EAC Agenda 03/02/2011
EAC
MEETING
AGENDA
MARCH 2,2011
AGENDA
"REVISED"
COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL
WILL MEET AT 9:00 A.M., WEDNESDAY, MARCH 2, 2011, IN THE BOARD OF COUNTY
COMMISSIONERS MEETING ROOM, ADMINISTRA nON BUILDING, COUNTY
GOVERNMENT CENTER, 3299 T AMIAMI TRAIL EAST, NAPLES, FLORIDA
I. Call to Order
II. Roll Call
III. Approval of Agenda
IV. Approval of February 2,2011 meeting minutes
V. Upcoming Environmental Advisory Council Absences
VI. Land Use Petitions
This item is being continued indefinitely at the request of the applicant.
A. Lost Grove Mine Conditional Use
CU--PL2009-1412
Lost Grove Mine Excavation Permit
EXP- PL2010-1526
Sections 5,6,7,8 and 18, Township 46 South, Range 28 East
VII. New Business
VIII. Old Business
A. Watershed Management Plan Update - Mac Hatcher (Land Development Services)
B. Update members on projects - Board recaps
IX. Council Member Comments
X. Staff Comments
XI. Public Comments
XII. Adjournment
*******************************************************************
Council Members: Please notify Summer Araaue. Senior Environmental Specialist no later
than 5:00 p.m. on February 25. 2011 if yOU cannot attend this meetina or if yOU have a
conflict and will abstain from votina 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.
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISIONI
PLANNING AND REGULATION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252.2400 FAX (239) 252-6358
www.collieraoy.net
CHECK ONE:
~ CONTINUANCE
o WITHDRAWAL
If a continuance is requested, please indicate lenath of time: to: _ OR 181 Indefinite
Eoviromaental Advisory Comei.l
.fJ:2m: 181 "....."vC.....h....... 0 Board of County Commissioners
1. Date of Scheduled Hearing: March 2. 2011
2. Appllcant/Projed Name: Lost Grove Mine
3. Application/Case number: CU.PL-2009.1412: EXP.PL 2010-1526
4. Type of Application (examples: Rezoning, Conditional Use or Variance) Conditional Use and Excavation
amnII
5. Reason for Request: TO HOLD A SECOND NEIGHBORHOOD WF..QRMATION MEETING
ANY ADDITIONAL LEGAL ADVERTISING FEES AND PROPERTY OWNER NOTIFICATION FEES MUST BE
PAID PRIOR TO PUBLIC HEARING.
UNDER PENALTIES OF PERJURY, AND PURSUANT TO FLORIDA STATUTES SECTION 92.525, I DECLARE
THAT I HAVE READ THE FOREGOING REQUEST AND THAT THE FACTS STATED IN IT ARE TRUE.
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Signature Of Applicant Or Authorized Agent
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Date
Printed Name: Bruce anderson
E-mail address:banderson@.ralaw.com
Address: 850 Parle Shore Drive. NaDle. FL 34103
Phone number: 239 649.2708 Fax number: 239 261-3659
::ODMAIPCDOCS\NAPLES\646739\1
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF March 2nd, 2011
I. NAME OF PETITIONER/PROJECT:
Petition No: Conditional Use - CU-PL2009-1412
Excavation Permit-EXP-PL20 1 0-1526
Petition Name: Lost Grove Mine
Applicant/Developer: Alico Land Development,Inc.
Engineering Consultant: WilsonMiller,Inc.
Environmental Consultant: WilsonMiller Inc.
II. LOCATION:
The subject property is located south of SR 82 and west of Corkscrew Road on
1,382.71:l: acres in Sections 5, 6, 7, 8 and 18, Township 46 South, Range 28
East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
ZONING
DESCRIPTION
North - AMHO RLSAO
Agricultural operations
South - AMHO-RLSAO
single-family homes
and agricultural operations
East - AMHO-RLSAO
Agricultural Operations and Corkscrew
Regional Ecosystem Watershed
West - Agricultural zoning
operations within
Lee County
Single-family homes and agricultural
Agenda Item
VI. A
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IV. PROJECT DESCRIPTION
The petitioners are requesting conditional use for extraction or earth mining
and related processing and production in a Rural Agricultural (A) - Mobile
Home Overlay (A-MHO) and Rural Lands Stewardship Area Overlay
(RLSAO) Zoning District as specified pursuant to Sections LDC Section
2.03.01A.c.l and 10.08.00 of the Collier County Land Development Code
(LDq on approximately 1,382.71:1: acres for a project to be known as the Lost
Grove Mine.
The petitioner proposes an allowable excavation depth from approximately 45-
feet to 145-feet to the confining layer. The proposed earth mining operation
proposes the removal of approximately 5 million tons of earth materials per
year. Approximately 683 truckloads of material per day will be removed,
based on 24.5 tons per truckload for 299 days per year to remove
approximately 5 million tons of material per year. The mine is proposed to
have direct access to both Corkscrew Road and SR 82.
The applicant proposes the following hours of operation as follows:
Mining operation - Monday through Saturday, 6:00 a.m. to 6:00 p.m.
Rock crushing activities - Monday through Friday, 7:00 a.m. to 6:00 p.m.
Blasting activities - Monday through Friday, 9:00 a.m. to 5:00 p.m.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element (FLUE):
The subject property, as identified on the Future Land Use Map [FLUM], is
within the Agricultural/Rural Designation, AgriculturallRural Mixed Use
District land use designation, as well as the Rural Lands Stewardship Area
(RLSA) Overlay. On the RLSA Overlay Map, the subject property is mapped
Open and approximately 17% of the site is mapped Water Retention Area
(WRA).
The Agricultural/Rural Mixed Use District is for those
. . . areas that are remote from the existing development pattern. lack public facilities
and services, are environmentally sensitive, or are in agricultural production.
Urbanization is not promoted, therefore most allowable land uses are of low intensity
in an effort to maintain and promote the rural character afthese lands.
The goal of the Rural Lands Stewardship Area Overlay is to:
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protect agricultural activities, to prevent the premature conversion of agricultural
land to non-agricultural uses, to direct incompatible uses away from wetlands and
upland habitat, to enable the conversion of rural land to other uses in appropriate
locations, to discourage urban sprawl, and to encourage development that utilizes
creative land use planning techniques.
The property owner is currently not participating in the RLSA Overlay Stewardship
Cred it System for the subject property, therefore under RLSA Group I Policy lA, the
property is subject to the Baseline Standards ofRLSA Group I Policy 1.5, below.
RLSA Group 1 Policy 1.5:As referred to in these Overlay policies,
Baseline Standards are the permitted uses, density, intensity and other
land development regulations assigned to land in the RLSA by the GMP,
Collier County Land Development Regulations and Collier County Zoning
Regulations in effect prior to the adoption of Interim Amendments and
Interim Development Provisions referenced in Final Order AC-99-002.
The Baseline Standards will remain in effect for all land not subject to the
transfer or receipt of Stewardship Credits, except as provided for in
Group 5 Policies. No part of the Stewardship Credit System shall be
imposed upon a property owner without that owners consent.
Relevant to this petition, the designation generally permits earthmining and related
processing. The project is reviewed within the context of the Agricultural/Rural
Mixed Use District, the RLSA Overlay, and the Future Land Use Element (FLUE).
The site is zoned Rural Agricultural-Mobile Home Overlay (A-MHO), which allows
extraction or earthmining, and related processing and production not incidental to the
agricultural development of the property through a conditional use (CU) approval.
The present use of the site is agricultural/citrus.
The following standards contained within the "Agricultural/Rural Designation," the
RLSA Overlay, and provisions of the FLUE are relevant to this conditional use
application. Staff comments and analysis are shown in bold.
II. AGRICULTURAL/RURAL DESIGNATION--The following uses and
densities are generally permitted under this Designation:
1. Earthmining, oil extraction and related processing;
The applicant has requested a conditional use for extraction or
earthmining and related processing, including a processing facility and
scale house to be constructed on site. The proposed conditional uses will
be contained on the RLSA Overlay Open mapped area of the subject site.
In view of the above listed allowable conditional uses in the
Agricultural/Rural Designation, this proposed conditional use may be
found consistent with item i above.
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In general, to protect water quality and quantity and maintenance of the natural
water regime and to protect listed animal and plant species and their habitats
due to impacts of non-agricultural development, the applicant is responsible for
adhering to the requirements of RLSA Group 5 Policy 5.3, Policy 5.5, and Policy
5.6, for areas mapped WRA, for "listed species and their habitats" and for "high
functioning wetlands", respectively.
The following address other policies contained within the FLUE. Each policy below is
followed by staff analysis in bold print.
FLUE Policy 5.4: Nel-l' developments shall be compatible with, and complementary
to, rhe surrounding lands uses, as set forth in the Land Development Code.
It is the responsibility of the Zoning and Land Development Review staff
as part of their review of the petition in its entirety to perform the
compatibility analysis.
O~jective 7: In an effort to support the Dover, Kohl & Partners publication,
Toward Better Places: The Community Character Plan for Collier County,
Florida, promote smart growth policies, and adhere to the existing
development character of Collier County, the following policies shall be
implemented for new development and redevelopment projects, where
applicable.
Policy 7.1: The County shall encourage developers and property owners to
connect their properties to fronting collector and arterial roads, except where
no such connection can be made without violating intersection spacing
requirements of the Land Development Code.
As depicted on the Site Plan and provided in the application, this project
could have two ingress/egress points on Corkscrew Road, a collector, and
SR 82, an arterial. Direct access is provided to Corkscrew Road and
indirect access to SR 82 via a perpetual access easement through the
applicant's adjoining properties. Therefore, this proposed conditional use
may be found consistent with this policy.
Policy 7.2: The County shall encourage internal accesses or loop roads in an
effort to help reduce vehicle congestion on nearby collector and arterial roads
and minimize the need for traffic signals.
As provided in the application, internal site improvements will safely
accommodate the employees, vehicles, and any emergency vehicles. Due to
the nature of this project, this policy is not applicable.
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Policy 7.3: All new and existing developments shall be encouraged to connect
their local streets and their interconnection point with adjoining
neighborhoods or other developments regardless of land use type.
The proposed mining operation does not have local streets and does not
adjoin other developments. Due to the type and size of this project and the
absence of local streets, connection of local streets is not feasible.
Policy 7.4: The County shall encourage new developments to provide
walkable communities with a blend of densities, cornman open spaces, civic
facilities and a range of housing prices and types.
As this is a non-residential project and due to the specific type of use
proposed, this policy is not applicable.
FLUE EVALUATION CONCLUSION: Based upon the above analysis,
staff concludes that the proposed conditional use may be deemed
consistent with the FLUE.
Conservation & Coastal Manaeement Element:
The project site is an active citrus grove, in operation since the 1970's, located
within the Rural Lands Stewardship Area (RLSA) overlay. This project is
consistent with policy 1.3.2 since the majority of the proposed project is
designated as "open lands" in the RLSA and no Flowway Stewardship Areas
(FSA's) or Habitat Stewardship Areas (HSA's) exist on site. Also, there are
no impacts proposed to native vegetation within the existing Water Retention
Areas (WRA's).
This project is consistent with policy 2.2, 2,2.2 and 2.2.3. The proposed mine
will not adversely impact the County's water resources and is not located in
close proximity to any estuaries. The 1989 South Florida Water Management
District (SFWMD) surface water management permit (Permit No.II-00 128-S)
currently demonstrates that the on site detention areas provide the required
flood attenuation and water quality treatment for the existing citrus groves. A
new Environmental Resource Permit (ERP) permit will be obtained through
the Florida Department of Environmental Protection (FDEP) to address the
land use changes, and will adhere to Federal, State, and local requirements. No
modifications to existing WRA's are proposed and no untreated water will be
discharged offsite as part of the excavation activities. The reclamation plan
required by FDEP will be submitted for their review and approval prior to the
initiation of mining activities. FDEP will review the proposed reclamation
plan concurrently with their review of the project's ERP application. Mine
reclamation will be done in accordance with specific requirements FDEP
places on the reclamation plan. The excavation permit will not be issued by
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the County until all required agency permits are obtained and provided for staff
review.
This project is consistent with objective 3.1 regarding the protection of the
County's groundwater resources to ensure the highest water quality
practicable. The confining layer has been identified and is located
approximately 45 feet below ground surface in the northern portion and 145
feet in the southern portion. There will be no excavation occurring below the
confining layer. Monitoring wells have been installed and monitored and no
alterations to existing groundwater characteristics are proposed.
This project is consistent with policy 6.1.1 regarding the selection of preserves.
Consistent with LDC section 4.08.05 Baseline Standards, a minimum of 40%
of the existing native vegetation shall be preserved (EIS exhibit I).
As required by Policy 6.1.1, the preserve area will be placed under a
permanent conservation easement dedicated to Collier County, prior to the
approval of the site development plan for the mine processing area.
As required by Policy 6.1.4, prohibited exotic vegetation will be removed from
the site and maintained in perpetuity.
The Environmental Impact Statement (EIS) required by Policy 6.1.8 has been
prepared and is supplied as part of the review packet for this submittal.
As required by Policy 6.2.1 and 6.2.2, wetlands have been verified by the
SFWMD.
As required by Policy 6.2.8, remnant wetlands remaining have been previously
permitted and mitigated for under SFWMD Permit No: 11-00128-S and are no
longer jurisdictional. No additional wetland impacts within the project site are
proposed.
As required by Policy 7.1.3 and 7.1.4, a listed species survey was conducted in
accordance with Florida Fish and Wildlife Conservation Commission
(FFWCC) and the U.S. Fish and Wildlife Service (USFWS) guidelines on the
property and is contained in the EIS (Section F). Development of the proposed
project will require an ERP from FDEP and a Section 404 permit from the U.S.
Army Corps of Engineers (USACE). Coordination with FFWCC concerning
state listed species will occur during the ERP process while coordination with
the USFWS concerning federal listed species will occur during the USACE
permitting process.
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VI. MAJOR ISSUES:
Stormwater
Lost Grove Mine is towards the Northern Boundary of the Cocohatchee River
Canal Basin. The project is on the Northeast side of Corkscrew Road. The
existing land elevations drop from a high at the Northeast of about 29 NGVD
to a low of 25 NGVD at Corkscrew Road. The pits are segmented and staged
to approximate existing ground elevations in order to mimic existing
groundwater profiles. The discharge for the mining pits is directed through
water retention areas to allow for recharge and water quality treatment prior to
discharge at two locations under Corkscrew Road. Discharge will be limited to
0.04 CFSI Acre in this area during the reclamation period; but will be designed
for zero discharge during the life cycle of the excavation phase. The discharge
under Corkscrew Road finds its way to the Corkscrew Regional Ecosystem
Watershed (C.R.E.W.) where it continues its route to the Southwest and flows
either to Corkscrew swamp or Flint Pen Strand.
Environmental:
Site Description:
The majority of the site contains previously cleared agricultural lands currently
used for citrus production. The property site contains 1382.7 acres of which
202.3 acres remains as native vegetation on site according to the definition in
the GMP and LOC. On site native vegetation communities are described in the
EIS (pages 15-18) and shown on the FLUCCS map under Exhibit B.
Wetlands:
There are currently five WRA's containing wetlands on the project site totaling
232.6 acres as shown in the EIS (Exhibit I). In general, these wetlands are a
mix of cypress, willow, freshwater marsh, cypress/pine/cabbage palm, wetland
prairie, and wetland shrub with varying degrees of exotic infestation.
The wetlands that existed and those that currently exist, including those within
the WRA' s, have been permitted and mitigated for through the 1989 SFWMO
permit process. Mitigation to offset these permitted wetland impacts was
completed and 466 acres of upland hardwoods were preserved south of County
Road 850. In 1990, ownership of the mitigated lands was transferred to the
SFWMD for inclusion into the Corkscrew Regional Ecosystem Watershed
(CREW) land acquisition area. Although some remnant wetlands will be
removed within the mining footprint, none of the wetlands located within the
existing WRA's are proposed for impacts.
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Preservation ReQuirements:
The property site contains 202.3 acres of native vegetation on site. The native
vegetation preservation requirement for this project in the Rural Lands
Stewardship Area (RLSA) utilizing baseline standards is 40% of the existing
native vegetation. The project shall preserve and place under conservation
easement to Collier County three of the five existing WRA's which contain a
total of 82.6 acres of native vegetation as shown in Exhibit I of the EIS. The
minimum required native preservation amount is 80.9 acres.
Listed Species:
During August and September 2009 and October 2010, listed species surveys
(LSS) were conducted on the project site. The listed animal species' observed
on the project site included the American alligator, tricolored heron, little blue
heron, snowy egret and white ibis. None of the observed listed species nest on
the project site. The closest breeding colony is located approximately eight
miles from the property within the Corkscrew Swamp Sanctuary. Minimization
of impacts to wading birds includes minimal impacts to existing wetlands,
enhancement of wetlands on-site by exotic removal, the creation of three
excavated lakes providing shoreline/wading habitat and taking appropriate
protective measures during project construction and operations. A
management plan for wading birds (as well as the American alligator, Black
Bear and Eastern Indigo Snake) is included in the EIS (Attachment A).
Two listed plant species, the cardinal airplant and the inflated wild pine, were
also found on site. Listed plant species individuals will remain in their current
locations as they were found within the proposed preserve locations.
Florida Panther
The site is located within the Florida Panther Focus Area. Although no
Florida panthers (Felis conc%r cory) were observed on the project site, a total
of 123.3 acres fall within the secondary panther zone. It is anticipated that
mitigation will be required by the USFWS for the proposed impacts during the
permitting process. The project will comply with all future required permitting
and mitigation requirements for panther habitat impacts.
Florida Black Bear
During the LSS, no Florida black bears (Ursus american us jloridanus) or signs
or tracks were found on the project site. Although the bears may occasionally
roam or cross the project site, there is very limited foraging on the project site
and the likelihood of possible future dens is anticipated to be very low. A
management plan for the Florida Black Bear is included in the EIS
(Attachment A).
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\'11. RECOMMENDATIONS:
StaJr recommends approval of Conditional Use - CU-PL 2009-1412 and
Excavation Permit-EXP-PL 2010-1526 with no conditions for approval.
PREPARED BY:
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CIlRIS D' ARCO
ENVIRONMENTAL SPECIALIST
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PRINCIPAL PLANNER
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EAC Meeting
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REVIEWED BY:
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GIIZALD KURTZ
S'[ ORMWA TER AND ENVIRONMENTAL PLANNING
DEPARTMENT MANAGER
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I LUAM D, LORENZ, Jr., .E.
0] RECTOR OF ENGINEERING, ENVIRONMENTAL,
CU]VIPRI:l-IENSIVE PLANNING AND ZONING
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STEVE WILLIAMS
ASSISTANT COUNTY ATTORNEY
OIFICE OF THE COLLIER COUNTY ATTORNEY
APPROVED BY:
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NICK CASA AN6di~ C1. CI c. L.
DEPUTY ADMINISTRATOR-PLANNING AND REGULATION
GROWTH MANAGEMENT DIVISION
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ler County
Growth Management Division
Planning & Regulation
Memorandum
To:
Environmental Advisory Council
From:
Mac Hatcher, Senior Environmental Specialist
Date:
February 23, 2011
Subject:
Staff Summary - March 2, 2011 Watershed Management Plan Workshop Update
Obiective: To provide a brief update on the Fertilizer ordinance, updated documents and schedule
for the Watershed Management Plans. General information for the Watershed Management Plans are
available at our web page (http://www.colliergov.net/lndex.aspx?page=2297).
Considerations: Recent legislation requires Collier County to adopt at least the "Model Ordinance"
because we have water bodies that have been designated Impaired for nutrients by FDEP. I have
requested but not yet received comments from any of the state agencies on the proposed more stringent
fertilizer ordinance provisions to date.
Updates to some of the water quality assessments have been posted on the web site and all ofthe
documents with inadequate support for statements have now been updated or removed from the website
and further consideration as support for the Watershed Plans.
Instream Water Ollality
Discharge Water Oualitv
Receiving Water Ollality
FISCAL IMPACT: There are no fiscal impacts at this time.
GROWTH MANAGEMENT IMPACT: Completion of the WMPs will support objective 2.1 of the
Conservation and Coastal Management Element of the County Growth Management Plan.
PREPARED BY: Mac Hatcher, Senior Environmental Specialist, Growth management Division
I Planning and Regulation