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Agenda 07/24/2012 Item #16F47/24/2012 Item 16.F.4. EXECUTIVE SUMMARY Recommendation to authorize Kyle Lukasz, Operations Manager Pelican Bay Services Division, to execute an Army Corps of Engineers Permit Application to perform berm maintenance within the Pelican Bay Water Management System. OBJECTIVE: That the Board of County Commissioners authorize the Pelican Bay Services Division to execute an Army Corps of Engineers permit application to perform berm maintenance within the Pelican Bay Water Management System. CONSIDERATIONS: Restoration is planned for an existing 4,450 linear foot berm and swale located along the westerly edge of the Pelican Bay water management system. Plans and specifications for the proposed restoration were provided to the Army Corps of Engineers and after their review they have determined that an Army Corps of Engineers Nationwide Permit Number 3 is required. A copy of the permit application as prepared is attached for review and staff requests the Board of County Commissioners authorize Kyle Lukasz, Operations Manager Pelican Bay Services, to execute the application. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient, and requires majority support for approval. -JAK RECOMMENDATION: That the Board of County Commissioners authorize Kyle Lukasz, Operations Manager Pelican Bay Services, to execute the Army Corps of Engineers permit to perform berm maintenance within the Pelican Bay Water Management System. Prepared by: Kyle Lukasz, Operations Manager, Pelican Bay Services Division Reviewed by: Neil Dorrill, Administrator Packet Page -3098- 7/24/2012 Item 16.F.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.F.4. Item Summary: Recommendation to authorize Kyle Lukasz, Operations Manager Pelican Bay Services Division, to execute an Army Corps of Engineers Permit Application to perform berm maintenance within the Pelican Bay Water Management System. Meeting Date: 7/24/2012 Prepared By Name: McCaughtryMary Title: Operations Analyst, Pelican Bay Services 7/9/2012 11:26:13 AM Approved By Name: KlatzkowJeff Title: County Attorney Date: 7/9/2012 3:07:11 PM Name: KlatzkowJeff Title: County Attorney Date: 7/9/2012 3:29:08 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Ofce of Management & B Date: 7/9/2012 4:27:13 PM Name: PriceLen Title: Administrator, Administrative Services Date: 7/16/2012 11:58:44 AM Packet Page -3099- 7/24/2012 Item 16. F.4. FORM #: 62- 343.900(1) FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: October 3, 1995 SECTION A FOR AGENCY USE ONLY ACOE Application # DEP/WMD Application # Date Application Received ! Date Application Received Proposed Project Lat. Fee Received $ Proposed Project Long. Fee Receipt # PART 1: Are any of the activities described in this application proposed to occur in, on, or over wetlands or other surface waters? 0 yes E] no Is this application being filed by or on behalf of a government entity or drainage district? Eyes ❑no A. Type of Environmental Resource Permit Requested (check at least one). See Attachment 2 for thresholds and descriptions. ❑ Noticed General - include information requested in Section B. ❑ Standard General (Single Family Dwelling) - include information requested in Sections C and D. ❑ Standard General (all other Standard General projects) - include information requested in Sections C and E. ❑ Individual (Single Family Dwelling) - include information requested in Sections C and D. ❑ Individual (all other Individual projects) - include information requested in Sections C and E. ❑ Conceptual - include information requested in Sections C and E. ❑ Mitigation Bank Permit (construction) - include information requested in Sections C and F. (If the proposed mitigation bank involves the construction of a surface water management system requiring another permit defined above, check the appropriate box and submit the information requested by the applicable section.) ❑ Mitigation Bank (conceptual) - include information requested in Sections C and F. B. Type of activity for which you are applying (check at least one) ❑ Construction or operation of a new system, other than a solid waste facility, including dredging or filling in, on or over wetlands and other surface waters. ❑ Construction, expansion or modification of a solid waste facility. ❑ Alteration or operation of an existing system which was not previously permitted by a WMD or DEP. ❑✓ Modification of a system previously permitted by a WMD or DEP. Provide previous permit numbers: 11- 000 -65 -S ❑ Alteration of a system ❑ Extension of permit duration ❑ Abandonment of a system ❑ Construction of additional phases of a ❑ Removal of a system system C. Are you requesting authorization to use Sovereign Submerged Lands? ❑yes ❑ no (See Section G and Attachment 5 for more information before answering this question.) D. For activities in, on,or over wetlands or other surface waters, check type of federal dredge and fill permit requested: ❑Individual ❑Programmatic General ❑General ■❑Nationwide ❑Not Applicable E. Are you claiming to qualify for an exemption? ❑yes Qno If yes, provide rule number if known. 2 Packet Page -3100- 7/24/2012 Item 161.4 FORM #: 62- 343.900(1) FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: October 3, 1995 PART 3: B. ENTITY TO RECEIVE PERMIT (IF OTHER THAN A. OWNERS OF LAND OWNER) Name Pelican Bay Foundation Name Kyle Lucasz Title and Company Jim Hoppensteadt, Pres. Title and Company Pelican Bay Op. Manager, Board of Collier County Commissioners Address 6251 Pelican Bay Blvd. Address 801 Laurel Oak Dr., Suite 605 City, State, Zip Naples, FL 34108 City, State, Zip Naples, FL 34108 Telephone and Fax 239- 597 -8081 Telephone and Fax 239/597- 2265/239- 597 -5400 C. AGENT AUTHORIZED TO SECURE PERMIT D. CONSULTANT IF DIFFERENT FROM AGENT Name Name Stuart Miller Title and Company Title and Company Project Manager, Stantec Address Address 3200 Bailey Lane, Suite 200 City, State, Zip City, State, Zip Naples, FL 34105 Telephone and Fax Telephone and Fax 239- 649 -4040 PART 4: (Please provide metric equivalent for federally funded projects): A. Name of Project, including phase if applicable: P, B"a. -MN ^w B. Is this application for part of a multi -phase project? []yes ❑■ no C. Total applicant -owned area contiguous to the project? 0 ac.; ha. D. Total area served by the system: NSA ac.; ha. E. Impervious area for which a permit is sought: No change ac.; ha. F. Volume of water that the system is capable of impounding: No change ac. ft.; m G. What is the total area of work in, on, or over wetlands or other surface waters? 0.5 ac.; ha. sq. ft.; sq. m. H. Total volume of material to be dredged: 1101 ° s'— yd; m I. Number of new boat slips proposed: NSA wet slips; NSA dry slips Packet Page -3101- 7/24/2012 Item 161.4. FORM #:62 - 343.900(1) /M#, FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: October 3, 1995 PART 5: Project location (use additional sheets if needed): County(ies) Collier Section(s) 9 Township 49S Range 25E Section(s) Township Range Section(s) Township Range Land Grant name, if applicable: Tax Parcel Identification Number: 66278364004 Street AddressRoador other location: 6251 � ^B.Ye "°. I City, Zip Code, if applicable: 34108 PART 6: Describe in general terms the proposed project, system, or activity. Maintenance of emstng Beam to Reduce Erosion. Apphcabon # is 4 Packet Page -3102- 7/24/2012 Item 165.4. FORM #: 62- 343.900(1) FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: October 3. 1995 PART 7: A. If there have been any pre- application meetings, including on -site meetings, with regulatory staff, please list the date(s), location(s), and names of key staff and project representatives. SWe Naglea Ka"P B. Please identify by number any MSSW/Wetland Resource /ERP /ACOE Permits pending, issued or denied for projects at the location, and any related enforcement actions. Agency Date No. \Type of Action Taken Application C. Note: The following information is required for projects proposed to occur in, on or over wetlands that need a federal dredge and fill permit or an authorization to use state owned submerged lands. Please provide the names, addresses and zip codes of property owners whose property directly adjoins the project (excluding application) and/or (for proprietary authorizations) is located within a 500 ft. radius of the applicant's land. Please attach a plan view showing the owner's names and adjoining property lines. Attach additional sheets if necessary. 1. 2. 4. 6. 8. Packet Page -3103- PART 8: 7/24/2012 Item 16.F.4. FORM #: 62- 343.900(1) FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION , DATE: October 3, 1995 A. By signing this application form, I am applying, or I am applying on behalf of the applicant, for the permit and any proprietary authorizations identified above, according to the supporting data and other incidental information filed with this application. I am familiar with the information contained in this application and represent that such information is true, complete and accurate. I understand this is an application and not a permit, and that work prior to approval is a violation. I understand that this application and any permit issued or proprietary authorization issued pursuant thereto, does not relive me of any obligation for obtaining any other required federal, state, water management district or local permit prior to commencement of construction. I agree, or I agree on behalf of the applicant, to operate and maintain the permitted system unless the permitting agency authorizes transfer of the permit to a responsible operation entity. I understand that knowingly making any false statement or representation in this application is a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001. Kyle Lukasz Typed/Printed Name of Applicant (If no Agent is used) or Agent (If one is so authorized below) Signature of Applicant/Agent Date Pelican Bay Op. Manager /BCC (Corporate Title if applicable) AN AGENT MAY SIGN ABOVE ONLY IF THE APPLICANT COMPLETES THE FOLLOWING: B. I hereby designate and authorize the agent listed above to act on my behalf, or on behalf of my corporation, as the agent in the processing of this application for the permit and/or proprietary authorization indicated above; and to furnish, on request, supplemental information in support of the application. In addition, I authorize the above - listed agent to bind me, or my corporation, to perform any requirements which may be necessary to procure the permit or authorization indicated above. I understand that knowingly making any false statement or representation in this application is a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001. Typed/Printed Name of Applicant (Corporate Title if applicable) Signature of Applicant i Date Please note: The applicant's original signature (not a copy) is reouired above. PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COMPLETE THE FOLLOWING: C. I either own the property described in this application or I have legal authority to allow access to the property, and I consent, after receiving prior notification, to any site visit on the property by agents or personnel from the Department of Environmental Protection, the Water Management District and the U.S. Army Corps of Engineers necessary for the review and inspection of the proposed project specified in this application. I authorize these agents or personnel to enter the property as many times as may be necessary to make such review and inspection. Further, I agree to provide entry to the project site for such agents or personnel to monitor permitted work if a permit is granted. Kvie Lukasz I Typed/Printed Name of Applicant I Signature of Applicant Date Po­B" Op. W,.p (Corporate Title if applicable) Packet Page -3104-