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Agenda 11/15/2016 Item #16A33 16.A.33 11/15/2016 EXECUTIVE SUMMARY Recommendation to acknowledge and conditionally approve the conditions of support as outlined in the November 3, 2016 correspondence between Collier County and the Florida Forestry Service (FFS)for FFS support of the Restore Comprehensive Watershed Improvement Conceptual Plan. OBJECTIVE: To acknowledge and conditionally approve the conditions of support between the FFS and Collier County with respect to the Restore Comprehensive Watershed Conceptual Plan. FFS support is required by the Florida Department of Environmental Protection (FDEP) prior to submittal to the Restore Council(Component 2)for funding. CONSIDERATIONS: On September 27, 2016, the Board of County Commissioners (Board) approved the 2016 Collier County Restore Comprehensive Watershed Improvement Conceptual Plan and provided concurrence to proceed with funding applications, design, permitting and modeling to reduce freshwater flows to Naples Bay, rehydrate approximately 10,000 acres of the Picayune Strand State Forest, restore historic freshwater flows to Rookery Bay National Estuarine Research Reserve (Rookery Bay) and improve water quality throughout the entire watershed. FDEP is the State's representative on the Restore Council and charged with review, concurrence and submittal of all funding applications. FDEP requires concurrence from all regulatory agencies and state partners before applications are submitted to the Restore Council for funding. Collier County has already obtained support letters from the Audubon of the Western Everglades/Audubon Florida; the Big Cypress Basin/SFWMD; the City of Naples; the Conservancy of Southwest Florida; the Florida Fish and Wildlife Conservation Commission(FWC); the Fish and Wildlife Service; the Florida Wildlife Federation and the Collier County Watershed Technical Advisory Committee. Additionally, Rookery Bay National Estuarine Research Reserve has agreed to co-sponsor this program. The FFS has also agreed to provide support and approval of our conceptual plan with the conditions outlined in the November 3, 2016 letter from Jim Karels, Director of the FFS. Staff is recommending approval of these conditions subject to the limitations of the future permit and future Board approvals. These commitments demonstrate that Collier County is willing to work in partnership with the FFS to fund,permit,design and construct this project. GROWTH MANAGEMENT IMPACT: The Comprehensive Watershed Improvement Plan is in accordance with the goals, objectives, and policies of all applicable sections of the Stormwater Management and the Conservation and Coastal Management elements of the Growth Management Plan. FISCAL IMPACT: Collier County is projected to receive approximately$12.7M under the Restore Act Spill Impact Component (Component 3) and approximately $6M under the Restore Act Direct Component (Component 1). The balance of the funds needed or approximately $14M will be solicited from FDEP and the Restore Council(Component 2). LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality,and requires majority vote for approval. -JAK RECOMMENDATION: To acknowledge and conditionally approve the conditions of support subject to permit limitations and future Board approval as outlined in the November 3, 2016 correspondence between Collier County and the Florida Forestry Service (FFS) for FFS support of the Restore Comprehensive Watershed Improvement Conceptual Plan. Packet Pg 658 16.A.33 11/15/2016 Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division, Growth Management Department ATTACHMENT(S) 1. 11-3-16 Fl Forestry Service Letter of Support (PDF) Packet Pg 659 16.A.33 11/15/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.33 Item Summary: Recommendation to acknowledge and conditionally approve the conditions of support as outlined in the November 3, 2016 correspondence between Collier County and the Florida Forestry Service (FFS) for FFS support of the Restore Comprehensive Watershed Improvement Conceptual Plan. Meeting Date: 11/15/2016 Prepared by: Title: Accountant—Capital Project Planning, Impact Fees, and Program Management Name: Gail Hambright 11/01/2016 3:46 PM Submitted by: Title: Division Director-IF, CPP&PM—Capital Project Planning, Impact Fees,and Program Management Name: Amy Patterson 11/01/2016 3:46 PM Approved By: Review: Capital Project Planning,Impact Fees,and Program Management Amy Patterson Additional Reviewer Completed Growth Management Department Judy Puig Level 1 Division Reviewer Completed 11/01/2016 4:47 PM Capital Project Planning,Impact Fees,and Program Management Tara Castillo Additional Reviewer Completed Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/02/2016 9:43 AM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 11/03/2016 10:59 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/03/2016 11:31 AM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/04/2016 10:17 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/07/2016 11:32 AM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/09/2016 12:39 PM Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM C Packet Pg.660 <a }o suolllpuoa ea'A.Ias A4S0.10d epl.IokJ : ZO£Z) poddns to aal}a1 aoiAaas&14SOJ J IA 91,-C-1,1, :luaanioeily M r> ;;! co Q• FLORIDA FOREST SERVICE +t'�� sac %' THE CONNER BUILDING (850)681-5800 a 11 ✓ - 3125 CONNER BOULEVARD d • ?1 \\ _, TALLAHASSEE,FLORIDA 32399-1650 Y vs FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER ADAM H. PUTNAM November 3,2016 Gary McAlpin Collier County Coastal Zone Management 2800 North Horseshoe Drive Naples, Florida 34104 Dear Mr. McAlpin: Thank you and your staff for taking the time to meet with us on October 13, 2016,to discuss working relationships,mutual commitments and support between Collier County and the Florida Forest Service (FFS)relative to conceptual approval and support of the Collier County Restore Comprehensive Watershed Improvement Project and the Picayune Strand State Forest. We are providing our support and approval of the conceptual plan with the following changes (highlighted)as indicated below: 0 I. Forest access via Sabal Palm Road,road improvements and maintenance requirements--Collier County supports our residents and FFS needs for adequate access to the Picayune Stand State Forest for recreational,forest management,medical emergencies, law enforcement and fire related activities through Sabal Palm and the Triple G Loop Roads. To accomplish this,Collier County proposes that the County, FFS and the USFWS jointly develop a mutually agreeable road plan for Sabal Palm Road during the design and permitting phase of this project. If a road improvement plan can be jointly reached,then Collier County will fund these improvements as part of our Restore project. If however,road improvement cannot be agreed upon,then Collier County will install sufficient culverts under the existing road to assure no additional loss of access as a result of any increased flows from our project.Additionally,Collier County will enter into an agreement with FFS to codify maintenance activities that the County will perform once the final road improvement plan is resolved. As we also discussed in our meeting, it is very important to clearly identify,address and differentiate project impacts from impacts above and beyond our control,such as hurricanes, flooding or Acts of God when addressing forest accessibility.This differentiation must be clearly conveyed to the general public,residential land owners within the forest and all other related stake holders that the county and FFS are committed to identify and address project impacts from rehydration efforts but cannot be held responsible for events outside of our control. oyW 1-800-HELPFLA at. www.FreshFromFlorida.com �o suoltlpuoo aolnaas klisaioj eplaold : ZO£Z) 4ioddng Jo aaua1 aolnaes A.a}saao j :t.uaueyoe;;y M to th Mr. Gary McAlpin November 3, 2016 Page Two a 2. Project monitoring and startup protocol *One of the critical functions that Collier County has built into this project is the use of adaptive management. During the design and permitting phase of this project,the monitoring scope and the startup protocol will be specified and documented and integrated into the permits from the USACE, FDEP and the USFWS. As an active team member, FFS will participate in the development and approval of these permit conditions. Once the permits are issued with the agreed-to requirements, Collier County will be committed to perform pursuant to that scope. 3. US 41 drainage and flowway design—During the design and permitting phase of this project, water flows along US 41 will be modeled and designed to assure proper drainage and flow design. Fiddlers Creek, Six L's and Rookery Bay will be included in the model and design. As a project team member, FFS will participate in the design review and development of the scope of work for the project.This scope will be codified in the permit conditions. 4. Water quality testing— Water quality testing and criteria will be an FDEP permit requirement that will be addressed during the design and permitting phase of this project.All water quality concerns and issues identified during the testing will be strictly adhered to by Collier County during the design, construction and monitoring phases of the project. 5. Hiking trails and non-native invasive plants—Collier County agrees to relocate the Sabal Palm Hiking Trail to a suitable location in the event that the project has a negative impact on the functionally of this trail. Collier County also agrees to fund non-native, invasive species treatments and monitoring within the physical construction footprint as outlined in the permit conditions. The treatment and monitoring is usually for a period of five(5) years. Collier County and FFS will mutually agree on the parameters of the physical construction footprint. In no case will Collier County be held to any perpetuity agreement. 6. FFS project involvement and review—As an active team member during the design, permitting and modeling phase of the project, FFS will participate in project reviews and discussions. Collier County's intention is to reach closure with our project team members and have critical design decisions resolved in project team discussions and reviews. FFS will have plenty of opportunity to participate in a team design environment and will be able to unilaterally veto designs or consensus team decisions, ifiwhen any part of the design or consensus team decisions become incompatible or inconsistent with the Management Plan for the Forest. 7. Public involvement and participation—Both Collier County and FFS strongly agree that the review and involvement of the public will be critical to the success of this project.To that extent,Collier County will hold regularly scheduled public review meeting during the design and permitting phase of this project.To emphasize our commitment to public participation in the development of this project, in addition to the workshop meeting that Collier County held with FFS and the individual stakeholder meetings,Collier County also held at least six(6) meeting of the Golden Gate ca Jo suol}ipuoo aolnaas iGtsaJod epuoll : zo£Z) poddns Jo ia491 eolnuas Aliso-10,d IA 94-£-44 :4uewtaoet}y M ri co M a> Q' ch Mr.Gary McAlpin a. 4... November 3, 2016 Page Three ti Watershed Improvement Technical Advisory Committee where public participation was noticed, solicited and encouraged.These meeting minutes will be sent under a separate cover. We believe as we discussed in the meeting that these commitments will demonstrate Collier County's willingness to work in partnership with FFS to fund, permit,design and construct this project. Sincerel , 0 Jim Karels, State Forester Florida Forest Service JRK/bcjv cc: Mike Joyner, Chief of Staff, Florida Department of Agriculture and Consumer Services Jeff Vowell, Assistant Director—Florida Forest Service Mike Weston,Center Manager—Florida Forest Service Brian Camposano, Ecologist—Florida Forest Service 100 Heather Ferrand, Resource Administrator—Florida Forest Service