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Resolution 1996-482/DO 96-02 RESOLUTION NO. 96 OCT 2 2 :396 DEVELOPMENT ORDER NO. - 2 A RESOLUTiON AMENDING DEVELOPMENT ORDER 86-1, AS PREVIOUSLY AMENDED, FOR THE WOODLANDS DEVELOPMENT OF REGIONAL IMPACT ("DRI"), BY PROVIDING FOR, AMENDMENTS TO FINDINGS OF FACT SECTION; AMENDMENTS TO SECTION 1, DRAINAGE/WATER QUALITY; AMENDMENTS TO SECTION 4, HISTORICAL/ARCHAEOLOGICAL; AMENDMENTS TO SECTION 5, TRANSPORTATION; AMENDMENTS TO SECTION 6, VEGETATION AND WILDLIFE; AMENDMENTS TO SECTION 7, WETLANDS; AMENDMENTS TO SECTION 8, CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN; AMENDMENTS TO SECTION 10, FIRE, BY THE DELETION THEREOF; EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, on August 8, 1996, the Developer, Immokalee Roaa Partnership, filed an application for proposed changes to The Woodlands DR! Development Order, as amended, and to modify the approved Woodlands Master Plan, (Map H), which, as approved, is attached hereto as Exhibit "A"; and WHEREAS, rmmokalee Road Partnership and Greg Cabiness have obtained all necessary approvals and conditional approvals from the various Collier County agencies, departments, and boards required as a condition to Planned Unit Development (PUD) zoning and DRI approval.; and WHEREAS, the Board of County Corr.missioners as the governing body of the unincorporated area of Collier County having I:. jurisdiction pursuant to Chapter 380.06 is authorized and empowered to consider Applications for Development Approval (ADAl for Developments of Regional Impact; and WHEREAS, the public notice requirements of Chapter 380.06 and the Collier County Land Development Code have been satisfied; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and held a publiC hearing on the ADA and on the Application for Public Hearing for PUD Zoning on October 3, 1996; and WHEREAS, The Woodlands ADA is also part of an overall rezoning application by the developer; and the issuance of a development order pursuant to Chapter 380.06, Florida Statutes, does not constitute a waiver of any powers or rights regarding the issuance of other development permits by the County or State; and 1 - Words underlined are additions; ....ords sl:l!"\I!'!l ~J.1ret,jJn are deletions. I I I ;;;ii i 12C 2 i ~ I I 111.11 $(; ; . ~a . I ~ IF.~ 'Ii Ii ). I :z: nll'i ~ I I ~I~ ~1I I , , I! r.1l1i III I 'Ill II I fJ I I . Q ~ ilaH Ii n;)8j @ . I --. "' "' \ \ , " \ I , , I \, ~ --, .. I Q " .. " ~ ' .. ~ . .. ~ 0 .. ~ .. .. , .. Q I .. .. Q .".., ..0....01 ... __.~___H._.__,. BXHIBIT -B- Section 21, Township 48 South, Range 26 East, Collier County, Florida, less the South 100 feet thereof, being a Collier County canal right-of-way, also excepting the following described parcels located in said Section 21, E ~ of SW ~ of NW ~, and the w ~ of SE ~ of NW ~, and the w ~ of SW ~ of SE ~, and the W ~ of W ~ of SW ~ of SE ~, and the SE ~ of SW ~ of E ~ of W ~ of SW ~ of SW ~, and the E ~ of SW ~ of SW ~. All of the foregoing subject to any limitations, dedications, reservations, restrictions or easements of record. Property contains: 500.11 acres t \UQAL 12C 2 ~~.;. ~~\ . lW:i'1'~'''' \. \9.1lY'o' ~"'. . , " ;." South Florida Water Management District Fort Myuo Servke Cent.r' 1342 Colonial Blvd., Suite 81, Fort My<n. FL 33907 (813) 278-SFWM' 1-800-248-1201' Fax (813) 278-7310 CON 24-06 12r. 2' July 18, 1995 ., '~. IHMOKALEE ROAD PARTNERSHIP 1100 FIFTH AVENUE 201 NAPLES FL 33940 " I i r '. Subject: Notification of Co~plete Application Project Name: THE WOODLANDS Application I: 950210-5 Permit No: 11-01232-S Sec/Twp/Rge: 21 1 48 1 26 County: COLLIER Board Date: 08110/95 ; i 4 .. Dear Applicant: This is to inform you that your application for a Surface Water Management permit is now complete. Your application will be reviewed by the Governing Board on the above mentioned date or earher. A copy of the staff report on this application will be sent to you for review prior to the date on which it will be presented to the Governing Board. Thank you for your cooperation in this matter. Sincerely, ~~ Benjamin C. Pratt, P.E. Area Manager Ft Myers Service Center Regulation Department cc: HOLE MONTES & ASSOCIATES INC Collier County Engineer Collier County Agricultural Agent Glenn Heath, S.W.F.R.P.C. U.S.EPA, Wetland Protection Section - South Unit - - EXHIBIT "cn ~ 1> 0 ,0 .. William Hammond EUJ<M K. Pettis Samuel E. Pool< m. Esmltivc Director Bc"Y Knnr N.rhanicI P. R.ed Michael Slayton. Deputy Exttutivc Director Ric:Iwd A. Mochck Miriam Singer . 3301 Gun Club Rood, P.O. !!ax 246lKl, Weat Palm Be.ch, FL 33416-<4680 . (407) 686-8800, FL W ATS 1-800-432-2045 . 1 , 1 .j South Florida Water Management District , I ~ , 1 3301 Gun Club Road, Wc.. Palm Beach, Florid. 33406' (407) 686.8800' FL WATS 1-800-432-2045 12C 2 1 l I t j 1995 I KALEE ROAD PARTNERSHIP 1100 FIFTH AVENUE 201 NA LES, FL 33940 De r Sir/Madam: Su ject: Permit Modification Number 11-01232-S THE WOODLANDS, Collier County, SEC 21, TWP 46S, RGE 26E At its August 10, 1995 meeting, the Governing Board of this District mo ified Conceptual Approval to your surface water management plan, and moaified the Surface Water Management Permit subject to the attached 19 li_iting conditions and 32 special conditions. The permit will be mailed un'er separate cover. Th conceptual approval does not constitute a construction permit. It is ba ed upon the information provided by the applicant and may be subject to suspension, revocation or modification in accordance with Rule 40 -4.341 (FAC) if it is later determined that said information is er oneous or false. All future applications for construction submitted pu suant to this conceptual approval will be reviewed pursuant to the pr visions of Rule 40E-4.301 (4) and (5) (FAC). As construction plans are developed for additional phases they must be su itted to this District, and no additional construction may begin un il written approval has been granted by this District. If you have any Questions concel'ning this matter, please feel free to ca 1. Sf cerel}', , cc HOLE MONTES & ASSOCIATES, INC. COLLIER CITY ENGINEER KLECE, INC. OEP William Hammond Eusene K. Pettis Bcay Knnr N.rhanid P. Reed Richard A. Machek Miriam Sinp MoWn,; Addt.so: P.O. Ba. 24680, West Palm Beach. FL 33416-4680 Samuel E. Pool< m. Esmltivc Director Michael Slaylrtn, Deputy bcutivc Director PERMIT NO: II-OI232-s12 C 2 PAGE 2 OF 10 SPECIAL CONDITIONS 1. MINIMUM BUILDING FLOOR ELEVATION: BASIN: WATERSHED-I 14.80 FEET NGVD. BASIN: WATERSHED-IA - 16.80 FEET NGVD. , ., . MINIMUM ROAD CROWN ELEVATION: BASIN: WATERSHED-l - 14.24 FEET NGVD. BASIN: WATERSHED-IA - 15.60 FEET NGVD. \ 1 , , .' THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER. THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY. LAKE SIDE SLOPES SHALL BE NO STEEPER THAN 4:1 (HORIZONTAL:VERTICAL) TO A DEPTH OF TWO FEET BELOW THE CONTROL ELEVATION. SIDE SLOPES SHALL BE NURTURED OR PLANTED FROM 2 FEET BELOW TO I FOOT ABOVE CONTROL ELEVATION TO INSURE VEGETATIVE GROWTH. FACILITIES OTHER THAN THOSE STATED UEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN APPROVED MODIFICATION OF THIS PERMIT. ALL SPECIAL CONDITIONS PREVIOUSLY STIPULATED BY PERMIT NUMBER 1l-OI232-S REMAIN IN EFFECT UNLESS OTHERWISE REVISED AND SHALL APPLY TO THIS MODIFICATION. SILT SCREENS, H~Y BALES OR OTHER SUCH SEDIMENT CONTROL MEASURES SHALL BE UTILIZED DURING CONSTRUCTION. THE SELECTED SEDIMENT CONTROL MEASURES SHALl. BE INSTALLED LANDWARD OF THE UPLAND BUFFER ZONES AROUND ALL PROTECTED WETLANDS. ALL AREAS SHALL BE STABILIZED AND VEGETATED IMMEDIATELY AFTER CONSTRUCTION TO PREVENT EROSION INTO THE WETLANDS AND UPLAND BUFFER ZONES. O. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, THE PERIMETER OF THE PROTECfED WETLANDS AND BUFFER ZONES SHALL BE STAKED AND ROPED TO PREVENT ENCROACHMENT INTO THE WETLANDS. THE PERMITTEE SHALL NOTIFY THE SFWMD'S ENVIRONMENTAL COMPLIANCE STAFF IN WRITING UPON COMPLETION OF ROPING AND STAKING AND SCHEDULE AN INSPECTION OF THIS WORK. THE ROPING AND STAKING SHALL BE SUBJECT TO SFWMD STAFF APPROVAL. THE PERMITTEE SHALL MODIFY THE STAKING AND ROPING IF SFWMD STAFF DETERMINES IT IS INSUFFICIENT OR IS NOT IN CONFOP~NCE WITH THE INTENT OF THIS PERMIT. STAKING AND ROPING SHALL REMAIN IN PLACE UNTIL ALL ADJACENT CONSTRUCTION ACTIVITIES ARE COMPLETE. THE SFWMD RESERVES THE RIGHT TO REQUIRE REMEDIAL MEASURES TO BE TAKEN BY THE PERMITTEE IF WETLAND AND/OR UPLAND MONITORING OR OTHER INFORMATION PERMIT NO: II-01232-S 12 C ? PAGE 3 OF 10 DEMONSTRATES THAT ADVERSE IMPACTS TO PROTECTED, CONSERVED, INCORPORATED OR MITIGATED WETLANDS OR UPLANDS HAVE OCCURRED DUE TO PROJECT RELATED ACTIVITIES. 1. ANY FUTURE CHANGES IN LAND USE OR TREATMENT OF WETLANDS AND/OR UPLAND BUFFER/COMPENSATION AREAS MAY REQUIRE A SURFACE WATER MANAGEMENT PERMIT MODIFICATION AND ADDITIONAL ENVIRONMENTAL REVIEW BY DISTRICT STAFF. PRIOR TO THE PERMITTEE INSTITUTING ANY FUTURE CHANGES NOT AUTHORIZED BY THIS PERMIT, THE PERMITTEE SHALL NOTIFY THE SFWMD OF SUCH INTENTIONS FOR A DETERMINATION OF ANY NECESSARY PERMIT MODIFICATIONS. 1. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE SUCCESSFUL COMPLETION OF THE MITIGATION WORK, INCLUDING THE MONITORING AND MAINTENANCE OF THE MITIGAlleN AREAS FOR THE DURATION OF THE PLAN. THE MITIGATION AREA(S) SHALL NOT BE TURNED OVER TO THE OPERATION ENTITY UNTIL THE MITIGATION WORK IS ACCOMPLISHED AS PERMITTED AND SFWMD STAFF HAS CONCURRED. 14. EACH APPLICATION FOR CONSTRUCTION OF FUTURE PHASES OF THE PERMIT SHALL BE ACCOMPANIED BY AN UPDATED SUMMARY AND MAP WHICH SHOWS THE LOCATION AND ACREAGE OF THE WETLAND(S) IMPACTED TO DATE, AND THE EXISTING MITIGATION AREAS FOR THE ENTIRE PROJECT. I. A ~ETLAND MONITORING PROGRAM SHALL BE IMPLEMENTED WITHIN THE PROTECTED WETLANDS AND UPLANDS AND DETENTION AREAS. MONITORING SHALL BE CONDUCTED IN ACCORDANCE WITH EXHIBIT(S) 8S-8W AND SHALL INCLUDE ANNUAL REPORTS SUBMI1TED TO THE SFWMD FOR REVIEW. MONITORING SHALL CONTINUE FOR A PERIOD OF 5 YFARS. 1. A WETLAND MONITORING PROGRAM AND MAINTENANCE PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBIT(S) 8S-8W. THE MONITORING PROGRAM SHALL EXTEND FOR A PERIOD OF 5 YEARS WITH ANNUAL REPORTS SUBMITTED TO SFWMD STAFF. AT THE END OF THE FIRST MONITORING PERIOD THE MITIGATION AREA(S) SHALL CONTAIN AN 80% SURVIVAL OF PLANTED VEGETATION. THE 80% SURVIVAL RATE SHALL BE MAINTAINFD THROUGHOUT THE REMAINDER OF THE MONITORING PROGRAM. AT THE END OF THE !, YEARS MONITORING PROGRAM THE MITIGATION AREA(S) SHALL CONTAIN AN 80% SURVIVAL OF PLANTED VEGETATION AND AN 80% COVERAGE OF DESIRABLE OBUGAH AND FACULTATIVE WETLAND SPECIES. 1. THE WETLAND CONSERVATION AREAS AND UPLAND BUFFER ZONES AND/OR UPLAND PRESERVATION AREAS SHOWN ON EXHIBIT(S) 3, 4, AND 8E MAY IN NO WAY BE ALTERED FROM THEIR NATURAL STATE. ACTIVITIES PROHIBITED WITHIN THE CONSERVATION AREAS INCLUDE, BUT ARE NOT LIMITED TO: CONSTRUCTION OR PLACING OF BUIUlIN(,S ON OR ABOVE THE GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCES ~llCll AS TRASH; REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER VEGETATION. \.'lIH .THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION REMOVAL; EXCAVATION, DRL061NG, OR REMOVAL OF SOIL MATERIAL; DIKING OR FENCING; AND ANY OTHER ACTIVITJlS DETRIMENTAL TO DRAINAGE, FLOOD CONTROL, WATER CONSERVATION, EROSION CON1ROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. 1. WETLAND PRESERVATION/MITIGATION AREAS, UPLAND BUFFER ZONES AND/OR UPLAND PRESERVATION AREAS SHALL BE DEDICATED AS CONSERVATION AND COMMON AREAS IN THE CONSERVATION EASEMENTS AS WELL AS ON THE PLAT IF THE PROJECT WILL flF PLATTED. RESTRICTIONS FOR USE OF THE CONSERVATION/COMMON AREAS SHALL STI PULATE: .t2r 12C 2 THE WETLAND PRESERVATION/MITIGATION AREAS, UPLAND BUFFER ZONES, AND/OR UPLAND PRESERVATION AREAS ARE HEREBY DEDICATED AS CONSERVATION AND COMMON AREAS. THE CONSERVATION/COMMON AREAS SHALL BE THE PERPETUAL RESPONSIBILITY OF THE WOODLANDS HOMEOWNERS ASSOCIATION AND MAY IN NO WAY BE ALTERED FROM THEIR NATURAL STATE AS DOCUMENTED IN THE PERMIT FILE, WITH THE EXCEPTION OF PERMITTED RESTORATION ACTIVITIES. ACTIVITIES PROHIBITED WITHIN THE CONSERVATION AREAS INCLUDE, BUT ARE NOT LIMITED TO: CONSTRUCTION OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER VEGETATION - WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION RFMOVAL; EXCAVATION, DREDGING, OR REMOVAL OF SOIL MATERIAL; DIKING OR FENCING; AND ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE, FLOOO CONTROL, WATER CONSERVATION, EROSION CONTROL, OR FISH AND WILDLIFE HABIH.T CONSERVATION OR PRESERVATION. PERMIT NO: 11-01232-S PAGE 4 OF 10 COPIES OF RECORDED DOCUMENTS SHALL BE SUBMITTED CONCURRENT WITH ENGINEERING CERTIFICATION OF CONSTRUCTION COMPLETION. 1. (A) NO LATER THAN MARCH 01, 1996, THE PERMITTEE SHALL RECORD A CONSERVATION EASEMENT ON THE REAL PROPERTY DESIGNATED AS A CONSERVATION AREA(S) ON EXHIBIT(S) 3, 4, AND 8E. THE CONSERVATION EASEMENT SHAll BE GRANTED TO THE SFWMD AND SHALL CONTAIN THE ACTIVITY RESTRICTIONS SET FORTH IN SECTION 704.06(1), F.S. THE CONSERVATION EASEMENT SHALL BE IN SUBSTANTIAL CONFORMANCE WITH THE DRAFT CONSERVATION EASEMENT ATTACHED AS EXHIBIT(S) 10_ ANY AMENDENTS TO THE CONSERVATION EASEMENT SHALL BE APPROVED BY THE SFWHD. (B) NO LATER THAN JANUARY 31, 1996, THE PERMITTEE SHALL SUBMIT TO THE SFWMD, FOR REVIEW AND APPROVAL, TWO (2) COPIES OF THE FOLLOWING: 1. SITE MAP OF CONSERVATION AREA 2. LEGAL DESCRIPTION OF CONSERVATION AREA 3. SURVEY BY PROFESSIONAL LAND SURVEYOR 4. PLAT (IF APPLICABLE) 5. TITLE INSURANCE/OPINION/COMMITMENT 6. FINAL DRAFT OF EASEMENT DOCUMENT (C) THE CONSERVATION EASEMENT DRAFT SHALL BE APPROVED BY THE SFWMD PRIOR TO RECORDATION. NO LATER THAN MARCH 31, 1996, THE PERMITTEE SHALL PROVIDE THE SFWMD WITH TWO (2) CERTIFIED COPIES OF THE RECORDED EASEMENT. 2. ACTIVITIES ASSOCIATED WITH IMPLEMENTATION OF THE WETLAND MITIGATION, MONITORING AND MAINTENANCE SHALL BE IN ACCORDANCE WITH THE FOLLOWING WORK SCHEDULE. ANY DEVIATION FROM THESE TIME FRAMES SHALL REQUIRE FORMAL ',fWHO APPROVAL. SUCH REQUESTS MUST BE MADE IN WRITING AND SHALL INCLUDE (I' REASON FOR THE MODIFICATION; (2) PROPOSED START/FINISH DATES; AND (3) PROGRESS REPORT ON THE STATUS OF THE EXISTING MITIGATION EFFORTS. COMPLETION DATE MARCH 1, 1996 AUGUST 1, 1996 AUGUST 15, 1996 SEPTEMBER 1, 1996 ACTIV ITY SUBMIT CONSERVATION DOCUMENTS BASELINE MONITORING REPORT EXCAVATION AND GRADING MITIGATION AREA EXOTIC VEGETATION REMOVAL 12C 2 PERMIT NO: 11-01232-S PAGE 5 OF 10 OC OBER I, 1996 PLANTING MITIGATION AREA NO EMBER I, 1996 TIME ZERO MONITORING REPORT NOIEMBER I, 1997 FIRST MONITORING REPORT NO EMBER I, 1995 SECOND MONITORING REPORT NO EMBER I, 1999 THIRD MONITORING REPORT NOVEMBER 1, 2000 FOURTH MONITORING REPORT NOYEMBER I, 2DOI FIFTH MONITORING REPORT 21. ENbANGERED SPECIES, THREATENED SPECIES, OR SPECIES OF SPECIAL CONCERN HAVE BEEN OBSERVED ONSITE AND/OR THE PROJECT CONTAINS SUITABLE HABITAT FOR THESE SPECIES. IT SHALL BE THE PERMITTEE'S RESPONSIBILITY TO COORDINATE WITH THE FLORIDA GAME AND FRESH WATER FISH COMMISSION AND/OR U.S. FISH AND WILDLIFl SERVICE FOR APPROPRIATE GUIDANCE, RECOMMENDATIONS, AND/OR NECESSARY PERMITS TOjAVOID IMPACTS TO LISTED SPECIES. 22. ALL LAKE EXCAVATION SHALL BE LOCATED GREATER THAN 100 FEET FROM THE EDGE OF THE 40.37 ACRE OUTPARCEL AND GRATE ELEVATIONS SURROUNDING THIS OUTPARCEL S~LL HAVE INVERTS NO LOWER THAN 13.0' NGVD. 23. UPON COMPLETION OF SITE CLEARING WORK FOR THE GOLF COURSE AND RESIDENTIAL AREAS ENCOMPASSING BIG CYPRESS FOX SQUIRREL PRESERVE AREAS, THE LIMITS OF THESE PRESERVE AREAS SHALL BE FIELD DELINEATED. THE PERMITTEE SHALL NOTIFY THE SFWMD'S ENVIRONMENTAL COMPLIANCE STAFF IN WRITING UPON COMPLETION or THE DELINEATION AND SCHEDULE A SITE INSPECTION OF THESE AREAS. NO FILLING ACTIVITIES MAY OCCUR WITHIN THESE AREAS PRIOR TO APPROVAL OF THE PRESERVF AREA DELINEATIONS. 24. ASIPART OF THE MITIGATION TO OFFSET THE PROPOSED WETLAND IMPACTS, NOT LATER TH N THIRTY (30) DAYS PRIOR TO THE COMMENCEMENT OF DEVELOPMENT ACTIVITIES IN WETLANDS ON THE PROJECT SITE, INCLUDING CLEARING ACTIVITIES, THE PERMITTEr SHALL ACQUIRE 367 ACRES OF LAND WITHIN THE AREA UPSTREAM OF THE WOODLANDS ANl CONVEY FEr SI~PLE INTEREST TO THE DISTRICT. ALTERNATIVELY, AS SPECIfIED IN SPECIAL CONDIilONS BELOW, THE PERMITTEE SHALL ELECT TO PROVIDE FUNDING FO THE DISTRICT TO ACQUIRE THE OFFSITE MITIGATION LANDS. NOT LATER THAN NINETY (90) DAYS PRIOR TO COHHENCEMENT,OF ACTIVITIES IN WETLANDS, THE PERMITTEE SHALL NOTIFY THE DISTRICT WHICH MITIGATION PLAN WILL BE PURSUED ANO PROVIDE AN APPROXIMATE TIMETABLE FOR COMPLETION OF RELATED ACQUISITION AND/OR PAYMENT ACTIVITIES. 25. OF~SITE MITIGATION LANDS PROPOSED FOR ACQUISITION BY THE PERMITTEE SHALL BE SUBJECT TO DISTRICT REVIEW AND APPROVAL. PRIOR TO INITIATION OF CONSTRUCTION ACTIVITIES WITHIN ONSITE WETLANDS, THE PERMITTEE SHALL CONVEY FEE SIMPU INtEREST FOR THE OFFSITE MITIGATION LANDS TO THE DISTRICT. SIMULTANEOUSI v WItH THE. CONVEYANCE OF FEE SIMPLE INTEREST, THE PERMITTEE SHALL SUBMIT I' CA~HIERS CHECK IN THE AMOUNT OF $91,000 TO THE SOUTH FLORIDA WATER HAMAGEMENT DISTRICT TO FUND LONG TERM MANAGEMENT OF THE OFFSITE MITIGATION PA tEL. 26. IF THE APPLICANT ACQUIRES THE OFFSITE MITIGATION LANDS, THE FOLLOWING ITEMS SH LL BE COMPLETED AND PROVIDED TO THE DISTRICT FOR REVIEW AND APPROVAL. PR OR TO CONVEYING FEE INTEREST OF THE MITIGATION PARCEL TO THE DISTRlr:T: 1) EVIDENCE OF TITLE INSURANCE; 12C 2 PERMIT tlo: 1l-01232-S PAGE 6 OF 10 2 LEGAL DESCRIPTION(S) OF INTEREST TO BE CONVEYED WHICH IS SIGNED AND SEALED BY A FLORIDA REGISTERED LAND SURVEYOR; 3 INSTRUMENT OF CONVEYANCE INCLUDING LEGAL DESCRIPTION WITH LEGAL AND PRACTICAL ACCESS; 4 PHASE 1 ENVIRONMENTAL AUDIT. THE PERMITTEE SHALL BE REQUIRED TO INDEMNIFY AND WARRANT THE DISTRICT REGARDING ENVIRONMENTAL HAZARDOUS SUBSTANCES; AND 5 TYPE OF INTE~EST CONVEYED. 27. I THE PERMITTEE ELECTS TO HAVE THE DISTRICT ACQUIRE THE OFFSITE MITIGATION ~NDS, THE PERMITTEE SHALL SUBMIT A CASHIERS CHECK IN THE AMOUNT OF $550,000 TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOT LATER THAN THIRTY OAY~ (30) DAYS PRIOR TO THE INITIATION OF CONSTRUCTION ACTIVITIES WITHIN ONSITE WETLANDS. IF THE MITIGATION FUNDS HAVE NOT BEEN RECEIVED BY THE DISTRICT WITHIN TWO YEARS OF THE DATE OF ISSUANCE OF THIS CONSTRUCTION PERMIT, THE DISTRICT SHALL RE-EVALUATE THE COSTS OF LAND ACQUISITION AND RELATED lONG TERM MANAGEMENT COSTS. THE TOTAL COSTS PAYABLE BY THE PERMITTEE FOR IMpLEMENTATION OF THE OFFSITE MITIGATION PLAN SHALL BE ADJUSTED, IF NICESSARY, TO REFLECT CURRENT COSTS. 28. A'WETLAND MITIGATION PLAN SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBIT(S) Bt-8R. THE PERMITTEE SHALL CREATE 2.7 ACRES OF MARSH AND 6.3 ACRES OF TRANSITIONAL AREA, RESTORE 121.4 ACRES OF CYPRESS AND 37.5 ACRES OF TRANSITIONAL AREA AND PROTECT 8.1 ACRES OF UPLAND COMPENSATION AREA(S) ONSITE. THE PERMITTEE SHALL ALSO PURCHASE AND DONATE TO THE DISTRICT IN FEE StMPLE, OR PROVIDE FUNDING FOR THE PURCHASE OF, 367 ACRES OF OFFSITE SINSITIVE LANDS LOCATED NORTH AND EAST OF THE WOODLANDS PROJECT SITE. 29. A MAINTENANCE PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBIT 8V AND B FOR THE CREATED, RESTORED, AND PRESERVED WETLAND AREAS, UPLAND BUFFER ZONES AND UPLAND COMPENSATION AREAS ON A REGULAR BASIS TO ENSURE THE INTEGRITY AND VIABILITY OF THE CONSERVATION AREAS AS PERMITTED. MAINTENANr.~ SRALL BE CONDUCTED IN PERPETUITY TO ENSURE THAT THE CONSERVATION AREAS ARE MAINTAINED FREE FROM EXOTIC VEGETATION (BRAZILIAN PEPPER, MELALEUCA, AOSTRALIAN PINE, AND DOWNY ROSE MYRTLE) IMMEDIATELY FOLLOWING HERBICIOI TREATMENTS, AND THAT OTHER NUISANCE SPECIES SHALL CONSTITUTE NO MORE lllAN 10% OF TOTAL COVER. AT THE END OF FIVE YEARS, EXOTIC VEGETATION SHALL BF 1INTAINED AT LESS THAN 2% COVERAGE IN PERPETUITY. 30. D SCHARGE FACILITIES: ASIN: WATERSHED-I: 28-0.31' DIAMETER CIRCULAR ORIFICE WITH INVERT AT ELEV: IJ .50' NGVIl 2-0.56' DIAMETER CIRCULAR ORIFICE WITH INVERT AT ELEV: 12.27' NGVlJ. 50 LF OF 3.0' DIAMETER RCP CULVERT. ECEIVING BODY: CR-846 CANAL. ONTROL ELEV: 11.50' NGVD. ASIN: WATERSHED-IA: PERMIT NO: 11-01232-S PAGE 7 OF 10 12C 2 7-0.25' DIAMETER CIRCULAR ORIFICE WITH INVERT AT ELEV: 13.00' NGVD. 1-4.50' WIDE SHARP CRESTED WEIR WITH CREST AT ELEV: 14.00' NGVD. 440 LF OF 3.0' DIAMETER RCP CULVERT. RECEIVING BODY: WATERSHED-I. CONTROL ELEV: 13.00' NGVD. A~IN: ONSITE SLOUGH: 14-4.25' WIDE X 3' HIGH SLIDE GATE WEIRS WITH MINIMUM INVERT ELEVATION AT 12.60' NGVD AND MAXIMUM ELEVATION AT 15.10' NGVD. I4-6D LF OF 2.5' DIAMETER RCP CULVERT. RECEIVING BODY: CR-846 CANAL VIA ONSITE SLOUGH. CONTROL ELEV: 12.60' TO 15.10' NGVD. 31. ,PERATION AND MAINTENANCE OF THE WATERSHED-l,IA & 4 SURFACE WATER MANAGEMENT ~YSTEMS SHALL BE THE RESPONSIBILITY OF THE WOODLANDS PROPERTY OWNERS ASSOCIATION, INC. THE PERMITTEE SHALL SUBMIT A COPY OF THE RECORDED DEED "ESTRICTIDNS, A COPY OF THE FILED ARTICLES OF INCORPORATION, AND A COPY OF THE CERTIFICATE OF INCORPORATION FOR THE ASSOCIATION CONCURRENT WITH THE ~GINEERING CERTIFICATION OF CONSTRUCTION COMPLETION. 32. PON COMPLETION OF CONSTRUCTION OF THE (14) SLOUGH STRUCTURES, SEE EXHIBIT- . OPERATION AND MAINTENANCE OF SAID STRUCTURES SHALL BECOME THE ESPONSIBILITY OF BIG CYPRESS BASIN. PERMIT NO: 11-01232-S PAGE 8 OF 10 12C 2 I LIMITING CONDITIONS 1 . T E PERMITTEE SHALL IMPLEMENT THE WORK AUTHORIZED IN A MANNER SO AS TO HtNIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL E~VIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE E~OSION, TURBIDITY, NUTRIENT LOADING AND SEDIMENTATION IN THE RECEIVING WATERS. 2. wlTER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERT, OR INTO SURFACE WATERS OF THE STATE WILL BE SUBMITTED TO THE DISTRICT AS REQUIRED BY SECTION 5.9, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT _ MARCH, 1994." PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 61'- 302, F.A.C. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE D~TA ON VOLUMES OF WATER DISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPfRTY OR INTO SURFACE WATERS OF THE STATE. TlIS PERMIT SHALL NOT RELIEVE THE PERMITTEE OF ANY OBLIGATION TO OBTAIN N{CESSARY FEDERAL, STATE, LOCAL OR SPECIAL DISTRICT APPROVALS. T~E OPERATION PHASE OF THIS PERMIT WILL NOT BECOME EFFECTIVE UNTIL THE DtSTRICT'S ACCEPTANCE OF CERTIFICATION OF THE COMPLETED SURFACE WATER WATER MANAGEMENT SYSTEM. THE PERMITTEE SHALL REQUEST TRANSFER OF THE PERMl1 10 T~E RESPONSIBLE OPERATIONAL ENTITY ACCEPTED BY THE DISTRICT, IF DIFFERENT FRoM THE PERMITTEE. THE TRANSFER REQUEST CAN BE SUBMITTED CONCURRENTLY WITH T1E CONSTRUCTION COMPLETION CERTIFICATION. S. A~l ROAD ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH I SECTION 6.5, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT A PLICATIONS WIfHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, J9Y4." 6. AJl BUILDING FLOOR ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRI1~RIA SET FORTH IN SECTION 6.4, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENl PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994 . " 3 4 7 -SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT WILL BE MADE ONI Y OUGH THE FACILITIES AUTHORIZED BY THIS PERMIT. S A ERMIT TRANSFER TO THE OPERATION PHASE SHALL NOT OCCUR UNTIL A RESPONSIIlI.E E ITY MEETING THE REQUIREMENT IN SECTION 9.0, "BASIS OF REVIEW FOR SURfACE WA~ER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT 01 TRICT - MARCH, 1994," HAS BEEN ESTABLISHED TO OPERATE AND MAINTAIN THE SY TEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP OR LEGAL I EREST SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES A HORIZED HEREIN. 9. TH PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT NOR ANY J PERMIT NO: 1l-01232-S 12C 2 PAGE 9 OF 10 R GHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40'E-4, FAC. 10. TJE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION, OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY T~E PERMIT. 11. T~IS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. SHOULD ANY ADVERSE IMPACTS CAUSED BY THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM OCCUR, THE DISTRICT WILL REQUIRE THE PERMITTEE TO PROVIDE APPROPRIATE MITIGATION TO THE DISTRICT O~ OTHER IMPACTED PARTY. THE DISTRICT WILL REQUIRE THE PERMITTEE TO MODI~Y THE SURFACE WATER MANAGEMENT SYSTEM, IF NECESSARY, TO ELIMINATE THE CAUSE OF ntE ADVERSE IMPACTS. 12. WiTHIN 30 DAYS DF ISSUANCE OF THIS PERMIT, THE PERMITTEE OR AUTHORIZED AGENT SHALL NOTIFY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMMENCEMENT NOTICE OR EQUIVALENT) OF THE ACTUAL OR ANTICIPATED CONSTRUCTION START DATE AND THE E~PECTED COMPLETIQ~ DATE. 13. wdEN THE DURATION OF CONSTRUCTION EXCEEDS ONE YEAR, THE PERMITTEE OR AUTHORIZED AGENT SHALL SUBMIT CONSTRUCTION STATUS REPORTS ON AN ANNUAL BASIS (VIA THE SUPPLIED ANNUAL STATUS REPORT OR EQUIVALENT) BEGINNING ONE YEAR At.TER THE INITIAL COMMENCEMENT OF CONSTRUCTION. 14. WI\HIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER MANAGEMENT SYSTEM, THE PERMITTEE OR AUTHORIZED AGENT SHALL FILE A WRITTEN STATEMENT OF COMPLETION AND CERTIFICATION BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER. THESE STATEMENTS MUST SPECIFY THE ACTUAL DATE OF CONSTRUCTION COMPLETION AND MUST CERTIFY THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN SUBSTANTIAL CONFORMANCE WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMPLETION/ CoNSTRUCTION CERTIFICATION OR EQUIVALENT). THE CONSTRUCTION COMPLETION CE~TIFICATION MUST INCLUDE, AT A MINIMUM, EXISTING ELEVATIONS, LOCATIONS AND DIMENSIONS OF THE COMPONENTS OF THE WATER MANAGEMENT FACILITIES. AODITIONALLY, IF DEVIATIONS FROM THE APPROVED DRAWING ARE DISCOVERED DURING TH CERTIFICATION PROCESS, THE CERTIFICATION MUST BE ACCOMPANIED BY A COpy OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED. IS. WI HIN 30 DAYS OF ANY SALE, CONVEYANCE OR OTHER TRANSFER OF ANY OF THE LAND WH CH IS PROPOSED FOR DEVELOPMENT UNDER THE AUTHORIZATION OF THIS PERMIT, TH PERMITTEE SHALL NOTIFY THE DISTRICT OF SUCH TRANSFER IN WRITING VIA EI ER FORM 0483, REQUEST FOR PERMIT TRANSFER; OR FORM 0920, REQUEST FOR T SFER OF SURFACE WATER MANAGEMENT CONSTRUCTION PHASE TO OPERATION PHASE (T BE COMPLETED AND SUBMITTED BY THE OPERATING ENTITY), IN ACCORDANCE WITH SE TIONS 40E-I.610S AND 40E-4.351, F.A.C. 16. A P~ORATED SHARE OF SURFACE WATER MANAGEMENT RETENTION/DETENTION AREAS, SU~FICIENT TO PROVIDE THE REQUIRED FLOOD PROTECTION AND WATER QUALITY TR TMENT, MUST BE PROVIDED PRIOR TO OCCUPANCY OF ANY BUILDING OR RESIDENCE. PERMIT NO: 11-01232-S PAGE 10 OF 10 12C 2 17. STABLE, PERMANENT AND ACCESSIBLE ELEVATION REFERENCE SHALL BE ESTABLISHED ON OR WITHIN ONE HUNDRED (100) FEET OF ALL PERMITTED DISCHARGE STRUCTURES NO CATER THAN THE SUBMISSION OF THE CERTIFICATION REPORT. THE LOCATION OF THE ELEVATION REFERENCE MUST BE NOTED ON OR WITH THE CERTIFICATION REPORT. 18. IT IS THE RESPONSIBILITY OF THE PERMITTEE TO INSURE THAT ADVERSE OFF-SITE tTER RESOURCE RELATED IMPACTS 00 NOT OCCUR DURING CONSTRUCTION. 19. E PERMITTEE MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION EWATERING, UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO UBSECTION 40E-20.302(4), F.A.C. EXHIBIT "A" CAN BE FOUND ON MICROFILM IN THE MINUTES AND RECORDS DEPARTMENT