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CCPC Agenda 11/17/2011 RCCPC REGULAR MEETING AGENDA NOVEMBER 17, 2011 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, NOVEMBER 17, 2011, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES October 20, 2011 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS A. Note: This item has been continued from the November 3, 2011 CCPC meeting: CU- PL2009 -1412: Alico Land Development, Inc. — A Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow extraction or earthmining and related processing and production within a Rural Agricultural Zoning District with Mobile Home Overlay and Rural Land Stewardship Area (RLSA) Overlay pursuant to Subsection 2.03.Ol.A.l.c.1 of the Collier County Land Development Code for a project to be known as Lost Grove Mine located in Sections 5, 6, 7, 8 and 18, Township 46 South, Range 28 East, Collier County, Florida. [Coordinator: Kay Deselem, AICP, Principal Planner] 10. OLD BUSINESS A. Recommendation to accept the Master Mobility Plan Phase II Report and provide recommendations to the Board of County Commissioners [Coordinator: Nick Casalanguida, Deputy Administrator] 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows /jmp NO AGENDA ITEM 9 -A This item has been continued from the November 3'° meeting. CU- PL2009 -1412: Alico Land Development, Inc. You have received this material from the previous meeting. AGENDA ITEM 9 -C Co*e,r County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: NOVEMBER 3, 2011 SUBJECT: CU- PL2009 -1412: ALICO LAND DEVELOPMENT, INC. FOR A PROJECT KNOWN AS THE LOST GROVE MINE PROPERTY OWNER & APPLICANT /AGENT: Owner /Applicant: Agents: Alico Land Development, Inc. Margaret Perry, AICP R. Bruce Anderson, Esq. n Donald R. Schrotenboer, President WilsonMiller Stantec Roetzel and Andress, LPA P.O. Box 338 3200 Bailey Lakes, Suite 200 850 Park Shore Drive LaBelle, FL 33075 Naples, FL 341050 Naples, FL 34103 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for Conditional Use approval to allow extraction or earthmining and related processing and production within a Rural Agricultural Zoning District with Mobile Home Overlay and Rural Land Stewardship Area (RLSA) Overlay pursuant to Subsection 2.03.01 .A.l.c.1 of the Collier County Land Development Code for a project to be known as Lost Grove Mine. GEOGRAPHIC LOCATION: The 1,382.7± acre subject property is located on the shared boundary (north/south) of Collier and Lee Counties and along the north side of Corkscrew Road in Sections 5, 6, 7, 8 and 18, Township 46 South, Range 28 East, Collier County, Florida. (See location map and proposed Conditional Use Site Plan on the following pages.) Lost Grove Mine, CU- PL2009 -1412 Page 1 of 20 November 3, 2011 CCPC Revised: 10/26/11 37rjS QL MM Q o o Z 00 - E�: In U 6z 'N's or IL s � n 7T d 0 t, vi iJ w C5 ti 010 O y. J L96 'N'S 9L-1 ow O O O O O fq C6 LLI .......... 6o to x CC Er. ..... . .... ... .. CF .............. 1Nf10� 33l 37rjS QL MM Q o o Z 00 - E�: In U 6z 'N's or IL s � n 7T d 0 t, vi iJ w C5 ti 010 O y. J L96 'N'S 9L-1 ow O O O O O AG -2 LEE COUNTY _, __ _ e- - - ---- COLLIER' SCOW I � A y° ]aNln usF suMMaar x. ._�_ LMO use I AamAt P°xOf["� is roue NE t K. U56 Iv. R _fit - ua� Nww:i a�oi Mw PRESERVE (WRA) �S naxA +'xtxe Muv [ � aev.E nn[E ME MAD ex canamva ursas ""•'' P EiSi Wmu dtifl MA �M �Nrom�ixmiL�NRF. .. .. Ekwx rxE sw2 x.i xx` �caxrwn�wiai [xoxxoppp1x.�mRw"u'`vev ".,ttM a°cCOMUSn•)t�• A -MHO M°"a °�°i,�"`"vR NATNE VEGETATION REQUIREMENTS f>h FIFO W'TME AFMmE MaGCE CONDITIONAL USE MEA HGELRaJx nWlO.nP)Fxr4 CNGUNTICN AoAtiO OOUHOARY CONDITONAL. 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' �� tJry M1 • DC N�O: a �. \ s O ; N a �«roNx COLLIER Ml. 10 w .\ O CORkSfAEN � \ \ \ \\ `\ • �L[E 9C�ixpAa* E0.. wiEO \ aiMF BOta� � �� P4PPOEEO E LEGEND \ MAINTENMCE /SCALE HOUSE) '' " ..�•� "• - %•. /. '.NATIVE VEC PRESERVE _ .. ` \ . .: 4.•�... `. 'f uzAi'"x=T MINING MEA _.......;.,.�._ \ \\. \�\i.. «•...,.._• ^• - "� tp-o[ SwN W)Sau[RR J R O I . .. .: .. .. _ -., \` \ .... -,• ._ ... .. E4 [Pa x4t! im[ b- uwSGrt Y.Ir[n I .. .. -. ... .: .• �\�. \\ \ \.. 1 ho _T- t;R .M 111 vex E VEG'' / PRE! r 1 - ! I I / T) / 1 / If If If/ / / / / CONDITIONAL. USE A MHO Orcnax aJ IM[i� i A-MHO \ _ _ — - a[>rx ,•i 1 LEGEND ' cca K a ww, x )a <aMaa aE ,Ea Ma 1 1 ' l aM n"" wRA ED -Af l Jmv INE LAYOUT NOTE: 1 RE ANO ARE SUBJECT TO [JIUtGE. ' - / ) L PaiENIW, nCCFSS raxr AWN` -U -bnx ci Mpai fR o µ) ICfMCa , / �� Du6E \\ �i C4aaSORa aW0 O / � r ) NATURAL VEGETATION NOTE: \`\ C7 C� C� L� C� O ' UMRS OF NATURAL KCETATION AS SHOWN ON SIZE �._....... _._. ._ .............- ...._......._._ � / ❑ cTEmE¢A orcaarar PLW ARE TAKEN FROM FLVCFOB MAPPING PERFOftMEO - -• ^ °_- ^- ^" ""'_. -. BY PASWEUA Y ASSOCIATES, INC. PLUMS LINES > .w x x mcx Jraur PGk IOC. NO L 'A, / LOLL WERE ESTIAATEO FROM 1.200" AERIAL PHOTOGRAPHS ro Wxma nEVArox w[ s/P[n NL41l0 1 / ..)awrvou¢s s ocamw nrn AND LOCATIONS ARE APPRO%INATE. CONIDRIO[AL USE ° �•' "[s" WP x`" BOUNwY A -MHO / / -POImu ni w w ea ua[o' - : o[o�r.ke0. LAST GROVE MINE CONDRiONAL USE CONCEPTUAL SITE PLAN ----- --- -- --- - - - - -- ----------------- .................... 1-74 . . . . . . . . . . . . . . . . . . . . . . . ........... PONt (ton SECTION A—A .M ,SECTION B—B ,B« apavax Moll &SECTION C—C PRINTED NOV 0 5 2010 Wilsorimiller, 111c, &SECTION E.—E DEViC6FM6NF,_INC. CONDITIONAL USE CONCEPTUAL CROSS—SECTIONS LOST GROVE MINE ..... ..... T &&,SECTION D—D &SECTION E.—E DEViC6FM6NF,_INC. CONDITIONAL USE CONCEPTUAL CROSS—SECTIONS LOST GROVE MINE PURPOSE/DESCRIPTION OF PROJECT: The petitioners are requesting conditional use for extraction or earthmining 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.1 and 10.08.00 of the Collier County Land Development Code (LDC) on approximately 1,382.71E acres for a project to be known as the Lost Grove Mine. The petitioner proposes a maximum allowable depth of the excavation to be 145 feet or to the confining layer, whichever is shallower. According to the application, the proposed earth mining operation proposes the removal of 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 5 million tons of material per year. The mine will have direct access to Corkscrew Road and indirect access to SR 82 via a perpetual access easement through adjoining properties owned by the same property owner. The applicant proposes the following hours of operations: 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. SURROUNDING LAND USE AND ZONING: North: A- MHO- RSLAO; lands owned by the petitioner, developed with agricultural uses South: Corkscrew Road, then A- MHO -RSLAO zoned lands along Whidden Loop Road and Corkscrew Road, with a mix or agricultural uses and single family homes or a combination of both on tracts ranging from 2.5 acres up to 25 acres Southeast: Across Corkscrew Road, A- MHO- RSLAO; undeveloped lands controlled by the South Florida Water Management District West: Collier/Lee County line, then AG -2 zoning (Lee County designation) developed with single family residential uses on large lots and agricultural uses along with undeveloped tracts and vacant lands. The parcels to the west are located in an area known as Wildcat Farms Lost Grove Mine, CU- PL2009 -1412 Page 2 of 20 November 3, 2011 CCPC Revised: 10/26/11 Aerial Photo (subject site depiction is approximate) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property, as identified on the Future Land Use Map [FLUM], is within the Agricultural/Rural Designation, Agricultural/Rural 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 described as follows: ... 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 of these lands. The goal of the Rural Lands Stewardship Area Overlay is to: 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 Lost Grove Mine, CU- PL2009 -1412 Page 3 of 20 November 3, 2011 CCPC Revised: 10/26/11 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 Credit System for the subject property, therefore under RLSA Group 1 Policy 1.4, the property is subject to the Baseline Standards of RLSA Group 1 Policy 1.5, below. RLSA Group I 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 S 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. AGRICULTURAURURAL DESIGNATION- -The following uses and densities are generally permitted under this Designation: i. 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. 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 11—IN by staff analysis in bold print. Lost Grove Mine, CU- PL2009 -1412 Page 4 of 20 November 3, 2011 CCPC Revised: 10/26/11 FLUE Policy 5.4: New developments shall be compatible with, and complementary to, the 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. Objective 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. 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. Due to the type and size of this project and the absence of local streets, connection of local streets is not feasible. Policy 74: The County shall encourage new developments to provide walkable communities with a blend of densities, common 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. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Corkscrew Road Impacts: Corkscrew Road is not contemplated for concurrency. However, when compared to similar two -lane paved roadway, the capacity typically approximates 875 Lost Grove Mine, CU- PL2009 -1412 Page 5 of 20 November 3, 2011 CCPC Revised: 10/26/11 ^ directional trips (as reflected in the TIS). As such, the peak directional impact that is proposed on Corkscrew Road is 12 directional trips in the Peak Hour of the site, which is between 10:00 and I1:00am. This peak directional impact represents a 1.37% impact against the (assumed) capacity of 875 trips. No significant or adverse impact is demonstrated, and deceleration lanes are required at the project accesses. SR -82 Impacts: The only concurrency link that is impacted by this zoning amendment is Link 88.0, State Road 82 between the County Line and State Road 29. The peak impact that is proposed on State Road 82 during the Peak Hour of the site, which is between 10:00 and 11:00 am, is 47 directional trips. This represents a 5.37% (significant) impact on State Road 82. This segment of State Road 82 currently has a remaining capacity of 267 trips, and is currently at LOS "B" as reflected by the Draft 2011 AUIR. No subsequent concurrency links within Collier County are significantly impacted by this project. Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the proposed mining operation for compliance with the CCME and offered the following comments in the EAC staff report. 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 Policies 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. 11- 00128 -S) currently demonstrates that the onsite 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 has been approved prior to the initiation of mining activities. Mine reclamation will be done in accordance with specific requirements FDEP placed on the reclamation plan. The excavation permit will not be issued by 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. Initial monitoring wells have been installed and monitored and no adverse alterations to existing groundwater characteristics are proposed. As required per the approved Florida Department of Environmental Protection (FDEP) Environmental Resources Permit (ERP), additional monitoring wells will be installed and monitored. Lost Grove Mine, CU- PL2009 -1412 Page 6 of 20 November 3, 2011 CCPC Revised: 10/26/11 This project is consistent with Policy 6.1.1 regarding the selection of preserves. Additionally, consistent with LDC Section 4.08.05 Baseline Standards, a minimum of 40% of the existing native vegetation shall be preserved (EIS exhibit 1). 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 the site will be maintained exotic free in perpetuity. The Environmental Impact Statement (EIS) required by Policy 6.1.8 was provided. As required by Policies 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 wetland impacts within the project site are proposed. As required by Policies 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. 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. Environmental review staff recommends this petition be deemed consistent with the Conservation & Coastal Management Element (CCME). Intergovernmental Coordination Element (ICE): The following address policies contained within the ICE. Each policy below is followed by staff analysis in bold print. Objective 2: The County shall coordinate its land use planning strategy, including an assessment of proposed development, with that of other governmental and private entities. Although there are no formal intergovernmental planning agreements with Lee County for land use petitions, Collier County staff has been in contact with Lee County staff since this petition was filed, providing copies of documents as they are submitted by the petitioner's agent and getting input from Lee County staff and sharing it with the petitioner's agents. GMP Conclusion: The GNP is the prevailing document to support land use decisions such as this proposed Conditional Use application. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GNP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and the FLUM designation is a portion of the overall finding that is required, and staff believes the petition is consistent with the Collier County GMP as discussed above. The proposed Conditional Use is consistent with the GNP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. Lost Grove Mine, CU- PL2009 -1412 Page 7 of 20 November 3, 2011 CCPC Revised: 10/26/11 ANALYSIS• Before any Conditional Use can be recommended to the Board of Zoning Appeals (BZA), the CCPC must make findings that: 1) granting approval of the Conditional Use would not adversely affect the public interest; 2) all specific requirements for the individual Conditional Use are met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Section 2.03.01.A.1.c.1 of the LDC permits conditional uses in the Rural Agricultural Zoning District. The requested use for an earth- mining and related processing is permitted as a conditional use in the Rural Agricultural (A) zoning district, subject to the standards and procedures established in section 10.08.00, Conditional Uses Procedures, of the LDC. 2. Consistency with the Land Development Code and the Growth Management Plan. As noted in previous analyses, staff is recommending that the petition be found consistent with the overall GMP, finding the project consistent with the FLUE, the ICE, the CCME and the Transportation Elements of the GMP. Zoning staff has provided an in depth analysis of compatibility under Items #3 and #4 below. 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Staff with Transportation Planning has reviewed the petition and is recommending the following conditions be adopted with any approval recommendation for this petition: 1) In lieu of, and in full satisfaction of, all proportionate share payment and mitigation requirements for all off -site roadway improvements, the Owner, his assigns or successor in title, agrees to provide 67.0 AC -FT of surface water management for the portion of SR -82 adjacent the limits of the `Alico property' boundary line within Collier County. Surface water management will either be provided within the limits of the `Alico property' boundary line, or sufficient acreage will be deeded to Collier County in support of water management along SR -82 right -of -way within 180 days of the County (or FDOT's) request and at no cost to the Public. The election of either of the two options outlined above is at the sole discretion of the responsible project owner during the time of final design by FDOT. 2) Compensating right -of -way for the proposed turn lanes (equal to a 12 -foot wide acceleration or deceleration lane, as applicable) will be provided by the Owner, his assigns or successor in title (at no cost to the Public) for both Corkscrew Road and SR -82 at the time of SDP permitting. Dedicated easements will be provided, or fee simple title may be conveyed and may be conveyed at a later date, at the discretion of Owner, his assigns or successor in title and within 180 days of the County (or FDOT's) request. Lost Grove Mine, CU- PL2009 -1412 Page 8 of 20 November 3, 2011 CCPC Revised: 10/26/11 3) The Owner, his assigns or successor in title, [upon commencement of hauling] agrees to apply a $1.00 surcharge to each loaded heavy vehicle leaving the site. The funds collected shall be forwarded quarterly to Collier County, by way of the PUD Monitoring department staff. This fee may be adjusted in correlation to the Consumer Price Index [CPI] effective one year after the commencement of hauling operations, but shall not be less than $1.00 per loaded truck before adjusting for inflation. The fee may be adjusted if a uniform fee for mining is adopted by the County. Initiation of adjustments to the $1.00/loaded truck fee may be approached by either the County, or the Owner, upon reaching the effective date. However, this condition shall not be construed as a compelling obligation forcing the County to take action to initiate the fee adjustment; or to accept a modified fee structure. County's participation in adjustment of the fee structure (by establishment of a uniform fee, or by CPI -based adjustment) shall be at the County's sole discretion. 4) Collier County agrees to the following statements as a part of the Conditional approval: A. A $1.00 surcharge will be used as a base level while (if) the County explores a uniform fee that can be put on the other mines and/or haulers that would also reflect the cost of doing business. In no event, however, will owner's surcharge be below $1.00 per truck, before adjusting for inflation, and in the event of a uniform fee for all other mines and/or haulers the owner's surcharge shall be credited against the uniform fee. B. By agreeing to accommodate storm water management for SR -82 (only where it abuts the Alico property boundary), the Owner shall not be responsible for proportionate share for any off -site roadway improvements. C. The Transportation conditions and acknowledgements stated above shall not require site - related inspections by the County inspection staff. 4. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. Lee County has provided a letter dated May 6, 2011 from Lee County Commission Chairperson Frank Mann that included a Lee County staff memo dated March 31, 2011 (copy attached) describing potential impacts to property owners in Lee County. The memo states that the proposed 50 -foot wide setback and proposed "buffer would not adequately protect the property owners in Lee County from the blasting operations, as well as the dust, noise and lighting." Subsequently, Lee County staff provided a memo dated September 20, 2011 (copy attached) that included specific conditions for consideration. On October 13, 2011, Lee County staff and the applicant and agents met with Collier County staff to discuss this project. The applicant's agent offered written responses to the Lee County recommended conditions. The applicant agreed to some conditions, agreed to other conditions with modifications and would not accept other conditions. Collier County staff can support some conditions recommended by Lee County but cannot Lost Grove Mine, CU- PL2009 -1412 Page 9 of 20 November 3, 2011 CCPC Revised: 10126/11 ^ support others because some conditions are already governed by existing Collier County regulations, or because the review elements are beyond the scope of Collier County. Collier County staff, in compliance with GNP CCME Goal 13, a policy decision to avoid unnecessary duplication of reviews by other agencies such as such as the Department of Environmental Protection, the US Fish and Wildlife Service and the USACE. There are regulations in effect at the federal and state level that do not need further review at the county level. Staff therefore, does not support Lee County conditions 4, 7, 8, and 13.c. Additionally, Collier County staff cannot support Lee County condition 3, as the site has frontage along Corkscrew Road and is legally entitled to have access to that public roadway. Staff does not support Lee County Condition 10, agreeing with the applicant's assessment provided in the applicant's response to Lee County conditions. Staff does not support Lee County condition 11, because staff sees no public benefit to do so. As of October 26, 2011, Collier County staff has not received a response from Lee County regarding the applicant's alternative proposal provided to both Counties at the October 13, 2011 joint meeting. 5. Compatibility with adjacent properties and other property in the district. FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses on the subject �-. site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. There has to be a balance between the adjacent existing uses and what is allowable by the GMT. Numerous neighbors have voiced concerns about this petition. Staff believes the conditions proposed by staff adequately address the issues regarding compatibility. The petitioner has offered a setback six times the setback width required by Collier County regulations. According to Collier County Code of Laws and Ordinances, Chapter 22- Section 22 -112, the following requirements apply to Excavations: 1) Setbacks. Excavations shall be located so that the control elevation contour of the excavation shall adhere to the following minimum setback requirements: Exception, where an excavation crosses common parcel or property lines, the setback requirements are exempt at the contiguous property lines. a. Fifty feet from the right -of -way line or easement line of any existing or proposeg private or public, street, road highway or access easement. Exceptions to the above - referenced setbacks may be developed and shall be subject to final approval by the development services administrator or his designee. Said exceptions shall be based upon recognized standards for traffic engineering and road design (AASHTO and/or Manual of Lost Grove Mine, CU- PL2009 -1412 Page 10 of 20 November 3, 2011 CCPC Revised: 10/26/11 Uniform Minimum Standards for Design, Construction and Maintenance ^ for Streets and Highways, State of Florida) and shall incorporate such factors as road alignment, travel speed, bank slope, road cross section, and need for barriers. However, lakes immediately adjacent to "T intersections" shall be located based on a specific design analysis by the applicant's engineer which provides for safety and traffic considerations at the intersection. b. Fifty feet from side, rear, or abutting property lines, except where the excavation is located in agriculturally or industrially zoned districts abutting a residentially zoned district, the setback shall be 100 feet from the residentially zoned property. Exceptions to these setbacks may be granted if the following criteria are met: installation of proper fencing (minimum six feet chain link), berms, walls, or other engineered protective measures for the portion of the property line within 100 feet of the lake. The minimum setback from any property line to the control elevation contour shall be 20 feet. The applicant has complied with the Code of Laws regarding setbacks because all lands surrounding the site are zoned for agricultural use. Albeit there are residential uses on the adjacent tracts also, but the lands are zoned with an agricultural designation, therefore the proposed setbacks are in compliance with the Collier County regulations. However, as noted previously, FLUE Policy 5.4 requires that the proposed new development be compatible with existing development. Lee County staffs memo indicated that they wished to see a 1,000 foot setback and a detailed buffer requirement. Collier County staff believes an excavation setback of 300 feet should adequately address compatibility issues, when that setback is coupled with an 8 -foot high berm with the plantings proposed by the applicant. This buffer/berm combination will be provided along the western property line and along the Corkscrew Road frontage. The Lee County memo requested denser plantings with taller trees. Collier County staff is not convinced that a buffer of that magnitude is required. The applicant and Lee County staff agree on the proposed hours; Collier County staff has included those hours in the proposed conditions. Concerning items 1 and 2 listed above staff offers the following finding to support the staff recommendation: 1) granting approval of the Conditional Use would not adversely affect the public interest. Staff has included conditions in the recommendation of approval that adequately address the public interests and recommends therefore that granting approval of the Conditional Use to allow extraction or earthmining and related processing and production within a Rural Agricultural Zoning District with Mobile Home Overlay and Rural Land Stewardship Overlay pursuant to Subsection 2.03.0l.A.l.c.1 of the Collier County Land Development Code for a project to be known as Lost Grove Mine will not have an adverse affect o the public interest. Lost Grove Mine, CU- PL2009 -1412 Page 11 of 20 November 3, 2011 CCPC Revised: 10/26/11 2) all specific requirements for the individual Conditional Use are met. Staff has evaluated this petition for compliance with LDC Section 10.08.00 that sets forth the general Conditional Use procedures. There are no specific requirements for a Conditional Use to allow extraction or earthmining and related processing and production. The petitioner has not sought any relief or variance approval from any Collier County regulations regarding the mining operation. Stormwater Review: Lost Grove Mine is located near 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 32 NGVD to a low of 26 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 CFS/ 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 (CREW) where it continues its route to the Southwest and flows either to Corkscrew swamp or Flint Pen Strand. Environmental Review: Environmental Services staff is recommending approval of this petition. Furthermore, Environmental Services staff provided an analysis of the issues raised in Lee County's document entitled, "Collier County Lost Grove Mine Conditional Use Permit for an Aggregate Mine," that was attached to Lee County's March 31, 2011 memo and November 24, 2009 letter. (See Attachment A) Transportation Review: Transportation Division staff has reviewed the petition for right -of -way and access issues. Appropriate mitigation for transportation impacts has been included as conditions. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC heard this petition on September 7, 2011. Ms. Downs moved to recommend the Board of County Commissioners approve the Lost Grove Mine Conditional Use application (CU- PL2009 -1412) and Lost Grove Mine Excavation Permit (EXP- PL2010 -1526) with Mr. Sorrell seconding the motion. The motion passed unanimously 5 to 0, subject to the following conditions: 1) The owner shall ensure that the property maintains a 1000 (one thousand) foot wide, "non mining operations" buffer parallel to the following locations as depicted on Addendum A, a map titled "Lost Grove Mine — Conditional Use — Exhibit K- (2 of 2) Bear and Panther Telemetry, GPS Mortality Data — EAC 9- 7 -11." a. Along the northerly edge of Corkscrew Road as it runs in a northeasterly direction until its intersection with the easterly edge of the "primary panther zone." Lost Grove Mine, CU- PL2009 -1412 Page 12 of 20 November 3, 2011 CCPC Revised: 10/26111 b. Beginning at the southwest corner of the property and running northerly along the westerly property line a distance of approximately 4120 feet * *. c. Beginning at the northwest corner of the property and running southerly along the westerly property line a distance of approximately 2060 feet * *. **Said distances were "scaled" from Addendum A, if conflict exists, the physical features depicted on the Addendum shall govern. • The hours of operation shall be restricted to 30 minutes after sunrise to 30 minutes before sunset. Daily hours of operation shall be numerically identified by signage at the entrance of the project conforming as close as possible to the time of operation required for that day. • In order to protect off site wetlands, the project shall meet the "pre- mining discharges" up to the level allowed by current Collier County regulations. • Exterior lighting shall be shielded downward, directed toward the center of the site in the area of operation and light poles shall not exceed twenty feet in height. • The owner shall cause the installation of signs (in Spanish and English) on the entrance road educating drivers on the potential of panther activity on area roadways with requests to prohibit such nuisance activities as the use of the "fake brakes," etc. • All trucks associated with mine operations shall be queued onsite. • No on -site activities associated with any aspects of the mining operation shall occur between 10:00 pm and % hour before the mine is scheduled to open the following morning (morning activity V2 hour before opening is to be limited to "Administrative" in nature to complete the activities necessary to open the site for operations). NEIGHBORHOOD INFORMATION MEETING (NIM1: The NIM meeting was duly noticed by the applicant and held on January 12, 2011. Members of the project team were present including Bruce Anderson, Margaret Perry, Ray Piacente, John English, Tim Durham, Ron Talone, Scott Manahan, and Denis Roza along with the applicant, Don Schrotenboer, of Alico Land Development, Inc. Kay Deselem, Collier County Principal Planner attended. Approximately seven (7) members of the public were also in attendance. Questions asked/issues raised: Why weren't Lee County residents in the vicinity of the project notified? Response: Proposed project is located within Collier County. Property owner notification occurred per the Collier County LDC; land owners within 1,000 feet of the project in Collier County were notified. Notice to residents of other counties is not a Collier County requirement. Lost Grove Mine, CU- PL2009 -1412 Page 13 of 20 November 3, 2011 CCPC Revised: 10/26/11 ^ Why don't the County Commissioners know about this? Response: The application and all information received relative to the project is public record. The County Commissioners may ask questions in advance of the matter coming before them but Ms. Deselem was not aware of any inquiry to her by any of them to date. How deep will the excavation be and for how long will the mining operation last? Response: The depth of the excavation will vary depending upon the depth of the confining layer, therefore depth of excavation will vary from 45 feet to 145 feet. It is anticipated that the duration of the mining operation could last up to 35 years. What will be developed after the mining operation ceases? Response: It is probable that the property will be developed as residential. What transportation improvements will be required? Response: Meetings have occurred with County staff and conditions of approval are being drafted. Similar to other mines, the applicant is proposing $1 per truck fee to be paid to the County to be used for necessary road improvements and maintenance. The applicant will also be required to provide turn lanes for both S.R. 82 (Immokalee Road) and CR -850 (Corkscrew Road) and pay impact fees per the adopted fee schedule, if mine impact fees are adopted by Collier County. Concern was expressed regarding dangerous conditions on Corkscrew Road, particularly in rainy conditions. It was explained that approximately 90% of the traffic from the mine is expected to use S.R. 82 and 10% is expected to use Corkscrew Road. Of the 90% using S.R. 82, approximately 60% would travel northwest and 30% would travel to the east. It is also anticipated that the 10% using Corkscrew Road would travel to the southwest. Concerns were expressed regarding the curves on Corkscrew Road, trucks arriving before the mine opens and backing up on Corkscrew Road, people from Wildcat picking up their mail across the street on Corkscrew Road, children waiting for bus pick up in the morning, and truck traffic on Corkscrew Road west of Alico Road. What mitigation is required? Response: The project is under review by the Army Corps of Engineers, Department of Environmental Protection, South Florida Water Management District, and Collier County. It is the applicant's environmental consultant's understanding that there are no impacts to jurisdictional wetlands on the property, but that will be determined by the reviewing agencies. There will be panther mitigation required, but that mitigation has yet to be determined, and the compensation for any impacts will most likely occur in Collier or Hendry County, the exact location has also yet to be determined. Is someone from CREW present? Response: By a request to show hands, it was determined that there was no representative from CREW at the NIM; however, the applicant stated that he has met with the CREW board and is working with them. Lost Grove Mine, CU- PL2009 -1412 Page 14 of 20 November 3, 2011 CCPC Revised: 10/26/11 What changes can be expected relative to water management? Response: This will be considered by reviewing agencies during the permit review process. The applicant's representative explained that as the agricultural operations are phased out, pumping of the water will diminish and natural gravity will occur and control structures will be limit the flow of water. Concern was expressed about the effect of the mine relative to property values and protection of neighboring properties. How many trucks are expected at the site? Response: The applicant's representative stated it is estimated that approximately 1,400 vehicles per day (700 round trips), including employee vehicles (not all heavy trucks) would be entering and exiting the site per day. How will the trucks reach I -75? Via Corkscrew Road or via S.R. 82? Response: It will depend on the destination to where the fill is being transported, but most trucks are expected to use S.R.82. What is the time table for improvements to S.R. 82? Response: Improvements to widen S.R. 82 from Ortiz to Lee Boulevard to six lanes are now under construction, and a 7 -mile section of two -lane S.R. 82 was recently upgraded with repaving and improved shoulders. It is unknown at this time as to the timing of further improvements to the road. Would the applicant be willing to prepare an executive summary of the conditional use application for distribution to those in attendance? Response: The applicant appreciated the suggestion and will consider. Will there be a concrete or asphalt facility on site? Response: No. How many rock crushers will be used? Response: Estimated that up to six (6) could be used during times of peak operations. There may be up to two prime crushers. Will the mine be expanded in the future to include other Alico owned lands in the vicinity? Response: It is not anticipated and if that were to occur, the same review process with the ACOE, FDEP, SFWMD and County would be required. What is the property setback requirement from the proposed mine to adjacent property owners? Response: Minimum of fifty feet (50') from control elevation of mined lake. Would the applicant consider having another meeting at the library on Corkscrew Road and include Lee County residents in the area? Response: The applicant will consider. [Synopsis submitted by the petitioner's agent] Note: The applicant held an additional NIM in Lee County on June 20, 2011 at the Riverside Church on Daniels Parkway in Fort Myers, Florida. Lost Grove Mine, CU- PL2009 -1412 Page 15 of 20 November 3, 2011 CCPC Revised: 1026/11 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on October 18, 2011. RECOACIAENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition CU- PL2009 -1412 to the BZA with a recommendation of approval subject to the following conditions: 1. The developer /owner shall provide the following setbacks and buffers: Western Boundary: A 300 foot setback from the western property boundary with a Type "A" buffer (which is a 10 foot wide landscape buffer with canopy trees spaced no more than 30 feet on center.) The buffer would be enhanced to be a minimum of 70 feet wide and include an 8 foot high berm and a single row hedge. (See attached Exhibit "2 -B" West Property Boundary) sketch and cross - sections). Corkscrew Road Boundary: A 300 foot setback from Corkscrew Road with a Type "D" buffer (which is a 15 foot wide landscape buffer with canopy trees spaced no more than 30 feet on center and a double row hedge). The buffer would be enhanced to be a minimum of 70 feet wide and include an 8 foot high berm. (See attached "Exhibit 112 -A" Corkscrew sketch and cross - section.) 2. As committed to during the Lee County Neighborhood Information Meeting as part of the applicant's power point presentation, the following are conditions of the proposed mining operation: • Not more than 741 acres of the 1,383 acres of land may be excavated. • Hours of operation shall be limited to 6:00 am to 6:00 pm Monday thru Saturday. Rock crushing operations shall be limited to 7:00 am to 6:00 pm, Monday through Saturday, Blasting activities shall be limited to 9:00 am to 5:00 pm, Monday through Friday. • The majority of excavated material must be transported by conveyer to the Mine Operations Center. • The material used for blasting operations shall be limited to ammonium nitrate and mineral oil or such method as may be approved by State Fire Marshall and Department of Environmental Protection. * Excavation operations must commence in the northeastern portion of Lake #I moving in successive cuts from the north to the south. • A wheel wash facility must be installed and operated for all exiting truck traffic hauling material from the site. • The mine is limited to an average 700 trucks per day. • Dewatering is limited solely to the removal of the overburden and various utility installations. 3. Mining will occur to a depth of one foot above the confining unit, not to exceed 145 feet. Lost Grove Mine, CU- PL2009 -1412 Page 16 of 20 November 3, 2011 CCPC Revised: 10/26/11 4. The developer /owner must provide to Collier County an applicable evaluation from the US Fish and Wildlife Service on the impact of the project on the Florida panther and wood storks. Any resulting species - related requirements that are project commitments resulting from direct consultation with US Fish and Wildlife Service must also be submitted and incorporated as conditions of the site plan approval. 5. Lighting shall be provided in compliance with the Collier County regulations in effect at the time, except that light fixtures shall not exceed 20 feet in height. 6. Reclamation must commence at the time of closure of each mining lake. 7. As committed to by the applicant during the Environmental Advisory Council meeting, the following shall be adhered to: • All access to the mining operations (aggregate rock plant, mine equipment maintenance area, administration area, scales and wheel wash area) must be paved from the public road up to the perimeter of the mining operations area. • The property owner shall be responsible for damage to structures and wells resulting from this mining operation in compliance with the following criteria: Blasting complaints/claims shall be processed per the requirements of Chapter 552.32.F.S. Claims determined for structures or wells to be resulting from blasting will be the responsibility of the permit holder(s). A pre - blasting survey shall be taken for all home owners who abut the 1,383 acres in which the 741 acre mine will be located and who grant access to their houses. One copy of the pre- existing survey will be given to the homeowners and another copy shall be filed with the Collier County Engineering Services Department Director. Prior to blasting, the property owner or mine operator shall assist in the formation of a committee comprised of homeowners abutting the subject property that will work together to select a qualified engineer(s) who will investigate blasting damage complaints. The engineer(s) or engineering firm(s) should be unbiased toward all parties. • Ground vibration from blasting shall be measured in accordance to Chapter 69A- 2.024 Florida Administrative Code. During each blast a seismograph machine shall be placed in three locations along the western boundary. 8. The use of a wheel wash system is mandatory for this project. The wheel wash must be: a. Be installed with a minimum setback of 150 feet from the perimeter boundary; b. Be located on a paved access connection; and c. Provide water quality treatment and recycling for the wheel wash water; and 9. Truck staging within limits of either public or private roads external to the perimeter boundary of the approved mine site is prohibited. The mine is required to provide adequate on site stacking space to accommodate staging of mine trucks arriving at the site prior to the opening of the mine for active hauling operation. Lost Grove Mine, CU- PL2009 -1412 Page 17 of 20 November 3, 2011 CCPC Revised: 10/26111 10. In lieu of, and in full satisfaction of, all proportionate share payment and mitigation requirements for all off -site roadway improvements, the Owner, his assigns or successor in title, agrees to provide 67.0 AC -FT of surface water management for the portion of SR- 82 adjacent the limits of the `Alico property' boundary line within Collier County. Surface water management will either be provided within the limits of the `Alico property' boundary line, or sufficient acreage will be deeded to Collier County in support of water management along SR -82 right -of -way within 180 days of the County (or FDOT's) request and at no cost to the Public. The election of either of the two options outlined above is at the sole discretion of the responsible project owner during the time of final design by FDOT. 11. Compensating right -of -way for the proposed turn lanes (equal to a 12 -foot wide acceleration or deceleration lane, as applicable) will be provided by the Owner, his assigns or successor in title (at no cost to the Public) for both Corkscrew Road and SR -82 at the time of SDP permitting. Dedicated easements will be provided, or fee simple title may be conveyed and may be conveyed at a later date, at the discretion of Owner, his assigns or successor in title and within 180 days of the County (or FDOT's) request. 12. The Owner, his assigns or successor in title, [upon commencement of hauling] agrees to apply a $1.00 surcharge to each loaded heavy vehicle leaving the site. The funds collected shall be forwarded quarterly to Collier County, by way of the PUD Monitoring department staff. This fee may be adjusted in correlation to the Consumer Price Index [CPI] effective one year after the commencement of hauling operations, but shall not be less than $1.00 per loaded truck before adjusting for inflation. The fee may be adjusted if a uniform fee for mining is adopted by the County. Initiation of adjustments to the $1.00/loaded truck fee may be approached by either the County, or the Owner, upon reaching the effective date. However, this condition shall not be construed as a compelling obligation forcing the County to take action to initiate the fee adjustment; or to accept a modified fee structure. County's participation in adjustment of the fee structure (by establishment of a uniform fee, or by CPI -based adjustment) shall be at the County's sole discretion. 13. Collier County agrees to the following statements as a part of the Conditional approval: A. A $1.00 surcharge will be used as a base level while (if) the County explores a uniform fee that can be put on the other mines and/or haulers that would also reflect the cost of doing business. In no event, however, will owner's surcharge be below $1.00 per truck, before adjusting for inflation, and in the event of a uniform fee for all other mines and/or haulers the owner's surcharge shall be credited against the uniform fee. B. By agreeing to accommodate storm water management for SR -82 (only where it abuts the Alico property boundary), the Owner shall not be responsible for proportionate share for any off -site roadway improvements. C. The Transportation conditions and acknowledgements stated above shall not require site - related inspections by the County inspection staff. Lost Grove Mine, CU- PL2009 -1412 Page 18 of 20 November 3, 2011 CCPC Revised: 10/26111 14. The mining operation shall be limited to that which is depicted on the Conditional Use Conceptual Site Plan and the Conditional Use Conceptual Cross - Sections, for the project entitled, Lost Grove Mine," prepared for Alico Land Development Inc, by WilsonMiller, last revised November 5, 2010. 15. The site plan noted is conceptual in nature for Conditional Use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. 16. The Department of Zoning and Land Development Review Director or its successor or designee may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 17. Expansion of uses identified and approved within this Conditional Use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and said new conditional use approval shall comply with all applicable County regulations in effect at the time of submittal. Lost Grove Mine, CU- PL2009 -1412 Page 19 of 20 November 3, 2011 CCPC Revised: 10/26/11 PREPARED BY: rav- ba� KAY 6EOLEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: 0. RAYM D V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES I LIAM D. LORrAf, JR., P. ., IRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NICK CASALAN C46I UTY ADMINISTRATOR GROWTH MANAGEMENT DIVISION. /0 ILI t // DATE DATE / c7 2 ! - 2o! "/ DATE l� -LL -1l DATE Tentatively scheduled for the December 13, 2011 Board of County Commissioners Meeting Lost Grove Mine, CU- PL2009 -1412 November 3, 2011 CCPC Revised: 10/14/11 Page 20 of 20 ATTACHMENT "A" The below supplemental staff report attachment addresses some environmental issue questions posed by Lee County Staff in a letter dated November 20, 2009 for the Lost Grove Mine petition CU- PL2009- 1412. The questions were addressed by Environmental Plan review staff. Environmental Issues 1) How does the mining operation impact the wetlands and conservation areas to the south and hydrology and water quality of Corkscrew swamp? (Lee County) (Collier County Response Below) The Florida Department of Environmental Protection (FDEP) considers impacts to surrounding offsite wetlands during the Environmental Resource Permit (ERP) process. The ERP (Permit No. 0299533 -001) for the Lost Grove Mine has been obtained by the applicant. According to the hydrogeology report submitted by the applicant to Collier County and FDEP entitled "Hydrogeology of Lost grove Mine with an Impact Mining Analysis, " the historically permitted discharge to the offsite CREW lands to the east will not change with the mining operation. The current discharge flow rate (approximately 0.06cfs /acre) will be reduced to be in compliance with Collier County ordinance 2001 -27 (0.04cfs /acre). The five WRA's on site will not be impacted and will still serve as storage and attenuation as well as provide water quality treatment prior to discharge into offsite wetlands. Groundwater quality monitoring and wetland hydrology monitoring for the mine is required as stated in the ERP. 2) The proposed mine does not provide adequate setbacks to the internal wetlands. Increased setbacks from the preserve areas should be implemented to avoid impacts to the wetlands due to adiacent excavation. (Lee County) (Collier County Response Below) As discussed in the Environmental Impact Statement (EIS), all wetlands on site have been permitted and mitigated for during the original SFWMD ERP process for the citrus grove. The onsite wetland areas primarily serve as reservoirs for the existing citrus agricultural operations. As such, these wetland/reservoirs are surrounded by a man -made berm containing little to no native vegetation. The project will protect the actual wetland/reservoir areas and will include the re- grading of the berms to the design cross - section shown within the approved ERP permit plans and conditional use master plan. The proposed excavation boundary is setback beyond the requirements of the Collier County Land Development Code. Please note: the required mitigation for impacting any wetland areas within the reservoirs has previously been provided pursuant to South Florida Water Management District Environmental Resource Permit 11- 00128 -5 3) The wetland determination utilized by the applicant is based on the SFWMD agricultural water use permit and not a permit from FDEP Bureau of Mine Reclamation for mining activites. (Lee County) (Collier County Response Below) According to FDEP, the wetland determination is appropriate since the jurisdictional lines were approved and permitted by the SFWMD and the required mitigation for the impacts to the onsite wetlands has been completed. 4) Additional truck traffic on Corkscrew roads will result in increased wildlife mortalitv including the endangered Florida Panther. (Lee County) (Collier County Response Below) The FDEP permit acknowledges the site is within the Florida Panther Consultation Area and panthers are known to use the project area and adjacent lands. The FDEP permit does not eliminate the necessity to obtain any required federal, state, local, and special district authorizations prior to the start of any activity approved by the FDEP permit. To further protect panther, the FDEP permit requires the permittee to provide signs and permit compliance training to educate personnel, contractors and visitors about the potential presence of listed species. This shall include for each species the description of the species, its habitat and protected status; instructions not to injure, harm, harass or kill the species; directions to cease construction activities to allow the species sufficient time to move away from the construction area on its own before resuming construction; and contact information for agencies to be notified if dead listed species are encountered within the project area FDEP shall be provided with copies of any panther monitoring reports required by the Florida Fish and Wildlife Conservation Commission or federal agencies. The FDEP permit also requires the permittee, beginning five years after issuance of the permit, and every five years thereafter to have a biologist survey the project area for listed species. A listed species survey report shall identify listed species that could occur within the type of habitats in the mine lease area The survey shall be conducted during the time of year and time of day that listed species could occur within the habitats, can be observed or detected. The report shall be provided with the annual narrative report. As mentioned in the EIS, required Panther Habitat Units (PHU's) for impacts to the appropriate land use category will be provided according to the U.S. Fish and Wildlife Service (FWS) panther compensation methodology. The specific location and amount of panther compensation will be determined during the Technical Assistance process with FWS. n 5) A complete water budget analysis for the Corkscrew Swamp and Imperial River Marsh should be submitted to determine whether the proposed mine has a negative impact on the surrounding lands. The use of an existing water use permit for agricultural operations is not appropriate for the determination of the impacts for the proposed mine on the surrounding lands. (Lee County) (Collier County Response Below) According to FDEP, a water budget analysis for the site was submitted by the applicant (section 13.5.3 and section 14 of the "Hydrogeology of Lost grove Mine with an Impact Mining Analysis') and the data provided shows that there is a slight net gain in the water table aquifer water levels on the site due to the elimination of agricultural irrigation wells and an increase in storage. Since the onsite water budget analysis did not indicate a negative effect on water levels, no further analyses for other areas was required. 6) The proposed post mining reclamation plan does not include provisions for enhanced wood stork foraging habitat. (Lee County) (Collier County Response Below) The existing onsite water retention areas potentially used by wood stork will be enhanced and preserved by the project. The other existing potential wood stork forage areas are agricultural ditches and the FDEP has determined that the loss of these ditches will be compensated for by the herbaceous littoral zone required by the mine reclamation plan. August 3, 2011 Florida. Department of Environmental Protection Bureau of Mining and Minerals Regulation 2051 East Paul Dirac Drive Tallahassee, Florida 32310 -3760 Mr. Donald R. Schrotenboer, President Alico Land Development, Inc. 640 South Main Street La Belle, Florida 33935 Dear Mr. Schrotenboer: RE: Modification to Correct Permit Drawings Aiico Land Development, Inc. - Lost Grove Mine Permit No. 299533 -002, Collier County Rick Scott Governor Jennifer Carroll Lt. Governor Herschel T. Vinyard, Jr. Secretary On May 25, 2011, the Bureau of Mining and Minerals Regulation issued an environmental resource permit (Permit No. 299533-001) for the Lost Grove Mine in Collier County. The permit included 14 drawings which had undergone several revisions during the departmental review process. Subsequent inspection of the project files has indicated that three of the drawings (Figures 1, 2 and 11) attached to the permit, were signed and sealed on October 7, 2010, and therefore did not include the final revisions, which were received by the Department on February 17, 2011. This modification hereby replaces the three permit drawings with the final versions for each. Please attach a copy of this modification to the Environmental Resource Permit for the Lost Grove Mine. There will be no additional wetland impacts as a result of this modification. This drawing correction does not alter the General or Specific Conditions, or the expiration date of the permit, May 25, 2031. The proposed modification is not expected to result in any adverse environmental impact or water quality degradation. Therefore, the permit is hereby modified, provided that the following drawings are replaced in the permit: wwtiv. dep. state fl. us Alico Land Development, Inc. Lost Grove Mine Page 2 Figures 1, 2 and 11 of the permit are hereby replaced by the following figures, as signed and sealed on February 11, 2011: • Figure 1, Cover Sheet • Figure 2, Aerial with Existing Conditions - South • Figure 11, Cross Section Details This letter constitutes final agency action unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as provided below. The procedures for petitioning for a hearing are set forth below. Mediation is not available. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000. Because the administrative hearing process is designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing may result in a modification of the permit or even a denial of the application. If a sufficient petition for an administrative hearing or request for an extension of time to file a petition is timely filed, this transfer of permit automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Accordingly, the applicant is advised not to commence construction or other activities under this permit until the deadlines noted below for filing a petition for an administrative hearing, or request for an extension of time, has expired. Under rule 62- 110.106(4) of the Florida Administrative Code, a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect. Alico Land Development, Inc. Lost Grove Mine Page 3 In the event that a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Any intervention will be only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28- 106.205 of the Florida Administrative Code. In accordance with rules 28- 106.111(2) and 62- 110.106(3)(a)(4), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this letter. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under subsection 120.60(3) of the Florida Statutes must be filed within 21 days of receipt of this letter. Under subsection 120.60(3) of the Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under sections 120.569 and 120.57 of the Florida Statutes. A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes, and Alico Land Development, Inc. Lost Grove Mine Page 4 (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28- 106.301. Under paragraphs 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. This action is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of a petition, this order will not be effective until further order of the Department. This permit modification constitutes an order of the Department. The applicant has the right to seek judicial review of the order under section 120.68 of the Florida Statutes, by the filing of a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399 -3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the final order is filed with the Clerk of the Department. The Department's file on this matter is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Florida Department of Environmental Protection, Bureau of Mining and Minerals Regulation, 2051 East Paul Dirac Drive, Tallahassee, Florida 32310 -3760, Telephone: (850) 488 -8217. Alico Land Development, Inc. Lost Grove Mine Page 5 Executed in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION oward . yes Program dministrator Copies furnished to: Emilio Robau, Wilson Miller Ray Piacente, Wilson Miller US Army Corps of Engineers, Lauren Diaz DEP, South District, SLERP DEP, South District, IW South Florida Water Management District, Collier County Service Center ^ Collier County, Stan Chrzanowski CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that permit, including all copies, were mailed before the close of business on 2011, to the above listed persons. FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to 120.52('7), Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged Clerk Date 1 10,1 Z9 rrt c.r. HAlbem none p[rArlal cwrwL RLr'.Tltx L.R.C. Lo. MTtT [L[ ATInI L1[ OAAIwLL FAf�NT LAIIL RAIMRIIIL 7 II TTY Y w rLAM" 4..R Wat RAi" [ ID. rrlHF414 fIK V uKiN r¢r row- ALr1DA.l IKNCIID LTir7CAL MTer e10.1N AYDIICy1 PAT[GY. WTW �b n .. wa IIIMr v u. n folL t.T1. sIATIW v r.or UrulTr .fLC a w+AnoA a r�vwParAnwl GR CAIF TttLYlilW 4 aXK IS Lt. [ C.A.f.[ I.vfJ' 1 LIK WIIRKATD ALWINILm Rfb FIR EtI D.1.A. COA — l.iAt HK D.IC If" teem PIK !rG DITI. QLtletK IIK IdN_ Mat at I illffR rRT[ PIK tnlD�t[ PIA[ ZII[IMOm �eG W Lillrt![LL Kt1/MttD Ltvglli HK YAMdIL 1t0.1 1[fOl fi1RMtL1E b IT/1.1 ' M rtLf tFFi r R[T AI Wr ENVIRONMENTAL RESOURCE PEFW PL.AM3 FOR LOST GROVE MINE PART OF SECTION b, 6, 7, 8 AND A TOWNIMP 46 SOUTR RANG 28 EAST COLLIER COUMT1r, FLORIDA A DEVELOPMENT BY ALICO LAND DEVELOPMENT, INC P.O. BOX 3W LA80.LE, . FL 33675 (236) 4.55 -22x2 LOCATION MAP �Ia NoMT m.n. ,_4 - ,mucw;,ao`urr�; Ifl lnurlY I � 1 ,. . n r.1 • w`S � � . SITE MAP W Wk&Adbr, is uavagwa..sao.wPw, as �foT. mr. 3* 46- "-rti.�o-�eeisf.wcae..,.r.�..�, INDEX TO SHEETS MOXCT YANAM I PrIOXCT OE91GN[K f PI QJ= SUW INYYOIDJ.ryt:ML pNGG111/rI1.Y1', !1 /11 JaH W.LDI6Y. cwco 'D YY +�(7(�!aLifr r 1. CATS -11w,6 7r �9... MWO0299533.002 DE-SCRP'TiON 1 I Dove mm 3 MAW. W N talcf.m aafornaa - aam+ 7 Ana. WW V�Rnf.Irno.s _ tNMrll! WAN*W mw wm WP, OQ . /M lIDTO AIO ti"M 0 warfa $a Km - wim I wma 9K Km - wm 7 ME ptm - W= KAM a SM PWI - a[xt[ "M AM w.rtuwlct MtM 1 arre K.uf - TLf.1 LAI= t0 PW**WE AND Pm MAU tt mom scnnw WMA ri C.Wf- 1.f.'11w WETAU IS MR, DI!_ "/WKE CQPnW(L. PLAN AND OQA.T MOXCT YANAM I PrIOXCT OE91GN[K f PI QJ= SUW INYYOIDJ.ryt:ML pNGG111/rI1.Y1', !1 /11 JaH W.LDI6Y. cwco 'D YY +�(7(�!aLifr r 1. CATS -11w,6 7r �9... MWO0299533.002 1 I i 1�`i .!•q•v• Hn� • LEGEND errr wL. �•1,� o swp L.�•www� room., I,� � (•M.. �wle�dnu• wol �� '�'�» +. �:.: w:.• ;•M ::17,.'•,'x" n � an•�o.w ....w w+.+s r o..� w •Xr•: ww w w r .ran Kw•It rwp PW ro _ •.�vr�e•ww• 'z!_`� � - � Y +� S .y �'� -ice ---•r' - 1 S ! ur �s �4� _ • .7 ( Vii,+ .� _ -e �... •, • � ,!1 � .. -`' lo �1 X, • F - � - i .tea '� •� •� .. .L D y f CROSS - SECTION KEY f MAP Win• _ ;::�£.;'.�' .._ - ,^�i� -i- — — - srs�ssreamifer ' - SECTION A -A µms` ' ` �,`�'• a �.: °.:- ':w_R�_ � t J .. — _ ' +' ,raw • s 5$EGWYLIY Awl �SECTION D -D a. wL1ZS CST '- �j ".• .... .. ... z��j1xS7= .:.51' •eECTION E -E �� .5,�. SECTION br P , ALICO LANO DEVELOPMENT, INC. ,,. CROSS - SECTION DETAILS LAST GROVE MINE ry a C) i Th M Q` Ol 4 {i r C .0 r4 r ir cr rn fV C: 7111 ".7 k a L SENT VIA FEDEX May 25, 2011 Florida Department of Environmental Protection Bureau of Mining and Minerals Regulation 2051 East Paul Dirac Drive Tallahassee, Florida 32310 -3760 Donald R. Schrotenboer, President Alico Land Development, Inc. 640 South Main Street La Belle, Florida 33935 Dear Mr. Schrotenboer: RE: Alico Land Development, Inc. Lost Grove Mine, Collier County Rick Scott Governor Jennifer Carroll Lt. Governor Herschel T. Vinyard, Jr. Secretary Enclosed is the Individual Environmental Resource Permit, Permit No. 299533 -001, issued pursuant to Part IV of Chapter 373, Florida Statutes, and Title 62, Florida Administrative Code. Any party to the Order (Permit) has the right to seek judicial review of the permit pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this Notice is filed with the Clerk of the Department. Please review this document carefully to ensure compliance with both the general and specific conditions contained herein. If you have any questions about this document, please contact me at (850) 488 -8217. Sincerely, Alan Whitehouse Environmental Specialist 11 www. dep.state fl. us Florida Department 'iGov``� of Governor no Environmental Protection Jennifer Carroll Bureau of Mining and Minerals Regulation Lt. Governor 2051 East Paul Dirac Drive Tallahassee, Florida 32310 -3760 Herschel T. Vinyard, Jr. Secretary ENVIRONMENTAL RESOURCE PERMIT PERMTTTEE/AUTHORIZED ENTITY: Alico Land Development, Inc. 640 South Main Street La Belle, Florida 33935 AGENT: Donald R. Schrotenboer, President Alico Land Development, Inc. 640 South Main Street La Belle, Florida 33935 Permit/ Authorization No. 299533-001 Date of Issue: May 25, 2011 Expiration Date of Construction Phase: May 25, 2031 County: Collier Project: Lost Grove Mine This permit is issued under the authority of Part IV of Chapter 373, Florida Statutes (F.S.), and Title 62, Florida Administrative Code (F.A.C.). The activity is not exempt from the requirement to obtain an Environmental Resource Permit. Pursuant to Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62 -113, F.A.C., the Department is responsible for reviewing and taking final agency action on this activity. This permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Management Act. This permit also constitutes certification compliance with water quality standards under Section 404 of the Clean Water Act, 33 U.S.C. 1344. A copy of this authorization also has been sent to the U.S. Army Corps of Engineers ( USACOE) for review. The USACOE may require a separate permit. Failure to obtain this authorization prior to construction could subject you to enforcement action by that agency. You are hereby advised that authorizations also may be required by other federal, state, and local entities. This authorization does not relieve you from the requirements to obtain all other required permits and authorizations. The above -named permittee is hereby authorized to construct the work shown on the application and approved drawing(s), plans, and other documents attached hereto or on file with the Department and made a part hereof. This permit is subject to the limits, conditions, and locations of work shown in the attached drawings, and is also subject to the attached General Conditions and Specific Conditions, which are a Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 2 binding part of this permit. You are advised to read and understand these drawings and conditions prior to commencing the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings. if you are utilizing a contractor, the contractor also should read and understand these drawings and conditions prior to commencing the authorized activities. Failure to comply with all drawings and conditions shall constitute grounds for revocation of the permit and appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and with the general and specific conditions of this permit/ certification, as specifically described below. ACTIVITY DESCRIPTION The project is a permit/ water quality certification to establish a surface water management system for a new sand and limestone mine on 1,382.7 acres. The proposed mining will result in the excavation of three lakes totaling 740.93 acres (Lake No. 1: 376.10 acres, Lake No. 2: 208.89 acres and Lake No. 3:155.94 acres). The site is a portion of an agricultural project known as the Alico Corkscrew Grove that received a Surface Water Management Permit (File No. 11-00128-S) from the South Florida Water Management District (SFWMD) on November 13,1980. The permit was modified on November 29,1989, to authorize a water management system for a 2,442 -acre citrus grove. The grove utilizes pumps to transfer stormwater to a system of on -site farm detention areas (known as Water Retention Areas [WRAs] under the Collier County Rural Lands Area program). The water is detained here for attenuation and treatment before discharge via control structures into drainage ditches, and thence into the Corkscrew Regional Ecosystem Watershed (CREW): As the system for mining expands, agricultural operations will be phased out. The discharge structures for the WRAs will be modified as necessary to control off -site discharge. The eventual replacement of that portion of the citrus groves with reclaimed quarry lakes should result in net improvements in water quality and quantities for the CREW lands, through decreases in agricultural discharges and groundwater pumping. Approximately 2.9 acres of remnant isolated wetlands remain outside the WRAs, and will be dredged or filled by the proposed mining. Adverse impacts to these wetlands were compensated under Permit No. 11-00128-S, which required the donation of 466 acres of CREW buffer lands to the SFWMD. The loss of these wetlands and an additional 11.6 acres of maintained agricultural ditches will be further offset by the Alico Land Development, Inc. Lost Grove Mine Permit No. 299533-001 Page 3 construction of approximately 50,299 linear feet of gently sloped shorelines around the three lakes, resulting in about 13.8 acres of incidental wetlands that are not mitigation. The project area is isolated by a system of berms and does not receive any additional stormwater flows from outside of the project boundary. The proposed mining operation will consist of three excavation areas and will include a rock processing plant, scale house, maintenance facility, and access haul roads. The construction of parking areas, buildings and processing facilities will result in approximately 48 acres of impervious surfaces which will be removed at the end of mine life. No impacts to native vegetation within the WRAs are proposed. The WRAs will continue to be used for surface water storage and attenuation, while providing water quality treatment prior to any discharge off site. Adverse wetland impacts to the WRAs were previously mitigated under the SFWMD permit; however, the use of these areas for stormwater management provides foraging benefits to wood storks (Mycteria americana) and other wading birds. The mining will utilize limited dewatering to provide a dry working area. Temporary retention ponds will be utilized to retain water during the dewatering. The permittee will utilize a system of temporary recharge trenches to minimize adverse impacts to any avoided wetlands during dewatering. The recharge trenches will be regularly maintained and kept clear of accumulated silt and clays. The results of preliminary well water testing have shown that the site can be mined without adverse effects to regional groundwater quality. Water quality will be monitored through a network of perimeter monitoring wells. Mining will be limited to a maximum depth of one foot above the confining or semi- confining layer separating the shallower Water Table aquifer from the deeper, underlying Sandstone aquifer. The postreclamation land cover types will be pine flatwoods, wetlands, grass and herbaceous fields, and 740.93 acres of lakes. The lake depths will vary across the site from approximately 44 feet to 144 feet below existing grade. All the final shorelines will be constructed with a 4:1(horizontal:vertical) slope, or will feature more gentle, 8:1 slopes or a flat incidental (non- mitigation) wetland littoral zone. The estimated life of the mine is 20 years. The construction phase of this permit expires in 20 years. Prior to that time, the permittee may apply for a permit extension to accomplish any remaining mining and reclamation. Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 4 ACTIVITY LOCATION The site is located just north of Corkscrew Road (C.R 850) in the northwest corner of Collier County, approximately one mile south of State Road 82, Township 46 South, Range 28 East, Sections 5, 6, 7, 8, and 18, Class III Waters. GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented asset forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373, F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by the Department staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and during construction and permanent control measures shall be completed within seven days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in rule 40E- 4.091, F.A.C., unless a project - specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 5 4. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the Department on an annual basis utilizing an Annual Status Report Form. Status Report Forms shall be submitted by January 31 of each year. 5. Within 30 days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the supplied Environmental Resource Permit Construction Completion /Construction Certification Form No. 62- 343.900(5). The statement of completion and certification shall be based on on -site observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the Department that the system is ready for inspection. Additionally, if deviations from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as- built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. 6. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of General Condition No. 5 above, has submitted a Request for Conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 62- 343.9000; the Department determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the Department in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District - August 1995, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the Department, the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to rule 62- 343.130, F.A.C., the permittee shall be liable for compliance with the terms of the permit. Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 6 7. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. S. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the Department along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District - August 1995, prior to lot or unit sales or prior to the completion of the system, whichever occurs first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State where appropriate. For those systems which are proposed to be maintained by the county or municipal entities, final operation and maintenance documents must be received by the Department when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 9. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the Department in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 10. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E -40, F.A.C. Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 7 11. The permittee is hereby advised that section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state -owned lands. 12. The permittee must obtain a water use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to rule 40E- 20.302(4), F.A.C., also known as the "No Notice" rule. 13. The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. 14. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under subsection 373.421(2), F.S., provides otherwise. 15. The permittee shall notify the Department in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of rule 62- 343.130, F.A.C. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 16. Upon reasonable notice to the permittee, Department authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 17. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the Department. Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 8 18. The permittee shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate. SPECIFIC CONDITIONS 1. Superseded Permits. This permit does not supersede or replace the surface water management permit (Permit No. 11 -00128 -S), which was originally issued by the South Florida Water Management District in 1979 and modified in 1980,1981,1982, and 1989. That permit addresses the surface water management associated with the agricultural operations on the site, and the surrounding grove. The permittee shall apply for the necessary modification(s) to address the initiation and expansion of mining activity within the agricultural operations. 2. Permit Compliance. The purpose of this permit is to authorize the creation of a surface water management system on certain described lands within the jurisdiction of the Department. In exchange for this authorization, the permittee is obligated to perform certain acts that are described herein. A material part of the reasonable assurances the Department is relying upon in issuing this permit is that the permittee will timely and completely implement all of the conditions of this permit. The permittee understands that its failure to completely and timely comply with all of the conditions of this permit may result in a revocation or suspension of the permit and, if appropriate, that the area be restored. 3. State Lands. The permittee is hereby advised that Florida law states: "No person shall commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund or the Department of Environmental Protection under Chapter 253, F.S., until such person has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement, or other form of consent authorizing the proposed use." Pursuant to Chapter 1844, F.A.C., if such work is done without consent, or if a person otherwise damages state land or products of state land, the Board of Trustees may levy administrative fines of up to $10,000 per offense. 4. Listed Species. Permits shall be obtained from the Florida Fish and Wildlife Conservation Commission prior to the "taking" of any listed animal species. Listed animal species are those animal species listed in rules 68A- 27.003, 68A- 27.004, and 68A- 27.005, F.A.C. Taking means: taking, attempting to take, pursuing, hunting, Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 9 molesting, capturing, or killing any listed species, their nests or eggs, by any means, whether or not such actions result in obtaining possession. 5. "Good Cause Rule ". The permittee is hereby advised that rule 62- 343.100(1)(c), F.A.C., provides that for good cause and after notice to the permittee, the Department may require the permittee to conform to new or additional conditions to this permit. Circumstances that constitute "good cause" shall include any of the situations listed in the referenced rule. Construction 6. Drawing Conflicts. The project shall be conducted in compliance with the permit drawings, plans, figures, and narratives which identify location, schedule, notification, and reclamation and mitigation activities. If the approved permit drawings conflict with the specific conditions, then the specific conditions shall prevail. 7. Access Roads. The application plans show proposed construction within public road right of ways. The construction within the public lands was for informational purposes. Approval of construction within public lands will be subject to a future permit application. 8. Facility Abandonment. The following shall be properly abandoned and /or removed in accordance with the applicable regulations when located in the path of construction: a. Any existing wells in the path of construction shall be properly plugged and abandoned by a licensed well contractor. b. Any existing septic tanks on site shall be abandoned at the beginning of construction. c. Any existing fuel storage tanks and fuel pumps shall be removed at the beginning of construction or upon discovery, in accordance with the rules and regulations of the Department's Bureau of Petroleum Storage Systems. 9. Dredging and Filling. This permit authorizes dredging or filling in 11.5 acres of agricultural ditches which are non - wetland surface waters. An additional 2.9 acres n Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 10 of small wetlands and other surface waters will also be dredged or filled, as depicted on Sheet 1 of 1, Work Over Wetlands and Other Surface Waters. These dredging and filling impacts were all previously permitted under SFWMD Permit No. 11-00128-S, and were mitigated for through the donation to the SFWMD of 466 acres of CREW buffer lands. No additional dredging or filling in wetlands or surface waters are authorized by this permit. 10. Maximum Excavation Limits. Expansion of the extraction areas beyond the limits identified as "Mining Area" in Sheet 5 of 13, Master Site Plan - South, is not authorized. 11. Hazardous Materials Containment. Separate containment areas for equipment maintenance and the storage of petroleum and hazardous substances shall be constructed on site to retain stormwater from entering the mine pit. The containment areas shall be built to the volumetric requirements of Section 5.2 of the Basis of Review for Environmental Resource Permit Applications within the South ^ Florida Water Management District. Petroleum and hazardous materials shall be stored and handled in accordance with the attached Spill Prevention Control and Countermeasures Plan. 12. Stormwater Discharge. This permit does not authorize the discharge of stormwater below the design storm during the mining phase. Each of the three mining areas shall be fully surrounded by a berm constructed to three feet above the peak stage of the 25 -year three -day storm. The existing stormwater management and water quality considerations for the agricultural portions of the site will continue to be served by the WRAs in accordance with SFWMD permit No. 11 -0012 8-S, which shall be modified as needed to accommodate mining. 13. Water Quality of Discharges. Activities approved by this permit shall be conducted in a manner that does not cause violations of state water quality standards. In the event of an inadvertent discharge, water discharged from the project area shall achieve the water quality standards of Chapter 62 -302, F.A.C., for Class III waters at the point where the water leaves the project area. Water discharged to the surface water system for agricultural operations shall meet water quality standards for Class IV waters at the point where the water leaves the project area. Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 11 14. Water Conservation. All surface water management systems shall be operated to conserve water in order to maintain environmental quality and resource protection; to increase the efficiency of transport; application and use; to decrease waste; to minimize unnatural runoff from the property and to minimize dewatering of off -site property. 15. Surface Water Storage Structures. a. On -site dams, including stormwater ponds, dredge pond dikes, or tailings disposal area dikes shall not store flowable liquid more than four feet above natural grade. b. All water management structures shall be constructed of clean, muck -free fill, devoid of materials or vegetation that could allow water to be piped through the structure. Earthen material should be placed in lifts no greater in depth than one foot and compacted until the density meets or exceeds a 95- percent Modified Proctor test. A minimum of three feet of freeboard should be provided above the expected high water level within the containment system. Tops of containment berms should provide a five to ten -foot top width and should be sloped downward at one to two percent toward the interior of the containment system. Interior and exterior sides of berms should be sloped no steeper than three horizontal to one vertical. c. Vegetated surface water containment structures shall be mowed at least annually to control woody vegetation. d. Berms constructed as safety barriers (not including containment berms or dikes related to water management or dewatering activities) shall not be utilized to store flowable liquid, but may be used to divert stormwater to sumps. Water deeper than one foot above grade shall be pumped away from these structures as expeditiously as possible. 16. System Changes. No modifications or additions shall be made to this facility which could alter the stormwater management and storage characteristics of the facility without prior modification of this permit. The stormwater treatment facility shall at all times be maintained in good working order and operate as efficiently as practicable. All installed treatment facilities shall be operated to achieve the highest practical level of treatment and efficiency. n Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 12 17. Training. The permittee shall provide permit compliance training. a. Training shall be provided to the staff of the permittee and contractors who will be supervising construction, modification, alteration, or removal of the surface water management system, or conducting inspections of the surface water management system. b. Training shall be conducted for newly hired staff or contractors within the first three months of their starting date. c. Refresher training shall be conducted annually for all permittee staff and contractors who supervise construction, modification, alteration, or removal of the surface water management system, or permittee staff and contractors responsible for conducting inspections of the surface water management system. d. The training shall explain the design, construction methods, operation, maintenance, inspection, and reporting requirements for the surface water management system. e. The permittee shall maintain a list of individuals trained. The list shall include the training date and a brief identification of the individual's responsibility with regard to the surface water management system. The list shall be provided to the Department upon request. 18. Off -site Flooding. The permittee shall take all reasonable steps necessary to eliminate the risk that there will be flooding on lands not controlled by the permittee caused by silting or damming of stream channels, channelization, slumping or debris slides, uncontrolled erosion, or intentional spoiling or diking, or other similar actions within the control of the permittee. 19. Construction Adjacent to Wetlands or Other Surface Waters. Prior to stockpiling material, waste, overburden, etc., in the vicinity of a wetland or other surface waters; or conducting any other earth - disturbing activity in the vicinity of a wetland or other surface waters, the permittee shall implement measures to protect on -site and off -site wetlands and other surface waters from turbidity and sediment. Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 13 a. The permittee shall instruct all personnel associated with the project that earth - disturbing activities, including the stockpiling of material or waste, shall not occur within wetlands or other surface waters, nor adjacent to wetlands or other surface waters, where turbidity and sediment control devices are not present. b. A minimum setback distance of 50 feet shall be maintained between any earth - disturbing activities, and the limits of any un- permitted (avoided) wetlands. This setback does not apply to the existing perimeter berms and ditches surrounding the WRA's; these may be re- graded or filled as necessary, as noted on the permit drawings. Additionally, this setback does not apply to the outfall ditch south of WRA #2, where either the mine perimeter berm (for Lake #2) or excavation may be required in close proximity to this outfall ditch. Should any of these avoided wetlands be degraded by mining activities in the adjacent watershed, additional mitigation shall be required. c. The boundaries of the 50 -foot buffers located within 1000 feet of a mining area, shall be identified in the field and clearly marked with stakes and flagging at a 50 -foot or shorter interval. d. The construction of any berms in the vicinity of wetlands or other surface waters shall only occur upland of the turbidity and sediment control devices. e. Best management practices for turbidity and erosion control shall be implemented and maintained during earth - disturbing activities adjacent to wetlands or other surface waters, to prevent siltation and turbid discharges in excess of state water quality standards pursuant to Chapter 62 -302, F.A.C. Staked filter cloth, staked hay bales, or other turbidity and sediment control devices shall be installed, where appropriate. The toe of each staked filter cloth shall be buried and panels shall have at least a three -foot staked overlap area. All turbidity and sediment control devices shall be installed prior to the disturbance. All turbidity and sediment control devices shall be maintained until disturbed areas have sufficiently stabilized and vegetated to prevent water quality violations, or the movement of sediment. f. All wetland areas or other surface waters which are adjacent to the specific limits of construction authorized by this permit shall be protected from erosion, sedimentation, siltation, scouring, excess turbidity or dewatering. All exposed Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 14 and disturbed land surfaces up gradient from wetlands or other surface waters shall be stabilized with sod, seed or mulch immediately following completion of final grades to prevent erosion. Land surfaces up gradient from wetlands or other surface waters shall be stabilized at all times during and after construction so as to prevent any erosion, sedimentation, siltation, or scouring. A vegetative cover that stabilizes and prevents erosion of the material shall be established within 60 days of final grading. Upon establishment of a substantial vegetative cover, all turbidity barriers / erosion control devices may be removed. g. Should any of the avoided wetlands be degraded by activities, additional wetland mitigation shall be required. 20. Construction Adjacent to Property Lines. Prior to stockpiling material, waste, overburden, etc., in the vicinity of a property line or any other earth - disturbing activity in the vicinity of a property line, the permittee shall implement measures to protect adjacent property from sediment or other material. a. The permittee shall instruct all personnel associated with the project that earth - disturbing activities, including the stockpiling of material or waste, shall not occur adjacent to property lines where turbidity and sediment control devices are not present. b. A minimum setback distance of 50 feet shall be maintained between any earth - disturbing activities, (including land clearing, mining, materials, berm construction, and waste stockpiling), and the property line. c. The permittee shall prevent the movement of earthen materials, wastes, debris, etc., from leaving the project area. 21. Process Water Treatment. No chemicals, except water conditioners or pH adjusters which have been approved by the Department as not adversely affecting the quality of the water contained in the mine, shall be added to the process water used for transporting, washing or processing of the sand or limestone. 22. Dewatering. Dewatering activities refer to continuous pumping of water from an active extraction site for 24 continuous hours, or more, in order to maintain workable conditions. The mining will utilize limited, temporary dewatering to Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 15 provide a dry working area. The permittee shall utilize a system of temporary recharge trenches and shallow retention ponds to minimize adverse impacts to any avoided wetlands during dewatering. The depth of dewatering within the mine pits shall be permitted by the South Florida Water Management District. A copy of the SFWMD Consumptive Water Use Permit for dewatering and rock processing shall be provided to the Department prior to the start of dewatering operations on the project site 23. Recharge Ditches. Recharge ditches shall be constructed in each extraction phase that immediately abuts a wetland, wherever dewatering is going to occur within 1,000 feet of a wetland. The ditches shall be located between the construction area and the perimeter berm surrounding each wetland. The recharge ditches shall be filled with water whenever dewatering is occurring. The permittee shall utilize siltation control measures, such as turbidity curtains or filter bags to maximize the effectiveness of recharge trenches during mine dewatering. Any siltation in the recharge trenches shall be removed periodically or a minimum interval of every 30 days, depending on the period of mine dewatering and recharge waters circulation pattern. 24. Upland Reclamation Upland contouring and revegetation shall be established in the following manner: a. Contouring activities shall be initiated as soon as practical and be completed no later than one year after the calendar year in which an area becomes available for reclamation and would not interfere with mining operations. b. Upland slopes shall be contoured to the standards of Chapter 62C -36, F.A.C. c. Upland revegetation shall at least meet the standards of Chapter 62C -36, F.A.C. d. Mulching, contouring, and other suitable techniques shall be used to enhance stabilization. Should washes or rills develop after revegetation and before final release of the area, the permittee shall repair the eroded areas and stabilize the slopes. e. Reclamation activities through revegetation shall be completed within three years of the final cessation of mining operations at the mine. Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 16 25. Shoreline Reclamation. The lake shorelines are not considered wetland mitigation, and any wetlands created therein will be incidental to the shoreline reclamation. The lake littoral zone shall be created in the following manner: a. The contouring of final shorelines shall be initiated and completed no later than one year after the calendar year in which the length and final location of the shoreline is established and other mining operations have ceased in the area. The permittee may request a waiver of this requirement for any reasonable length of time when necessary to prevent the unacceptable contamination of the resource being extracted. b. Shoreline stabilization activities shall be initiated as soon as practical and completed no later than one year after the calendar year in which the final contours are established in an area. c. Reclamation activities shall be completed within three years of the final cessation of mining operations at the mine. Monitori Lag and Reporting 26. Submittals. Unless otherwise specified, all notices, plans, draft easements, reports or other documents or information required by this permit to be submitted to the Department shall be provided to: Florida Department of Environmental Protection Bureau of Mining and Minerals Regulation 2051 East Paul Dirac Drive Tallahassee, Florida 32310 -3760 (850) 488 -8217, facsimile (850) 488 -1254. 27. Reporting. Failure to submit reports in a timely manner constitutes grounds for revocation of the permit. 28. Agent Change. The permittee shall notify the Department in writing within 14 days of any change in agents, address or telephone number for the permittee or project. Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 17 29. Oil and Hazardous Substances. Petroleum products and hazardous materials shall be stored and handled in accordance with the attached Spill Prevention Control and Countermeasures Plan. Florida law requires reporting of oil and hazardous substances spills. Immediately report such spills to the Department's Division of Law Enforcement, Bureau of Emergency Response, State Warning Point: (850) 413 -9911, (800) 320 -0519, 24 hours. The discharge of less than 25 gallons of petroleum or petroleum products onto a pervious surface is not reportable, as long as the discharge is removed and properly treated or disposed, or otherwise remediated, pursuant to the applicable provisions of rule 62- 770.300, F.A.C., so that no contamination from the discharge remains on site. 30. Serious Conditions. The permittee shall within 12 hours notify the Department by telephone whenever a serious condition occurs at this facility. a. Serious conditions are, but are not limited to, situations that have or have the potential to adversely affect avoided wetlands or other surface waters, water quality, listed species, public health, safety, or welfare, or the property of others. b. During regular business hours notification shall be made to the Department by telephone. If an emergency occurs outside regular business hours, the permittee shall submit notification by fax. c. Within seven days of notification, the permittee shall submit a written report explaining the extent of the problem, its cause, and what actions have been or will be taken to correct the problem. The report shall include the results of water quality monitoring if the incident included discharges to wetlands or other surface waters. d. In the event of any accident resulting in the submergence of any equipment (such as machinery and vehicles) or containers containing petroleum or hazardous materials into the mine pit, the permittee shall submit a written closure report within seven days of the completion of recovery and clean -up operations. The report shall include photographs and shall describe the clean -up and recovery, providing details on the methods employed to limit water pollution. Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 18 31. Historical or Archaeological Sites. If historical or archaeological artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes or any other physical remains that could be associated with Native American cultures or early colonial or American settlement are discovered at any time on the project site, the permittee shall immediately stop all activities which disturb the soil in the vicinity of the artifacts. The permittee shall notify the Department and the Florida Department of State, Division of Historical Resources, Compliance and Review Section, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida, 32399 -0250, (850) 245 -6333. 32. Human Remains. In the event that human remains are encountered anywhere on the subject property, all work associated with the area of the remains must stop immediately and the proper authorities (district medical examiner) shall be notified in accordance with section 872.05, F.S., and the specific condition addressing the discovery of historical or archaeological artifacts. The Department is to be notified following notification of the proper authorities. Work shall not recommence until the Department receives verification from the appropriate authorities that the permittee may continue activities authorized by this permit. 33. Quality Assurance. In order to assure minimum field and laboratory quality assurance, methodological and reporting requirements, all field sampling shall follow the applicable collection and quality control protocols and requirements described in Chapter 62 -160, F.A.C., and the appropriate Department of Environmental Protection Standard Operating Procedures. Water quality monitoring reports shall reference the Standard Operation Procedures used and, if applicable, fully describe deviations from the Standard Operation Procedures. Monitoring reports shall specify the applicable method detection limits (MDL) and practical quantitation limits (PQL). 34. Water Quality Screening. The permittee shall use explosives placed in the groundwater to break rock for extraction. Water quality within the active mine pits shall be screened at each blasting location, prior to and after the blast. The water samples shall be collected adjacent to the blasting location, at a depth of 10 feet below the elevation of the mining bench. At each planned blasting location: a. The permittee shall collect pre -blast water quality samples, no more than 24 hours prior to the start of the loading of the explosive material. Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 19 b. The permittee shall collect post -blast samples within 24 hours after the blast. c. Each sample shall be tested for the following constituents: total nitrogen, combined nitrate - nitrite, and benzene. The water quality samples shall be promptly analyzed and reported to the Department. The data shall be compiled into a monthly blasting report letter which shall be submitted within 28 days of the last day of the month. The monthly blasting report shall provide the following information: • A description of the blasting agents used during the month, • the number and dates of blasting events during the month, • the date, locations, and ultimate fate of blasting agents for any borehole locations where detonation did not occur on an initial firing or attempt, and • a location map for the sampling sites. If the monthly reports indicate potential surface or ground water quality concerns, the Department may require corrective steps, including additional monitoring or other new or additional conditions, in accordance with rule 62- 343.100(1)(c), F.A.C, After this screening requirement has been completed for not less than 12 monthly reports with screening results, the permittee may request a minor modification to the permit to remove this condition. 35. Wetland Hydrology Monitoring. Avoided wetlands shall be protected from alterations of water levels. a. A rain gauge shall be maintained within the project area. Rainfall quantities shall be monitored in the project area daily. Monitoring shall begin when permitted construction begins, and end after the completion of all dewatering activities at the mine. b. Water table elevations in the monitoring wells (CS -6037, CS -6045, CS -6077, CS -6082, CS -6044, and CS- 6043), shall be measured on a weekly basis during the wet season and on a bi- weekly (every two weeks) basis during the dry season. The water level monitoring wells are shown on Exhibit 1 of 1, Water Table Aquifer Wells to be Monitored. Monitoring shall begin in Wells CS -6037, CS -6045 and CS -6077 when permitted construction begins. Monitoring shall begin in Wells CS -6082, CS -6044 and CS -6043 when the wells are installed. Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 20 Water level monitoring may end after the completion of all dewatering activities at the mine. Water Ievel monitoring may be suspended during mining shutdowns lasting three months or more, provided that prior written notification is provided to the Department. Monitoring shall resume upon the restart of mining activity. c. The water levels in every monitoring well shall be measured within a 24 -hour period during every groundwater sampling event. If any alteration occurs in the reference elevation for a monitoring well, the well shall be resurveyed and the monitoring table modified to reflect the new elevation. A description of any alteration shall be included in the report. d. Water table data, as well as daily rainfall data, shall be provided in tabulated and graphical formats in the Annual Hydrology Monitoring report, which shall be submitted in conjunction with the Annual Mining Report to the Department. The Annual Hydrology Monitoring Report shall include a narrative discussing the hydrographs observed within the past year and a comparison with the monitoring results for previous years, along with graphical and tabular results of the monitoring and rainfall measurements. The report shall include a conclusionary summary as to whether current hydrologic conditions are due to permitted mining operations or other identifiable causes, such as recent changes in climate, rainfall, etc. This report shall also include a map showing the locations and land surface datums for each monitoring well, as well as the location of the rainfall station. Groundwater contour elevation maps shall be constructed using the derived water level elevations and submitted in the report. 36. Groundwater Quality Monitoring. a. The existing monitoring wells, CS -6037, CS -6045 and CS -6077, shall be annually sampled and tested for groundwater quality. Groundwater quality monitoring shall begin when permitted construction begins. b. Additional wells, CS -6082, CS -6044 and CS -6043, shall be installed at least six months prior to the start of mining and shall also be sampled and tested for groundwater quality annually. The wells shall be installed and screened to just above the maximum base of excavation for nearby mine pits. All groundwater quality monitoring wells shall be constructed in accordance with, "Monitoring Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 21 Well Design and Construction Guidance Manual' Florida Department of Environmental Protection, Bureau of Water Facilities Regulation, 2008. Groundwater quality monitoring shall begin in each well when it is constructed. c. Baseline groundwater quality samples from the wells shall be analyzed for the following parameters, including specific conductance, pH, chloride, sulfate, total dissolved solids (TDS), nitrate, nitrite, gross alpha, uranium & combined radionuclides (radium +radium) and then provided to the Department. Thereafter, all monitoring wells shall be sampled and tested on an annual basis for the above -noted water quality parameters. d. The groundwater samples shall be collected in accordance with DEP -SOP- 001/01 FS 2200, Groundwater Sampling (FDEP, March 31, 2008), FS 2215, or the current version. The groundwater samples shall be analyzed by a NELAC - certified laboratory. e. If any water quality monitoring well becomes damaged or inoperable, the permittee shall notify the Department immediately and a detailed written report shall follow within seven days. The written report shall detail what problem occurred and remedial measures that have been taken to prevent recurrence. All water quality monitoring well replacement locations shall be approved by the Department prior to installation. f. Within the zone of discharge at the limits of the project area, groundwater quality shall meet the minimum criteria specified in rule 62- 520.400, F.A.C. g. A Groundwater Quality report showing the results of this annual water quality testing shall be submitted in conjunction with the Annual Mining Report to the Department. This report must include construction details on the monitoring wells (land surface datum, casing depth, well- screened interval, etc.), a map showing the location of the monitoring wells, as well as discernable copies of the laboratory and field sampling forms. The monitoring report shall include the field notes, original Groundwater Sampling Logs, analytical summary table and analytical report, per Chapter 62 -160, F.A.C. h. If at any time analytical results from the sampling at the perimeter compliance wells show concentrations at or above the groundwater maximum Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 22 contamination levels provided in Chapter 62 -550, F.A.C., the analytical report and a letter describing the results shall be provided to the Department within one week of becoming aware of or receiving the results. Within one week of becoming aware of or receiving the results, the permittee shall resample for each parameter that exceeded the maximum contamination level. The results of the resample analysis shall be provided to the Department within one week of receiving the results. i. Groundwater quality monitoring may end when all mine reclamation has been completed. Groundwater quality monitoring may be suspended during mining shutdowns lasting three months or more, provided that prior written notification is provided to the Department. Monitoring shall resume upon the restart of mining activity. 37. Excavation Depth. For any work authorized by this permit, in order to prevent water quality contamination of the shallow Water Table Aquifer from the deeper, underlying Sandstone Aquifer, no mining or excavation is allowed deeper than one foot above the shallowest depth of the confining or semi - confining Iayer separating these aquifers within each permitted mine pit. The permittee shall instruct the drilling crews associated with the layout of blasting patterns to utilize the drill cores to ensure that this depth is not exceeded by the drill. a. In accordance with Sheet 3-6 of the report HydrogeoIogy of Lost Grove Mine, with an Impact Mining Analysis (Schlumberger Water Services USA, Inc., February 2010), Master Site Plan - South (Sheet 5 of 13), and the Cross - Section Details (Sheets 11 & 12 of 13), the maximum allowable depth will vary across the site from approximately 44 feet to 144 feet below existing grade. b. The permittee shall install and maintain one or more permanent bench marks at known elevations at each pit. These bench marks shall be located such that survey crews can use the bench marks to determine the pit bottom elevations. The bench marks may be periodically replaced as the operations area expands. c. The permittee shall provide pit bottom elevations referenced to feet NGVD within the areas of the pit where extraction occurred during the previous calendar year. The pit bottom elevations shall be measured in a 50 -foot grid. The survey shall include a statement testifying to accuracy, signed and sealed Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 23 by an appropriate Florida licensed registered professional. This survey shall be provided with the annual narrative and monitoring report. d. The permittee shall allow the Department access to the pit area to verify pit bottom elevations. 38. Discharge Turbidity Monitoring. Any water discharged from the project area into adjacent agricultural ditches shall achieve the water quality standards of Chapter 62 -302, F.A.C., for Class IV waters at the point where the water leaves the project area for mining operations. Daily discharge volumes shall be recorded. Daily water samples shall be collected and analyzed for turbidity at the discharge point. Should any sample fail to achieve the water quality standards, the permittee shall comply with Specific Condition No. 39 below. 39. Water Quality Violations. The following measures shall be taken immediately by the permittee whenever the water quality levels in water leaving the project area violate state water quality standards established pursuant to Chapter 62 -302, F.A.C.: a. Cease all work contributing to the water quality violation. b. Modify the work procedures that were responsible for the violation, and repair any non - functioning containment devices. c. Within 12 hours of identifying the violation notify the Department of the time the violation is first detected, the extent of the violation, and the corrective measures that have been and will be implemented. d. Continue water quality monitoring at eight -hour intervals until samples no longer violate water quality standards. 40. Other Water Quality Reports. If any federal, state, or local permit requires water quality monitoring, the permittee shall provide copies of the monitoring reports to the Department. The permittee shall provide to the Department copies of permits which will involve water quality monitoring. 41. Stormwater System Inspections. The stormwater management system shall be inspected and reported on for the following: Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 24 a. Turbidity, sedimentation and erosion control devices, slopes and exterior sides of berms, immediately up gradient from property lines, wetlands, and other surface waters, shall be inspected daily and after each rainfall event that is greater than one inch in a 24 -hour period until the vegetation has been established. Thereafter, inspections shall occur weekly and after each rainfall event that is greater than one inch in a 24 -hour period. Should washes or rills develop, the permittee shall repair the eroded areas and stabilize the slopes within 48 hours. Where the possibility of cascading failure exists, up gradient dikes and berms must also meet this requirement. b. Pumps in the water collection areas shall be inspected daily when running to ensure correct operation. c. Each inspection shall be documented and kept on file at the facility office. Each inspection report shall contain, as a minimum: date, name of inspector, .-� as -found condition of major system features, and nature and extent of maintenance/ repair performed. A summary of the reports shall be provided to the Department when requested. d. If the stormwater management system is not functioning as designed and permitted, operational maintenance must be performed immediately to restore the system. If operational maintenance measures are insufficient to enable the system to meet the design standards, the permittee must either replace the system or construct an alternative design. Based on the above, the permittee must submit a permit modification application within 60 days of the date the system was determined to be design deficient. 42. Listed Species Surveys for Long - Duration Permit. This permit has a duration of greater than five years from the date of issuance in order to allow for the completion of the project. The permittee shall do the following as part of the reasonable assurance that the impacts of the activity, considering its nature, the size of the system, and any required mitigation, can be accurately assessed and offset where appropriate, and the terms of the permit can be met for the duration of the permit. a. Beginning five years after issuance of this permit, and every five years thereafter, the permittee shall have a biologist survey the project area for listed Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 25 species. Listed species are those animal species listed in rules 68A-27.003,,68A- 27.004, and 68A- 27.005, F.A.C., and those plant species listed in 50 Code of Federal Regulation 17.12, when such plants are found to be located in a wetland or other surface waters. The report shall identify listed species that could occur within the type of habitats in the mine lease area. The survey shall be conducted during the time of year and time of day that listed species that could occur within the habitats, can be observed or detected. The survey methods shall be described including the time of day, dates, weather conditions, transects, traps, and other methods. This report shall be provided with the annual narrative report. b. The permittee shall provide signs and permit compliance training to educate personnel, contractors, and visitors about the potential presence of listed species. This shall include for each species the description of the species, its habitat and protected status; instructions not to injure, harm, harass or kill the species; directions to cease construction activities to allow the species sufficient time to move away from the construction area on its own before resuming construction; and contact information for agencies to be notified if dead Iisted species are encountered within the project area. Construction areas include all areas identified within this permit, especially wetland mitigation areas. c. The permittee shall implement the eastern indigo snake protection provisions while conducting permitted activities, as defined by the U.S. Fish and Wildlife Service, and the Florida Fish and Wildlife Conservation Commission. This includes compliance with Specific Condition No. 42b., above. The permittee shall establish snake relocation protocols in accordance with the requirements of these agencies. Copies of monitoring reports required by these agencies shall also be provided to the Department. d. The project is within the Florida Panther Consultation Area established by the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Panthers are known to use the project area and adjacent lands. To further the protection of this species, the permittee shall comply with the requirements of Specific Condition No. 42b,, above. The Department shall be provided with copies of any panther monitoring reports required by the Florida Fish and Wildlife Conservation Commission or Federal agencies. Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 26 43. Narrative and Monitoring Reports. Annual narrative and monitoring reports shall be submitted to the Department on or before January 31 of each year. The reports shall continue to be submitted until all work authorized has been completed. The first annual narrative report shall be provided January 31, 2012. Each report shall include the following information: a. The cover page shall indicate the permit number, project name and the permittee name. Just below the title, the certification of the following statement by the individual who supervised preparation of the report: "This report represents a true and accurate description of the activities conducted during the period covered by this report"; b. the date activity began; c. a brief description and drawings showing the extent of the work completed during the previous calendar year; d. a brief description and drawings showing the work anticipated during the current calendar year; e. dates of monitoring inspections, observations made during the inspections, and corrective actions implemented or proposed, if any; f. the Depth of Mining Survey; g. the Groundwater and Mining Pit Water Quality Monitoring Report; and h. the Listed Species Survey. Release 44. Lake Surface Water Separation. The reclaimed lakes shall not connect to off -site wetlands or other surface waters below the 25 -year, 24 -hour storm stage. The created lakes are currently contemplated to be entirely owned by one entity, other than the state of Florida. If any portion of the lakes surface waters becomes subdivided into more than one ownership, or if the lakes become owned by the state of Florida, the surface waters will be waters of the state and will be required to meet all water quality standards for surface waters, or obtain variances from Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 27 water quality standards. Based on the proposed lake design, it is expected that the surface waters within deeper portions of the lakes may not meet water quality standards for dissolved oxygen at depth during the summer months. 45. General Release. All lands disturbed by mining and reclamation activities shall meet the following standards: a. All lands shall be reclaimed to a neat, clean condition by removing or adequately burying, where allowed by law, all visible debris, litter, Junk, worn -out or unusable equipment or materials, as well as all poles, pilings, and cables. b. Large rocks and boulders shall be pushed into the lakes (at least ten feet below the surface) or placed in common locations at the mine surface or buried to a minimum depth of four feet. c. All temporary buildings, pipelines, and other man -made structures shall be removed with the exception of those that are of sound construction with potential uses that are compatible with the reclamation goals. 46. Upland Release. In addition to the release standards provided by Specific Condition No. 45, upland areas shall at least meet the following standards: a. Uplands shall at least meet the slope and revegetation standards of rule 62C-36.008, F.A.C. Upland slopes shall be no steeper than four horizontal to one vertical. Land surfaces shall be vegetated and stabilized to control erosion. All washes and rills shall be repaired, vegetated and stabilized. No bare areas larger than one - quarter acre shall occur. b. The planting of native trees within the uplands to meet the reclamation performance standards of Chapter 62C -36, F.A.C., will not be inconsistent with this permit. 47. Water Quality. Water within all wetlands and waterbodies shall be of sufficient quality to allow recreation or support fish and other wildlife. 48. Littoral Zone Release. In addition to the release standards provided by Specific Condition No. 45, lake shorelines shall at least meet the following standards: Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 28 a. Shorelines shall at least meet the design criteria outlined on Sheets 11 and 12. b. The planting of native trees within the littoral zones (incidental to shoreline treatment of 4H:1V) to meet the reclamation performance standards of Chapter 62C -36, F.A.C., will not be inconsistent with this permit. 49. Operating Entity. The permittee shall retain the liability and responsibility for maintenance and security of the system until such time as the permit is transferred to an entity authorized under rule 40E4.381(1)(h), F.A.C., to accept operations of the facility. Prior to beginning mining operations on the site the permittee shall provide to the Department written authorization from the landowner for the permittee to provide maintenance and security of the system in perpetuity, or that the landowner will assume responsibility for the operation phase. 50. Operation Phase. This permit is for the construction, alteration, maintenance and operation of a surface water management system for mining operations, and for the removal of all or part of the system as part of mine reclamation. General Condition No. 7 provides the requirements for the transfer of the permit to the operation phase. a. Within 30 days after completion of reclamation of the permitted system, or independent portion of the system, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing Form 62- 343.900(5), Environmental Resource Permit As -Built Certification by a Registered Professional. The statement of completion and certification shall be based on on -site observation of construction (conducted by the registered professional engineer, or other appropriate individual as authorized by law, or under his or her direct supervision) or review of as -built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications. If the statement of completion is for a portion of a larger system, the statement shall be accompanied with plans clearly showing the portion of the system that is complete. b. When the completed system which will remain after reclamation differs substantially from the permitted plans, any substantial deviations shall be �.� noted and explained and two copies of as -built drawings submitted to the Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -401 Page 29 Department. As -built drawings shall be the permitted drawings revised to reflect any changes made during construction. Both the original and any revised specifications must be clearly shown. The plans must be clearly labeled as "as- built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. c. The following information, at a minimum, shall be verified on the as -built drawings: 1) dimensions and elevations of all discharge structures including all weirs, slots, gates, pumps, pipes, and oil and grease skimmers; 2) Iocations, dimensions, and elevations of all filter, exfiltration, or under drain systems including cleanouts, pipes, connections to control structures, and points of discharge to the receiving waters; 3) dimensions, elevations, contours, or cross - sections of all treatment storage areas sufficient to determine stage- storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems, when appropriate; 4) dimensions, elevations, contours, final grades, or cross- sections of the system to determine flow directions and conveyance of runoff to the treatment system; 5) dimensions, elevations, contours, final grades, or cross- sections of all conveyance systems utilized to convey off -site runoff around the system; 6) existing water elevation(s) and the date determined; and 7) elevation and location of benchmark(s) for the survey. d. Submittal of the completed form shall serve to notify the Department that the system is ready for inspection. The permittee shall afford Department personnel the opportunity to schedule and conduct enough on -site inspections to determine whether the permit conditions have been met. After the on -site inspection, the Department shall notify the permittee that: Alico Land Development, Inc. Lost Grove Mine Permit No. 299533-001 Page 30 1) The permit conditions have been completed and the surface water management system has been built in accordance with the approved plans; or 2) The permit conditions have not been completed, identifying specifically those elements that do not meet the conditions; or 3) The permit conditions cannot be determined at this time, identifying specifically the information lacking that prevents the determination from being made. e. Following inspection and approval of the permitted system by the Department, the permittee shall request transfer of the permit to the approved responsible operation and maintenance entity, if different from the permittee, using Form 62- 343.900(7), Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase. Executed in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION John A. Coates, P. E. Deputy Director Division of Water Resource Management 2051 East Paul Dirac Drive Tallahassee, Florida 32310 -3760 850/488 -8217 Copies furnished to: USACOE, Jacksonville DEP, Ecosystems, Greg Knecht Alico Land Development, Inc. Lost Grove Mine Permit No. 299533-001 Page 31 DEP, Tracy Robb DEP, South District, Environmental Resource Permitting DEP, South District, Industrial Wastewater Section Department of Community Affairs FWLCC, Mary Ann Poole SFWMD, Intergovernmental Programs Department, Kim Shugar SFWMD, Permitting SFWMD, Environmental Resource Planning Department, Lawrence Gerry SFWMD, Regulation Department, Anthony Waterhouse SFWMD, Policy and Planning, Coastal Zone SFWMD, CREW Lands Manager SFWMD, Martin /St. Lucie Service Center Collier County, Growth. Management Audubon of Florida, Eric Draper Audubon of Florida, Collier Audubon, Brad Cornell Conservancy of Southwest Florida Lamps Herbert Consultants, Inc., Gregory M. Hitz, P.G. Richard J. Quist and Lucy Lyon Joseph and Kim Staiger CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit, including all co ies, was mailed before the close of business on 3�, �`� 2011, to the above listed persons. FILING AND ACKNOWLEDGMENT FILED, on this date pursuant to 120.52, Florida Statutes, with the designated Department Clerk, r ipt of whic is hereby acknowled ed. Clerk Date Prepared by: Alan Whitehouse Attached: 15 pages Alico Land Development, Inc. Lost Grove Mine Permit No. 299533 -001 Page 32 LIST OF ATTACHMENTS The following figures are hereby attached to, and become part of this permit: 1. Sheet 1: Cover Sheet 2. Sheet 2: Aerial with Existing Conditions - South 3. Sheet 3: Aerial with Existing Conditions - North 4. Sheet 4: Drainage Basin Site Map 5. Sheet 5: Master Site Plan - South 6. Sheet 6: Master Site Plan -North 7. Sheet 7: Site Plan -Rock Plant 8. Sheet 8: Site Plan -Scale House and Maintenance Facility 9. Sheet 9: Site Plan -Turn Lanes 10. Sheet 10: Drainage and Paving Details 11. Sheet 11: Cross Section Details 12. Sheet 12: Cross Section Details 13. Sheet 13: NPDES Discharge Control Plans and Details 14. Exhibit 1 of 1: Work Over Wetlands and Other Surface Waters 15. Exhibit 1 of 1: Water Table Aquifer Wells to be Monitored nE nNIaEO naa u3vAnal C.E_ l'3•E. p rgpl R ;yAi1M Lor wra ncvATl W � 11C I.LIINAOE w6Elcm L.11IE wi1lTplrcC P 9AfIrt K Ui1l ITY CAYSpR iu[ a r aer fOLNTY UTT_ E.30O TSEVAi1M i� NQr Tnr.aE.t•Ir[ � LINENS fTii NQYC r0 Iun vL� aomlc xRrTON. wrUl IpRN uER1uN lelrrl Gl fMTW A/'r r I1oV I ONr OP PNr 3• 601E a0111MC EtNJT VTILliY Tq[ nano m3AtxNi of TwePaiArta tNLE TFLIYIiIw G 1S11ESa.IY na LIK �IfY LIK .I.S.T LpIIY,p IF➢ KWINI SID ilfa PIR Culf3NTFD Krft riNE rvc EIICTILL IIEM ryP( 1'drvlMYL (?IQIOE rlrt. � �- . -�Mfpl KSi 1TT FIKMILO[ PCIKUI(ED OpgILrC TI3E EMT ESLfTTIf:K IN[INErI(>y MI(11[IC AlTC 9lA N.IIIA! STMM 3Cp fTS1.CTli .XY LT/T.Af It 3FEr L8T r PQT IIIOM BW rowE 1TAL RE UCI E PERMT PLANS FOR LOST GROVE MINE PART OF SECTION 5, 8, 7, 8 AND 18, TOWM§ -F 46 SOUTH, RANGE 28 EAST COLLIER COUWY, FLORIDA A DEv%op ENT BY ALICO LAND DtVELOPMENT, INC P.O. Box 338 L41614 FL 33975 (239) 455 -2262 I nnATinN uea LDOI I ACS Z 1 Il wri NP SITE MAP WI Milkier Jm0 dLMy &3M XA . AS,,jPt P#rri MX M • Pr" 2W&O.OM . FI3 7JF1B}Mif . Wsb-81v nwNivmtrcom PW#0299553 -001 INDEX TO SHEETS 6HEET L/G.T.. R 1 ON I M N =rMTi CD W*O - sarrN il E#VW eo#W DN6 - NORfN r (ISM 9rP YW. T1FT WL WM AO TA91E8 TE nAw - SOUDI r PW - mm" 7 YfE PI.W - 110CK PLAM a $a TLM - SC4L Now AND woaDwfm EACEfTf 9 9rE PUw - TLM WC4 0 D/MPIADE MV PANNO OETA S 1 (AWS- SECTION DVAU 2 CIN1S- SECr10N DEfNLS 3 /POE•. CISCIL.MCE CONTROL PIAN AND DETALS PI D T YANIIER I PRD.ECT De"" IYMYD I PACER E OYd C N.SRT M m N //gyp CNECKM BY 11(L D.4T DATE DECUBffl 2= I 'D'o 4N*Z Te 0, 299533 -001 C WftTem 9533_60, rer TABLE Bt LAM UEE DAGWW AA —09 w &-' ' -� W c3imlm CORKSCREW REGIONAL ECOSYSTEM WATERSHED (C.R . E.W.) I TABU F. MAIMS WW MM NUMOdM N Iml PW44 07— 995 33-00, ""113E HIMATll MTE AAGENEPAL Nom ==U. LOST GROVE MINE I'm — a L Lm-rrpc Leaw MATCH ttcEto . .... Ulu— Few,- 11mr, nw PA MW Awm N MAP, G ENVER AN AN TABLES TABLES LEE COUNTY A3 w. X. —4 < Im w KoN .7 Z' PROM" PROJECT RUN a-'4'' CORKSCREW RECK**L EOOSYSTEM WATERSHED .R. N --------- — ----- SHM a ' zz W%7= ZZ: zz SHEET I CORKSCREW REGIONAL ECOSYS7EW WATERSHED (C.R.E.W.) /AM KEY MAP UMENO ED Li KEY MAP a 1�17 ALK;O 0 DEVELOPM & INC, MASTER PAM! — sbLrr,4 LOST GROPE MINE 1� --I — — 02 9 9533 oar I 1 i �� _ ✓ J II G , ✓ - 1 �\ - PRONECI 8� - I ✓ \ -t_ � pQSf1N0 AGR1CLURAI % \ OPERATIONS �I I. sFwMo PERMIT I 1 2B -S/W) 1 �. � - -00 i t J} F � I i N .✓ \ WMAA MM P }\ ••• 1Y`\ '� r' ? (• i'+C 9 ✓. \ '✓ UN Acccn 70 CR t90 \ M S .R. �•r. w• + '/ ' ` "A•T��w• —' t �� i �� (maNtusy,nao) ; y -'' •! e�-� ,pyr .r I r PPOJFCf .t � j'��x '� cs- �. � i a ,✓ .i. f M •r ...r_� �r�.�." ! � •1�'i�'�— "�WJ6i" OWNDARY -. r.13t ✓ ✓ + v , i �� ' l {r 1 ; • x:1s11.L1". —_'16" CORKSCREW REGIONAL % , ; J J ECOSYSTF WATERSHED �— � w naw) TURN LMES J 1 r i I LEGM �.. r •V\♦♦ 3' .i /!_`i7SA .._,..— ti 7 t J•�• .. $fV �'�'E !! YV *i t 3 ! w r —w—I r• EXISTING AGRICULTURAL ! J palYxr> r >% / -»- •••_ i OPERAT10N8 1 r � )�..y,. { ?.^rX � 3,`T• L � >�„i ' ! � i � .m .... —.... _ (SFWYp PERMIT J J 1 a. G. ti r.sfi '_Ttls� i � X11 -001?A -Sew. J s 1 ''' r, r '� . �,��.�.• � � � ®. �.._...., � I .,fir i \ � j1�JJ /JJ •` •e � ` �, ,,t �_3' � I� �i — — .,..::x.r, _ iC. —_ I �✓ r i - J1 r` E1�raiG GBIVaE C.OYON :,L, ro P% RM1d1 110•D j 1 ••• ,••, J Aim we 1 ! Al e i 1 1 der KEY MAP sat' cwm ALICO LAND_ oEVE1DPMENr I. WASTER SITE FLAN - NORTH �.� ,. r..,... ..,.,,..,,...I...,..rr.°_....r. PIS.,: . ROP LOST GE WNE rg;m 9953• -0Q, p�r� rM♦ ------------ , •r . _ ♦rb'JRv'.... � . : ♦ q ty . H IIII I Lys PK- mrATWW MM AMY PRE- nEAnoff IWO �� f s 0299533 OOI A4 --- fm LOST GROPE MINE e►SEC'➢OH M—M �• ROCK w♦ff narwn' .ovr canna srnvaurc s.wwK SIZE PLm Wwmm" Emma a, .s o' SITE PLAN — ROCK PLANT A CRY PRE-TWATUMT (M-0 AMY PRE-TFIFATME)rr pn mum � I "31"T'o 0299533 -C o I wrpw A ADM 0WrWL NMUW VJWW" $a mm WMAL :iaigipssav .mmal i SF W97".2"R w"-FLmma- USK DA 2 MM-TREATMENT (W*,L LfW GROVE MINE M alp A A 0 Sn PLAN - SCALE HOUSE AND MARMANCE FACLrrY a . ii :i��• ?; ';. >. . ��a ,::j� <• ' Leer � T :; �?: ��Y;< 1?:. �.:: 6o` sriii�dis ?.s�it'.iiati.- :L....':S \:.�. V.i: .• '.u,� �� '� AC= RW PST- 0 2 9 9 5 .;13-0 MW %'L ECOSYSiE►1 WAT=M (C.R.E.W.) i i y a N LOST GROVE LANE ° me nw water �-gmeres��e,+ s�crAt�m :� ter- ,.�........ I WE Lr fins, ��1111�f. 'F.'' •� i3i Ilfi.. Ran 11't /. Yl:a .hl .: rrt= a z J� ... A SAFF1 F DE* mom Tff)r-& ASPHALT TURN LANE SECTION DETAIy IWICAL LIYEROCK RUBDWAY �.C�KYN tIETA1L mO ®O©l ®m Cam! © ©� ©000 mo ° ° ©oos° ©m �o°r ©m°oo°om Y PO 0 0 Y �� !1 LPD'. .M illl Uh (uMn YM. a.Na �' M (n +aMO /,+RI �ywT pliwi O.waO Q/ P bl) #A fa.1 iaC tlY tf/ P4XM u M flb 141e M ,�T TT a w-r x a nr as nn m m W a Ti ase nm m a Pw. am w M r.= rirRi.rsia= ri..i- .� 4b.11:�b I 1 Sim- LOST GROVE NINE DRAINAGE AND PAVING DETAILS f n� .0 prw —Z-74—W —_ ....... .... 9 5 9=r--VlnkA 12"Ur MW . . . . . . . . . . . . w SECTION =Q .Woo, PA— 3 SECMQN E—F -------------- ALM LAND DEVELOPMENT, INC. CROSS—SECTION DIEWLS UM GROvE MINE i. CONVEYiwc crru F •iI �5 .��i�L: �'7R� i WATER QUAUTY uM lye 10 �►v DETAIL r Ra • R�R2�RO1�^WY OEDULOEi'AL PBW4' - -L •-• T -9*W MM ® =zt M--- r+r k al < A A 4 COMM M �l/Y4: MMK TPFAl1F71f TOR FROSIOM fril1790L 9MLL BE COIafRVCITD hT OMIFIY3 g6tl�IgN. � _ � N n •TYPICAL LAKE BANK TREATMENTS FOR =IM CON'TROi.. LOST GROW MINE Fl,-99--i-mmrry nne CROSS— SECIWN DETAILS HENDRY COUNTY . ^: LL misfirslYwl a A e.vs IL"C `.= �--._ .- .L ... , 1 ^t ^. :��•r,i:-Yt �:�'y.�':� ;'`�,'..�,`'S. . '•i -.:= ASS Low, Lh WME 46 IH9! •--� alf@YJLr. +Mar — 7..•- l..— �y..�n..- ( .,•:.: 1!g: �i -V ;`• .. .r.:e.y: ^' ... • �.X a�a,�_�•n•.�wwRrr �� "�� J;..4'AS71I ["a..• PROPER PlACFafyf" F. PEER A ff BAQ QE •.••- 0ltYY........ Iw nz CORKSCREW REGIONAL.® = F-- *.: F ECOSYSTEM WATERSHED a..r JHLEI � _ ALICO LAND ,,,,r (d D DEYELDPMENT. INC. NPDES DMCHARIX CONTROL PLAN AND DETNLS .1� . +..,on. +,......�,»...- .- .....� LAST GROVE MINE T` 0299533-001 ------------- 0 Vl� cll" k&'lln' '*0299533 -®0l mp PROJECT BOUNDARY ALJCO LAND DEVELOPMENT, INC. LOST GROVE MINE EXHIBIT: WORK OVER WETLANDS OR OTHER SURFACE WATERS (OSW) �';/ I hi Aft. Land Development, Ine. - Lost Grove Mine Pt R Schlumberger FD AI Wn *[x 5[xv — Water -Table Aquifer Well, to be Monitored during Minlag for Water Quality and Water L—.1 ` X299533 W. 's tiA'ND DEVELOPMENT October 17, 2011 Via Hand Delivery Frank Mann, Chairman Lee County Board of County Commissioners 2120 Main Street Ft. Myers, FL 33901 Re: Lost Grove Mine Conditional Use (CU -PL -2009 -1413 and EXP -PL- 2010 - 1526)' Dear Chairman Mann: On May 6, 2011, at the direction of the Lee Board of County Commissioners, you forwarded a letter to Fred Coyle, the Chairman of the Collier Board of County Commissioners, indicating .-� Lee County's concern regarding the potential issuance of the above referenced permits relating to the Lost Grove Mine in Collier County. Your concerns focused on potential impacts to nearby Lee County residents, the CREW property, groundwater and surface waters and traffic to be generated by the mining operation. As a consequence of the concerns raised in your May 6 correspondence Alico Land Development Company ( "Alico "), the applicant seeking the Lost Grove permits, has conducted an ongoing dialogue with the Collier County staff in an attempt to address those concerns. Alico has also conducted public forums in both Lee and Collier Counties relative to the permit request. In addition, a joint meeting was held on October 13 with representatives from both the Lee and Collier staffs and the Alico representatives. At that meeting a significant number of conditions were presented to the Lee and Collier staffs by Alico which we believe address a majority of the concerns referenced in your May 6 letter. Since that time these conditions have been slightly revised but remain largely unchanged from those conditions presented to your staff at the October 13 meeting. I have enclosed a copy of the referenced conditions and request that you review them prior to your Tuesday, October 18, Board of County Commissioners meeting which, as 1 understand it, includes an item on the agenda relating to the Lost Grove Mine permitting issues. I would also like to make you aware that the Florida Department of Environmental Protection (DEP) has issued an Environmental Resource Permit (ERP) for the Lost Grove Mine. Included in the ERP were the following statements from DEP relating to groundwater quality and the CREW lands: 1. The results of the preliminary well water testing have shown that the site can be mined without adverse effects to the regional groundwater quality:' Allco Land Development, Inca P.O. Box 338, LaBelle, FL 33975 • Phone (863) 675 -5113 • Fax (863) 675 -6928 Lost Grove Mine Conditional Use (CU -PL -2009 -1413 and EXP -PL- 2010 - 1526)' 2. The eventual replacement of that portion of the citrus groves with reclaimed quarry lakes should result in net improvements in water quality and quantities for the CREW lands, through decreases in agricultural discharges and groundwater pumping." (emphasis added). I would be happy to provide you with a copy of the ERP for your review. I appreciate your kind and thorough consideration of the enclosed conditions and DEP comments regarding any action that Lee County may pursue with respect to the Lost Grove Mine permitting. Sincerely, , onald R. Schrotenboer DRS /sbm Enclosure cc: John Manning, District 1 (hand delivery) Brian Bigelow, District 2 (hand delivery) Ray Judah, District 3 (hand delivery) Tammy Hall, District 4 (hand delivery) Mary Gibbs (via e-mail) Alvin Chip Block (via e-mail) Pamela Houck (via e-mail) Paul O'Connor (via e-mail) Kay Deselem (via e-mail) Bruce Anderson, Esq. (via e-mail) Charles Basinait, Esq. (via e-mail) Alico Land Development, Inc.• P.O. Box 338, LaBelle, FL 33975 . Phone (863) 675 -5113 • Fax (863) 675 -6928 Page 2 LOST GROVE MINE Below are responses from Alico Land Development Company ( "Alico ") to the approval conditions requested by Lee County staff in a memo dated September 20, 2011 from Alvin "Chip" Block to Collier County Planner Kay Deselem. In offering agreement to many of these conditions Alico seeks to demonstrate its commitment to environmental stewardship of these lands and waters and to taking into account the concerns of surrounding property owners through enhanced landscape buffers and setbacks and development standards to mitigate potential impacts. Amended language for the requested conditions are shown in strike - through and underline. Attached (Exhibit "'I") is a summary list of all of the community outreach Alico has conducted over the past two years. Lee County Comments and Alico Responses 1. a. An excavation setback from the western property line of no less than 1000 feet. Within this setback the following buffer must be established prior to the removal of excavated materials from the site: A buffer consisting of fifteen ten -foot trees with two -inch caliper and four -foot spread, ten five - foot trees with one -inch caliper and two -foot spread, and 150 native shrubs 24 inches in height per 100 linear feet. Fifty (50) percent of the required trees must be native pines; thirty (30) percent must be large native canopy trees (e.g. live oaks); and twenty (20) percent native palms or appropriate native wetland vegetation. b. An excavation setback of 1000 feet from the right -of -way of Corkscrew Road. Response: FOOTBALL FIELD SETBACKS WITH ENHANCED LANDSCAPE BUFFERS. Western Boundary: Alico proposes a 300 foot setback from the western property boundary with a Type "A" buffer (which is a 10 foot wide landscape buffer with canopy trees spaced no more than 30 feet on center.) Alico would enhance this buffer by increasing it to 70 -80 feet in width and adding an 8 foot high berm and a single row hedge. (See attached Exhibit "2 -13" West Property Boundary) sketch and cross - sections). Corkscrew Road Boundary Alico proposes a 300 foot setback from Corkscrew Road with a Type "D" buffer (which is a 15 foot wide landscape buffer with canopy trees spaced no more than 30 feet on center and a double row hedge). Alico would enhance this buffer by increasing it to 70 -80 feet in width and adding an 8 foot high berm. (See attached "Exhibit "2 -A" Corkscrew sketch and cross - section.) Note: Based on the location of existing ditches, the horizontal locations of the berms may be further offset from the boundary line. 2. As committed to during the Neighborhood Information Meeting as part of the applicant's power point presentation, the following are conditions of the proposed mining operation: • Not more than 741 acres of the 1,383 acres of land may be excavated. Response: Alico can agree to the condition as amended. • Hours of operation shall be limited to 6:00 am to 6:00 pm Monday thru Saturday. Rock crushing operations shall be limited to 7:00 am to 6:00 pm, Monday through Saturday, Blasting activities shall be limited to 9:00 am to 5:00 pm, Monday through Friday. Response: Agreed. • The maiority of excavated material must be transported by conveyer to the Mine Operations Center. Response: Alico can agree to the condition as amended. The use of haul trucks may be necessary at times. • The material used for blasting operations shall be limited to ammonium nitrate and mineral oil or such method as may be approved by State Fire Marshall and Department of Environmental Protection. Response: Alico can agree to condition as amended. Blasting operations shall be conducted with commercial explosives permitted by State Fire Marshal and Florida Department of Environmental Protection including new methods approved by these agencies in the future. + Excavation operations must commence in the northeastern portion of Lake #1 moving in successive cuts from the north to the south. side of eaGh GO. Response: Alico can agree to the condition as amended. • A wheel veh+sUIaF wash facility must be installed and operated for all exiting truck traffic hauling material from the site. GeFnpliaRGe easwe based OR AG Response: Alico can agree to the condition as amended. • The mine is limited to a maximum of 700 trucks per day. Response: This condition is not agreed to. It is estimated that the mine would generate an AVERAGE of approximately 700 haul truck round trips per day when the mine is in full operation. Since this figure is an AVERAGE, the number of haul truck round trips on any given day will vary. • Dewatering is limited solely to the removal of the overburden and "utilitv installation." Response: Alico can agree to the condition as amended. 3. All vehicular access to this site would be limited to SR 82, Immokalee Road. No direct access is permitted to Corkscrew Road. Response: This condition is not agreed to. 4. The maximum permitted length of this mining operation is 30 years. Response: This condition is not agreed to. Life of mine is dependent upon market conditions; length of operation is determined by DEP permit. 5. The maximum permitted depth of this mining operation may not exceed a depth of 5 feet above the confining layer. Response: Mining will occur to a depth of one foot above the top of the confining unit. The confining unit consists of low permeability sediments including predominantly clay and marl. These materials have no commercial value so the mine operators have no incentive to excavate in the confining unit which is estimated to be 40 feet thick or more beneath the excavation areas. 6. The applicant must provide to Collier County an applicable evaluation from the US Fish and Wildlife Service on the impact of the project on the Florida panther and wood storks. Any resulting species - related requirements that are project commitments resulting from direct consultation with US Fish and Wildlife Service must also be submitted and incorporated as conditions of the site plan approval. Response: Alico can agree to this condition 7. The reclamation must be designed to provide a created wetland littoral zone along the entire perimeter of the excavated lake areas. Created wetland littoral zones must be a minimum of 50' wide and meander up to 100' in width, designed with an appropriate slope to provide a littoral shelf that reaches a depth of not less than -3. 0 feet from the control elevation or seasonal high water level, and include varying depths within to provide foraging "pockets" for wood storks and other wading birds as water levels recede. Response: Reclamation will be as required by the DEP permit; lake excavation activities subject to the Resource Extraction Reclamation Act (Ch. 378. Part IV, Fla Stat.) Upland Reclamation. Upland contouring and revegetation shall be established in the following manner: a. Contouring activities shall be initiated as soon as practical and be completed no later than one year after the calendar year in which an area becomes available for reclamation and would not interfere with mining operations. b. Upland slopes shall be contoured to the standards of Chapter 62C -36, F.A.C. C. Upland revegetation shall at least meet the standards of Chapter 62C -36, F.A.C. d. Mulching, contouring, and other suitable techniques shall be used to enhance stabilization. Should washes or rills develop after revegetation and before final release of the area, the permittee shall repair the eroded areas and stabilize the slopes. e. Reclamation activities through revegetation shall be completed within three years of the final cessation of mining operations at the mine. 3 Shoreline Reclamation. The lake shorelines are not considered wetland mitigation, and any wetlands created therein will be incidental to the shoreline reclamation. The lake littoral zone shall be created in the following manner: a. The contouring of final shorelines shall be initiated and completed no later than one year after the calendar year in which the length and final location of the shoreline is established and other mining operations have ceased in the area. The permittee may request a waiver of this requirement for any reasonable length of time when necessary to prevent the unacceptable contamination of the resource being extracted. b. Shoreline stabilization activities shall be initiated as soon as practical and completed no later than one year after the calendar year in which the final contours are established in an area. c. Reclamation activities shall be completed within three years of the final cessation of mining operations at the mine. 8. A copy of the required annual monitoring report (as provided for in the Collier County Code of Ordinances, Chapter 22, Section 22 -113) must be sent to the Director of the Division of Natural Resources, Lee County, FL. The monitoring report shall include the following information and an analysis of impacts caused by the mine operation on surrounding properties in Lee County: a) Surface water and groundwater levels monitored throughout mine construction. b) Surface water and groundwater quality monitored throughout mine construction for potential chemical hazards which may influence the existing conditions. c) Baseline preconstruction conditions established for both sub sections a) (water levels) � and b) (water quality). If the analysis shows adverse impacts to surrounding properties in Lee County, the report shall identify contingency plans for dealing with adverse impacts and a list of remedial actions to be taken to eliminate the adverse impacts. Response: Monitoring will be as required by the DEP permit. Wetland Hydrology Monitoring. Avoided wetlands shall be protected from alterations of water levels. a. A rain gauge shall be maintained within the project area. Rainfall quantities shall be monitored in the project area daily. Monitoring shall begin when permitted construction begins, and end after the completion of all dewatering activities at the mine. b. Water table elevations in the monitoring wells (CS -6037, CS -6045, CS -6077, CS- 6082, CS -6044, and CS- 6043), shall be measured on a weekly basis during the wet season and on a bi- weekly (every two weeks) basis during the dry season. The water level monitoring wells are shown on the attached (Exhibit "3 "), Water Table Aquifer Wells to be Monitored. Monitoring shall begin in Wells CS -6037, CS -6045 and CS -6077 when permitted construction begins. Monitoring shall begin in Wells CS -6082, CS -6044 and CS -6043 when the wells are installed. Water level monitoring may end after the completion of all dewatering activities at the mine. Water level monitoring may be suspended during mining shutdowns lasting three 4 months or more, provided that prior written notification is provided to the Department. Monitoring shall resume upon the restart of mining activity. Groundwater Quality Monitoring. a. The existing monitoring wells, CS -6037, CS -6045 and CS -6077, shall be annually sampled and tested for groundwater quality. Groundwater quality monitoring shall begin when permitted construction begins. b. Additional wells, CS -6082, CS -6044 and CS -6043, shall be installed at least six months prior to the start of mining and shall also be sampled and tested for groundwater quality annually. The wells shall be installed and screened to just above the maximum base of excavation for nearby mine pits. All groundwater quality monitoring wells shall be constructed in accordance with, "Monitoring Well Design and Construction Guidance Manual" Florida Department of Environmental Protection, Bureau of Water Facilities Regulation, 2008. Groundwater quality monitoring shall begin in each well when it is constructed. Since these monitoring reports are public records, Lee County can request copies from the relevant agency. 9. a. Lighting of the mining operation may not exceed 0.8 footcandle as measured in footcandle on the task surface (for example the parking lot or area surface) with a light meter held parallel to the ground or other surface, facing up. b. In no case may the illumination exceed 0.2 footcandle measured at 10 feet from the ^ property line onto adjacent property or roadway. Response: Lighting will be in compliance with LDC requirements; agreed to height of 20 feet and shielded lights at Environmental Advisory Council. 10. No mining is permitted within the primary panther habitat zone. Response: This Condition is not agreed to. The designation of a portion of the site as "primary zone habitat" came about as a result of the methodology used to generate the overall primary and secondary zone mapping of Southwest Florida, and not on an actual evaluation of the specific habitat on the site. The methodology was created to capture important natural habitats plus a 300 meter offset around these areas. The existence of roads, such as Corkscrew Road in this case, was not consistently factored into the mapping exercise. While the primary and secondary zone delineations are a good general guide, a site - specific evaluation of the Lost Grove Mine site shows: • The "primary zone" area on site is part of the offset to buffer important lands • The actual habitat of the onsite primary zone lands is primarily citrus, not native habitat • Preserving the onsite "primary zone" lands would create a very small habitat area separated from the high value habitat to the south by Corkscrew Road • Any minor value of the "primary zone" area would be more than negated by panther having to cross Corkscrew Road to use it any way. See attached Exhibit "4 -A" and "4 -B ". ^ 11. Buffers and other areas not part of the active mining operations must be placed in a conservation easement prior to commencing mining operations. Response: This condition is not agreed to. 12. Reclamation must commence at the time of closure of each mining se44 lake. Response: Agreed. 13. As committed to by the applicant during the Environmental Advisory Council meeting, the following must be done: a. All access to the mining operations (aggregate rock plant, mine equipment maintenance area, administration area, scales and wheel wash area) must be paved from the public road up to the perimeter of the mining operations area. Response: Alico can agree to this condition as amended. b. The property owner will be responsible for damage to structures and wells resulting from this mining operation. Response: Alico can agree to this condition as clarified with the following specifics. Blasting complaints / claims shall be processed per the requirements of Chapter 552.32.F.S. claims determined for structures or wells to be resulting from blasting will be ^ the responsibility of the permit holder(s). A pre - blasting survey shall be taken for all home owners who abut the 1,383 acres in which the 741 acre mine will be located and who grant access to their houses. One copy of the pre- existing survey will be given to the homeowners and another copy shall be filed with the Collier County Engineering Services Department Director. Prior to blasting, the property owner or mine operator shall assist in the formation of a committee comprised of homeowners abutting the subject property that will work together to select a qualified engineer(s) who will investigate blasting damage complaints. The engineer(s) or engineering firm(s) should be unbiased toward all parties. c. Additional meters for blasting are required. As maybe permitted by the nearby property owners, meters must be placed at each home located within 1,000 feet of the perimeter property line. Response: This condition is not agreed to. Ground vibration from blasting shall be measured in accordance to Chapter 69A -2.024 Florida Administrative Code. During each blast a seismograph machine shall be placed in three locations along the western boundary. 14. The use of a tFUGk and #iFe wheel wash system is mandatory for this project. The tFUslcand tife wheel wash must: Response: Alico can agree to this condition as amended. a. Be installed on the property with a minimum setback of 150 feet from the perimeter boundary; Response: Agreed. b. Be located on a paved access connection; and Response: Agreed. c. Provide water quality treatment and recycling for the tire wheel wash water; and Response: Alico can agree to this condition as amended. 15. Truck staging within limits of either public or private roads external to the perimeter boundary of the approved mine site is prohibited. The mine is required to provide adequate on- site stacking space to accommodate staging of mine trucks arriving at the site prior to the opening of the mine for active hauling operation. Response: Agreed. Lost Grove Mine Attachments: Exhibit "1" — Alico Outreach Communication Exhibit "2 -A" — Cross - section Corkscrew Exhibit "2 -B" Cross - section West Property Boundary Exhibit "T' Well Exhibit "4 -A" Panther Exhibit "4 -B" Panther List of Exhibits Lost Grove Mine Community Outreach Communications Timeline: Sept 20, 2009 Don Schrotenboer and Tim Durham met with Nancy Payton (Florida Wildlife Federation) and Brad Cornell (Collier County Audubon Society) in the WilsonMiller offices to explain the project. They noted project was consistent with RLSA program. Nancy observed that project would not preclude the northern panther corridor contemplated in the Panther Protection Program. Aug 25, 2009 Don Schrotenboer and Tim Durham met with Elizabeth Fleming (Defenders of Wildlife) in WilsonMiller's Ft Myers offices. Oct 18, 2010 Don Schrotenboer and Tim Durham met with CREW Board (plus unidentified others) to present project and solicit comments. Jan 12, 2011 Conducted Collier County Neighborhood Information Meeting. June 20, 2011 Project team met with CREW to do another presentation and solicit comments/questions. June 20, 2011 Presentation at Voluntary Neighborhood Information Meeting with Lee County residents. June 23, 2011 Exchange of information with Alex Sulecki (Conservation Collier) by Scott Manahan concerning Caracara Preserve. July 2011 Don Schrotenboer submitted written response to questions raised at the 6/20P11 CREW meeting to Brenda Brooks. July 23, 2011 Bruce Anderson call with Brad Cornell. July 28, 2011 Bruce Anderson met with Nancy Payton and Brad Cornell. Aug 12, 2011 Call with Nancy Payton, Tim Durham, Don Schrotenboer Re: USFWS Technical Review Process and proposed Habitat Conservation Bank. Aug 29, 2011 Call with Jason Lauritsen, Brad Cornell, Shelly Day, Scott Manahan, Bruce Anderson, Don Schrotenboer Re: Water table levels; Water Models; Etc. 6031948 0 Exhibit 1 r MY Affizaic.. -Ptslb4Cu= cw kl-�j n n -fie k A � �a E)c. lce (Low Oasckew 653, A??aO)c tv-tt�u i>lSTbA� _ �___ C -41 Ki l . 4+a 10, -So' "t4DS fe Atr^ + t��Itciirz t� tC- i B w t4 wdTQrt_ T'+li6 V LbADSWC &ffGk A��i sue" cj!, �O P4 11515% A71- Sot c O CHt�TM fA6. o. w,- 6�tz, S6cTIot��Ei.EV�'`joA A- 1, .mot r °. 8' aPPOYm4w - tST"C -t #cwt J a tCr 1-0 BLASM F2aeMT11 U11i✓ 130' A f ?P-6x. 3O' tit tj t MU VA SeitWL 1 Ey, . Lea cots t�m 8` ttlC%e WAY-.- (41TI+ (Lee/6bLLl6VL CDt� 1,W�1D5� {'3,J�61Q„ �!ti'�l �ieu) �� OF �T�. wow twa X �tsTjoej CtTVZOS TQGa 64 34ux4 lr>) cr _j L�.- '- 3✓ �. lu Af Pill NUIA. sac) Ll m x 27 o� w Schlumberger WATER SERVICES n. v 0 2,000 4,000 Feet Existing Monitoring Well Proposed Monitoring Well Proposed Excavation Area Alico Land Development, Inc.. Lost Grove Mine FDEP RAI Water-Table Aquifer Wells to be Monitored during Mining for Water Quality and Water Level V.\2156\active215600278 \gis\ 05712_ L.stG,oveMinekMXDk00278_LGN _ PantherPrimary_2011105_v01_2182.mxd Y a l' k� ; 4 zn IC t 7) 93 Conditional Use Boundary FLUCCS Primary Zone for Panther 19E1 3, 221 Qtrus Groves 70.53 4221 514 Braalian Pepper, Fi dric ❑itch 045 7.04 530 Ibservoi rs 0.57 6189 E1 Willow, Exotics10.24% 5.47 6319 E1 Wetland Scrub, Exotics 10-24% 8.49 6319 Q Wet I and Scrub, Scot i cs 2549% 4.15 6419 E1 Freshwater Marsh, Exotics 10.24% 1.67 6439 E1 740 Wet Prai ri e, Exot i cs 10-24% Disturbed Land 0.70 14.87 7401 Disturbed Land, Fi dric 2.40 747 Berm 6.91 123.25 .:_ Stantec Consulting 3200 Bailey Lane Suite 200 Lost Grove M i ne Naples, FL 34105 — tel 239.649.4040 Exhibit 4 -113 StanteC fax 239.263.6446 M. • V:121561edive121560D27ftis105712 LostGroveMinel MXD100278_LGM_PantherPdmary_ZOOM 2011105y01 2182-mxd . Feet 500 1,000 �he information on this map has been compiled by Stantec staff from a variety of sources and is subject to change without notice. Stantec makes no representations or warranties, express or implied, as to accuracy, completeness,timeliness, or rghts to the use of such information. r. MEMORANDUM FROM THE LEE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT ZONING DIVISION DATE: September 20, 2011 To: Kay Deselern, Principal Planner FROM: Alvin Block, AICP Swi- Collier County Principal Plattner SUBJECT Lost Grove Mine Conditional Use — CU- PL2009 -1412 Excavation Permit — EXP- 2010 -1526 On May 6, 2011, the Lee County Board of County Commissioners sent to the Collier County Board of County Commissioners a letter which expressed Lee County's concerns with the above noted land use petition. (A copy of this letter and memorandum are attached.) This review was based on the limited information supplied by the applicant. The proposed mine is a large project with a long duration, with substantial impacts to Collier and Lee Counties. The staff has reviewed the proposal, attended Neighborhood Informational Meetings, and just recently attended the Environmental Advisory Council meeting on September 7, 2011. In the event that Collier County staff would recommend approval of this land use petition, Lee County staff would, respectfully, ask Collier County staff to incorporate the following conditions which include some proposed by the applicant at the Neighborhood Informational Meeting, and Environmental Advisory Council meeting: 1. a. An excavation setback from the western property line of no less than 1000 feet. Within this setback the following buffer must be established prior to the removal of excavated materials from the site: A buffer consisting of fifteen ten -foot trees with two -inch caliper and four -foot spread, ten five -foot trees with one -inch caliper and two -foot spread, and 150 native shrubs 24 inches in height per 100 linear feet. Fifty (50) percent of the required trees must be native pines; thirty (30) percent must be large native canopy trees (e.g. live oaks); and twenty (20) percent native palms or appropriate native wetland vegetation. b. An excavation setback of 1000 feet from the right -of -way of Corkscrew Road. 2. As committed to during the Neighborhood Information Meeting as part of the applicant's power point presentation, the following are conditions of the proposed mining operation: • Not more than 741 acres of land may be excavated. • Hours of operation shall be limited to 6:00 am to 6:00 pm Monday thru Saturday. Rock crushing operations shall be limited to 7:00 am to 6:00 pm, Monday through Saturday. S:11VR1TER31B,C0CK FAI,C)ST CiR01 /li :iA1R'EL•iIL,1 /0 TO KAY DFSFLFAf DCC'X Blasting activities shall be limited to 9:00 am to 5:00 pm, Monday through Friday. • All excavated material must be transported by conveyer to the Mine Operations Center. • The material used for blasting operations shall be limited to ammonium nitrate and mineral oil. Excavation operations must commence in the northeastern portion of Lake #1 moving in successive cuts from the north to the south with material stockpiling along the southern side of each cut. • A vehicular wash down facility must be installed and operated for all exiting traffic. Compliance will be a performance measure based on no visible tracking onto the public roadway. • The mine is limited to a maximum of 700 trucks per day. • Dewatering is limited solely to the removal of the sand overburden. 3. All vehicular access to this site would be limited to SR 82, Immokalee Road. No direct access is permitted to Corkscrew Road. 4. The maximum permitted length of this mining operation is 30 years. 5. The maximum permitted depth of this mining operation may not exceed a depth of 5 feet above the confining layer. 6. The applicant must provide to Collier County an applicable evaluation from the US Fish and Wildlife Service on the impact of the project on the Florida panther and wood storks. Any resulting species - related requirements that are project commitments resulting from direct consultation with US Fish and Wildlife Service must also be submitted and incorporated as conditions of the site plan approval. 7. The reclamation must be designed to provide a created wetland littoral zone along the entire perimeter of the excavated lake areas. Created wetland littoral zones must be a minimum of 50' wide and meander up to 100' in width, designed with an appropriate slope to provide a littoral shelf that reaches a depth of not less than -3.0 feet from the control elevation or seasonal high water level, and include varying depths within to provide foraging "pockets" for wood storks and other wading birds as water levels recede. 8. A copy of the required annual monitoring report (as provided for in the Collier County Code of Ordinances, Chapter 22, Section 22 -113) must be sent to the Director of the Division of Natural Resources, Lee County, FL. The monitoring report shall include the following information and an analysis of impacts caused by the mine operation on surrounding properties in Lee County: a) Surface water and groundwater levels monitored throughout mine construction. b) Surface water and groundwater quality monitored throughout mine construction for potential chemical hazards which may influence the existing conditions. c) Baseline preconstruction conditions established for both sub sections a) (water levels) and b) (water quality). If the analysis shows adverse impacts to surrounding properties in Lee County, the report shall identify contingency plans for dealing with adverse impacts and a list of remedial actions to be taken to eliminate the adverse impacts. S: I FYRITERSIBLOCK,4 HILOST GROVE AIIAIEL?vfEh40 TO K,4 Y DESELEAI DOCX 9. a. Lighting of the mining operation may not exceed 0.8 footcandle as measured in footcandle on the task surface (for example the parking lot or area surface) with a light meter held parallel to the ground or other surface, facing up. b. In no case may the illumination exceed 0.2 footcandle measured at 10 feet from the property line onto adjacent property or roadway. 10. No mining is permitted within the primary panther habitat zone. 11. Buffers and other areas not part of the active mining operations, must be placed in a conservation easement prior to commencing mining operations. 12. Reclamation must commence at the time of closure of each mining cell. 13. As committed to by the applicant during the Environmental Advisory Council meeting, the following must be done: a. All access to the mining operation must be paved from the public road to the mining operations area. b. The property owner will be responsible for damage to structures and wells resulting from this mining operation. c. Additional meters for blasting are required. As maybe permitted by the nearby property owners, meters must be placed at each home located within 1,00b feet of the perimeter property line. 14. The use of a truck and tire wash system is mandatory for this project. The truck and tire wash must: a. Be installed on the property with a minimum setback of 150 feet from the perimeter boundary; b. Be located on a paved access connection; and c. Provide water quality treatment and recycling for the truck and tire wash water; and 15. Truck staging within limits of either public or private roads external to the perimeter boundary of the approved mine site is prohibited. The mine is required to provide adequate on -site stacking space to accommodate staging of mine trucks arriving at the site prior to the opening of the mine for active hauling operation. S. I WRITE RSIBLOCIGI1AL.OST GROVE AIINEMEA10 TO K4YDESELEAf.DOCY heAL LEE COUNTY SOUTHWEST FLORIDA BOARD OF COUNW COMMISSIONERS ldhn F- Manning DRGIC[ Ofle May 6, 2011 Brian Bigelow Dear" Fwa Mr. Fred W. Coyle, Chairman D..V T, . CollieT County Board of County Commissioners TaninVHaW 3299 Tamiarm Trail Bast, Suite 303 nrsma Few Naples, FL 34112 -5746 Funk 1'kmm A'-`""` F"'d RE: Lost Grove Mine Conditional Use 'Caron a Hawn (CU-PL -2009 -1412 and EXP- PI_- 2010 -1526) �OWMr Mpno �!r MOW Q Hwrt caurwAuorncr Dear Chairmran_.Ceyle � i� [ l C1 Deana M. Parker n Rearing r� Lee County would like too share our coneems with the Conditional Use appi!catiion for Cr Lost Grove Mme, which is now being reviewed by your staff. This is a very long -team commercial mine located adjacent to Lee County ON of SR 82 and Corkscrew Road Lee County is concerned that the proposed mine will result in negative impacts on: - nearby Lee County residents; the CREW property; groundwater and surface waters; and Lee County roadways due to a large volume of truck traffic (estimated at a maximum of 1,366 two -way trips every day) for over 20 years, which would conflict with the rural residents in this area and create safety concern. Because these impacts go beyond jurisdictional boundaries, we would offer our staff to work with your staff to address our concerns, which are detailed in the attached memorandum. Our staff will attend any public hearings, and will be available to provide comments on the record. We appreciate your thoughtful consideration of this matter. Since rank Mann. Chairman Lee County Board of County Commissioners cc: Lee County BOCC Districts 1, 2, 3, and 4. Karen Hawes, County Manager Michael Hurt. County Attorney Chip Block, Principal Planner PQ Box 396, fart Myers, Flanda 33942 -0398 (239) 533 -21 I l Internet address hrtpJMmw.lee -councy-con AN EQUAL OPPORTUNITY AFFIRMATIAACTION EMPLOYER MEMORANDUM FROA4 TItC. DEPARTMENT OF COMMUNITY DEVELOPMENT ZONING DIVISION To: Board of County Commissioners SUBJECT: Lost Grove Mine, Collier County DATE: March 31, 2011 FROM: Alvin BIock, Principal Planner On March 22, 2011, the Board of County Commissioners directed staff to prepare a position paper on the proposed .Lost Grove Mine in Collier County. The 1, 383 acre property is located immediately east of the Lee /Collier county line, north of Corkscrew Road and just south of S.R. 82. Staff has not had the opportunity to conduct a substantive review of the proposal, but our initial review indicates several issues that need to be further evaluated. The proposal is for a very large, long -term, construction materials mining operation. This mining operation will have significant negative impacts on the adjacent residential properties, the road and transportation network, and numerous natural resources. The attached position paper has been prepared to inform the Board about the impacts of this proposal. Collier County staff has advised that written communication without participation at the public hearings does not constitute substantial and competent evidence. As in our zoning process, if one does not participate in the public hearing process, the Collier County Board of County Commissioners will not accept comments or evidence at their hearing. Staff has identified the following options and is seeking Board direction: 1. Direct staff to conduct a formal substantive review of the proposal. 2. Direct staff to participate in the Collier County public hearing process. 3. Have staff draft a letter for the Chair's signature outlining the Board's concerns with the proposal. 4. Allow the proposal to trove through the public hearing process without Lee County participation. Staff recommends that the Board take a formal position on this application as currently proposed and pursue options 1, 2 and 3. cc: [Caren Hawes, County Manager Donna Marie Collins, Assistant County Attorney Mary Gibbs, Director, Department of Community Development S: ICOA•fPR�IiLNSlI >C1CH.iRLOTTE COUA�TS'1 LOST GRO I'E Ad1NE AaEA•f0 TO FiU.�RD.00C,Y COLLIER COUNTY LOST GROVE MINE CONDITIONAL USE PERMIT FOR AN AGGREGATE MINE Background The Lost Grove Mine is a proposed construction materials limerock mining operation on 1,382.7 acres. The property is located immediately east of the Lee /Collier county line, north of Corkscrew Road and south of S.R. 82 (see attached map). The subject property is currently a citrus grove with several wetland preserves. The proposal is to excavate up to a total of 740.9 acres to a depth that ranges from 45 feet to a maximum depth of 145 feet. The proposed operation includes: blasting (as regulated by the Division of State Fire Marshal); rock crushing; washing; and, the sorting of materials. The application does not propose ancillary uses such as asphalt batch plants or concrete manufacturing plants. The site immediately abuts Lee County to the east, adjoining the Wildcat Farms residential subdivision, identified as a Rural Residential Community by the Southeast Lee County DR/.GR study. This area of Lee County is designated as Density Reduction/Groundwater Resource and Wetlands on the Lee County Future Land Use Map of the Lee Plan. Lee County staff has not been able to determine from the application what the proposed length of the mining operation is anticipated to be, but the size of the property and excavation area itself n would indicate a long -term operation. The applicant has proposed the following hours of operation for the mine: Mining Operations 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. Lee County staff has identified the following issues: Residential Compatibility As previously stated, the subject property is located immediately east of the Rural Residential Community of Wildcat Farms. Currently, these properties area mixture of large lot single family homes and agricultural uses. Homes and agricultural buildings range from approximately 100 feet to 250 feet from the common property line. The proposed setback from the mining operation's property line is 50 feet. This will result in setbacks from the excavation to these structures of approximately 150 to 300 feet. The proposed mine includes a vegetative buffer composed of a 10 foot wide planted strip with 10 foot tall .trees at 30 feet on center. Except for a small 2 foot high bean required by the water management permit, no other shielding is being proposed or required. This setback and vegetative buffer will not adequately protect the property owners in Lee County from the blasting operations, as well as the dust, noise, and lighting. ScIC0i1AREliESlS1VE CCHARLO7TG COUAM (LOST GROVE AAATE AIEHO TO BOA RD. DOCY This residential conlinunity, as well as the additional residential communities located near and along Corkscrew Road, will experience increased truck traffic along Corkscrew Road. Increased traffic on S.R. 82 will also affect the residents of Lehigh Acres. There is also the potential for negative impacts to the ground and surface waters in the area which could negatively affect the residential wells of the nearby property owners. Environmental Corkscrew Regional Ecosystem Watershed (CREW) lands are located to the east and south of the subject property, across Corkscrew Road. Currently, the agricultural operation discharges into existing water retention areas (WRA's) which contain wetlands. These then drain to the agricultural ditches, which then flow under Corkscrew Road at two points. The surface water then flows east and south into the CREW lands. The proposed mining operation will maintain this drainage pattern. The proposed mining operation will maintain only a 50 foot setback from existing on -site wetlands. With a similar 50 foot setback from the perimeter property lines, there is the potential for impacts to the on -site and off -site wetlands in this area. Collier County staff reports that wetlands on the site were previously permitted and mitigated for under the existing water managementdistrict permit. Mitigation to offset these permitted wetland impacts was completed and 466 acres of upland hardwoods were preserved south of County Road 850 (Corkscrew Road). Staff reports that there are 232.6 acres of existing wetlands and none of the wetlands located within the existing WRA's are proposed for impacts. The subject property is identified as being in both the "Primary" and "Secondary" panther habitat zones. The operation of the mine in this location could disrupt the movement of panthers and increase mortality on the roads due to the increased truck traffic. The project is also located within the Wood Stork core foraging area and the impacts to the agricultural ditches will result in less foraging areas during the mine operation. Also, the reclamation plan does not include littoral shelves designed for optimum wood stork foraging areas. Transportation The Applicant's traffic study estimates removal of up to 5 million tons of material per year. This equates to 683 truckloads of material per day (Note; truck trips would be double this, equating to 1,366 daily truck trips). There are two proposed means of access to the mine, direct access to Corkscrew Road and a vehicular easement north to S.R. 82. The application indicates SR 82 is projected to receive 75% of the trucks (approximately 512 truck trips or 1,024 daily truck trips), while 25% is projected to use Corkscrew Road (approximately 171 truck trips or 342 daily truck trips). There is no assurance that the truck trips will actually follow these presumed percentage splits. This number can also vary daily depending upon the ultimate destination of the excavated materials. The application proposes no mitigation to the impacts of the truck traffic on roads within Lee County. There will be impacts to the rural residential communities due to the increase truck traffic related to the project. This large increase in truck trips will bring additional safety issues along both of these roadways. S.ICOAIPREHEA'SIVEICHi1RLOTTE COUATIILOSTGROVE. A41NCA&HO TO 8O11RD.DOC\ Natural Resources There is the potential for impacts to the natural resources by the proposed mining operation, but the application lacks sufficient information to determine those impacts. The surface waters from this site flow to Estero Bay, an Outstanding Florida Water, and the proposed use could adversely impact Estero Bay. The existing surface water drainage pattern for both on -site and off -site was not provided. Also not provided were groundwater levels, quality, and gradients which should be submitted for review. Also, local on -site and off -site groundwater gradients should be provided for evaluation to determine groundwater flow direction(s) of the surficial aquifer. Understanding the local groundwater gradient is important in evaluating potential mining impacts because the proposed mine lakes will likely "flatten" the existing groundwater gradient. In Lee County, the Wildcat Farms area is hydraulically connected to the project site and impacts camiot be fully determined. There is potential for intermixing of different aquifers if this mining operation is approved. Neighborhood Meeting and Public Hearings The applicant conducted a required neighborhood information meeting in Collier County. This informational meeting was not advertised to any adjoining Lee County resident because this is not required by the Collier County Code. The applicant filed a continuance of all hearings in order to hold a second. neighborhood meeting, this time with interested parties from Lee County, to hear and address their questions and concerns. As of the preparation of this paper, Lee County staff is not aware of any scheduled information meetings or of any scheduled public hearing on this proposal. Conclusion n According to Collier County Zoning & Land Development Review Department staff and the Collier County Attorney's office, written corrummication without participation at the public hearings does not constitute substantial and competent evidence. In order to be considered in the Conditional Use permitting process one must participate in the public hearings. As in our zoning process, if you do not participate at the hearing, the Collier County Board of County Commissioners will not accept comments or evidence at their hearing. hi order to protect the Lee County residents who will be affected by this proposal and to assure protection of the natural resources, staff recommends the Board take a formal position on this application and instruct staff to further evaluate this proposal and to participate in the public hearing process to communicate issues of concern. S. IC0A1PRE11ENS1VEICHARLOTTECOUNT )ILOSTOROVEA111V MEA10 TOB0,41MJOC,1 T ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF September 7th, 2011 I. NAME OF PETITIONERIPROJECT: Petition No: Conditional Use - CU- PL2009 -1412 Excavation Permit- EXP- PL2010 -1526 Petition Name: Lost Grove Mine Applicant /Developer: Alico Land Development,Inc. Engineering Consultant: WilsonMiller,Inc. Environmental Consultant: WilsonMiller Inc. Il. LOCATION: The subject property is located south of SR 82 and west of Corkscrew Road on 1,382.71± acres in Sections 5, 6, 7, 8 and 18, Township 46 South, Range 28 East, Collier County, Florida. Ill. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING North — AMHO RLSAO South - AMHO -RLSAO East - AMHO -RLSAO West - Agricultural zoning operations within Lee County DESCRIPTION Agricultural operations single - family homes and agricultural operations Agricultural Operations and Corkscrew Regional Ecosystem Watershed Single - family homes and agricultural Agenda Item VI. A EAC Meeting Page 2 of 10 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.1 and 10.08.00 of the Collier County Land Development Code (LDC) on approximately 1,382.711 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. 10-11 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, Agricultural /Rural 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 of these lands. The goal of the Rural Lands Stewardship Area Overlay is to: EAC Meeting n Page 3 of 10 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 Credit System for the subject property, therefore under RLSA Group I Policy 1.4, the property is subject to the Baseline Standards of RLSA Group 1 Policy 1.5, below. RLSA Group I 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 S 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. AGRICULTURALIRURAL DESIGNATION- -The following uses and densities are generally permitted under this Designation: i. 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. EAC Meeting Page 4 of 10 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: New developments shall be compatible with, and complementary to, the 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. Objective 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. EAC Meeting Page 5 of 10 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, common 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 Management 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. 11- 00128 -S) currently demonstrates that the onsite 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 n places on the reclamation plan. The excavation permit will not be issued by EAC Meeting Page 6 of 10 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. EAC Meeting Page 7of10 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 CFS/ 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 2023 acres remains as native vegetation on site according to the definition in the GMP and LDC. 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 1). 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 SFWMD 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. EAC Meeting Page 8 of 10 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 n 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 (Fells concolor cory) were observed on the project site, a total of 1233 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 americanus floridanus) 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). ^ T EAC Meeting Page 9 of 10 V11. RECOMMENDATIONS: Staff recommends approval of Conditional Use - CU -PL 2009 -1412 and Excavation Permit- EXP -PL 2010 -1526 with no conditions for approval. PREPARED BY: 'K MCKENNA, P, E. ENGINEERING REVIEW MANAGER . �6 az__. CHRIS D'ARCO ENVIRONMENTAL SPECIALIST z /161! t UK 1 F- 1 01 DATE Wr rf-sa,Em DATE PRINCIPAL PLANNER T PAC Meeting Page 10 of 10 REVIEWED BY: GLRALD KURTZ DATE SZ ORMWATER AND ENVIRONMENTAL PLANNING DEPARTMENT MANAGER LLIAM D. LO INZ, k .E. DATE DIRECTOR OF ENGINEERING, ENVIRONMENTAL, COMP12iEHENSIVE PLANNING AND ZONING STEVE WILLIAMS DATE ASSISTANT COUNTY ATTORNEY OI'I`ICE OI` THE COLLIER COUNTY ATTORNEY -- APPROVED BY: NICK CASAX-Ndtflo-K DATE DEPUTY ADMINISTRATOR- PLANNING AND REGULATION GROWTH MANAGEMENT DIVISION RESOLUTION NO. 1.1- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EXTRACTION OR EARTHMINING AND RELATED PROCESSING - AND PRODUCTION WITHIN A RURAL AGRICULTURAL ZONING DISTRICT WITH MOBILE HOME OVERLAY AND RURAL LAND STEWARDSHIP AREA (RLSA) OVERLAY PURSUANT TO SUBSECTION 2.03.01.A.1.c.1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A PROJECT TO BE KNOWN AS LOST GROVE MINE LOCATED IN SECTIONS 5,61) 7,8 AND 18, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use for extraction or earthmining and related processing and production within a Rural Agricultural Zoning District with a Mobile Home Overlay and a Rural Land Stewardship Area (RLSA) Overlay pursuant to Subsection 2.03.0 LA. l.c.1 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. C. tl- PL2009 -1412 Rev. 10125111 1 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU- PL2009 -1412 filed by R. Bruce Anderson, Esq. of Roetzel & Andress, LPA and Margaret Perry, AICP of WilsonMiller, Inc., representing Alico Land Development, Inc. with respect to the property hereinafter described in Exhibit "A ", be and the same is hereby approved for a Conditional Use for extraction or earthmining and related processing and production within a Rural Agricultural Zoning District with Rural Land Stewardship Area (RLSA) and Mobile Home Overlays pursuant to Subsection 2.03.01 .A.l.c.1 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in Exhibit "C ". Exhibits "A ", "B" and "C" are attached hereto and incorporated herein by reference. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second, and super - majority vote, this day of 2011. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams slt�%30\14I Lk Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C - Conditions 09- CPS - 00989/48 CU- Pf,2009 -1412 Rev. 10/25/11 2 of 2 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA LI-A FRED W. COYLE, Chairman U Kri/sdnMiller° NEW DIRECTIONS iN PLANNING, ibESIGN & ENGINEERING. SINCE 1956. Legal Description Being a part of Sections 5, 6, 7, 8 & 18, Township 46 South, Range 28 East Collier County, Florida. Being a part of Sections 5, 6, 7, 8 & 18, Township 46 South, Range 28 East, Collier County, Florida, being more particularly described as follows; BEGINNING at the Southwest corner of Section 6, Township 46 South, Range 28 East, Collier County, Florida; Thence along the West fine of said Section 6, North 00 °46'51" West 2,221.71 feet; Thence continuing along said section line North 00 04442" West 1,293,17 feet; Thence leaving said section line and along the South line of a 250' Florida Power and Light Company Easement South 75 °07'05" East 7,705.77 feet; Thence South 01 009'54" East 3,803.58 feet to a point on the North Right -of -Way of Corkscrew Road (SR -850); Thence along said north Right -of -Way line for the following-6 (six) described courses; 1) 74.81 feet along the arc of a non - tangential circular curve concave southeast having a radius of 2,914.79 feet through a central angle of 01 °28'14" and being subtended by a chord which bears South 47 °5850" West 74.81 feet; 2) South 47 014'43" West 5,801.63 feet; 3) South 49 °36'37" West 484.31 feet; 4) South 47 014'36" West 1,526.83 feet; 5) 668.36 feet along the ar4c of a circular curve concave north having a radius of 904.93 feet through a central angle of 42 °119'02" and being subtended by a chord which bears South 68 °24'07" West 653.27 feet; 6) South 89 °33'38" West 996.43 feet to a point on the West line of Section 18, Township 46 South, Range 28 East, Collier County, Florida; Thence leaving said Corkscrew Road Right -of -Way and continuing along said section line North 00'39'12" West 2,573.01 feet to the Southwest corner of Section 7, Township 46 South, Range 28 East, Collier County, Florida; Thence continuing along the West line of said Section 7 for the following 3 (three) described courses 1) North 00'25'29" West 2,638.43 feet; 2) North 0002243" West 1,294.80 feet; 3) North 00 °27'35" West 1,348.41 feet to the POINT OF BEGINNING. Containing 1,382.71 acres, more or less. Subject to easements and restrictions of record. Hearings are based on the West line of Section 6, Collier County, Florida, being North 00 °46'51" West. WilsonMilier, Inc. Registered Engineers and Land Surveyors Township 46 South, Range 28 East, BY: - -111110anzie, #1 Date: Ma 1� 7� 2010 Michael H. Maxwell, Professional Surveyor and Mapper #LS4E50 Ref. 41-11-238 Not valid unless embossed with the Professional's seal. Revised typo — 1.0 21-09 LTM Corporate Office 3200 Bailey Lane Suite 200 Naples, Florida 34105 W11000i- 21406-Mw 1 •NV0000VM P5712- 300.02 - • 0 800.649,4336 239.649.4040 F 239,643,5716 Exhibit A MsonMlller.com -- -2 - - - COUNTY C0LUER � COUN77 NATIVE VEO:•T / RESERVE WRA •.N ._ - .. ; . .. ,. i�w! sa6..R.•w�o.ao- ca.[s•+ne.n,i..: _ _ 7 1 LAND USE SUV44ARY fQATIYE—VEO. -...: o�LC•:.wc"'i °�".. , .....,._......�.,,, ;�.,; .,,,. v. , - .. ..- ,.... "-... ., ,.. 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I xND LoCATyONf N7E xa+a0xwae mnr aa.•r ..r R .v[o scum I1ON�I IC[ A —MHO ` •.�• ••�• Q1pf� ALICO LAND ,,,, m>E DEVELOPMENT, INC. CONDITIONAL USE CONCEPTUAL !^:... SITE PLAN .. LOST GROVE MWE m +z�ao -ara t z Exhibit 6 Wage 1 of 2 ovwro a .� nx. -e•s�K e.... K.,.:v.IM. lxnw %w �, �wmww na. ,rw..waw.., f n�A �oA; bngWie v uswe .N.e wamw nn.,.W f (a xeen' :ra..; . mt.a,<.ae. - aty„rs or .Wm on,0 r IX.n1n<n � CAF,, r+.:0' IR uw.o.Yrt (AOIOQ run NuNC WO:) � - �y�nuo: n � ^+✓1 �. -. ryDLV�4ol J .on.oa°'..u�.oar'�° w�< > �� PRINTED moo~ r NOV o 5 gala s.) s R..n unrn vvw V4 a,ut t.a Aroiewn MnW. M sxnwC :Aaepais nVC <uvUe -� /', ''' •:'. nVnK Lv< pstoul Kao/wrt<a Mnti fAni¢n, n,< 1n sauwR[S f�e.we[ t I i � Iwu u'ametx TiVUn ' �AIS%.Tt�,' --•, r rw K (K- CP1R4.W)I. tA] A KC:yYtW.ui (M a -v. aon -4bae. uxnJ ,.:':' : ;;:��•.: . ®SECTION A —A Wii'sonMiller, Inc. rs lam �s*n�gw vsuc m,tt RU rgvx(LisV<SrtG1 KLaon[o IT= n P'spaw96Gnw�w? TS V�xt.� N•�q �A �, .va Wn wc_n n�sTa,�o. _. , e - �- : L V 1•� N. r.P' C Ai a< iwvrsi LeIR.A - - \ -.aPVw s•mK. tx.0. . -. •`�� =MT- . ca+•vc ux. f^rl _ t:..'� ms'.c uwn nM ASECTION B —B mmSECTkON 0 —D Rte. n,� c�R�nc u,w f .. w.a .R..an. ry w,mxa aov +r 0°uac 7 .:'•:�.. c fa`wx�uwmw wwn . YIJf3(Nffl'HUC! CONDMONAL USE CONCEPTUAL -4Y sae ...�...,.•l...r,.�. -wy� DEYF(APMENi, INC. CROSS — SECTIONS yT — LOST GROVE MINE Exhibit 6 Page 2 of 2 Conditions of Approval Lost Grove Mine CU- PL2009 -1412 The developer /owner shall provide the following setbacks and buffers: Western Boundary. A 300 foot setback from the western property boundary with a Type "A" buffer (which is a 10 foot wide landscape buffer with canopy trees spaced no more than 30 feet on center.) The buffer would be enhanced to be a minimum of 70 feet wide and include an 8 foot high berm and a single row hedge. (See attached Exhibit "2 -B" West Property Boundary) sketch and cross - sections). Corkscrew Road Boundary: A 300 foot setback from Corkscrew Road with a Type "D" buffer (which is a 15 foot wide landscape buffer with canopy trees spaced no more than 30 feet on center and a double row hedge). The buffer would be enhanced to be a minimum of 70 feet wide and include an 8 foot high berm. (See attached "Exhibit "2 -A" Corkscrew sketch and cross - section.) 2. As committed to during the Lee County Neighborhood Information Meeting as part of the applicant's power point presentation, the following are conditions of the proposed mining operation: • Not more than 741 acres of the 1,383 acres of land may be excavated. • Hours of operation shall be limited to 6:00 am to 6:00 pm Monday thru Saturday. Rock crushing operations shall be limited to 7:00 am to 6:00 pm, Monday through Saturday, Blasting activities shall be limited to 9:00 am to 5:00 pm, Monday through Friday. ^ • The majority of excavated material must be transported by conveyer to the Mine Operations Center. • The material used for blasting operations shall be limited to ammonium nitrate and mineral oil or such method as may be approved by State Fire Marshall and Department of Environmental Protection. • Excavation operations must commence in the northeastern portion of Lake #1 moving in successive cuts from the north to the south. + A wheel wash facility must be installed and operated for all exiting truck traffic hauling material from the site. • The mine is limited to an average 700 trucks per day. • Dewatering is limited solely to the removal of the overburden and various utility installations. Mining will occur to a depth of one foot above the confining unit, not to exceed 145 feet. The developer /owner must provide to Collier County an applicable evaluation from the US Fish and Wildlife Service on the impact of the project on the Florida panther and wood storks. Any resulting species - related requirements that are project commitments resulting from direct consultation with US Fish and Wildlife Service must also be submitted and incorporated as conditions of the site plan approval. Revised 10/26/11 EXHIBIT C Page 1 of Conditions of Approval Lost Grove Mine CU- PL2009 -1412 5. Lighting shall be provided in compliance with the Collier County regulations in effect at the time, except that light fixtures shall not exceed 20 feet in height. Reclamation must commence at the time of closure of each mining lake. 2. As committed to by the applicant during the Environmental Advisory Council meeting, the following shall be adhered to: • All access to the mining operations (aggregate rock plant, mine equipment maintenance area, administration area, scales and wheel wash area) must be paved from the public road up to the perimeter of the mining operations area. • The property owner shall be responsible for damage to structures and wells resulting from this mining operation in compliance with the following criteria: Blasting complaints /claims shall be processed per the requirements of Chapter 552.32.F.S. Claims determined for structures or wells to be resulting from blasting will be the responsibility of the permit holder(s). A pre - blasting survey shall be taken for all home owners who abut the 1,383 acres in which the 741 acre mine will be located and who grant access to their houses. One copy of the pre- existing survey will be given to the homeowners and another copy shall be filed with the Collier County Engineering Services Department Director. Prior to blasting, the property owner or mine operator shall assist in the formation of a committee '~ comprised of homeowners abutting the subject property that will work together to select a qualified engineer(s) who will investigate blasting damage complaints. The engineer(s) or engineering firm(s) should be unbiased toward all parties. • Ground vibration from blasting shall be measured in accordance to Chapter 69A- 2.024 Florida Administrative Code. During each blast a seismograph machine shall be placed in three locations along the western boundary. 8. The use of a wheel wash system is mandatory for this project. The wheel wash must be: a. Be installed with a minimum setback of 150 feet from the perimeter boundary; b. Be located on a paved access connection; and c. Provide water quality treatment and recycling for the wheel wash water; and 9. Truck staging within limits of either public or private roads external to the perimeter boundary of the approved mine site is prohibited. The mine is required to provide adequate on -site stacking space to accommodate staging of mine trucks arriving at the site prior to the opening of the mine for active hauling operation. 10. In lieu of, and in full satisfaction of, all proportionate share payment and mitigation requirements for all off -site roadway improvements, the Owner, his assigns or successor in title, agrees to provide 67.0 AC -FT of surface water management for the portion of SR- 82 adjacent the limits of the `Alico property' boundary line within Collier County. Surface water management will either be provided within the limits of the `Alico property' boundary line, or sufficient acreage will be deeded to Collier County in support of water Revised 10/26/11 EXHIBIT C Page 2 of 4 Conditions of Approval Lost Grove Mine CU- PL2OO9 -1412 management along SR -82 right -of -way within 180 days of the County (or FDOT's) request and at no cost to the Public. The election of either of the two options outlined above is at the sole discretion of the responsible project owner during the time of final design by FDOT. 11. Compensating right -of -way for the proposed turn lanes (equal to a 12 -foot wide acceleration or deceleration lane, as applicable) will be provided by the Owner, his assigns or successor in title (at no cost to the Public) for both Corkscrew Road and SR -82 at the time of SDP permitting. Dedicated easements will be provided, or fee simple title may be conveyed and may be conveyed at a later date, at the discretion of Owner, his assigns or successor in title and within 180 days of the County (or FDOT's) request. 12. The Owner, his assigns or successor in title, [upon commencement of hauling] agrees to apply a $1.00 surcharge to each loaded heavy vehicle leaving the site. The funds collected shall be forwarded quarterly to Collier County, by way of the PUD Monitoring department staff. This fee may be adjusted in correlation to the Consumer Price Index [CPI] effective one year after the commencement of hauling operations, but shall not be less than $1.00 per loaded truck before adjusting for inflation. The fee may be adjusted if a uniform fee for mining is adopted by the County. Initiation of adjustments to the $1.00 /loaded truck fee may be approached by either the County, or the Owner, upon reaching the effective date. However, this condition shall not be construed as a compelling obligation forcing the County to take action to initiate the fee adjustment; or to accept a modified fee n structure. County's participation in adjustment of the fee structure (by establishment of a uniform fee, or by CPI -based adjustment) shall be at the County's sole discretion. 13. Collier County agrees to the following statements as a part of the Conditional approval: A. A $1.00 surcharge will be used as a base level while (if) the County explores a uniform fee that can be put on the other mines and/or haulers that would also reflect the cost of doing business. In no event, however, will owner's surcharge be below $1.00 per truck, before adjusting for inflation, and in the event of a uniform fee for all other mines and/or haulers the owner's surcharge shall be credited against the uniform fee. B. By agreeing to accommodate storm water management for SR -82 (only where it abuts the Alico property boundary), the Owner shall not be responsible for proportionate share for any off -site roadway improvements. C. The Transportation conditions and acknowledgements stated above shall not require site - related inspections by the County inspection staff. 14. The mining operation shall be limited to that which is depicted on the Conditional Use Conceptual Site Plan and the Conditional Use Conceptual Cross - Sections, for the project entitled, Lost Grove Mine," prepared for Alico Land Development Inc, by WilsonMiller, last revised November 5, 2010. Revised 10/26/11 EXHIBIT C Page 3 of Conditions of Approval Lost Grove Mine CU- PL2009 -1412 15. The site plan noted is conceptual in nature for Conditional Use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. 16. The Department of Zoning and Land Development Review Director or its successor or designee may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 17. Expansion of uses identified and approved within this Conditional Use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and said new conditional use approval shall comply with all applicable County regulations in effect at the time of submittal. Revised 10/26/11 EXHIBIT C Page 4 of THE MASTER MOBILITY PLAN DVD IS ON FILE IN THE BOARD'S MINUTES &RECORDS DEPARTMENT iv 13 i !y pti ry 'p ty •� t� iz, ii is, :b , o' k �� 0,0--` o J�Pp aey