, Receiving Areas are identified for clustering of residential dwelling units, central water and sewer service, and for the transfer of development rights and comprise t 3,368 acres in the northern and northwestern portions of the NBM Overlay. The Receiving Areas are generally located in the northern portion of NBM Overlay and are generally contiguous to Golden Gate Estates. Two sections are directly to the south of the APAC Earth Mining Operation, The Receiving Area exhibits areas of less environmental sensitivity than other portions of the NBM Overlay, because of their proximity to Golden Gate Estates and prior clearing and disturbance to the land. Within the Receiving Area of the NBM Overlay, are located Sections 21, 28 and the west' /, of Sections 22 and 27, which have been largely assembled under one property ownership. These lands are located south of the existing APAC earth mining operation and have been largely impacted by agricultural operations. The location of Sections 21 and 28 is just to the south and west of Wilson Boulevard located in the southern portion of north Golden Gate Estates. Because an earth mining operation and asphalt plant uses have existed for many years in the area, and the surrounding lands in Sections 21, 28 and the western quarters of Sections 22 and 27 are reported to contain Florida Department of Transportation grade rock for road construction, these uses are encouraged to remain and expand. However, until June 19, 2005, mining operations and an asphalt plant may be expanded only to the western half of Section 21 and shall not generate truck traffic beyond average historic levels. If by June 19, 2005, an alignment has been selected, funding has been determined, and an accelerated construction schedule established by the Board and the mining operator for an east -west connection roadway from County Road 951 to the extension of Wilson Boulevard, mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use. If no such designation has been made by June 19, 2005, any mining operations or asphalt plant in these areas, other than continued operations on the western half of Section 21 at historic levels, shall be permitted only as a conditional use, unless the mine operator upon failure to attain Board selection of an alignment commits by June 19, 2005 to construct a private haul road by June 19, 2010 without the allocation of any public funds. The County's existing excavation and explosive regulations shall apply to all mining operations in these areas. [FLUE pp. 91 -92] These FLUE provisions are satisfied in part through a Developer Agreement previously reviewed by the BCC, allowing earth mining to expand as a permitted use. REVIEW OF THE EXCAVATION PERMIT DOCUMENTS: Excavation Permit documents indicate the intensity of mining activities will be limited by linking new operations to historical truck traffic, as calculated from East Naples Mine — Phase 1 operations. The applicant's Traffic Impact Statement points out how, "maintaining volumes at or below historical levels would result in no net increase in the vehicles involved in the off -site removal of materials from the excavation ". EAC Meeting Page 5 of 6 The site is situated at the eastern portion of the larger mine property. The Phase 2 excavation area is depicted on the Excavation Plans illustrating a 208 acre excavation surface area surrounded generally by a 50 ft. excavation setback and a 50 ft. reclamation setback. The eastern most portions of Sections 22 and 27 are depicted as a mining excavation buffer area, and this acreage is included in the 208 overall acreage figure. FLUE provisions for the North Belle Meade Overlay provide for a "buffer preservation that includes all of the eastern '/z of the western '/4 of Sections 22 and 27" however, to buffer "lake excavation areas between the Wilson Boulevard extension road right -of -way and the NRPA ". This provision indicates that Wilson Boulevard is to be aligned along the west edge of the lake excavation area, with the buffer preservation adjacent North Belle Meade NRPA lands aligned along the east edge. Based upon the above analysis, Comprehensive Planning staff concludes that the Excavation Permit for earth mining may be deemed consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). VI. MAJOR ISSUES: Stormwater Management: Unless they dewater, excavations generally retain more water than they shed, and the amount of water retained increases as the excavation grows. As the excavation starts up, the excavated material causes an initial small drop in the groundwater surface profile that is eventually compensated for by the normal rainfall. The Big Cypress Basin of the South Florida Water Management District has put forth a proposal to utilize the excavations being done in and around the NBMO as part of an overall stormwater detention / retention plan to attenuate excess flow in the main Golden Gate Canal during periods of high rainfall runoff. The concept is to connect those excavations to the canal and to shunt water into and through the lakes left behind by the excavations and then possibly south. Collier County staff supports this concept. The petitioner has concerns about the potential for contamination of large freshwater lakes and the maintenance thereof. Implementation of this proposal is potentially decades away. Environmental: The receiving lands portion of the North Belle Meade Overlay (NBMO) is exempt from county environmental review per the Land Development Code section 2.03.08 C.3. a. which states as underlined below: EAC Meeting Page 6 of 6 NBMO receiving lands. Permitted, conditional, and accessory uses within NBMO Receiving Lands shall be as set forth in section 2.03.08 (A)(2), except as provided in section 2.03.08 (D)(5). All other provisions of this Code that implement the Future Land Use Element, Conservation and Coastal Management Element, or Public Facilities Element, including but not limited to Chapters 3, 4 and 10, shall only be applicable to development in NBMO Receiving Lands to the extent specifically stated in this section. However, all development within NBMO Receiving Lands shall complyy with all non - environmental review procedures for site development plans and platting as set forth in this Code VII. RECOMMENDATIONS: Staff recommends approval of Excavation permit application PL -2009 -0616 with the following stipulations: Stormwater Management: 1. The petitioner commits to cooperating with Collier County and the SFWMD in the studies for a regional stormwater retention/ detention master system in the Golden Gate Canal and North Belle Meade area. 2. The applicant must obtain all necessary State and Federal permits for the mining. Environmental: None PREPARED BY: ENGINEERING REVIEW SERVICES MANAGER COUNTY ENGINEER 21"cg2%�,!)1C� DATE 7VE Memorandum To: Environmental Advisory Council From: Mac Hatcher, Senior Environmental Specialist Date: July 20, 2010 Subject: August 4, 2010 Watershed Management Plan Update We have completed the Big Cypress Basin Model calibration and will be making a presentation at the August 4, 2010 EAC meeting. The presentation will be an update and summary of existing conditions. I am posting the technical reports to the Informational Links and Documents web page ( http: / /www.colliergov.net/index.aspx ?page= 2302). The reports that serve as background for the August 4 presentation include: • Historical fresh Water Discharge and 13udret • Review of Impaired Waters in Collier County • Review of Gordon River Extension Water Quality & TMDL • Review of I..ake "Trafford Water Qualit- & 1 MD1, • Instrcam Water Quality - Focus is on "Impaired" parameters • Discharge %N "atcr Qualitv - Focus is on nutrients and bacteria • ReceivindWatcr Quality - Estuarine water quality • Ftinctional Assessment - Habitat condition assessment There may be a few more reports available prior to the meeting, if so I will send a notice to your County email address. If you have any problems retrieving the documents please contact me. Mac Hatcher 239.252.2954 MacHatcher @colliergov.net Growth Management Division Office of Land Development - Stormwater and Environmental Planning Section