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Agenda 06/08/2021 Item #16A14 (Commercial Excavation Permit to Stewart Mine)06/08/2021 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Commercial Excavation Permit PL20200002472 to excavate and remove an additional 23,924,047 cubic yards of material from the expansion of the existing approved Stewart Mine. OBJECTIVE: To approve Commercial Excavation Permit PL20200002472 for the excavation and removal of an additional 23,924,047 cubic yards of material from Stewart Mine. CONSIDERATIONS: On July 26, 2006, the Board of County Commissioners (Board) approved Commercial Excavation Permit No. 59.868 Stewart Mine, which was the original permit that allowed an excavation of 24,235,443 cy of fill material. The applicant wishes to expand operation of an existing commercial excavation, which would increase the existing mine by 206.7 acres to the west of the current mining operation. This project is designated as Agricultural (A) Mobile Home Overlay (MHO) Zoning and within the Rural Lands Stewardship Area (RLSA) Open Lands as identified on the Future Land Use Element (FLUE). Pursuant to the County’s Comprehensive Plan for the RLSA, the proposed excavation requires a conditional use permit, which was approved by the Board on January 12, 2021. Stipulations from the existing permit will be carried over into the subject expansion permit, as described in the Recommendations section. FISCAL IMPACT: The applicant has paid $27,970.00 for the Commercial Excavation permit application and is required to pay an additional $49,331.38 in road impact fees at time of permit issuance. GROWTH MANAGEMENT PLAN (GMP) IMPACT: This project has been found to be consistent with the goals, objectives, and policies of the GMP including specifically the Future Land Use Element (FLUE), Transportation Element, and Conservation and Coastal Management Element (CCME). ENVIRONMENTAL ISSUES: Offsite hauling of excess fill, if done properly, will have no environmental impact. There are no wetlands being preserved on this site. Pursuant to the FDEP Permit, the permittee has mitigated for impacts pursuant to the Environmental Resource Permit regulations. There are no Collier County required preserves, as the land has been cleared for agricultural use and maintained clear of native vegetation (LDC section 4.08.05.J.2.). LEGAL CONSIDERATIONS: The Petitioner is requesting a Commercial Excavation Permit under Section 22-110 of the Collier County Code of Laws and Ordinances. The attached staff report and recommendations of the Collier County Planning Commission (CCPC) acting as the Environmental Advisory Council (EAC) are advisory only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed Commercial Excavation is consistent with all the criteria set forth below, and you may question the Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied under Section 22-110(d) of the Collier County Code of Laws and Ordinances. Should you consider denying the Commercial Excavation Permit, to assure that your decision is not later found to be arbitrary, discriminatory or unreasonable: the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Criteria for Commercial Excavations (1) The excavation will not interfere with the natural function of any sanitary, storm or drainage system, or natural flow way, whether public or private, so as to create flooding or public health hazards or jeopardize the functions of the natural resources and environment of Collier County. 16.A.14 Packet Pg. 710 06/08/2021 (2) Dust or noise generated by the excavation will not cause a violation of any applicable provisions of this article. Rock crushing operations or material stockpiles that will be adjacent to any existing residential area may require separate county approval. It is anticipated that these activities will not occur during this operation. (3) The excavation will not adversely affect groundwater levels, water quality, hydro-period, or surface water flow ways. The county manager or his designee may require the applicant to monitor the quality of the water in the excavation and adjacent ground and surface waters. Under no circumstances shall the excavation be conducted in such a manner as to violate Collier County or applicable State of Florida water quality standards. (4) The excavation will be constructed so as to not cause an apparent safety hazard to persons or property. (5) The excavation does not conflict with the growth management plan or land development regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations. Special criteria and approval procedures may be necessary for projects within the Big Cypress Area of critical state concern. (6) In cases where a wetland is no longer capable of performing environmental functions or providing environmental values or in cases where it is determined that no reasonable alternative exists ot her than disrupting a wetland, certain alterations may be allowed, except as otherwise authorized through previous county review processes. (7) Flow of water within and through preserved wetlands shall not be impeded. (8) Appropriate sediment control devices (hay bales, silt screens, etc.) shall be employed to prevent sedimentation within the wetland pursuant to the design requirements of Section 10.02.02 of the Land Development Code. Any building site adjacent to a wetland and elevated by filling, must employ the same erosion control devices. Fill must be stabilized using sod, seed, or mulch. This item is approved as to form and legality and requires a majority vote for Board approval. - DDP EAC RECOMMENDATIONS: On May 6, 2021, the Collier County Planning Commission (CCPC), acting in their role of the Environmental Advisory Council (EAC), voted 6-0 to send a recommendation for approval to the Board of County Commissioners (Board), with stipulations recommended by staff. RECOMMENDATIONS: Recommendation that the Board of County Commissioners (Board) approves the excavation and removal of an additional 23,924,0047 cubic yards of fill within the Stewart Mine pursuant to Commercial Excavation Permit PL20200002472, subject to existing stipulations in the previously approved Commercial Excavation Permit No. 59.868, as described in the attached document labeled "Stewart Mine EX Permit 07.26.2006.” Prepared by: Jaime Cook, Principal Environmental Specialist, Development Review Division ATTACHMENT(S) 1. CCPC Staff Report (PDF) 2. Location Map (PDF) 3. Resolution 2021-013 (PDF) 4. [Linked] FDEP Permit (PDF) 16.A.14 Packet Pg. 711 06/08/2021 5. Haul Route Plan (PDF) 6. Excavation Permit 07.26.2006 (PDF) 7. Excavation Plans (PDF) 8. Traffic Impact Statement (PDF) 16.A.14 Packet Pg. 712 06/08/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.14 Doc ID: 15835 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Commercial Excavation Permit PL20200002472 to excavate and remove an additional 23,924,047 cubic yards of material from the expansion of the existing approved Stewart Mine. Meeting Date: 06/08/2021 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 05/07/2021 3:23 PM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 05/07/2021 3:23 PM Approved By: Review: Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 05/07/2021 4:08 PM Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 05/07/2021 4:12 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 05/07/2021 5:14 PM Growth Management Department Diane Lynch Growth Management Department Completed 05/07/2021 5:53 PM Growth Management Department Matthew McLean Additional Reviewer Completed 05/10/2021 9:09 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 05/10/2021 9:51 AM Growth Management Department James C French Growth Management Completed 05/10/2021 10:32 AM Growth Management Department Trinity Scott Transportation Skipped 05/10/2021 11:52 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/10/2021 2:24 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/12/2021 9:20 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/21/2021 4:11 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/28/2021 2:24 PM Board of County Commissioners Geoffrey Willig Meeting Pending 06/08/2021 9:00 AM 16.A.14 Packet Pg. 713 PL20200002472, 2315 Edwards Grove Road May 6, 2021 Collier County Planning Commission Page 1 of 6 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION (CCPC) ACTING AS ENVIRONMENTAL ADVISORY COUNCIL (EAC) FROM: GROWTH MANAGEMENT DEPARTMENT DEVELOPMENT REVIEW DIVISION HEARING DATE: May 6, 2021 SUBJECT: PETITION EX-PL20200002472: STEWART MATERIALS LLC / COMMERCIAL EXCAVATION PERMIT MODIFICATION _____________________________________________________________________________ PROPERTY OWNER/AGENT: Owner / Applicant: Agent: J.R. Paul Properties, Inc. / Tippen Bay Properties, LLC Carl Thrushman, P.E. C/O Stewart Materials, LLC Davidson Engineering, Inc. P.O. Box 2357 4365 Radio Road #201 LaBelle, FL 33975 Naples, FL 34104 REQUESTED ACTION: Applicant requests approval of a Commercial Excavation Permit to modify the previously approved Commercial Excavation Permit No. 59.868 to excavate and remove an additional 23,924,047 cubic yards (cy) of material from the site. GEOGRAPHIC LOCATION: The subject property is located in Sections 18 and 19, Township 46 South, Range 26 East, and in the Open Lands of the Rural Lands Stewardship Area Overlay (RLSAO). The expansion site is approximately 206.7 acres in size. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The applicant wishes to expand operation of an existing commercial excavation and to expand the existing Stewart Materials, LLC mine. Pursuant to Section 22-110 (b)(2) of the Collier County Code of Laws, applications for commercial excavation permits shall be reviewed by the Environmental Advisory Council for recommendation and approved by the Board. 16.A.14.a Packet Pg. 714 Attachment: CCPC Staff Report (15835 : Commercial Excavation Approval - Stewart Materials, LLC) PL20200002472, 2315 Edwards Grove Road May 6, 2021 Collier County Planning Commission Page 2 of 6 SURROUNDING LAND USE AND ZONING The surrounding properties are designated Agricultural – Mobile Home Overlay – Rural Lands Stewardship Area Overlay and are within the RLSAO Open Lands as identified on the Future Land Use Map of the GMP. The surrounding properties to the west, north, and south are utilized for active agricultural operations. The property to the east has an existing Conditional Use and active Commercial Excavation Permit. The site access is provided through the existing mine entrance on Edwards Grove Road. A haul route map is attached, indicating the historical haul route, which is expected to continue under this application. The closest residential structure to the site is approximately 4,414 feet east of the eastern boundary of the expansion site. 16.A.14.a Packet Pg. 715 Attachment: CCPC Staff Report (15835 : Commercial Excavation Approval - Stewart Materials, LLC) PL20200002472, 2315 Edwards Grove Road May 6, 2021 Collier County Planning Commission Page 3 of 6 Aerial exhibit provided by Collier County GIS. HISTORY AND PERMITS This project is within the Open Lands of the RLSAO and pursuant to the County’s Comprehensive Plan for the RLSA, the proposed excavation requires approval of a Conditional Use petition. The Conditional Use for the proposed mine expansion site was approved by the Collier County Planning Commission on December 3, 2020 and by the Board of County Commissioners on January 12, 2021 (Resolution 21-13). On July 26, 2006, the BCC approved Commercial Excavation Permit No. 59.868, which was the original permit that allowed excavation of 24,235,443 cy of fill material. GROWTH MANAGEMENT (GMP) CONSISTENCY: This project has been found to be consistent with the goals, objectives, and policies of the GMP, including specifically the three elements analyzed below: 1) FUTURE LAND USE ELEMENT (FLUE): The subject property is consistent with the FLUE. The subject property is designed Agricultural/Rural and within the Rural Lands Stewardship Overlay (RLSAO), as shown on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the GMP. On the Stewardship Overlay Map, part of the FLUM, the site is designated as “Open.” The “A” zoning 16.A.14.a Packet Pg. 716 Attachment: CCPC Staff Report (15835 : Commercial Excavation Approval - Stewart Materials, LLC) PL20200002472, 2315 Edwards Grove Road May 6, 2021 Collier County Planning Commission Page 4 of 6 district allows a conditional use for an extraction or earth mining use, as listed in the Land Development Code (LDC) Chapter 2.03.01.A.1.c.1. The FLUE states the goal of the RLSAO is to address long-term needs of residents and property owners within the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment by protecting agricultural activities, preventing the premature conversion of agricultural land to non-agricultural uses, directing incompatible uses away from wetlands and upland habitat, enabling the conversion of rural land to other uses in appropriate locations, discouraging urban sprawl, and encouraging development that implements creating land use planning techniques. RLSA Policies 1.4 and 1.5 provide that properties within the RLSA may develop per the “Baseline Standards” (uses allowed by the underlying “A” zoning and Agricultural/Rural FLUM designation), which includes earth mining by conditional use. 2) TRANSPORTATION ELEMENT: Transportation Planning staff has reviewed the proposed Commercial Excavation and has approved the project including the stipulations of approval listed in the Conditional Use, including the limiting of truck traffic to a maximum of 49 pm peak hour, two-way trips, per the approved Conditional Use (Resolution 21-13). 3) CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME): Environmental Planning staff has reviewed this petition and confirmed that the CCME does not apply, as the FLUE only requires the property to comply with the RLSA environmental regulations. Therefore, the property is not required to meet the environmental policies of the CCME. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this petition including the criteria upon which a recommendation must be based. Section 22-110 (b)(2) of the Collier County Code of Laws and Ordinances specifies the requirements for the Commercial Excavation permit. The specific criteria are as follows: A. The excavation will not interfere with the natural function of any sanitary, storm or drainage system, or natural flow way, whether public or private, so as to create flooding or public health hazards or jeopardize the functions of the natural resources and environment of Collier County. Staff Comment: Staff has reviewed the Excavation Permit and has verified that this excavation will not interfere with the natural function of any sanitary, storm or drainage system, or natural flow way, whether public or private, so as to create flooding or public health hazards or jeopardize the functions of the natural resources and environment of Collier County. B. Dust or noise generated by the excavation will not cause a violation of any applicable provisions of this article. Rock crushing operations or material stockpiles that will be adjacent to any existing residential area may require separate county approval. It is anticipated that these activities will not occur during this operation. 16.A.14.a Packet Pg. 717 Attachment: CCPC Staff Report (15835 : Commercial Excavation Approval - Stewart Materials, LLC) PL20200002472, 2315 Edwards Grove Road May 6, 2021 Collier County Planning Commission Page 5 of 6 Staff Comment: There are 7 property owners within 300 feet of the property boundary. An attached aerial depicts the location. Pursuant to Section 22-110 (c) of the Code of Laws and Ordinances, letters have been sent to all property owners within 300 feet of the site advising them of this petition and the EAC and BCC meeting dates. Additionally, signs will be posted in the area providing notice of the meeting before the Board of County Commissioners. The applicant has provided a Dust Control Plan within the Site Plan to provide reasonable assurances of dust control. A stipulation of the approved Conditional Use (Resolution 21-13) requires that Edwards Grove Road shall be paved a minimum of 22 feet in width and a depth of 1.5 inches of asphalt or asphalt millings for the duration of the mining operation. Considering the location of the subject site and the commercial excavation operation currently operating to the east, there is no additional noise anticipated. C. The excavation will not adversely affect groundwater levels, water quality, hydro-period, or surface water flow ways. The County Manager or his designee may require the applicant to monitor the quality of the water in the excavation and adjacent ground and surface waters. Under no circumstances shall the excavation be conducted in such a manner as to violate Collier County or applicate State of Florida water quality standards. Staff Comment: Staff has determined that the excavation will not adversely affect groundwater levels, water quality, hydro-period or surface water flow ways. D. The excavation will be constructed so as to not cause an apparent safety hazard to persons or property. Staff Comment: Staff has determined that the excavation follows OSHA guidelines and the County Code of Laws with respect to the excavation operation so as to not cause an apparent safety hazard to persons or property. E. The excavation does not conflict with the growth management plan or land development regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations. Special criteria and approval procedures may be necessary for projects within the Big Cypress Area of Critical State Concern. Staff Comment: Staff has determined that the excavation does not conflict with the Growth Management Plan or Land Development Code regulations. The project is not located within the Big Cypress Area of Critical State Concern. F. In cases where a wetland is no longer capable of performing environmental functions or providing environmental value or in cases where it is determined that no reasonable alternative exists other than disrupting a wetland, certain alterations may be allowed, except as otherwise authorized through previous county review processes. 16.A.14.a Packet Pg. 718 Attachment: CCPC Staff Report (15835 : Commercial Excavation Approval - Stewart Materials, LLC) PL20200002472, 2315 Edwards Grove Road May 6, 2021 Collier County Planning Commission Page 6 of 6 Staff Comment: The Environmental Data indicates the property consists entirely of lands that have been in active agriculture and no native vegetation exists on site. Therefore, no wetlands will be impacted. G. Flow of water within and through preserved wetlands shall not be impeded. Staff Comment: There are no wetlands on this site. There are no Collier County required preserves, as the land has been historically cleared for agricultural use and maintained clear of native vegetation (LDC 4.08.05.J.2). H. Appropriate sediment control devices (hay bales, silt screens, etc.) shall be employed to prevent sedimentation within the wetland pursuant to the design requirements of Section 10.02.02 of the Land Development Code. Any building site adjacent to a wetland and elevated by filling, must employ the same erosion control devices. Fill must be stabilized using sod, seed, or mulch. Staff Comment: Staff has reviewed the Commercial Excavation Permit and the plans indicate appropriate measures to prevent sedimentation and erosion control. This project has been found to be consistent with the requirements of Chapter 22, Article IV of the Code of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney’s Office has reviewed the staff report EX-PL20200002472 on April 19, 2021. RECOMMENDATION: Staff recommends the Collier County Planning Commission, acting as the Environmental Advisory Council (EAC), forward Petition PL20200002472 to the Board of County Commissioners with a recommendation for approval, including all the previously approved excavation permit conditions and Conditional Use stipulations of approval. ATTACHMENTS: 1. Original Excavation Approval 07/26/2006 2. FDEP Approval 3. Haul Route 4. Excavation Permit 5. Excavation Plans 6. Traffic Impact Analysis 7. Environmental Data 16.A.14.a Packet Pg. 719 Attachment: CCPC Staff Report (15835 : Commercial Excavation Approval - Stewart Materials, LLC) W e s t c lo x S T N 15th STLake Trafford RD New Market RD WSR 29 NSR 82 X2.1 X1 X7 X19 X1 X3 X4 X8 X7X2 X17 X16 X6 X2 X5 X3 X12 X15X14 X9.1X10 X11 X9 X18 X13 X6 X3X8 X1 X3 X4 X1 X3X2 X2 X4 X9 X1 À56 X6X50X49X51X1.5 X52X1.6 X19 X8 X1 X22 X22.2X22.1X22.3 X21 X37X2X55 X36 X35X53 X23 X45 X33 X16 X31X44 X30X43X1.1 X1.3 X1.4 X41X1.2 X28 X14X13 X10X11 X27 X17 X24 X26 X9 X3 X5 X1 X47 À11 À12 X57 X25 34 17 1633 32 15 31 14 30 13 1229 1128 1027 926 25 8 24 7 623 522 421 320 19 2181 State Highway No. 82 State Highway No. 82 O'QUINN ROAD STATE STREETEXPERIMENTAL RD CU CU CU A-MHO-RLSAO A-MHO E x p e r i m e n t a l RD Revello STLamm RDWomblesRD State ST O Quinn RD JohnsonRD SR 82 EdwardsGroveRDLocation Map Zoning Map PROJEC TLOCATION ¹ SITELOCATION PL20200002472 16.A.14.b Packet Pg. 720 Attachment: Location Map (15835 : Commercial Excavation Approval - Stewart Materials, LLC) 16.A.14.c Packet Pg. 721 Attachment: Resolution 2021-013 (15835 : Commercial Excavation Approval - Stewart Materials, LLC) all applicable matters required by said regulations and m 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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU-PL20190000808 filed by Southwestern Properties, LLC & Tippen Bay Properties, LLLP, be and the same is hereby approved for a Conditional Use to amend Resolution No. 03-332 to expand the conditional use for earthmining pursuant to Section 2.03.01.A.1.c.l of the Collier County Land Development Code by adding 231.73± acres to the conditional use for property in an Agricultural (A) zoning district within a Mobile Home Overlay (MHO) and the Rural Lands Stewardship Area Overlay (RLSAO) for the property hereinafter described in Exhibit A, totaling 450.7 acres, in accordance with the Conceptual Site Plan described in Exhibit B, and subject to the conditions in Exhibit C. Exhibits A, B, and C are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote, this -1£aay of Approved as to form and legality: t£ch A �-•v Heidi Ashton�Cicko ' Managing Assistant County Attorney Attachments: Exhibit A -Legal Description Exhibit B -Conceptual Site Plan Exhibit C -Conditions of Approval [ 20-CPS-0 I 969/15 87 50 I/ I] 165 Edwards Grove Road Mine/ PL20 I 90000808 12/10/20 Page 2 of 2 BOARD OF ZONING APPEALS COLLIER O TY, FLORIDA 16.A.14.c Packet Pg. 722 Attachment: Resolution 2021-013 (15835 : Commercial Excavation Approval - Stewart Materials, LLC) COASTAL ENGINEERING CONSULTANTS INC. A CECJ GROUP COMPANY CECI Group Services Coastal and Marine Engineering Environmental and Geological Services Land and Marine Survey and Mapping Website: www.coastalengineering.com EXHIBIT "A" (1 OF 2) BARFIELD GROVE PARCEL REVISED LEGAL DESCRIPTION A TRACT OF LAND LOCATED TN THE SOUTHWEST ONE-QUARTER (SW ¼) OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 29 EAST AND A PART OF THE NORTH ONE-HALF (N ½) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 18 RUN N 00 °25' 14" W FOR A DISTANCE OF 1,331.53 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER (SW¼) OF THE SOUTHWEST ONE-QUARTER (SW¼) OF SAID SECTION 18; THENCE ALONG THE NORTH LINE OF SAID QUARTER-QUARTER LINE N 88°51'13" E 2,481.73 FEET; THENCE LEA YING SAID LINE S 00 °55'38" E 2,658.69 FEET; THENCE N 89°04'22" E 84.00 FEET; THENCE S 00°35'34" E 1,352.26 FEET TO AN INTERSECTION WITH THE EAST-WEST QUARTER LINE OF SAID SECTION 19; THENCE ALONG SAID QUARTER LINE S 89 °27'14" W 2,589.72 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 19; THENCE ALONG THE WEST LINE OF SAID SECTION 19 N 00°29'38" W 2,652.80 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 231.73 ACRES FEET OF LAND. BEARINGS ARE RELATIVE TO NORTH AMERICAN DATUM (NAD) 1983, FLORIDA EAST ZONE. 28421 Bonita Crossings Blvd., Bonita Springs, FL 34135 Phone (239) 643-2324 • Fax (239) 643-1143 1211 North Range Ave., Suite E, Denham Springs, LA 70726 Phone (225) 523-7403 E-mail: info@cecifl com SERVING COASTAL COMMUNITIES SINCE 1977 16.A.14.c Packet Pg. 723 Attachment: Resolution 2021-013 (15835 : Commercial Excavation Approval - Stewart Materials, LLC) COASTAL ENGINEERING CONSULTANTS, INC. EXHIBIT "A" (2 OF 2) SOUTHWESTERN PROPERTIES REVISED LEGAL DESCRIPTION SERVING FLORIDA SINCE 1977 16.A.14.c Packet Pg. 724 Attachment: Resolution 2021-013 (15835 : Commercial Excavation Approval - Stewart Materials, LLC) m )C :::J' -·C" ;:;: m ZONING: A-MHO-RLSAO 0:: ::; ::; LAND USE: EXISTING AG LAND AND CITRUS OPERATION 20'TYPE D LANDSCAPE BUFFER 50' UTILITY EASEMENT (O.R. BOOK 3974, PAGE 1369) 50' UTILITY EASEMENT (O.R. BOOK 3909, PAGE 2831) ZONING: A-MHO-RLSAO LAND USE: EXISTING AG LAND AND CITRUS OPERATION DE 4365 Radio Road, Sui1e 201 Naples, Florida 34104 P: 239.434.6060 Company Cert. of Authorizat10n DAVIDSON ENGINEEitlNC No. 00009496 LAND USE SUMMARY USE ACRES ROW RESERVATION & t 24.19AC. EASEMENTS PERIMETER BUFFERS :t4.93AC. DEVELOPMENT/ ±421.58AC. EXCAVATION AREA TOTAL SITE AREA ± 450.70AC. ZONING: A-MHO-RLSAO %0FSITE :1:5.37% :1: 1.09% :1: 93.54% 100% LAND USE: EXISTING AG LAND AND CITRUS OPERATION PLANNING NOTES: CURRENT ZONING: A-MHO-RSLAO I CONDITIONAL USE (RESOLUTION 03-332) PROPOSED ZONING: A-MHO-RSLAO / CONDITIONAL USE (CU) CURRENT LAND USE: AGRICULTURAL/ COMMERCIAL EXCAVATION FUTURE LAND USE: AGRICULTURAL/ RURAL MIXED USE DISTRICT/ RLSA GENERAL NOTES: 1. THIS CONDITIONAL USE AND CONCEPTUAL SITE PLAN REPRESENTS THE EXISTING LIMITS AND PROPOSED EXPANSION OF THE EXISTING COMMERCIAL EXCAVATION OPERATION. NOT\MTHSTANDING, AL THOUGH NOT REFLECTED HEREIN, THE -LAKE EXCAVATION LIMITS" INCLUDES AND ENCOMPASSES THE "EXISTING PROCESSING PLANT," -ICH MAY BE RELOCATED TO ALLOW THE PROCESSING PLANT SITE TO BE MINED. 2. PER SEC. 22-112 -ERE AN EXCAVATION CROSSES COMMON PARCEL OR PROPERTY LINES, THE SETBACK REQUIREMENTS ARE EXEMPT AT THE CONTIGUOUS PROPERTY 10' TYPE A LANDSCAPE BUFFER \ 50· EXCAVATION SETBACK ZONING: A-MHO-RLSAO LINES. EASEMENT FOR CANALS AND DRAINAGE /; ·R. BO // PAGE 2089) CONSTRUCTION VEHICLE CIRCULATION ff CONSTRUCTION VEHICLE CIRCULATION // EXISTING PROPERTY LINE / // EASEMENT FOR CANALS AND DRAINAGE (O.R. BOOK 7/89) EXISTING / ; ROCESSING PLANT 50' / / PROPOSED LAKE EXCAVATION EXCAVATION SETBACK ½ I DEVELOPMENT AREA / / #,"'�'"'" EASEMENT FOR CANALS AND DRAINAGE ,,,�,EASEMENT FOR CANALS AND DRAINAGE (O.R. BOOK 1141, PAGE 2089) ZONING: A-MHO-RLSAO 50' EXCAVATION SETBACK 10'TYPE A LANDSCAPE BUFFER LAND USE: EXISTING AG LAND AND CITRUS OPERATION CONSTRUCTION #�' LAKE EXCAVATION LIMITS 10' TYPE A LANDSCAPE BUFFER ZONING: A-MHO-RLSAO LAND USE: EXISTING AG LAND AND CITRUS OPERATION LAND USE: EXISTING AG LAND/FARMLAND 3. PER THE FLUCCS PREPARED AS PART OF EXISTING SITE ACCESS POINT EXISTING SCALE HOUSE POTENTIAL RELOCATED PROCESSING PLANT AREA 10'TYPE A LANDSCAPE BUFFER LESS AND EXCEPT THE EAST 30 FEET QUIT CLAIM DEED (O.R. BOOK 156, PAGE 375) 50' EXCAVATION SETBACK ZONING: A-MHO-RLSAO LAND USE: UNDEVELOPED AND EXISTING AG LAND/FARMLAND THIS APPLICATION, NO NATIVE PRESERVATION IS REQUIRED. 4. A LITTORAL SHELF PLANTING AREA TO COMMENCE DURING THE RECLAMATION PHASE OF THE PROJECT SHALL BE SHOWIJ ON THE EXCAVATION PERMIT FOR THIS PETITION AND SHALL MEET THE CURRENT STANDARDS OF THE LAND DEVELOPMENT CODE AT TIME OF SUBMITTAL OF THE COMMERCIAL EXCAVATION PERMIT. 1//1 R<2<J EXCAVATION AREA POTENTIAL RELOCATED PROCESSING PLANT AREA PROPERTY BOUNDARY 0 � §__00 SCALE IN FEET SHEET NO MASTER CONCEPT PLAN 16.A.14.c Packet Pg. 725 Attachment: Resolution 2021-013 (15835 : Commercial Excavation Approval - Stewart Materials, LLC) Exhibit C Conditions of Approval 1.Edwards Road Grove Road Mine Conditional Use shall be limited to what is depicted on the "Master Concept Plan, revised 11/03/2020," prepared by Davidson Engineering. 2.The petitioner shall obtain a South Florida Water Management District Agricultural Surface Water Management Permit or permit modification for this site, if applicable. 3.The site shall be cleared of all exotic vegetation and maintained exotic-free in perpetuity. 4.Material hauling activities are permitted from 5 :00 a.m. to 5 :00 p.m., Monday through Saturday and 24 hours a day Monday through Sunday for excavation and processing activities. 5.The excavation shall be contained by a berm constructed to the height of the 100-year flood elevation. Unless the berm contains adequate clay content to slow the flow of water (as determined by the Collier County Engineering Division), the berm shall contain a membrane impervious to water. 6.The site shall be limited to a maximum of 49 pm peak hour, two-way trips based on the use codes in the ITE Manual on trip generation rates in effect at time of application for SDP/SDPA or subdivision plat approval, or based on an alternate methodology accepted by staff at time of application for SDP/SDPA in accordance with the County's Traffic Impact Statement (TIS) guidelines in Resolution No. 2006-299, as it may be amended. 7.Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval, if applicable. 8.A littoral shelf planting area to commence during the reclamation phase of the project shall be shown on the excavation permit for this petition and shall meet the current standards of the Land Development Code at time of submittal of the Commercial Excavation Permit. 9.Prior to any vehicular use of the additional 231.73± acres, the owner shall post two (2) signs along the on-site entry drive, clearly visible to vehicles entering and leaving the site, providing information regarding potential panther presence and notifying drivers of the need to use caution. Sign wording, placement and size will be reviewed and approved by the Collier County Environmental Staff during review of the Commercial Excavation Application or other local development order, whichever is the first to allow vehicular use of the 231.73± acres. 10.All other applicable state or federal permits must be obtained before commencement of the development. [20-CPS-01969/1587278/1] 16.A.14.c Packet Pg. 726 Attachment: Resolution 2021-013 (15835 : Commercial Excavation Approval - Stewart Materials, LLC) 11.Pursuant to Section 125.022(5) F.S., issuance of a development permit by a County does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 12.The westernmost 200 feet of the parcel shall be reserved for road right-of-way, for the purpose of the future Little League Road extension. Within 90 days ofreceipt of written notification by Collier County Transportation that the property is needed, the owner will convey the requested property to the County, for fair market value on the date of the conveyance. 13.The petitioner shall be responsible for maintenance of Edwards Grove Road, from State Road 82 to the subject 450.7± acre property line, for the duration of the mining operation. Edwards Grove Road shall be paved a minimum of 22 feet in width and a depth of 1.5 inches of asphalt or asphalt millings. A Dust Control Plan, for Edwards Grove Road, shall be submitted with the Excavation Permit. [20-CPS-01969/1587278/1] 16.A.14.c Packet Pg. 727 Attachment: Resolution 2021-013 (15835 : Commercial Excavation Approval - Stewart Materials, LLC) 16.A.14.ePacket Pg. 728Attachment: Haul Route Plan (15835 : Commercial Excavation Approval - Stewart Materials, LLC) COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Engineering Services Department 2800 North Horseshoe Drive • Naples, Florida 34104 July 26, 2006 Nick Stewart Stewart Mining Industries P.O. Box 4332 Fort Pierce, Florida 34948 RE: Commercial Excavation Permit No. 59.868 / AR-4378 "lmmokalee Sand Mine, AKA Stewart Mine" Section 19, Township 49 South, Range 26 East Collier County, Florida Dear Mr. Stewart: THIS IS YOUR PERMIT AND MUST BE POSTED ON SITE In accordance with the authority given in County Ordinance No. 04-55, Section 2.E., Article IV, Sections 22-106-22-119, as amended, your application for a "Commercial" Excavation is hereby approved subject to the following stipulations: 1.The excavation shall be limited to a bottom elevation of 15.00 ft. from assumed existing ground elevation of 100.00. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of 90.00 ft. from assumed existing ground elevation of 100.00. 2.Off-site removal of material shall be limited to 25,000,000 C.Y. and shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/1988 (copy attached). 3.The lake littoral zone shall be created and planted as indicated on the Plan of Record and in accordance with County Ordinance 91-102 Section 3.05-10 as amended. 4.All provisions of Collier County Ordinance No. 04-55, Section 2.E. shall be adhered to. 5.Where groundwater is proposed to be pumped during the excavating operation, A Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. 6.No blasting will be permitted. C o t� " r C Phone(239)659-5744 Fax (239) 530-6201 0 J.f. ff t:; .Y www.colliergov.net 16.A.14.f Packet Pg. 729 Attachment: Excavation Permit 07.26.2006 (15835 : Commercial Excavation Approval - Stewart Materials, LLC) D�velopment Excavation Page2 7.If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, required by Land Development Code, Division 3.9 as amended shall be obtained from Collier County Environmental Services Department before work shall commence. 8.A 20 ft. maintenance easement shall be provided around the perimeter of the lake and a 20 ft. access easement to it shall be provided from a right-of-way. The easement shall be accessible to all maintenance vehicles. 9.Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around the entire perimeter of the stockpile area 10.Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion control devices installed. Since we are in receipt of the excavation performance guarantee in the amount of $166,030.00 and the permit I review fee in the amount of $10,000.00 this letter is your authorization to proceed with the excavation project in accordance with your plans and the above-mentioned stipulations. This permit is valid for (1) year and must be renewed on the anniversary date of permit issuance. The Plans of Record for this excavation is titled "Stewart Mining" dated November, 2002, sheets 1 and 2 of 2, prepared by Davidson Engineering, Inc., signed and sealed November, 2002 and plan titled "lmmokalee Sand Mine" dated June 16, 2006 sheet 1, prepared by Betty Cole P. E., signed and sealed June 16, 2006. Should you have any further questions regarding this matter, please feel free to contact us at (239) 659-57 44. H:'Englneering.lnspections Lettetl/Excavatlon Pennlls/03-Developmenl-Commerdal Approval (This Is YOUR Pennll)/ / ns c: EX 59.868-AR-4378 File Don Nobles, Engineering Inspections Supervisor Engineering Department Reading File Pamela Stewart, Attorney at Law 16.A.14.f Packet Pg. 730 Attachment: Excavation Permit 07.26.2006 (15835 : Commercial Excavation Approval - Stewart Materials, LLC) STEWART MATERIALS, LLCINDEX OF DRAWINGSKEY WESTLEGAL DESCRIPTIONVICINITY MAPN.T.S.STREETS MAPN.T.S.SUBJECTPROPERTYGENERAL NOTES1. ALL ELEVATIONS SHOWN ARE NAVD2. NAVD + 1.3' = NGVD - TO BE VERIFIED BY SURVEYOR3. ZONED: A-MHO-RLSAO/ CONDITIONAL USE4. CU RESOLUTION # 03-3325. FOLIO #S: 00065520004 & 00065680009COMMERCIAL EXCAVATION PLANS FOR EXPANSIONTO EXCAVATION PERMIT NO. 59.868”2875 JUPITER PARK DRIVESUITE 1100JUPITER, FL 33458SECTION 18 & 19, TOWNSHIP 46 SOUTH, RANGE 29 EASTCOLLIER COUNTY, FLORIDASUBJECTPROPERTYCOVER SHEETC-00.01COLLIER COUNTYMIAMIFT.MYERSNAPLESTAMPAUS 41TAMIAMI TRAILEVERGLADESCITYMARCOISLANDNAPLESVANDERBILTBEACH ROADSR 29CR 846SR 84CR 951I-75 GULF OF MEXICOSTATE OF FLORIDAPREPARED FOR DEVELOPER:STEWART MATERIALS, LLCCOVER SHEETAERIAL FLUCFCSCLEARING AND POLLUTION CONTROL PLANLAKE EXCAVATION PLANLAKE EXCAVATION PLAN AND CROSS SECTIONSCROSS SECTIONSEDWARDS GROVE ROAD / DUST CONTROL PLANC-00.01C-00.20C-10.00C-24.00C-24.01C-24.02C-24.03DESCRIPTIONDWG. NO.4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 Company Cert. of Authorization No. 00009496JEFF L. DAVIDSON, P.E NO. 47161ANDREW E. RATH, P.E. NO. 73996CARL M. THRUSHMAN P.E. NO. 86499RYAN A. WHITE, P.E. NO. 67400JENNA A. WOODWARD, P.E. NO. 84212SHEET TITLE:PROJECT:REVISIONS:CLIENT:DATEREV.DESCRIPTIONSTEWART MATERIALS, LLC STEWART MATERIALS2875 JUPITER PARK DRIVE,SUITE 1100JUPITER, FL 33458PROJECT NO.:19-0128SHEET NO:NOTES:SCALE:REVISED PER CC COMMENTS12/29/2020SUBJECTPROPERTYLAKETRAFFORDIMMOKALEEPO BOX 2357LABELLE, FL 33975 OWNER:TIPPEN BAY PROPERTIES, LLLP2875 JUPITER PARK DRSUITE 1100JUPITER, FL 33458SOUTHWESTERN PROPERTIES, LLC&dŚŝƐŝƚĞŵŚĂƐďĞĞŶĞůĞĐƚƌŽŶŝĐĂůůLJƐŝŐŶĞĚĂŶĚƐĞĂůĞĚďLJĂƌůDĂdždŚƌƵƐŚŵĂŶW͘͘ƵƐŝŶŐĂ^,ͲϭĂƵƚŚĞŶƚŝĐĂƚŝŽŶĐŽĚĞ͘WƌŝŶƚĞĚĐŽƉŝĞƐŽĨƚŚŝƐĚŽĐƵŵĞŶƚĂƌĞŶŽƚĐŽŶƐŝĚĞƌĞĚƐŝŐŶĞĚĂŶĚƐĞĂůĞĚĂŶĚƚŚĞ^,ͲϭĂƵƚŚĞŶƚŝĐĂƚŝŽŶĐŽĚĞŵƵƐƚďĞǀĞƌŝĨŝĞĚŽŶĂŶLJĞůĞĐƚƌŽŶŝĐĐŽƉŝĞƐ͘Digitally signed by Carl Thrushman, P.E. Date: 2021.03.24 11:38:17 -04'00'16.A.14.gPacket Pg. 731Attachment: Excavation Plans (15835 : Commercial Excavation Approval - Stewart Materials, LLC) PROPERTYBOUNDARY(TYP.)SUBJECTPROPERTY740514514514514514514514514514514514514514221221514221221221221221221221221221221221221221221221514514514514514514514514514514514514514514514514EDWARDS GROVE ROAD(PUBLIC)LAMM ROAD (PRIVATE)4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 Company Cert. of Authorization No. 00009496JEFF L. DAVIDSON, P.E NO. 47161ANDREW E. RATH, P.E. NO. 73996CARL M. THRUSHMAN P.E. NO. 86499RYAN A. WHITE, P.E. NO. 67400JENNA A. WOODWARD, P.E. NO. 84212SHEET TITLE:PROJECT:REVISIONS:CLIENT:DATEREV.DESCRIPTIONSTEWART MATERIALS, LLC STEWART MATERIALS2875 JUPITER PARK DRIVE,SUITE 1100JUPITER, FL 33458PROJECT NO.:19-0128SHEET NO:NOTES:SCALE:NREVISED PER CC COMMENTS12/29/2020ON SITE FLUCFCS LEGENDFLUCFCS CODELAND USEACREAGETOTALPERCENTTOTAL ACRES100.0450.7160221514740EXTRACTIVECITRUS GROVESMAN-MADE DITCHESDISTURBED LAND219.0220.610.20.948.648.92.30.2AERIAL FLUCFCSC-00.201:20016.A.14.gPacket Pg. 732Attachment: Excavation Plans (15835 : Commercial Excavation Approval - Stewart Materials, LLC) CLEARING LEGEND4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 Company Cert. of Authorization No. 00009496JEFF L. DAVIDSON, P.E NO. 47161ANDREW E. RATH, P.E. NO. 73996CARL M. THRUSHMAN P.E. NO. 86499RYAN A. WHITE, P.E. NO. 67400JENNA A. WOODWARD, P.E. NO. 84212SHEET TITLE:PROJECT:REVISIONS:CLIENT:DATEREV.DESCRIPTIONSTEWART MATERIALS, LLC STEWART MATERIALS2875 JUPITER PARK DRIVE,SUITE 1100JUPITER, FL 33458PROJECT NO.:19-0128SHEET NO:NOTES:SCALE:NREVISED PER CC COMMENTS12/29/2020EXOTIC VEGETATIONREMOVAL NOTECLEARING AND POLLUTIONCONTROL PLANC-10.001:20016.A.14.gPacket Pg. 733Attachment: Excavation Plans (15835 : Commercial Excavation Approval - Stewart Materials, LLC) PROPOSED LAKEEXCAVATION AREA4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 Company Cert. of Authorization No. 00009496JEFF L. DAVIDSON, P.E NO. 47161ANDREW E. RATH, P.E. NO. 73996CARL M. THRUSHMAN P.E. NO. 86499RYAN A. WHITE, P.E. NO. 67400JENNA A. WOODWARD, P.E. NO. 84212SHEET TITLE:PROJECT:REVISIONS:CLIENT:DATEREV.DESCRIPTIONSTEWART MATERIALS, LLC STEWART MATERIALS2875 JUPITER PARK DRIVE,SUITE 1100JUPITER, FL 33458PROJECT NO.:19-0128SHEET NO:NOTES:SCALE:REVISED PER CC COMMENTS12/29/2020LAKE EXCAVATION PLANC-24.001:200LEGENDEXOTIC VEGETATIONREMOVAL NOTES16.A.14.gPacket Pg. 734Attachment: Excavation Plans (15835 : Commercial Excavation Approval - Stewart Materials, LLC) 4:12:14365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 Company Cert. of Authorization No. 00009496JEFF L. DAVIDSON, P.E NO. 47161ANDREW E. RATH, P.E. NO. 73996CARL M. THRUSHMAN P.E. NO. 86499RYAN A. WHITE, P.E. NO. 67400JENNA A. WOODWARD, P.E. NO. 84212SHEET TITLE:PROJECT:REVISIONS:CLIENT:DATEREV.DESCRIPTIONSTEWART MATERIALS, LLC STEWART MATERIALS2875 JUPITER PARK DRIVE,SUITE 1100JUPITER, FL 33458PROJECT NO.:19-0128SHEET NO:NOTES:SCALE:REVISED PER CC COMMENTS12/29/2020LAKE EXCAVATION PLANAND CROSS SECTIONSC-24.01LAKE CROSS SECTION A-ALAKE CROSS SECTION A-ALAKE CROSS SECTION A-ABAAPROPOSEDLAKE0+0049+0027+0040+200+00 B1:500LEGENDGENERAL NOTESSILT FENCE BARRIER16.A.14.gPacket Pg. 735Attachment: Excavation Plans (15835 : Commercial Excavation Approval - Stewart Materials, LLC) 2:14:14:12:14365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 Company Cert. of Authorization No. 00009496JEFF L. DAVIDSON, P.E NO. 47161ANDREW E. RATH, P.E. NO. 73996CARL M. THRUSHMAN P.E. NO. 86499RYAN A. WHITE, P.E. NO. 67400JENNA A. WOODWARD, P.E. NO. 84212SHEET TITLE:PROJECT:REVISIONS:CLIENT:DATEREV.DESCRIPTIONSTEWART MATERIALS, LLC STEWART MATERIALS2875 JUPITER PARK DRIVE,SUITE 1100JUPITER, FL 33458PROJECT NO.:19-0128SHEET NO:NOTES:SCALE:REVISED PER CC COMMENTS12/29/2020CROSS SECTIONSC-24.02LAKE CROSS SECTION B-BLAKE CROSS SECTION B-BAA0+0049+0027+00B40+200+00 B1:500PROPOSEDLAKELEGENDLITTORAL AREA CALCULATIONSLAKE EXCAVATION CALCULATIONSGENERAL NOTESLITTORAL ZONE PLANTING*LITTORAL AREA SIGN DETAILZONE FLOOD INUNDATION PERIODLITTORAL NOTES16.A.14.gPacket Pg. 736Attachment: Excavation Plans (15835 : Commercial Excavation Approval - Stewart Materials, LLC) EDWARDS GROVE ROAD (PUBLIC)AAEDWARDS GROVE ROAD (PUBLIC)EDWARDS GROVE ROAD (PUBLIC)S.R.82 (PUBLIC)4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 Company Cert. of Authorization No. 00009496JEFF L. DAVIDSON, P.E NO. 47161ANDREW E. RATH, P.E. NO. 73996CARL M. THRUSHMAN P.E. NO. 86499RYAN A. WHITE, P.E. NO. 67400JENNA A. WOODWARD, P.E. NO. 84212SHEET TITLE:PROJECT:REVISIONS:CLIENT:DATEREV.DESCRIPTIONSTEWART MATERIALS, LLC STEWART MATERIALS2875 JUPITER PARK DRIVE,SUITE 1100JUPITER, FL 33458PROJECT NO.:19-0128SHEET NO:NOTES:SCALE:REVISED PER CC COMMENTS12/29/2020EDWARDS GROVE ROAD /DUST CONTROL PLANC-24.031:80LEGENDA-A TYPICAL / EXISTING EDWARDSGROVE ROAD SECTIONMATCH LINE 1 MATCH LINE 1 MATCH LINE 2 MATCH LINE 2 “”xxxxxxxxDUST CONTROL PLAN16.A.14.gPacket Pg. 737Attachment: Excavation Plans (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 738 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 739 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 740 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 741 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 742 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 743 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 744 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 745 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 746 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 747 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 748 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 749 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 750 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 751 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 752 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 753 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 754 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 755 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 756 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 757 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 758 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 759 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 760 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 761 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 762 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 763 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 764 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 765 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 766 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) DocuSign Envelope ID: 36477D5A-B3D4-4694-9F68-015C5A96F503 16.A.14.h Packet Pg. 767 Attachment: Traffic Impact Statement (15835 : Commercial Excavation Approval - Stewart Materials, LLC) Environmental Resource Permit PERMITTEE: Permit number: MMR_228414-005 Stewart Materials, LLC. Date of Issue: 3/19/2020 c/o Nick Stewart, CEO Expiration of Construction Phase: 2875 Jupiter Park Drive, Suite 1100 3/19/2045 Jupiter, Florida 33458 County: Collier Project: Immokalee Sand Mine PROJECT LOCATION: The mine is located approximately 1.25 miles southwest of the intersection of State Road 29 and State Road 82, northwest of Immokalee, in Sections 18 and 19, Township 46 South, Range 29 East, Collier County, Florida. PROJECT DESCRIPTION: The project is an Environmental Resource Permit (ERP) to expand an existing surface water management system at the Immokalee Sand Mine in Collier County. The currently permitted site consists of 219.8 acres, which includes a 17.92-acre processing plant site. The proposed expansion area adjoins the currently permitted site to the west, and adds 231.0 acres to the project, 220.69 acres of which will be mined for sand. Additionally, the plant site within the currently permitted site will be mined towards the end of the mining operation, at which point a portable plant facility will be used for processing. The addition of the 231.0-acre expansion area will bring the total permit area to 450.8 acres and the additional 238.61 acres of proposed mining will bring the total mining area to 422.31 acres. Mining will be conducted using a dredge, so no dewatering will occur. The mine operates under Water Use Permit No. 11-02875-W from the South Florida Water Management District, which addresses materials washing and pumping. A total of 2.68 acres of impervious surface were previously permitted in association with the plant site and driveway. No additional impervious surface is being proposed. The predominant land cover within the proposed expansion area consists of citrus groves. No jurisdictional wetlands were identified onsite. A total of 10.2 acres of upland cut ditches with low habitat value will be impacted but will not require mitigation. Permittee: Stewart Materials, LLC. Project: Immokalee Sand Mine File No. MMR_228414-007 Page 2 of 16 All material mined within the expansion area will be piped back to the existing plant site and processing facility located within the currently permitted site. Additionally, the same Best Management Practices, Erosion Control Measures, and Pollution Prevention Plan associated with the current permitted operation will continue to be used for the proposed expansion. The depth of mining will be 85 feet below natural grade which is about negative (-) 51 feet National Geodetic Vertical Datum (NGVD). The proposed mining will be subject to the mandatory reclamation requirements of Chapter 62C-39, Florida Administrative Code (F.A.C.). At completion, the mining and reclamation will result in a single, 415.27-acre rectangular lake surrounded by gently sloping littoral zone wetlands vegetated with native herbaceous plants. The surrounding upland buffer around the lake will be reclaimed to 35.53 acres of rangeland. The estimated life of the mine is twenty years. The construction phase, including reclamation, of this permit expires in twenty years. The post reclamation land types will include lake, herbaceous wetlands, and rangeland. AUTHORIZATIONS Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit. Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.). Sovereignty Submerged Lands Authorization As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), the Department has determined the activity is not on submerged lands owned by the State of Florida. Therefore, your project is not subject to the requirements of Chapter 253, F.S., or Rule 18-21, F.A.C. Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization may be required from the Corps. You must apply separately to the Corps using the federal application form (ENG 4345). More information about Corps permitting may be found online in the Jacksonville District Regulatory Division Sourcebook. Failure to obtain Corps authorization prior to construction could subject you to federal enforcement action by that agency. Water Quality Certification This permit also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. 1341. Permittee: Stewart Materials, LLC. Project: Immokalee Sand Mine File No. MMR_228414-007 Page 3 of 16 Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities. This permit does not relieve you from the requirements to obtain all other required permits or authorizations. The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the Department. The following General Conditions (62-330 F.A.C. June 1, 2018) 1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under chapter 373, F.S. 2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. 3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation, June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,” (October 1, 2013), (http://www.flrules.org/Gateway/reference.asp?No=Ref-02505), incorporated by reference herein, indicating the expected start and completion dates. A copy of this Permittee: Stewart Materials, LLC. Project: Immokalee Sand Mine File No. MMR_228414-007 Page 4 of 16 form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C., and shall be submitted electronically or by mail to the Agency. However, for activities involving more than one acre of construction that also require a NPDES stormwater construction general permit, submittal of the Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, DEP Form 62-621.300(4)(b), shall also serve as notice of commencement of construction under this chapter and, in such a case, submittal of Form 62- 330.350(1) is not required. 5. Unless the permit is transferred under rule 62-330.340, F.A.C., or transferred to an operating entity under rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms, and conditions of the permit for the life of the project or activity. 6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a) For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex ‒ “Construction Completion and Inspection Certification for Activities Associated with a Private Single-Family Dwelling Unit” [Form 62- 330.310(3)]; or b) For all other activities ‒ “As-Built Certification and Request for Conversion to Operation Phase” [Form 62-330.310(1)]. c) If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 7. If the final operation and maintenance entity is a third party: a) Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as-built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4 of Volume I) as filed with the Florida Department of State, Division of Corporations, and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b) Within 30 days of submittal of the as-built certification, the permittee shall submit “Request for Transfer of Environmental Resource Permit to the Perpetual Operation and Maintenance Entity” [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. Permittee: Stewart Materials, LLC. Project: Immokalee Sand Mine File No. MMR_228414-007 Page 5 of 16 8. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. 9. This permit does not: a) Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in chapter 62-330, F.A.C.; b) Convey to the permittee or create in the permittee any interest in real property; c) Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d) Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. 11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. 12. The permittee shall notify the Agency in writing: a) Immediately if any previously submitted information is discovered to be inaccurate; and b) Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools, dugout canoes, metal implements, historic building materials, or any other Permittee: Stewart Materials, LLC. Project: Immokalee Sand Mine File No. MMR_228414-007 Page 6 of 16 physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section (DHR), at (850)245-6333, as well as the appropriate permitting agency office. Project activities shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately, and the proper authorities notified in accordance with section 872.05, F.S. For project activities subject to prior consultation with the DHR and as an alternative to the above requirements, the permittee may follow procedures for unanticipated discoveries as set forth within a cultural resources assessment survey determined complete and sufficient by DHR and included as a specific permit condition herein. 15. 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 rule 62-330.201, F.A.C., provides otherwise. 16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be 17. disposed of in a landfill or other uplands in a manner that does not require a permit under chapter 62-330, F.A.C., or cause violations of state water quality standards. 18. This permit is issued based on the applicant’s submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. 19. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. SPECIFIC CONDITIONS: 1. 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 Permittee: Stewart Materials, LLC. Project: Immokalee Sand Mine File No. MMR_228414-007 Page 7 of 16 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 conditions of this permit. The permittee understands that its failure to completely and timely comply with all conditions of this permit may result in a revocation or suspension of the permit and, if appropriate, that the area be restored. 2. Superseded Permits. This permit supersedes and replaces the Environmental Resource Permit No. MMR_228414-001, which was issued by the Department on November 10, 2004. This permit also supersedes and replaces the subsequent permit modifications, MMR_228414-002, MMR_228414-003, and MMR_228414-004. The terms and conditions of the new permit incorporate appropriate terms and conditions of the existing permits and thereby terminate the effectiveness of the existing permits. 3. Historical and Archeological Artifacts. Pursuant to General Condition 14, if historical or archaeological artifacts are discovered within the project site, the permittee shall immediately notify the Bureau of Historic Preservation, Division of Historical Resources, R. A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida 32399- 0250. The permittee shall also notify the Department Program either by email at MiningAndMitigation@floridadep.gov by mail at 2600 Blair Stone Road, MS 3577, Tallahassee, Florida 32399, or by phone at 850.245.8336. 4. Wildlife Management. The permittee shall conduct pre-clearing wildlife surveys prior to habitat disturbance. The appropriate Florida Fish and Wildlife Conservation Commission/ US Fish and Wildlife Service (FFWCC/USFWS) authorizations shall be obtained prior to the disturbance of habitat occupied by listed wildlife species or relocation of any listed wildlife species. All relocation activities shall be conducted in accordance with FFWCC/USFWS permits or management plans. Copies of all correspondence, permits, authorizations, and reports to or from these agencies shall be provided to the Department no later than 30 days after being generated or received by the permittee. Construction 5. Facility abandonment. The following shall be properly abandoned and/or removed in accordance with the applicable regulations: a. Any existing wells in the path of construction shall be properly plugged and abandoned by a licensed contractor, if required by Permittee: Stewart Materials, LLC. Project: Immokalee Sand Mine File No. MMR_228414-007 Page 8 of 16 the rules of the SFWMD. 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. 6. Drawing Conflicts. The project shall be conducted in compliance with the attached permit drawings, plans, figures, and narratives which identify the location, schedule, notification, mitigation, and reclamation of the permitted activity. If the approved permit drawings conflict with the specific conditions, then the specific conditions shall prevail. 7. Dredging Limits. All upland, wetland, and other surface water areas to be dredged shall be in accordance with the attached permit drawings and shall not exceed the locations indicated on those drawings. 8. Extraction Depth. The depth of excavation shall be no more than minus 51 feet (-51) National Geodetic Vertical Datum of 1929 (NGVD). 9. Construction Adjacent to Property Lines. Where the permittee does not own or control adjacent parcels, prior to conducting earth-disturbing activities (including grubbing, berm construction, stockpiling material, etc.), 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. The permittee shall prevent the movement of earthen materials, wastes, or debris from leaving the property. 10. 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 any actions within the control of the permittee. 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. Permittee: Stewart Materials, LLC. Project: Immokalee Sand Mine File No. MMR_228414-007 Page 9 of 16 11. Surface Water Storage Structures. Berms shall not store flowable liquid more than four feet above natural grade. Where applicable, 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. A minimum of three feet of freeboard should be provided above the expected high-water level within the containment system. Tops of the mine phase 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. 12. 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. 13. Exceedances of State Water Quality Standards. The following measures shall be taken immediately by the permittee if mining related activities cause an exceedance of State water quality standards within waters of the State located on or adjacent to the permit area, pursuant to Chapter 62-302, F.A.C.: a. Immediately cease all work contributing to the water quality violation, until the requirements in paragraphs b. and c. below are completed; b. Stabilize all exposed soils contributing to the violation. Modify the work procedures that were responsible for the violation, and install more turbidity containment devices, and repair any non- functioning turbidity containment devices; c. Notify the Department either by email at MiningAndMitigation@dep.state.fl.us or by phone at 850.245.8336 within 24 hours of the time the violation is first detected. 14. Spill Reporting. The permittee shall report all unauthorized releases or spills of untreated or treated wastewater or stormwater more than 1,000 gallons per incident, or where public health or the environment may be endangered, to the State Watch Office Toll Free Number (800) 320-0519, Department’s Pollution Notice website at http://floridadep.gov/pollutionnotice, pursuant to 403.077 F.S., and the Department’s Mining and Mitigation Program at the phone number(s) listed below. Permittee: Stewart Materials, LLC. Project: Immokalee Sand Mine File No. MMR_228414-007 Page 10 of 16 MiningAndMitigation@floridadep.gov Department of Environmental Protection Mining and Mitigation Program 2600 Blair Stone Road, M.S. 3577 Tallahassee, Florida 32399-2400 Phone: 850-245-7554 and Homeland Office 2001 Homeland Garfield Road Bartow, FL 33830 Phone: 813-578-1150 Unauthorized releases or spills shall be reported as soon as practical but no later than 24 hours from the time the permittee becomes aware of the discharge. The permittee, to the extent known, shall provide the following information: a. Name, address, and telephone number of person reporting; b. Name, address, and telephone number of permittee or responsible person for the discharge; c. Date and time of the discharge and status of discharge (ongoing or ceased). d. Characteristics of the wastewater spilled or released (untreated or treated, industrial or domestic wastewater, or stormwater); e. Estimated amount of the discharge; f. Locations or address of the discharge; g. Source and cause of the discharge; h. Whether the discharge was contained on site and cleanup actions taken to date; i. Description of area affected by the discharge, including name of water body affected, if any; j. Other persons or agencies contacted. Pursuant to 403.077(2)(d), F.S., if the permittee discovers that a reportable pollution release has migrated outside the property boundaries of the installation, the permittee must provide an additional notice to the Department via the Pollution Notice website that the release has migrated outside the property boundaries within 24 hours after discovery. For unauthorized releases or spills of 1,000 gallons or less, per incident, oral reports or facsimiles shall be provided to the Department’s Mining and Mitigation Program at the address(s) listed below, within 24 hours from the time the permittee becomes aware of the discharge. MiningAndMitigation@floridadep.gov Department of Environmental Protection Mining and Mitigation Program 2600 Blair Stone Road, M.S. 3577 Tallahassee, Florida 32399-2400 Permittee: Stewart Materials, LLC. Project: Immokalee Sand Mine File No. MMR_228414-007 Page 11 of 16 Phone: 850-245-7554 and Homeland Office 2001 Homeland Garfield Road Bartow, FL 33830 Phone: 813-578-1150 A written submission shall also be provided to the Department at the address listed above, within five (5) days of the time the permittee becomes aware of the unauthorized release or spill. The written submission shall contain: all of the information listed above, a description of the unauthorized discharge and its cause; the period of the unauthorized discharge including exact dates and time, and if the unauthorized discharge has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the unauthorized discharge. Reports 15. Annual Reports. Annual reports shall be submitted to the Department’s Mining and Mitigation Program indicating the status of the project. The Annual Report for the previous calendar year is due on or before March 1 of each year following permit issuance. These reports shall include the following information: a. Date permitted activity was begun or projected commencement date if work has not begun on site; b. Brief description and extent of work (site preparation, mining operations, restoration) completed since the previous report or since the permit was issued. Indicate on copies of the permit drawings those areas where work has been completed. This description shall include details on clearing, wetland severance, muck removal, storage and placement, and completed earthwork, and planting; c. Brief description of the extent of work (site preparation, mining operations, restoration) anticipated in the next year. Indicate on copies of the permit drawings those areas where it is anticipated that work will be done; d. The results of any pre-mining wildlife and endangered/threatened species surveys conducted during the year. Copies of any permits obtained and a description of activities taken to avoid or relocate these species during the Permittee: Stewart Materials, LLC. Project: Immokalee Sand Mine File No. MMR_228414-007 Page 12 of 16 reporting year shall also be provided; and e. The Annual Status Report shall include a description of problems encountered and solutions undertaken and anticipated work for the following year. Submittals. Unless otherwise specified, all notices, plans, reports, or other documents or information required by this permit shall be submitted to the Department’s Mining and Mitigation Program at the following: MiningAndMitigation@dep.state.fl.us or via regular mail, to: Department of Environmental Protection Mining and Mitigation Program 2600 Blair Stone Road, MS 3577 Tallahassee, Florida 32399-2400a- Reclamation 16. Reclamation. Reclamation, contouring, and revegetation shall be conducted in accordance with Chapter 62C-39, F.A.C. 17. Revegetation of Disturbed Uplands. Upland areas shall be established in the following manner: a. Revegetation 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 and revegetation activities would not interfere with mining operations. b. Mulching, contouring, and other suitable techniques shall be used to enhance stabilization. Should washes or rills develop after revegetation, the permittee shall repair the eroded areas and stabilize the slopes. c. Upland slopes shall be contoured to the standards of Chapter 62C-39, F.A.C. d. Upland revegetation shall at least meet the standards of Chapter 62C-39, F.A.C. 18. Shoreline Treatments. The permittee shall create sloped littoral zone wetlands around the mine pit. These lake littoral zone wetlands shall be created in the following manner: Permittee: Stewart Materials, LLC. Project: Immokalee Sand Mine File No. MMR_228414-007 Page 13 of 16 a. The contouring for the treatment 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. The shorelines shall be constructed as shown in the reclamation plans depicted on the attached Appendix A Sheet 2 of 2, Reclamation Plan. c. Revegetation 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 and revegetation activities would not interfere with mining operations. d. The shorelines shall be revegetated with native plants to meet the reclamation performance standards of Chapter 62C-39, F.A.C. 19. Lake Surface Water Separation. The reclaimed lake shall not connect to off-site wetlands or other surface waters below the 25-year, 24-hour storm stage. Where necessary, berms shall be utilized in low areas to assure a minimum perimeter elevation of 36 feet NGVD. 20. 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. All temporary buildings, pipelines, and other man-made structures shall be removed excepting those that are of sound construction with potential uses that are compatible with the reclamation goals. c. 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. Operation and Maintenance Activities 21. Operating Entity. The permittee shall retain the liability and responsibility for maintenance and security of the system until the permit is transferred to an entity authorized in accordance with sections 12.3 through 12.3.3 of Volume I of the Environmental Permittee: Stewart Materials, LLC. Project: Immokalee Sand Mine File No. MMR_228414-007 Page 14 of 16 Resource Permit Applicants Handbook. 22. Operation and Maintenance. The surface water management system approved in this permit shall meet the following requirements: a. All construction, operation, and maintenance shall be as set forth in the plans, specifications, and performance criteria approved by this permit. b. If revisions or modifications to the permitted project are required by other regulatory agencies, the Department shall be notified of the revisions so that a determination can be made whether a permit modification is required. c. Within 90 days after all mining operations have ceased and reclamation has been completed, the permittee shall submit one set of certified record drawings of the surface water management system as actually constructed and notify the Department that the facilities are ready for inspection and approval. d. Within 30 days after the sale or conveyance of the permitted surface water management system, the land on which the system is located, or portions thereof, the owner in whose name the permit was granted shall notify the Department of such change of ownership. Transfer of this permit or portions thereof, shall be in accordance with the provisions of Chapter 373, F.S., and Section 6.2 and 6.3, A.H. All terms and conditions of this permit shall be binding upon transfer. e. Pursuant to rule 330.310(7)(a), F.A.C., the operation phase of mining activities subject to the land reclamation requirements of Chapter 378, F.S., shall terminate, without the need to apply for abandonment of the permit, after the mine, or its subunits as applicable: i. Has been successfully reclaimed in accordance with Chapter 378, F.S., other than lands disturbed by mining operations that are not subject to the requirements of Chapter 378, F.S.; ii. Has met all success requirements of the individual permit issued under Part IV of Chapter 373, F.S.; when the construction phase of the permit includes all phases of construction, abandonment, reclamation, and final success determination over reclaimed lands; and, iii. Does not contain components that require long-term operation or Permittee: Stewart Materials, LLC. Project: Immokalee Sand Mine File No. MMR_228414-007 Page 15 of 16 maintenance, such as: stormwater management systems; achievement of mitigation success criteria; state-owned submerged lands authorizations; dams; above-grade impoundments; works; water control structures; erosion and sedimentation controls, and dewatering pits. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the subsequent order may modify or take a different position than this action. Petition for Administrative Hearing 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, F.S. Pursuant to Rule 28-106.201, F.A.C., a petition for an administrative hearing 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 Permittee: Stewart Materials, LLC. Project: Immokalee Sand Mine File No. MMR_228414-007 Page 16 of 16 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. The petition 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, or via electronic correspondence at Agency_Clerk@floridadep.gov. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., 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 failure to file a petition 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, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C., 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, or via electronic correspondence at Agency_Clerk@floridadep.gov, before the applicable deadline for filing a petition for an administrative hearing. 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. Mediation Mediation is not available in this proceeding. Permittee: Stewart Materials, LLC. Project: Immokalee Sand Mine File No. MMR_228414-007 Page 17 of 16 Judicial Review Any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, 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 this action is filed with the Clerk of the Department. The files associated with this order are available upon request. Please address your request to MiningAndMitigation@dep.state.fl.us and include the file number in your request. Executed in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Orlando E. Rivera, PWS, CERP Program Administrator Mining and Mitigation Program LIST OF ATTACHMENTS Figures Figure 1 – Location Map Figure 2 – 2016 Aerial Photograph Figure 3 – Existing Land Use Map Figure 4 – Post Mining Phase Drainage Map Figure 5 – USGS Topography Map Figure 11 – Surface Water Locations and Impacts Appendix A Sheet 1 of 2 – Mine Site Plan Sheet 2 of 2 – Reclamation Plan Permittee: Stewart Materials, LLC. Project: Immokalee Sand Mine File No. MMR_228414-007 Page 18 of 16 CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: Copies furnished to (via email): USACE, Jacksonville District, Mining Team – CESAJ- Mine.Team@usace.army.mil DEP, Southeast District: ERP, Monica Sovacool monica.sovacool@dep.state.fl.us DEP, Southeast District: Industrial Wastewater, Paul Sze Paul.sze@dep.state.fl.us DEP, Southeast District: Permitting and Waste Cleanup, Diane.pupa@dep.state.fl.us South Florida Water Management District, Lawrence Gerry lgerry@sfwmd.gov South Florida Water Management District, Anthony Waterhouse twaterho@sfwmd.gov South Florida Water Management District, Karin Smith karsmith@sfwmd.gov Collier County Development Review, MatthewMcLean@colliergov.net FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged. 3/19/2020 Date Clerk SR 82 Lamm RDEdwards Grove RDJohnson RD Wombles RD R evello ST O Qui nn RD Experimental RD Project Location Location Map Stewart Materials, LLC Immokalee Sand Mine Expansion Collier County, Florida 1 20180455.001A 10/4/2017 NL AWN 17-0922--Immokalee Expansion-Location.mxdwww.kleinfelder.com PROJECT NO. DRAWN: DRAWN BY: CHECKED BY: FILE NAME: FIGURE The information included on this graphic representation has been compiled from a variety of sources and is subject to change without notice. Kleinfelder makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information. Sections 18 & 19, Township 46 South, Range 29 East Legend Permitted Project Boundary (219.8 Ac.±) Expansion Project Boundary (231.0 Ac.±) Source: USDA FSA ArcGIS Image Service. Service Name: NAIP\Florida_2015_1m. World Street Map was obtained from ESRI Basemap. £ 1 inch = 1,000 feet 1,000 0 1,000500 Feet Document Path: \\mountdora\MOUNTDORA-DATA\GISCAD\Stewart Mining\_2017\20180455.001A_SMI-Immokalee West Expansion\Maps_ERP\17-0922--ImmokaleeExpansion-Location.mxd; Plotted: 10/4/2017, 11:16:25 AM, NLawrence 2016 Aerial Photograph Stewart Materials, LLC Immokalee Sand Mine Expansion Collier County, Florida 2 20180455.001A 10/4/2017 NL AWN 17-0922--Immokalee Expansion-Aerial.mxdwww.kleinfelder.com PROJECT NO. DRAWN: DRAWN BY: CHECKED BY: FILE NAME: FIGURE The information included on this graphic representation has been compiled from a variety of sources and is subject to change without notice. Kleinfelder makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information. Sections 18 & 19, Township 46 South, Range 29 East Legend Expansion Project Boundary (231.0 Ac.±) Source: 2016 RGB 2.0-foot Orthophotos obtained from the FDOT, Surveying and Mapping Office, Image Services in the form of MrSid format. £ 1 inch = 400 feet 400 0 400200 Feet Document Path: \\mountdora\MOUNTDORA-DATA\GISCAD\Stewart Mining\_2017\20180455.001A_SMI-Immokalee West Expansion\Maps_ERP\17-0922--ImmokaleeExpansion-Aerial.mxd; Plotted: 10/4/2017, 11:27:36 AM, NLawrence 221 514 514 514 514 514 514 514 514 514 514 514 514 514 514 514 514 514 514 514 514 514 514 514514 514 514 514 514 514 514 514 740 221 221 221 221 221221 221 221 221 221 221 221221 221 221 221 514 Existing Land Use Map Stewart Materials, LLC Immokalee Sand Mine Expansion Collier County, Florida 3 20180455.001A 10/4/2017 NL AWN 17-1004--Immokalee Expansion-LandUse.mxdwww.kleinfelder.com PROJECT NO. DRAWN: DRAWN BY: CHECKED BY: FILE NAME: FIGURE The information included on this graphic representation has been compiled from a variety of sources and is subject to change without notice. Kleinfelder makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information. Sections 18 & 19, Township 46 South, Range 29 East Legend Expansion Project Boundary (231.0 Ac.±) Existing Land Use Source: Land Use and Land Cover information prepared by Kleinfelder. The Florida Land Use, Cover and Forms Classification System Handbook, January 1999, was utilized to determine the specific land use classifications. £ 1 inch = 400 feet 400 0 400200 Feet Document Path: \\mountdora\MOUNTDORA-DATA\GISCAD\Stewart Mining\_2017\20180455.001A_SMI-Immokalee West Expansion\Maps_ERP\17-1004--ImmokaleeExpansion-LandUse.mxd; Plotted: 10/4/2017, 1:37:52 PM, NLawrence FLUCFCS CODE LAND USE ACREAGE % 221 Citrus Groves 219.9 95.19 514 Man-Made Ditches 10.2 4.42 740 Disturbed Land 0.9 0.39 Total 231.0 100.00 FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM, 1999 715 15 15 15 17 NRCS Soils Map Stewart Materials, LLC Immokalee Sand Mine Expansion Collier County, Florida 4 20180455.001A 10/4/2017 NL AWN 17-0922--Immokalee Expansion-Soils.mxdwww.kleinfelder.com PROJECT NO. DRAWN: DRAWN BY: CHECKED BY: FILE NAME: FIGURE The information included on this graphic representation has been compiled from a variety of sources and is subject to change without notice. Kleinfelder makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information. Sections 18 & 19, Township 46 South, Range 29 East Legend Expansion Project Boundary (231.0 Ac.±) NRCS Soils 7--Immokalee fine sand, 0 to 2 percent slopes 15--Pomello fine sand, 0 to 2 percent slopes 17--Basinger fine sand, 0 to 2 percent slopes Source: Soils Database for Collier County, Florida obtained from The USDA NRCS Web Soil Survey in the form Shapefile Feature Class. Origin: USDA, Natural Resource Conservation Service. Shapefile = "soilmu_a_fl621". Publication Date: September 14, 2016. £ 1 inch = 400 feet 400 0 400200 Feet Document Path: \\mountdora\MOUNTDORA-DATA\GISCAD\Stewart Mining\_2017\20180455.001A_SMI-Immokalee West Expansion\Maps_ERP\17-0922--ImmokaleeExpansion-Soils.mxd; Plotted: 10/4/2017, 11:43:37 AM, NLawrence USGS Topography Map Stewart Materials, LLC Immokalee Sand Mine Expansion Collier County, Florida 5 20180455.001A 10/4/2017 NL AWN 17-0922--Immokalee Expansion-USGS.mxdwww.kleinfelder.com PROJECT NO. DRAWN: DRAWN BY: CHECKED BY: FILE NAME: FIGURE The information included on this graphic representation has been compiled from a variety of sources and is subject to change without notice. Kleinfelder makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information. Sections 18 & 19, Township 46 South, Range 29 East Legend Expansion Project Boundary (231.0 Ac.±) Source: USA Topo Maps was obtained from ESRI Basemap. Back Drop to Project Boundary represents Quadrangle sheet for Immokalee, Florida £ 1 inch = 2,000 feet 2,000 0 2,0001,000 Feet Document Path: \\mountdora\MOUNTDORA-DATA\GISCAD\Stewart Mining\_2017\20180455.001A_SMI-Immokalee West Expansion\Maps_ERP\17-0922--ImmokaleeExpansion-USGS.mxd; Plotted: 10/4/2017, 11:48:03 AM, NLawrence Zone AH Zone X FEMA Flood Zones Stewart Materials, LLC Immokalee Sand Mine Expansion Collier County, Florida 6 20180455.001A 10/4/2017 NL AWN 17-0922--Immokalee Expansion-Flood.mxdwww.kleinfelder.com PROJECT NO. DRAWN: DRAWN BY: CHECKED BY: FILE NAME: FIGURE The information included on this graphic representation has been compiled from a variety of sources and is subject to change without notice. Kleinfelder makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information. Sections 18 & 19, Township 46 South, Range 29 East Legend Expansion Project Boundary (231.0 Ac.±) FEMA Flood Zones Zone AH - Areas subject to inundation by 1-percent-annual-chance shallow flooding (usually areas of ponding) where average depths are 1–3 feet. BFEs derived from detailed hydraulic analyses are shown in this zone. Zone X (unshaded) - Minimal risk areas outside the 1-percent and 0.2-percent-annual-chance floodplains. No Base Flood Elevations (BFEs) or base flood depths are shown within these zones. Source: The National Flood Hazard Layer (NFHL) data incorporates all Flood Insurance Rate Map (FIRM) databases published by the Federal Emergency Management Agency (FEMA), and any Letters Of Map Revision (LOMRs) that have been issued against those databases since their publication date. Effective Date: July 28, 2017. Panel Number: 12021C0130H. £ 1 inch = 400 feet 400 0 400200 Feet Document Path: \\mountdora\MOUNTDORA-DATA\GISCAD\Stewart Mining\_2017\20180455.001A_SMI-Immokalee West Expansion\Maps_ERP\17-0922--ImmokaleeExpansion-Flood.mxd; Plotted: 10/4/2017, 11:52:04 AM, NLawrence Surface Water Locations and Impacts Stewart Materials, LLC Immokalee Sand Mine Expansion Collier County, Florida 11 20180455.001A 10/4/2017 NL AWN 17-1004--Immokalee Expansion-SW Impacts.mxdwww.kleinfelder.com PROJECT NO. DRAWN: DRAWN BY: CHECKED BY: FILE NAME: FIGURE The information included on this graphic representation has been compiled from a variety of sources and is subject to change without notice. Kleinfelder makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information. Sections 18 & 19, Township 46 South, Range 29 East Legend Expansion Project Boundary (231.0 Ac.±) Hydric Soil Other Surface Waters (10.2 Ac.±) Other Surface Water Impacts (10.2 Ac.±) Upland-Cut Ditches (10.1 Ac.±) Wetland-Cut Ditches (0.1 Ac,±) £ 1 inch = 400 feet 400 0 400200 Feet Document Path: \\mountdora\MOUNTDORA-DATA\GISCAD\Stewart Mining\_2017\20180455.001A_SMI-Immokalee West Expansion\Maps_ERP\17-1004--ImmokaleeExpansion-SW Impacts.mxd; Plotted: 10/4/2017, 2:20:37 PM, NLawrence APPENDIX A Source: Existing contours from Collier County GIS. Source date: Unknown. Spot grade elevations from surveyor: Wilson-Miller. Source date: Unknown. Soils information obtained from the South Florida Water Management District in the form of an ArcInfo Coverage. 0.5 1.0 2.01.50 ORIGINAL SCALE IN INCHES FOR REDUCED PLANS www.kleinfelder.com FILE NAME: ImmokaleeWestExp-SitePlan.dwg REVISED: DRAWN BY: DRAWN: PROJECT NO. CAD FILE: G:\Stewart Mining\_2017\20180455.001A_SMI-Immokalee West Expansion\02-0003 Engineering Support\ LAYOUT: Modified Site Plan PLOTTED: 24 Oct 2017, 10:00am, cblackburn The information included on this graphic representation has been compiled from a variety of sources and is subject to change without notice. Kleinfelder makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information. SHEET 2 20180455.001A MT. DORA 1174 CAMP AVENUE MOUNT DORA, FL 32757 (PH) 352.383.1444 (FX) 352.383.3877 10/24/2017 NL/CLB IMMOKALEE SAND MINE - WEST EXPANSION COLLIER COUNTY, FLORIDA ENVIRONMENTAL RESOURCE PERMIT 1 0250 250125 SCALE: 1 INCH=250 FEET MINE SITE PLAN 1AA'E. Brian Burkhart This item has been digitally signed and sealed by E. Brian Burkhart, PE on the date provided using a Digital Signature. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronic copies. 2019.10.28 15:37:06-04'00' Source: Existing contours from Collier County GIS. Source date: Unknown. Spot grade elevations from surveyor: Wilson-Miller. Source date: Unknown. Soils information obtained from the South Florida Water Management District in the form of an ArcInfo Coverage. 0.5 1.0 2.01.50 ORIGINAL SCALE IN INCHES FOR REDUCED PLANS www.kleinfelder.com FILE NAME:ImmokaleeWestExp- RecPlanRev1.23.2018.dwg REVISED: DRAWN BY: DRAWN: PROJECT NO. CAD FILE: \\mountdora\MOUNTDORA-DATA\GISCAD\Stewart Mining\_2017\20180455.001A_SMI-Immokalee West Expansion\02-0003 Engineering Support\ LAYOUT: Modified Rec Plan PLOTTED: 26 Jan 2018, 8:09am, ccolon The information included on this graphic representation has been compiled from a variety of sources and is subject to change without notice. Kleinfelder makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information. SHEET 2 20180455.001A MT. DORA 1174 CAMP AVENUE MOUNT DORA, FL 32757 (PH) 352.383.1444 (FX) 352.383.3877 10/24/2017 NL/CLB/CTC IMMOKALEE SAND MINE - WEST EXPANSION COLLIER COUNTY, FLORIDA ENVIRONMENTAL RESOURCE PERMIT 2 0250 250125 SCALE: 1 INCH=250 FEET RECLAMATION PLAN 2 LAKE 427.83 ACRES 01/23/2018 E. Brian Burkhart This item has been digitally signed and sealed by E. Brian Burkhart, PE on the date provided using a Digital Signature. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronic copies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rian Burkhart This item has been digitally signed and sealed by E. Brian Burkhart, PE on the date provided using a Digital Signature. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronic copies. 2019.10.28 15:36:34-04'00' KLF Project #20180455.001A Page 3 of 5 December 2017 MOU17R66725 STORMWATER MANAGEMENT CALCULATIONS The stormwater management calculations for Stewart Materials Inc. Immokalee Mine Expansion were performed to evaluate the stormwater runoff and storage associated with the mining and post-mining conditions of the existing permitted area and the proposed expansion area. The storage calculations were performed using a seasonal high water level (SHWL) of 34.0 feet-NGVD (FDEP ERP 0228414-003) and a rainfall depth of 10.2 inches for the 25-year, 72-hour storm event obtained from the NOAA Atlas 14, Volume 9, Version 2 for Immokalee, Florida (refer to Exhibit 1). The existing permitted area and the proposed expansion area are divided into two drainage areas during the pre-mining phase conditions with a total area of 447.95 acres (refer to Exhibit 2). The stormwater management calculations indicate that both the proposed mine pit and post-mining lake will provide sufficient storage to retain the total runoff volume from the 25-year, 72-hour storm event. No discharges are expected from the mine pits and lakes during the mining and post-mining phase conditions, respectively. MINING PHASE The worst case scenario during mining would occur after the topsoil has been removed and relocated to the perimeter of the mining area to create a berm, and before any excavation has commenced. At this time, the site itself would be utilized as the stormwater pond for any rainfall falling on the proposed site. The top of the berm surrounding the mining area will need to be a minimum of one (1) foot above existing grade to retain the total runoff volume generated by the 25-year, 72-hour storm event. As shown on the proposed Mine Site Plan, the topsoil will be stored to a minimum height of five (5) feet above grade, allowing more than four (4) feet of freeboard. Additionally, the removal of the overburden itself will create supplementary stormwater storage volume between the existing grade and the SHWL. The existing permitted area and the proposed expansion area are comprised of one drainage area during the mining phase conditions with a total area of 438.31 acres (refer to Exhibit 3). The total drainage area was defined using the top of the berm. POST - MINING PHASE Upon completion of mining operations, the berm surrounding the site will be reduced to a minimum elevation of 36 feet-NGVD and the extraction site will be converted into a lake. The top of the berm of the existing permitted area and proposed expansion area is considered the limit of the drainage basin. The post-mining phase drainage area will be approximately 433.77 acres (refer to Exhibit 4). The total drainage area was defined using the top of the berm. The lowest outfall elevation will be 36 feet-NGVD. The available storage volume in the lake was calculated using a SHWL of 34.0 feet-NGVD and 100 % impervious basin area. Runoff Volume = (433.77 ac x 10.2 in/12 in) = 368.70 ac-ft KLF Project #20180455.001A Page 4 of 5 December 2017 MOU17R66725 Available Storage Volume (V): The proposed post-mining phase lake is 417.61 acres at the SHWL of 34 ft-NGVD and 419.96 acres at the top of berm (internal area) of 36 ft- NGVD. The difference in elevation within the available storage volume is 2 feet. V = [(417.61 + 419.96)/2] x 2 = 837.57 ac-ft Freeboard Calculation (FB): V = [(A1 + A2)/2] x H 𝑯= 𝑉 (𝐴1 +𝐴2 2 ) Where; V = runoff volume, ac-ft A1 = lake area at the SHWL, acres A2 = lake area at the top of berm, acres H = water depth above the SHWL, ft 𝑯= 368.70 (417.61 +419.96 2 ) H = 0.88 ft The water level (WL) in the lake after the 25-year, 24-hour storm event is equal to the SHWL plus H. WL = 34.00 + 0.88 = 34.88 feet-NGVD FB = top of berm elevation – WL FB = 36.00 – 34.88 = 1.12 feet The lake will retain the total runoff volume from the 25-year, 72-hour storm event and provide a freeboard of approximately 1.12 feet. KLF Project #20180455.001A Page 5 of 5 December 2017 MOU17R66725 Limitations This work was performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder’s profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions, and recommendations are based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no other representation, guarantee, or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. This report may be used only by the Client and the registered design professional in responsible charge and only for the purposes stated for this specific engagement within a reasonable time from its issuance, but in no event later than two (2) years from the date of the report. The work performed was based on project information provided by Client. If Client does not retain Kleinfelder to review any plans and specifications, including any revisions or modifications to the plans and specifications, Kleinfelder assumes no responsibility for the suitability of our recommendations. In addition, if there are any changes in the field to the plans or specifications, Client must obtain written approval from Kleinfelder’s engineer that such changes do not affect our recommendati ons. Failure to do so will vitiate Kleinfelder’s recommendations. NOAA Atlas 14, Volume 9, Version 2 Location name: Immokalee, Florida, USA* Latitude: 26.4683°, Longitude: -81.4612° Elevation: 33.34 ft** * source: ESRI Maps ** source: USGS POINT PRECIPITATION FREQUENCY ESTIMATES Sanja Perica, Deborah Martin, Sandra Pavlovic, Ishani Roy, Michael St. Laurent, Carl Trypaluk, Dale Unruh, Michael Yekta, Geoffery Bonnin NOAA, National Weather Service, Silver Spring, Maryland PF_tabular | PF_graphical | Maps_&_aerials PF tabular PDS-based point precipitation frequency estimates with 90% confidence intervals (in inches)1 Duration Average recurrence interval (years) 1 2 5 10 25 50 100 200 500 1000 5-min 0.538 (0.429-0.678) 0.609 (0.484-0.768) 0.725 (0.575-0.918) 0.822 (0.648-1.05) 0.956 (0.731-1.26) 1.06 (0.793-1.42) 1.16 (0.844-1.61) 1.27 (0.886-1.82) 1.41 (0.949-2.09) 1.52 (0.997-2.30) 10-min 0.788 (0.628-0.993) 0.892 (0.709-1.13) 1.06 (0.842-1.34) 1.20 (0.949-1.53) 1.40 (1.07-1.85) 1.55 (1.16-2.08) 1.70 (1.24-2.36) 1.86 (1.30-2.66) 2.07 (1.39-3.06) 2.22 (1.46-3.36) 15-min 0.961 (0.765-1.21) 1.09 (0.865-1.37) 1.30 (1.03-1.64) 1.47 (1.16-1.87) 1.71 (1.31-2.25) 1.89 (1.42-2.54) 2.08 (1.51-2.88) 2.27 (1.58-3.25) 2.52 (1.70-3.73) 2.71 (1.78-4.10) 30-min 1.48 (1.18-1.86) 1.67 (1.33-2.11) 1.99 (1.58-2.52) 2.26 (1.78-2.87) 2.63 (2.01-3.47) 2.91 (2.18-3.91) 3.20 (2.32-4.43) 3.49 (2.44-5.00) 3.88 (2.61-5.75) 4.18 (2.74-6.32) 60-min 1.95 (1.56-2.46) 2.20 (1.75-2.78) 2.61 (2.07-3.31) 2.96 (2.33-3.76) 3.44 (2.63-4.54) 3.82 (2.86-5.13) 4.20 (3.04-5.81) 4.59 (3.20-6.57) 5.11 (3.44-7.58) 5.52 (3.62-8.34) 2-hr 2.43 (1.94-3.04) 2.73 (2.18-3.42) 3.23 (2.58-4.06) 3.66 (2.90-4.62) 4.25 (3.27-5.58) 4.72 (3.56-6.31) 5.19 (3.79-7.15) 5.68 (3.99-8.09) 6.34 (4.30-9.34) 6.85 (4.53-10.3) 3-hr 2.65 (2.13-3.31) 2.99 (2.40-3.73) 3.55 (2.84-4.44) 4.03 (3.20-5.07) 4.70 (3.64-6.16) 5.24 (3.97-6.99) 5.79 (4.25-7.95) 6.36 (4.49-9.04) 7.14 (4.86-10.5) 7.74 (5.14-11.6) 6-hr 3.01 (2.43-3.72) 3.43 (2.77-4.25) 4.15 (3.34-5.17) 4.78 (3.82-5.98) 5.68 (4.43-7.42) 6.41 (4.89-8.52) 7.17 (5.30-9.81) 7.97 (5.67-11.3) 9.07 (6.22-13.3) 9.93 (6.64-14.8) 12-hr 3.34 (2.71-4.11) 3.90 (3.17-4.81) 4.87 (3.94-6.02) 5.73 (4.61-7.12) 6.98 (5.49-9.10) 8.01 (6.15-10.6) 9.08 (6.76-12.4) 10.2 (7.33-14.4) 11.8 (8.17-17.2) 13.1 (8.81-19.3) 24-hr 3.80 (3.10-4.65) 4.46 (3.64-5.46) 5.62 (4.57-6.90) 6.67 (5.40-8.23) 8.23 (6.52-10.7) 9.53 (7.37-12.6) 10.9 (8.19-14.8) 12.4 (8.96-17.4) 14.5 (10.1-21.0) 16.2 (11.0-23.7) 2-day 4.50 (3.70-5.47) 5.18 (4.26-6.30) 6.42 (5.25-7.83) 7.56 (6.15-9.27) 9.29 (7.42-12.0) 10.8 (8.39-14.1) 12.3 (9.32-16.7) 14.0 (10.2-19.6) 16.5 (11.6-23.8) 18.5 (12.6-26.9) 3-day 5.01 (4.13-6.06) 5.77 (4.75-6.99) 7.13 (5.85-8.66) 8.36 (6.83-10.2) 10.2 (8.18-13.2) 11.8 (9.20-15.4) 13.4 (10.2-18.1) 15.2 (11.1-21.2) 17.8 (12.5-25.5) 19.8 (13.6-28.8) 4-day 5.47 (4.52-6.60) 6.30 (5.20-7.61) 7.75 (6.38-9.40) 9.06 (7.42-11.0) 11.0 (8.81-14.1) 12.6 (9.87-16.4) 14.3 (10.9-19.1) 16.1 (11.8-22.3) 18.7 (13.2-26.7) 20.8 (14.3-30.0) 7-day 6.78 (5.63-8.14) 7.71 (6.40-9.27) 9.31 (7.70-11.2) 10.7 (8.80-13.0) 12.7 (10.2-16.1) 14.3 (11.3-18.4) 16.0 (12.2-21.3) 17.8 (13.1-24.4) 20.3 (14.4-28.7) 22.2 (15.4-32.0) 10-day 8.02 (6.68-9.59) 9.01 (7.49-10.8) 10.7 (8.85-12.8) 12.1 (9.98-14.6) 14.1 (11.3-17.7) 15.7 (12.4-20.1) 17.4 (13.3-22.9) 19.1 (14.1-26.0) 21.5 (15.3-30.3) 23.3 (16.2-33.4) 20-day 11.6 (9.72-13.8) 12.8 (10.7-15.2) 14.7 (12.2-17.5) 16.2 (13.5-19.4) 18.3 (14.8-22.7) 19.9 (15.8-25.2) 21.5 (16.5-28.0) 23.2 (17.1-31.2) 25.3 (18.1-35.2) 26.9 (18.8-38.3) 30-day 14.6 (12.2-17.2) 16.0 (13.4-18.9) 18.2 (15.2-21.6) 19.9 (16.6-23.8) 22.2 (17.9-27.3) 23.9 (19.0-30.0) 25.6 (19.7-33.1) 27.2 (20.2-36.3) 29.2 (20.9-40.4) 30.6 (21.5-43.4) 45-day 18.2 (15.4-21.5) 20.0 (16.9-23.6) 22.8 (19.1-27.0) 24.9 (20.8-29.6) 27.6 (22.3-33.7) 29.6 (23.5-36.8) 31.3 (24.2-40.2) 33.0 (24.5-43.8) 34.9 (25.1-48.0) 36.2 (25.6-51.2) 60-day 21.3 (18.0-25.1) 23.5 (19.9-27.7) 26.8 (22.6-31.7) 29.4 (24.6-34.9) 32.6 (26.3-39.5) 34.7 (27.6-43.0) 36.7 (28.3-46.8) 38.4 (28.6-50.8) 40.4 (29.1-55.2) 41.6 (29.4-58.6) 1 Precipitation frequency (PF) estimates in this table are based on frequency analysis of partial duration series (PDS). Numbers in parenthesis are PF estimates at lower and upper bounds of the 90% confidence interval. The probability that precipitation frequency estimates (for a given duration and average recurrence interval) will be greater than the upper bound (or less than the lower bound) is 5%. Estimates at upper bounds are not checked against probable maximum precipitation (PMP) estimates and may be higher than currently valid PMP values. Please refer to NOAA Atlas 14 document for more information. Back to Top Page 1 of 4Precipitation Frequency Data Server 9/28/2017https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_printpage.html?lat=26.4683&lon=-81.4612&data=depth&units... EXHIBIT 1: PF graphical Back to Top Page 2 of 4Precipitation Frequency Data Server 9/28/2017https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_printpage.html?lat=26.4683&lon=-81.4612&data=depth&units... Maps & aerials Small scale terrain Large scale terrain Large scale map + – 3km 2mi + – 100km 60mi + – 100km 60mi Page 3 of 4Precipitation Frequency Data Server 9/28/2017https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_printpage.html?lat=26.4683&lon=-81.4612&data=depth&units... Large scale aerial Back to Top US Department of Commerce National Oceanic and Atmospheric Administration National Weather Service National Water Center 1325 East West Highway Silver Spring, MD 20910 Questions?: HDSC.Questions@noaa.gov Disclaimer + – 100km 60mi Page 4 of 4Precipitation Frequency Data Server 9/28/2017https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_printpage.html?lat=26.4683&lon=-81.4612&data=depth&units... 35 40 4035 35 35 35 35 35 3 5 35 35 35 35 35 35 3535 35 3535 3535DA-2 DA-1 Pre-Mining PhaseDrainage Map Stewart Materials, Inc.Western Immokalee Mine ExpansionCollier County, Florida 2 20180455.001A 12/4/2017 CTC BN Pre Mining PhaseDrainage Map.mxdwww.kleinfelder.com PROJECT NO. DRAWN: DRAWN BY: CHECKED BY: FILE NAME: EXHIBITThe information included on this graphic representation has beencompiled from a variety of sources and is subject to change withoutnotice. Kleinfelder makes no representations or warranties, expressor im plied, as to accuracy, completeness, timeliness, or rights to theuse of such information. This document is not intended for use as aland survey product nor is it designed or intended as a constructiondesign document. The use or misuse of the information containedon this graphic representation is at the sole risk of the party using ormisusing the information. Sections 18 & 19, Township 46 South, Range 29 East Lege nd Permitted Project Boundary (219 .8 Ac.±) Expansio n Project Boundary (2 31.0 Ac.±) Surface Flow Directio n (Off-Site) Surface Flow Directio n (On -Site) Existing Conto urs (ft-NGVD) Existing Agricultural Ditch (Off-Site) Existing Agricultural Ditch (On-Site) Pre Mining Phase Drainage Ar ea DA-1 = 211.3 3 Ac. DA-2 = 236.6 2 Ac. £ 1 inch = 550 feet 500 0 500250 Feet Document Path: \\mountdora\MOUNTDORA-DATA\GISCAD\Stewart Mining\_2017\20180455.001A_SMI-Immokalee West Expansion\Stormwater\GIS\ImmokaleeExpansion-PreMining Phase Drainage Map.mxd; Plotted: 12/4/2017, 9:33:01 AM, ccolon 35 40 35 35 35 3535 35 403 5 35 35 35 35 35 35 35 3535 35 35 3 5 35 DA-1_2 Mining PhaseDrainage Map Stewart Materials, Inc.Western Immokalee Mine ExpansionCollier County, Florida 3 20180455.001A 12/4/2017 CTC BN Mining PhaseDrainage Map.mxdwww.kleinfelder.com PROJECT NO. DRAWN: DRAWN BY: CHECKED BY: FILE NAME: EXHIBITThe information included on this graphic representation has beencompiled from a variety of sources and is subject to change withoutnotice. Kleinfelder makes no representations or warranties, expressor im plied, as to accuracy, completeness, timeliness, or rights to theuse of such information. This document is not intended for use as aland survey product nor is it designed or intended as a constructiondesign document. The use or misuse of the information containedon this graphic representation is at the sole risk of the party using ormisusing the information. Sections 18 & 19, Township 46 South, Range 29 East Lege nd Permitted Project Boundary (219 .8 Ac.±) Expansio n Project Boundary (2 31.0 Ac.±) Surface Flow Directio n (Off-Site) Surface Flow Directio n (On -Site) Existing Conto urs (ft-NGVD) Existing Agricultural Ditch (Off-Site) Mining Phase Drainage Area DA-1_2 = 438.31 Ac. (To p of Berm) £ 1 inch = 550 feet 500 0 500250 Feet Document Path: \\mountdora\MOUNTDORA-DATA\GISCAD\Stewart Mining\_2017\20180455.001A_SMI-Immokalee West Expansion\Stormwater\GIS\ImmokaleeExpansion-Mining Phase Drainage Map.mxd; Plotted: 12/4/2017, 9:58:01 AM, ccolon 35 40 353 5 35 35 35 3535 40DA-1_2 363532 24 -49Post-Mining PhaseDrainage Map Stewart Materials, Inc.Western Immokalee Mine ExpansionCollier County, Florida 4 20180455.001A 12/4/2017 CTC BN Post Mining PhaseDrainage Map.mxdwww.kleinfelder.com PROJECT NO. DRAWN: DRAWN BY: CHECKED BY: FILE NAME: EXHIBIT The information included on this graphic representation has beencompiled from a variety of sources and is subject to change withoutnotice. Kleinfelder makes no representations or warranties, expressor im plied, as to accuracy, completeness, timeliness, or rights to theuse of such information. This document is not intended for use as aland survey product nor is it designed or intended as a constructiondesign document. The use or misuse of the information containedon this graphic representation is at the sole risk of the party using ormisusing the information. Sections 18 & 19, Township 46 South, Range 29 East Lege nd Permitted Project Boundary (219 .8 Ac.±) Expansio n Project Boundary (2 31.0 Ac.±) Surface Flow Directio n (Off-Site) Surface Flow Directio n (On -Site) Post-Min ing Phase Contours (ft-NGVD) Existing Agricultural Ditch (Off-Site) Post Mining Phase Drainage Ar ea DA-1_2 = 433.77 Ac. (To p of Berm) £ 1 inch = 550 feet 500 0 500250 Feet Document Path: \\mountdora\MOUNTDORA-DATA\GISCAD\Stewart Mining\_2017\20180455.001A_SMI-Immokalee West Expansion\Stormwater\GIS\ImmokaleeExpansion-Post Mining Phase Drainage Map.mxd; Plotted: 12/4/2017, 9:48:40 AM, ccolon APPENDIX F B1B2B3 B4 B6 B7B8 -81.464 -81.462 -81.46 -81.458 -81.456 -81.454 -81.452 26.464 26.466 26.468 26.47 26.472 85 80 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 Grey fine silica sand Light brown fine silica sand Light brown clayey silica sand Light brown sandy clay Offwhite to light grey medium silica sand Light greyish coarse sand Light grey medium sand Light grey fine sand Hole # :1 DRILLING LOG Method: PROJECT: PROJECT #: NORTHING: EASTING: Angle:Date:2/24/2016 Immokalee Phase II 5667-81.459093 26.469898 90 Sonic 2875 Jupiter Park Drive , Suite 1100, Jupiter,Fl,33458 561-9724517 85 80 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 Grey fine silica sand Light brown fine silica sand Light brown clayey silica sand yellowish brown sandy clay Offwhite to light grey medium silica sand Greyish coarse silica sand Grey medium sand Hole # :2 DRILLING LOG Method: PROJECT: PROJECT #: NORTHING: EASTING: Angle:Date:2/24/2016 Immokalee Phase II 5667-81.460432 26.470084 90 Sonic 2875 Jupiter Park Drive , Suite 1100, Jupiter,Fl,33458 561-9724517 76 72 68 64 60 56 52 48 44 40 36 32 28 24 20 16 12 8 4 Light brown fine silica sand Light brown clayey silica sand Light grey sandy clay Offwhite to light grey medium to fine sand Greyish medium silica sand Hole # :3 DRILLING LOG Method: PROJECT: PROJECT #: NORTHING: EASTING: Angle:Date:2/25/2016 Immokalee Phase II 5667-81.462483 26.470027 90 Sonic 2875 Jupiter Park Drive , Suite 1100, Jupiter,Fl,33458 561-9724517 85 80 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 Grey fine silica sand Light brown fine silica sand Dark brown fine silica sand Light brown clayey silica sand Offwhite to light grey medium silica sand Offwhite to light grey medium to coarse silica sand. Light grey coarse silica sand Light grey medium silica sand Hole # :4 DRILLING LOG Method: PROJECT: PROJECT #: NORTHING: EASTING: Angle:Date:2/29/2016 Immokalee Phase II 5667-81.459692 26.46624 90 Sonic 2875 Jupiter Park Drive , Suite 1100, Jupiter,Fl,33458 561-9724517 85 80 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 Light brown fine silica sand Yellowish brown fine clayey sand Greenish grey clayey sand Offwhite to light grey medium silica sand Light grey coarse silica sand Light grey medium to fine sand Hole # :6 DRILLING LOG Method: PROJECT: PROJECT #: NORTHING: EASTING: Angle:Date:3/1/2016 Immokalee Phase II 5667-81.458968 26.462757 90 Sonic 2875 Jupiter Park Drive , Suite 1100, Jupiter,Fl,33458 561-9724517 85 80 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 Grey fine silica sand Light brown fine silica sand Brown fine silica sand Greyish sandy clay Offwhite to light grey medium silica sand Light grey coarse silica sand Light grey medium to coarse silica sand Hole # :7 DRILLING LOG Method: PROJECT: PROJECT #: NORTHING: EASTING: Angle:Date:3/2/2016 Immokalee Phase II 5667-81.459017 26.47359 90 Sonic 2875 Jupiter Park Drive , Suite 1100, Jupiter,Fl,33458 561-9724517 85 80 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 Light brown fine silica sand Light brown sandy clay Light grey sandy clay Offwhite to grey medium silica sand Light grey coarse silica sand Light grey medium to fine silica sand Hole # :8 DRILLING LOG Method: PROJECT: PROJECT #: NORTHING: EASTING: Angle:Date:3/3/2016 Immokalee Phase II 5667-81.460556 26.473533 90 Sonic 2875 Jupiter Park Drive , Suite 1100, Jupiter,Fl,33458 561-9724517 APPENDIX L GROUNDWATER QUALITY MONITORING PLAN IMMOKALEE SAND MINE, WEST EXPANSION ENVIRONMENTAL RESOURCE PERMIT APPLICATION COLLIER COUNTY, FLORIDA Submitted to: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Mining and Mitigation Program Bob Martinez Center 2600 Blair Stone Road, M.S. 3577 Tallahassee, FL 32399 Prepared for: 2875 Jupiter Park Drive, Suite 1100 Jupiter, FL 33458 Prepared by: 1174 Camp Avenue Mount Dora, Florida 32757 October 2019 20193253.001A/02 | MOU19R102843 2 TABLE OF CONTENTS 1.0 INTRODUCTION ................................................................................................... 3  2.0 WATER QUALITY MONITORING PLAN ............................................................... 3   2.1     Monitoring Location ........................................................................................... 3  2.1.1     Surficial Aquifer Monitoring Well ................................................................ 3  2.2     Well Monitoring .................................................................................................. 4  2.2.2     Annual Monitoring ..................................................................................... 6  LIST OF FIGURES Figure 1: Monitoring Well Location 3 1.0 INTRODUCTION The purpose of this monitoring plan is to outline the water quality monitoring and reporting at the Stewart Materials, Immokalee Sand Mine, in association with an Environmental Resource Permit (ERP) application proposing a westward expansion. Proposed monitoring will involve groundwater quality sampling from one downgradient monitoring well located south of the proposed mine lake as shown in Figure 1. The active commercial sand mine operation and the proposed westward expansion are located approximately 1.25 miles southwest of the intersection of State Road 29 and State Road 82, northwest of Immokalee, in Sections 18 and 19, Township 46 South, Range 29 East, Collier County, Florida. This groundwater quality monitoring plan is prepared in fulfillment of Section 8.3.2 of the Statewide Environmental Resource Permit (SWERP) Applicant’s Handbook, Volume I, which requires that Class G-I and G-II groundwater meet primary and secondary drinking water quality standards for public water systems established pursuant to Sections 403.850 through 403.864, F.S., and listed in Chapters 62-550.310 and 62-550.320, F.A.C. 2.0 WATER QUALITY MONITORING PLAN The purpose of the monitoring program is to meet the requirement of Section 8.3.2 of the SWERP Applicant’s Handbook, Volume I. The establishment of a monitoring program will allow 1) background water quality levels to be determined prior to mining, and 2) water quality levels over the course of mining to be monitored in relation to background levels and water quality standards. A Water Quality Monitoring Report will be included with the Annual Mining Status Report submitted each year to the FDEP. 2.1 Monitoring Location 2.1.1 Surficial Aquifer Monitoring Well The proposed Water Quality Monitoring Well (WQMW), identified as WQMW-1 will be located south of the proposed mine lake expansion (Figure 1). The monitoring well will be installed to total depths of approximately 15 feet below land surface (bls), with 2-inch diameter PVC casing extending to approximately 5 feet bls and 2-inch diameter PVC screen from approximately 5 to 15 feet bls. The filter pack will consist of silica sand to within 2 feet of land surface. The filter pack and screen slots will be sized such that the slot size retains at least 90% of the filter pack material. A bentonite well seal, approximately 0.5-foot thick, will be emplaced on top of the filter pack. The bentonite seal will be topped with Portland cement to land surface. A vent hole will be drilled in the casing extending above land surface. Monitor well surface completion will include installation of a protective well cover and 2-feet by 2-feet concrete pads. The concrete pad will slope away from the wellhead to facilitate drainage. 4 The well will be developed by either over-pumping or air lift until free of drilling fluid, cuttings, or other materials introduced during construction. Turbidity will be field monitored during development to ascertain an acceptable reduction in turbidity has been achieved, and levels have stabilized. A minimum of 5 well volumes will be purged during development, in addition to 5 times the equivalent volumes of fluids lost to the formation during drilling. The well will be constructed by a licensed water well contractor, and a Florida-licensed professional geologist will be on site during construction to log well cuttings and verify construction details. Well construction and development details will be properly documented in the field by a qualified professional (e.g. geologist or engineer). A licensed professional surveyor and mapper will survey the elevation of a vertical measuring point on the casing of the well and at land surface, referenced to the NAVD 1988 vertical datum. Well elevation will be surveyed to a precision of +/- 0.01-foot. The licensed surveyor will also survey horizontal coordinates of the well in Florida State Plane East Zone (NAD 83, feet) coordinates. The FDEP will be provided a minimum of 72-hours notice prior to installation of the monitoring well. Well construction activities will be documented, including final well construction details and quantities of materials used, development duration and rate, turbidity values measured during development, and final surveyed elevations and well horizontal coordinates. Within 30 days of installation, a well completion report and lithologic description for the well will be provided to the FDEP using the appropriate agency form. 2.2 Groundwater Monitoring 2.2.1 Background Monitoring Background sampling will be conducted for primary and secondary drinking water analytes, per Chapter 62-550, F.A.C. Data collection in the expansion area will be conducted semi-annually in the year prior to mining on the expansion area to capture a wet season and dry season cycle. Sampling will occur per the FDEP Standard Operating Procedures (SOPs) found in Chapter 62-160, F.A.C. Samples will be analyzed by a National Environmental Laboratory Accreditation Program (NELAP) laboratory certified by the Department of Health (DOH). Groundwater samples will be collected using a peristaltic pump and new disposable tubing. The well will be purged until field parameters (temperature, specific conductance, dissolved oxygen, and turbidity) are stable as determined by a properly calibrated meter. Following stabilization of field parameters, samples will be collected from the 5 monitoring well, placed into laboratory-supplied containers, and immediately placed into a laboratory-supplied cooler with wet ice. Packing, transport, and handling of samples will comply with appropriate temperatures and hold times prior to analysis. Primary and Secondary Drinking Water parameters (from Chapter 62-550, F.A.C.) shown in Table 1 below will be sampled and analyzed as part of background sampling for the monitoring well. Results obtained for the expansion area prior to the commencement of mining will be considered existing background water quality levels. Based on the sampling results, the groundwater in the expansion area will be classified as defined in Chapter 62-520, F.A.C. prior to the commencement of mining Table 1. Primary and Secondary Groundwater Analytes for Background Monitoring Inorganic Compounds Volatile Organic Compounds Antimony 1,1-Dichloroethylene 1,1-Dichloroethylene Arsenic 1,1,1-Trichloroethane 1,1,1-Trichloroethane Barium 1,1,2-Tricholoroethane 1,1,2-Tricholoroethane Beryllium 1,2-Dichloroethane 1,2-Dichloroethane Cadmium 1,2-Dichloropropane 1,2-Dichloropropane Chromium 1,2,4-Tricholorobenzene 1,2,4-Tricholorobenzene Cyanide (as free cyanide) Benzene Benzene Fluoride Carbon tetrachloride Carbon tetrachloride Lead cis-1,2-Dichloroethylene cis-1,2-Dichloroethylene Mercury Dichloromethane Dichloromethane Nickel Ethylbenzene Ethylbenzene Nitrate Monochlorobenzene Monochlorobenzene Nitrite o-Dichlorobenzene o-Dichlorobenzene Total Nitrate and Nitrite para-Dichlorobenzene Selenium Styrene Styrene Sodium Tetrachloroethylene Tetrachloroethylene Thallium Toluene Toluene trans-1,2-Dichloroethylene Secondary Contaminants Trichloroethylene Aluminum Vinyl chloride Chloride Xylenes (total) Copper Fluoride Disinfection Byproducts Iron TTHM Manganese HAA5 Silver Bromate Sulfate Chlorite Zinc 6 Color Disinfectant Residuals Odor Chlorine pH Chloramines Total Dissolved Solids Foaming Agents Radionuclides Combined radium-226 & radium-228 Gross alpha Uranium 2.2.2 Annual Monitoring Previous groundwater characterization conducted in association with the application for ERP No. MMR_228414-005 did not detect any tested analytes at levels exceeding applicable water quality standards. Additionally, no chemical additives, except water conditioners or FDEP approved pH adjusters have been authorized by permit for water used in association with transport, washing, and/or processing the sand. Because there is no record of water quality pollution and no chemical additives are being used in association with the mining operation, a frequency of annual monitoring was deemed appropriate. Following background monitoring, water quality samples will be collected annually from WQMW-1 and analyzed for the parameters shown below in Table 2. Results of the annual water quality sampling results will be compared with background results and graphed as a function of time in order to determine the development of any deviations or adverse trends associated with mining. Annual monitoring results will be submitted to the FDEP as part of the Annual Mining Report submitted to the FDEP. Monitoring will continue a minimum of three years following the commencement of mining after which the applicant may request the removal of the groundwater monitoring requirement, if concentrations are either less than the drinking water standards or do not exceed established background values by greater than 10%. Table 2. Groundwater Analytes for Annual Monitoring Parameter Compliance Limit Sample Type Water Level Relative to feet NAVD/NGVD Report In situ Nitrogen, Nitrate, Total (as N) 10 mg/L Grab Total Dissolved Solids (TDS) 500 mg/L Grab Chloride (as Cl) 250 mg/L Grab Gross Alpha 15 pCi/L Grab Radium-226 5 pCi/L (combined) Grab 7 Radium-228 5 pCi/L (combined) Grab pH 6.5-8.5 In-situ Sulfate, Total 250 mg/L Grab Turbidity Report In-situ Water Temperature (degrees Celsius) Report In-situ Specific Conductance Report In situ Dissolved Oxygen (DO) Report In-situ If any of the minimum groundwater quality criteria or natural background levels are exceeded during annual monitoring, the FDEP shall be notified within one week of receipt of the sample results, after which any parameters exceeding minimum criteria will be resampled and testing results provided to the FDEP within 14 days of resampling. If any parameters are still in exceedance of minimum criteria following resampling, an analysis of the cause of exceedance and a remediation plan to modify the mining operation as needed to restore the parameters to the minimum criteria will be provided to the FDEP within 30 days. FIGURES !.The information included on this graphic representation has been compiled from avariety of sources and is subject to change without notice. Kleinfelder makes norepresentations or warranties, express or implied, as to accuracy, completeness,timeliness, or rights to the use of such information. This document is not intendedfor use as a land survey product nor is it designed or intended as a constructiondesign document. The use or misuse of the information contained on this graphicrepresentation is at the sole risk of the party using or misusing the information.Water Quality Monitoring PlanImmokalee Sand MineStewart Materials, LLCCollier County, Florida120193253.001A10/30/2019NLAWN 19-1028--SMIImmokalee-WQ Monitoring.mxdSections 18 & 19, Township 46 South, Range 29 EastLegendPermitted Project Boundary (219.8 Ac.±)Expansion Project Boundary (231.0 Ac.±)Permitted Mining Area (183.7 Ac.±)Additional Proposed Mining Area withinPermitted Boundary (21.65 Ac.±)Expansion Mining Area (220.69 Ac.±)!.Water Quality Monitoring WellSource: 2019 2.0-foot Natural-Color Orthophotos obtained from Collier County Property Appraiser's Office,£1 inch = 500 feet5000500250FeetPROJECT NO.DRAWN:DRAWN BY:CHECKED BY:FILE NAME:FIGUREDocument Path: \\Mountdora\mountdora-data\GISCAD\Stewart Mining\_2019\20193253.001A_SMI Requested Services CY 2019\02-0000 Immokalee RS\19-1028--SMI Immokalee-WQ Monitoring.mxd; Plotted: 10/30/2019, 12:55:50 PM, NLawrencewww.kleinfelder.com