Item I7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19.2008 Division: Growth Management
Bulk Item: Yes X No - Department:
Staff Contact: Andrew O. Trivette
AGENDA ITEM WORDING: Approval of a resolution by the Momoe County Board of County
Commissioners directing the Division of Growth Management to monitor the application by Florida
Rock and Sand Company to develop and operate a 3,186 acre site near Card Sound Road.
ITEM BACKGROUND:
This resolution requests the South Florida Water Management District and the Department of
Environmental Protection to allow Momoe County's Growth Management Division to participate in
the public hearings and development approval process related to the recent application from Florida
Rock and Sand Company to develop and operate a 3,186 acre site near Card Sound Road. The project
will include 1,241 acres of disturbed area for excavation and agriculture with the remaining 1,945 acres
to be utilized for mitigation. This project is located within 12 miles of the Momoe County
jurisdictional boundary and as such necessitates careful review and consideration of impacts specific to
a designated area of critical state concern.
PREVIOUS RELEVANT BOCC ACTION: nJa
CONTRACT IAGREEMENT CHANGES: nJa
STAFF RECOMMENDATIONS: Approval
TOTAL COST: nJa BUDGETED: Yes - No -
COST TO COUNTY: nJa SOURCE OF FUNDS:
REVENUE PRODUCING: Yes - No x AMOUNT PER MONTH_ Year
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APPROVED BY: County Atty ----1L- OMBlPurchasing _ Risk Management _
DOCUMENTATION: Included x Not Required_
DISPOSITION: AGENDA ITEM #
Revised 11106
RESOLUTION NO. -2008
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS REQUESTING THE FLORIDA
DEPARTMENT OF ENVIRONMENT AL PROTECTION AND THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO ALLOW
MONROE COUNTY'S GROWTH MANAGEMENT DIVISION TO
PARTICIPATE IN THE PUBLIC HEARINGS AND DEVELOPMENT
APPROV AL PROCESS ASSOCIATED WITH THE RECENT
APPLICATION FROM FLORIDA ROCK AND SAND COMPANY TO
DEVELOP AND OPERATE A 3,186 ACRE SITE WHICH WILL
INCLUDE 1,241 ACRES OF DISTURBED AREA FOR EXCAVATION
AND AGRICULTURE WITH THE REMAINING 1,945 ACRES UTILIZED
FOR MITIGATION OF THE DEVELOPMENT ACTIVITY.
WHEREAS, the State of Florida's Department of Environmental Protection is
charged with the implementation of mining regulations and mine reclamation throughout
the State of Florida; and
WHEREAS, the South Florida Water Management District is a regional
government agency responsible for water quality enforcement and regulation within a 16
County region which includes Monroe County; and
WHEREAS, Monroe County considers itself a critical link in the restoration of
America's Everglades and is home to over 32 threatened and endangered species; and
WHEREAS, Florida Rock and Sand Company has applied to develop and
operate a 3,186 acre site near Card Sound Road which will include 1,241 acres of
disturbed area for excavation and agriculture with the remaining 1,945 acres to be utilized
for mitigation; and
WHEREAS, the impact of a large excavation & agricultural project within 12
miles of the Monroe County jurisdictional boundary will apply regionally and
necessitates careful review and consideration of impacts specific to a designated area of
critical state concern; and
WHEREAS, the Statutes of the State of Florida charge County Commissioners
with the protection of the health, safety and welfare of their citizens;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. The Monroe County Board of County Commissioners directs the
Division of Growth Management to closely monitor the progression of this application by
Florida Rock and Sand Company for development approval and all associated application
materials and report to the County Commission when action is pending.
Section 2. The Monroe County Board of County Commissioners requests that
the Florida Department of Environmental Protection and the South Florida Water
Management District include the Monroe County Division of Growth Management in all
notices and hearings associated with the proposed development approval.
Section 3. The Monroe County Board of County Commissioners reserves the
right to object and to comment as appropriate based on potential negative impacts
associated with the proposed development as they pertain to Monroe County and the
region as a whole.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 19th day of November, 2008.
Mayor
Mayor Pro tern
Commissioner
Commissioner
Commissioner
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
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LAST DATE FOR GOVERNING BOARD ACTION: Subject to Governjng
Board Approval
JUNE 15, 2000
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SURFACE WATER MANAGEMENT STAFF REVIEW SUMMARY
I.ADMINISTRATIVE
APPLICATION NUMBER: 990402-13
PERMIT NUMBER: 13-01409-5
PROJECT NAME: ATLANTIC CIVIL/SOl
LOCATION: MIAMI-DADE COUNTY. S27-33/T57S/R39E
S4,5.8/T58S/R39E
APPlICANT.S NAME: FLORIDA ROCK & SAND COMPANY, INC.
" OWNER'S NAME AND ADDRESS: ATLANTIC CIVIL/FLORIDA ROCK AND SAND COMPANY, INC.
P.O. BOX 3004
FLORIDA CITY, FL 33034
ENGINEER: EAS ENGINEERING. INC.
II. PROJECT DESCRIPTION
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PROJECT AREA: 3186.00 acres DRAINAGE AREA: 3186.00 acres
DISTRICT DRAINAGE BASIN: MODEL LAND
RECEIVING BODY: N/A
CLASSIFICATION:
PURPOSE:
This application is a request for construction and operation of a surface
water management system to serve a 990-acre site that will be cleared, graded
and fi11ed to be used for agriculture. In addition, a 251-acre borrow lake
will be exc~vated. The remainder of the 1,945 acres ;s not proposed to be
impacted, or will be incorporated -into the mitigation plan for the District.
U.S. Army Corps of Engineers and Miami-Dade County Department of Environmental
Resource Management (DERM). No buildings. structures or road improvements are
requested at this time. This site is located in south Miami-Dade County. Staff
recommends approval with conditions.
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EXISTING FACILITIES:
This proterty is located northeast of Card Sound Road and South of S.W. 344th WI
Street. he site is undeveloped with existing dirt roads with roadside
ditches.
PROPOSED FACILITIES:
The proposed surface water management system for this site was divided into
four major areas. Areas 1 through 4. Each of these proposed areas will be
filled to elevation 6.5 feet NGVD and bermed around the perimeter in order to
retain the IOO-year. 3.day storm event with no off-site discharge.
Furthermore. each of the proposed areas will be subdivided into sub-basins.
Specifically. Area 1 will have a single sub-basin; I-A, Area 2 will have three
sub-basins: 2-A. 2.8. and 2-C. Area 3 will have two sub-basins: 3A and 3-8.
and Area 4 will have 6 sub-basins; 4-A through 4-F. The borrow lake area will
also be bermed to retain the 100-year. 3-day storm event on-site. Each of the
~~ sub-basins will also include a dry retention perimeter swale which will
provide water quality treatment and stormwater attenuation.
The calculated stage for the IOO-year, 3-day design storm event for each of
the sub-basins including the borrow lake is below the top of the berm
elevation which is 7.0 feet NGVD.
No buildings. structures. road improvements or additional works normally
associated with agricultural activities a:e being requested at this time. ...,
Although the applicant has stated that the project is for agricultural
purposes. limited information was submitted to describe how the agricultural
activities will be conducted or what additional works. if any. will be
required to support the agricultural activity. Prior to conducting any
agricultural activities, information shall be submitted explaining how the
agricultural ~ctivity will be conducted. If additional works are needed to
support the a-]f'lcultlJl'al activity. a ~ermit Hlodification wil i ue required (see
Special Condition).
The applicant has indicated that excavation of material from the proposed
borrow lake will occur as needed to provide fill for the proposed agriculutal
fill. and for delivery to other projects in the local area. The applicant also
stated that "no large volume storage of excavated limerock is proposed"
(August 30. 1999 correspondence from the applicant) and that any material
stockpiled will be contained within the footprint of the proposed lake.
l'..::.~ition,Jlly. the proposed )roject has been defim?d as being agriculturdl in
nature. Therefore, a specia condition of this permit does not allow the
sorting or processing of material on-site as is commonly done in mining
activities.
III. PROJECT EVALUATION
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'-" Discharge Rate:
No discharge is proposed from this project in accordance with Miami-Dade
County requirements.
WATER QUALITY:
Each of the proposed sub-basins will provide water quality treatment for one
inch over the entire site within the dry retention swale provided along the
perimeter of the basin. Prior to the commencement of construction. temporary
erosion and turbidity control devices (i.e. silt fences and haybales) will be
deployed along the perimeter of the work site.
ROAD DESIGN:
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No proposed improvement to the existing dirt roads is requested as part of
this application. so the existing road elevation will remain the same.
IV. ENVIRONMENTAL ASSESSMENT
'-' PROJECT SITE DESCRIPTION:
A Jurisdictional Declaratory Statement (JDS) (No. BJ~13-172272-6) was issued
by the Florida Department of Environmental Protection (FDEP) for the Villages
of Homestead on August 6. 1990. which includes the subject site. In SeRtember.
1994 the FDEP issued a renewed JDS (No. 13~251157-6) indicating that t e
original determination remained intact. The JDS stated that "All of the
property included -if I this petition is wet to very wet".
The FOEP. through issuance of the JDS. has identified 987.1 acres of the site
as "waters of the State" and 2.198.9 as not waters of the State. All areas
defined as waters of the State on the project site are wetlands. The Army
Corps of Engineers and Miami-Dade County Department of Environmental Resources
Management have identified an additional 1.512.03 acres of jurisdictional
wetlands on the site.
With i1~ the area proposed to be altered (excavated or filled) the
jurisdictional area. as defined by the valid JDS. tota"ls 12.3 acres and
consists primarilh of wetland vegetated ditches and canals. Vegetation
associated with t ese canals and ditches is primarily cattail. The canals and
ditches have been excavated from former wetland areas and are classified as
wetlands.
The project site encompasses 3.186.0 acres and consist~ of eight discreet
vegetative communities. as indicated on Exhibit 8. These communities include
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the following habitat types: W
Wet Prairies (P) - Prairie areas dominated by sawgrass that generally do not
contain canopy species. Some of the grairie areas, however. a~pear to have
been dominated with Australian pine ut recent fires have kil ed or defoliated
these trees. Cattails dominate large areas of the prairies in the eastern
portion of the site. This habitat type comprises 672 acres of the site. Of
this 672 acres. 377.9 acres is jurisdictional, pursuant to the JDS.
Prairie With Australian Pine (PAP) - Areas dominated by live Australian pine,
but containing an understory of native wetland vegetation which includes
leather fern and sawgrass. PAP communities occupy 229 acres of the site. Of
this acreage, 68.3 acres are jurisdictional (JDS).
Disked But Not Farmed (DBNF) - These areas have been ~reviOUSly cleared. Some
of these areas have also been previously planted but ave gone fallow. Other
areas have been disked. but never planted. Many of these areas support
.... scattered mal anga, sesbani a and dense wi 11 ow but some are becomi ng vegetated
with duck potato and beakrusn. The DBNF area totals 823 acres of the project
area,
Forested Wetland (FW) - These densely forested areas include vegetation which
ra~ges from monoculture~ 0f Brezilian pepper to bayhead vegetation. 8ayhead
vegetation includes dahoon holly. wax myrtle and myrsine. Shoebutton ardisia
is commonly dense in the understory/shrub layer. The most common vegetative
community on the parcel. FW occupies 1.032 acres. According to thE: JDS. 527.7 ...,
acres is jurisdictional.
Sesbania (S) - Areas which are actively farmed (primarily corn) in the winter,
but supported dense Sesbania coverage during the surveys conducted in the
summer. A total of 326 acres of the vegetative community exists on the subject
parcel.
Disturbed (D) - Areas recently filled (clean fill). Areas beneath the FPL
power lines are also classified as disturbed. Disturbed areas total 27 acres
of the project site.
Mitigation (MITIG) - A previously permitted (DERM) mitigation area consisting
of a mosiac of marsh and tree island vegetation totaling 65 acres.
Cattail - Areas contnining dense cattail concentrations. This classification
"....:cupi es 13.2 acres 0 i' :;:~ project site.
The Army Corps of Engineers and Miami-Dade DERM jurisdiction within the lake
area totals ap~roximatelY 155 acres and within the fill area totals
approximately 20 acres.
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ENDANGERED, THREATENED & SPECIES OF SPECIAL CONCERN SUMMARY:
~ The project site may contain habitat for the eastern indigo snake. The eastern
indigo snake is found in a variety of habitats and will readily utilize
disturbed areas and mangrove swamps. as well as upland areas. Habitat is
available within the project area and the presence of this species is likely.
While construction within the project area may be temporarily disruptive. it
is anticipated that individuals will migrate "From the construction work zones
during active construction times. Construction personnel will be advised about
the potential presence of this sgecies and the snake's appearance and
threatened status. A qualified 0 server will be present on the site to locate
any individuals within the work zone and to determine if assistance from the
USFWS/FGFWFC is required. This permit is conditioned to require the
implementation of eastern indigo snake protection provisions, as defined by
.the U.S. Fish and Wildlife Service. during anyon-site activities.
The Anlerican alligator population is present within the project area. As with
the Eastern indigo snake, construction within the project area may be
temporarily disruptive to individuals. it is anticipated that individuals will
migrate from the construction work zones during active construction times. The
~roposed lake area and associated littoral shelf should provide adequate
abitat for individuals dis~laced as a result of construction activities. As
with the eastern indigo sna e. construction hersonnel will be advised about
the potential presence of this species and t e threatened status. A qualified
observer will be present on the site to locate any individuals within the work
zone and to determine if assistance from the USFWS/FWCC is required.
~ While they were not observed on the site during site visits. it is l-ikely that
wetland areas within the project boundaries support listed wading birds.
Enhancement of on-site wetlands and the creation of the littoral shelf
associated with the proposed lake is expected to provide compensatory wading
bird habitat.
LEGAL/INSTITUTIONAL:
The subject parcel was previusly being considered by the District for addition
to the Model Lands Save Our Rivers acquisition project. The applicant,
pursuant to the provisions of Section 373.59(3). Florida Statutes. has
requested (August 17, 1999) that the District delete the subject parcel from
the Model Lands project boundary. The applicant. subsequently, has requested
that the portion of this project proposed to be filled (and additional
contiguous ownership parcels) be placed back on the list of acquisition
parcels. The District. at the A~ril 13. 2000 Governing Board meeting. placed a
portion of these proherties bac on the list of potential acquisition parcels.
An effort to place t e remaining parcels within the SDI/ACI ownership (with
the exception of the lake area) will be made by the District in the near
future.
A formal Jurisdictional Declaratory Statement (JDS) was prepared and finalized
by the Florida Department of Environmental Protection on September 1. 1994
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which encompassed the boundaries of this site. Pursuant to Rule 373.414(13), ....,
Florida Statutes (FS). "any decl aratory statement issued by the department
(FDEP) under Rule 403.914, F.S., 1994 Supplement to the Florida Statutes 1983,
as amended. or pursuant to rules adopted thereunder, or by a water management
district under Rule 373.421. F.S., in response to a hetition filed on or
before June I, 1994 shall continue to be valid for t e duration of such
declaratory statement". Rule 373.414(13), F.S. continues stating" Activities
proposed within the boundaries of a valid declaratory statement or revalidated
jurisdictional statement prior to its expiration date shall continue
thereafter to be reviewed under the rules adopted pursuant to Rule 403.91-
403.929. F.S., 1994 supplement to the Florida Statutes 1983. as amended. and
this part, in existence prior to the effective date of the rules adopted under
subsection (9)". The elements of the JDS are discussed in the Project Site
Discription section of this staff report.
The Florida Department of Community Affairs (DCA) has determined that the
proposed project is consistent with the Florida Coastal Management Program
( Exh i bit 9).
WETLAND PRESERVATION AND IMPACT SUMMARY:
The applicant eliminated all wetland imhacts previously proposed within
S5/T58S/39E and has reduced impacts wit in S29,32,33/T57S/R39E. These site
plan revisions are intended to reduce wetland impacts to the higher quality
wetland areas within the project boundary, A total of 174 acres of wetlands. ~
as defined by the JDS. have been deleted from the fill portion of this
application as a result of this reduction. and will remain unimpacted.
The applicant proposes to dredge 306,082 cubic yards of material from 3.1
acres and place 572.503 cubic yards of material over 9.2 acres of canals and
ditches (defined as wetlands) for the improvements to conduct the proposed
agricultural activities. The total wetland impacts. as defined by the JDS. for
the lake excavation and fill activities totals 12.3 acres.
Many of the wetlands located across the site support varying densities of
exotic vegetation. Most of these wetland areas exhibit an understory
vegetative component indicative of adequate hydrology necessary to support a
viable wetland community. Therefore. the applicant has not proposed to alter
the hydrology within the mitigation or unimpacted areas of the site.
MITIGATION MONITORING:
The applicant proposes to eradicate exotic vegetation from 75.2 acres of the
site. as indicated on Exh-ibit 8 to offset 12.3 acres of wetland impacts. Of
this 75.2 acres of mitigation, 20.4 acres is proposed to offset impacts
associated with lake construction and 54.8 acres for the proposed fill. This
mitigation will occur in the first year of construction activities and will be
conducted in accordance with Exhibit 8. Monitoring and maintenance will adhere
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The District does not typically consider the removal of exotic vegetation with
no hydrological enhancement as adequate mitigation. However. the applicant has
demonstrated that the mitigation areas where exotic veyetation is proposed for
eradication contains a significant presence of desirab e. native wetland
vegetation. Any scraping down of this area to extend the hydroperiod would
result in a significant loss of existing vegetation in addition to the
potential loss of a desirable native seed source for the recolonization of
this area. Additionally, the limited functions hrovided by the wetlands
proposed to be impacted warrant acceptance of t e type of mitigation hroposed.
Development of this project is not anticipated to negatively impact t e
existing hydrological regime within the project area.
The mitigation plan being developed to offset jurisdictional wetland impacts.
as defined by the ACOE and Miami-Dade DERM. totals approximately 1.888 acres.
Elements of that mitigation plan are contained within the Mitigation.
Management and Monitoring plan attached as Exhibit 8.
WETLAND INVENTORY:
NEW ENTIRE PRJ-ATLANTIC CIVIL. INC. ONSITE
Pre-Development Post-Development
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TOTAL RESTORED/
EXISTING PRESERVED UNDISTURBED IMPACTED ENHANCED CREATED
FORESTED 527.7 75.2 452.5 0 75.2 0
HERBACEOUS/SHRUB 459.4 0 447.1 12.3 0 0
TOTALS 987.1 75.2 899.6 12.3 75.2 0
UPLAND COMP: PRESERVED: N/A ENHANCED: N/A
ENVIRONMENTAL SUMMARY:
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The proposed project involves impacts to 12.3 acres of of the 987.1 acres of ~
wetlands identified in the FDEP-issued Jurisdictional Declaratory Statement.
The applicant proposes to excavate a 251 acre lake which will result in the
generation of 27.9 million cubic yards of material. Of this 27.9 million cubic
yards of fill. 4.3 million cubic yards will be utilized on-site to fill 891
acres. The 23.6 million cubic yards of material remaining will be sold off-
site.
SYSTEM OPERATION:
Atlantic Civil/Florida Rock And Sand Company, Inc.
PROPOSED LAND USE(S):
Agricultural
WATER USE PERMIT STATUS:
The applicant has indicated that if a water use permit is required in the
future for agricultural use. water use permit applications will be submitted.
POTABLE WATER SUPPLIER: ~
N/A
WASTE WATER SYSTEM/SUPPLIER:
N/A
DRI STATUS:
This project is not a DRI.
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SAVE OUR RIVERS:
~ The subject parcel was being considered by the District for addition to the
Model Lands Save Our Rivers acquisition project. The ap~licant. pursuant to
the provisions of Section 373.59(3), Florida Statutes. as requested (August
17, 1999) that the District delete the subject parcel from the Model Lands
project boundary.
The applicant. subse~uentlY. has requested that the portion of this groject
gro~osed to be fille (and additional contiguous ownership garcelS) e placed
ac on the list of acquisition parcels. The District. at t e April 13. 2000
Governing Board meeting, placed a portion of these pro~erties back on the list
of ~otential acquisition parcels. An effort to place t e remaining parcels
wit in SOI/ACI ownership (with the exception of the lake area) will be made by
the District in the near future.
SWIM BASIN:
This project is within the Biscayne Bay Surface Water Improvement Management
(SWIM) planning area.
RIGHT-Of-WAY PERMIT STATUS:
A Right-of-Way Permit is not required for this project.
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ENFORCEMENT ACTIVITY:
There has been no enforcement activity associated with this application.
THIRD PARTY INTEREST~
Concerns related to this project have been voiced by the Tropical Audubon
Society. National Audubon Society and the Environmental and Land Use Law
Center. These and other interested parties will receive a copy of this Staff
Report.
WELL FIELD ZONE OF INFLUENCE:
The project is not located within the zone of influence of a well field.
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V. APPLICABLE LAND AREA
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In the following table. the "OTHER" acreage is for the proposed borrow pit.
PROJECT
TOTAL PREVIOUSLY
PROJECT PERMITTED THIS PHASE
TOTAL ACRES 3186.00 3186.00 acres
PRESERVED 1945.00 1945.00 acres
PERVIOUS 990.00 990.00 acres
OTHER 251.00 251.00 acres
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VI. STAFF RECOMMENDATION Subject to Governing
~ The Staff recommends that the following be issued: Board Approval
Authorization for construction and operation of a surface water management
system to serve a 990-acre site that will be cleared. graded and filled to
be used for agriculture. In addition. a 251-acre borrow lake will be
excavated. No buildings. structures or road improvements are requested at
this time. This site is located in south Miami-Dade County. No off-site
discharge is proposed from this project.
Based on the information provided. District rules have been adhered to.
Staff recommendation is for approval subject to the attached
Standard LimitinQ and Special Conditions.
VII. STAFF REVIEW
NATURAL RESOURCE MANAGEMENT DIVISION APPROVAL
ENVIRONMENTAL E~ SUP~RVISOR ~
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~fe!tOk ~
~Anlta R. al n
W ~ DlRE~
~A - DATE: r~cP~
Robert G. Robbins ' ,
SURFACE WATER MANAGEMENT DIVISION APPROVAL
E~~NEERING EVAL~~ SU~
ar z Ca r os . e oJas. .'
DATE: ~/;o/tnJ
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LIMITING CONDITIONS
l. THE PERMITTEE SHALL IMPLEMENT THE WORK AUTHORIZED IN A MANNER SO AS TO .."
MINIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH. WILDLIFE. NATURAL
ENVIRONMENTAL 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 EROSION, TURBIDITY. NUTRIENT LOADING AND SEDIMENTATION IN THE
RECEIVING WATERS.
2. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERTY
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 62-302. F.A.C. IF WATER QUALITY DATA IS REQUIRED. THE PERMITTEE
SHALL PROVIDE DATA ON VOLUMES OF WATER DISCHARGED. INCLUDING TOTAL VOLUME
DISCHARGED DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM
THE PROPERTY OR INTO SURFACE WATERS OF THE STATE.
3. THIS PERMIT SHALL NOT RELIEVE THE PERMITTEE OF ANY OBLIGATION TO OBTAIN
NECESSARY FEDERAL. STATE, LOCAL OR SPECIAL DISTRICT APPROVALS.
4. THE OPERATION PHASE OF THIS PERMIT WILL NOT BECOME EFFECTIVE UNTIL THE
DISTRICT'S ACCEPTANCE OF CERTIFICATION OF THE COMPLETED SURFACE WATER
WATER MANAGEMENT SYSTEM. THE PERMITTEE SHALL REQUEST TRANSFER OF THE
PERMIT TO THE RESPONSIBLE OPERATIONAL ENTITY ACCEPTED BY THE DISTRICT. IF
DIFFERENT FROM THE PERMITTEE. THE TRANSFER REQUEST CAN BE SUBMITTED ..,
CONCURRENTLY WITH THE CONSTRUCTION COMPLETION CERTIFICATION.
5. ALL ROAD ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH
IN SECTION 6.5. "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT
APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH.
1994. "
6. ALL BUILDING FLOOR ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA
SET FORTH IN SECTION 6.4, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT
PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT -
MARCH. 1994."
7. OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT WILL BE MADE ONLY
THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT.
8. A PERMIT TRANSFER TO THE OPERATION PHASE SHALL NOT OCCUR UNTIL A
RESPONSIBLE ENTITY MEETING THE REQUIREMENT IN SECTION 9.0, "BASIS OF
REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH
FLORIDA WATER MANAGEMENT DISTRICT - MARCH. 1994." HAS BEEN ESTABLISHED TO
OPERATE AND MAINTAIN THE SYSTEM. THE ENTITY MUST BE PROVIDED WITH
SUFFICIENT OWNERSHIP OR LEGAL INTEREST SO THAT IT HAS CONTROL OVER ALL
WATER MANAGEMENT FACILITIES AUTHORIZED HEREIN.
9. THE PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT NOR ANY
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RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER
40E-4, FAC.
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10. THE 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
THE PERMIT.
11. THIS 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 OR OTHER IMPACTED PARTY. THE DISTRICT WILL REQUIRE THE
PERMITTEE TO MODIFY THE SURFACE WATER MANAGEMENT SYSTEM. IF NECESSARY, TO
ELIMINATE THE CAUSE OF THE ADVERSE IMPACTS.
12. WITHIN 30 DAYS OF 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 EXPECTED COMPLETION DATE.
13. WHEN THE DURATION OF CONSTRUCTION EXCEEDS ONE YEAR. THE PERMITTEE OR
AUTHORIZED AGENT SHALL SUBMIT CONSTRUCTION STATUS REPORTS ON AN ANNUAL
BASIS (VIA -~E SUPPLIED ANNUAL STATUS REPORT OR EQUIVALENT) BEGINNING ONE
YEAR AFTER THE INITIAL COMMENCEMENT OF CONSTRUCTION.
'- 14. WITHIN 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 CERTIFICATION MUST INCLUDE, AT A MINIMUM. EXISTING ELEVATIONS.
LOCATIONS AND DIMENSIONS OF THE COMPONENTS OF THE WATER MANAGEMENT
FACILITIES. ADDITIONALLY. IF DEVIATIONS FROM THE APPROVED DRAWING ARE
DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST BE
ACCOMPANIED BY A COpy OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS
NOTED.
15. WITHIN 30 DAYS OF ANY SALE. CONVEYANCE OR OTHER TRANSFER OF ANY OF THE
LAND WHICH IS PROPOSED FOR DEVELOPMENT UNDER THE AUTHORIZATION OF THIS
PERMIT. THE PERMITTEE SHALL NOTIFY THE DISTRICT OF SUCH TRANSFER IN
WRITING VIA EITHER FORM 0483. REQUEST FOR PERMIT TRANSFER; OR FORM 0920.
REQUEST FOR TRANSFER OF SURFACE WATER MANAGEMENT CONSTRUCTION PHASE TO
OPERATION PHASE (TO BE COMPLETED AND SUBMITTED BY THE OPERATING ENTITY).
IN ACCORDANCE WITH SECTIONS 40E-l.6105 AND 40E-4.351, F.A.C.
16. A PRORATED SHARE OF SURFACE WATER MANAGEMENT RETENTION/DETENTION AREAS,
~ 13
~
SUFFICIENT TO PROVIDE THE REQUIRED FLOOD PROTECTION AND WATER QUALITY
TREATMENT, MUST BE PROVIDED PRIOR TO OCCUPANCY OF ANY BUILDING OR ~
RESIDENCE.
17. A STABLE, PERMANENT AND ACCESSIBLE ELEVATION REFERENCE SHALL BE
ESTABLISHED ON OR WITHIN ONE HUNDRED (100) FEET OF ALL PERMITTED DISCHARGE
STRUCTURES NO LATER 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
WATER RESOURCE RELATED IMPACTS DO NOT OCCUR DURING CONSTRUCTION.
19. THE PERMITTEE MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION
DEWATERING, UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO
SUBSECTION 40E-20.302(4) , F.A.C.
~
14 ~
\ ,
SPECIAL CONDITIONS
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.
2. MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION
AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER.
3. 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.
4. 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 1 FOOT ABOVE CONTROL ELEVATION TO
INSURE VEGETATIVE GROWTH.
5. FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT
AN APPROVED MODIFICATION OF THIS PERMIT.
6. LAND USE BY THE PERMITTED FACILITIES IS AGRICULTURAL. PROPOSED
CONSTRUCTION OF RESIDENCES MAY REQUIRE MODIFICATION OF THIS PERMIT AND
MUST BE REPORTED TO THE DISTRICT.
7. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE
RESPONSIBILITY OF ATLANTIC CIVIL/FLORIDA ROCK AND SAND COMPANY, INC..
~ 8. SILT SCREENS. HAY 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.
9. THE SFWMD RESERVES THE RIGHT TO REQUIRE REMEDIAL MEASURES TO BE TAKEN BY
THE PERMITTEE IF WETLAND AND/OR UPLAND MONITORING OR OTHER INFORMATION
DEMONSTRATES THAT ADVERSE IMPACTS TO PROTECTED. CONSERVED, INCORPORATED OR
MITIGATED WETLANDS OR UPLANDS HAVE OCCURRED DUE TO PROJECT RELATED
ACTIVITIES.
10. 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 PERMITrEE SHALL NOTIFY THE SFWMD OF SUCH INTENTIONS FOR A
DETERMINATION OF ANY NECESSARY PERMIT MODIFICATIONS.
11. 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 SFWMD
APPROVAL. SUCH REQUESTS MUST BE MADE IN WRITING AND SHALL INCLUDE (1)
~ 15
,
REASON FOR THE MODIFICATION; (2) PROPOSED START/FINISH DATES; AND (3)
PROGRESS REPORT ON THE STATUS OF THE EXISTING MITIGATION EFFORTS. ~
COMPLETION DATE ACTIVITY
JULY 31. 2000 SUBMITT RECORDED CONSERVATION EASEMENT
JANUARY 1. 2001 BEGIN MITIGATION/CONSTRUCTION
JANUARY 1. 2002 COMPLETE MITIGATION AREA
JANUARY 1. 2002 BASELINE MONITORING REPORT
JANUARY 1, 2003 FIRST MONITORING REPORT
JANUARY 1. 2004 SECOND MONITORING REPORT
JANUARY 1. 2005 THIRD MONITORING REPORT
JANUARY 1. 2006 FOURTH MONITORING REPORT
JANUARY 1, 2007 FIFTH MONITORING REPORT
12. NO LATER THAN JULY 31. 2000. THE PERMITTEE SHALL SUBMIT A RECORDED
CONSERVATION EASEMENT FOR THE REAL PROPERTY DESIGNATED AS MITIGATION AREA
ON EXHIBIT B. THE EASEMENT SHALL BE GRAN-rED FREE OF ENCUMBERANCES OR
INTERESTS THE DISTRICT DETERMINES ARE CONTRARY TO THE INTENT OF THE
EASEMENT. THE EASEMENT SHALL BE IN SUBSTANTIAL COMPLIANCE WITH EXHIBIT 10.
ANY PROPOSED MODIFICATIONS TO THE APPROVED FORM MUST RECEIVE PRIOR WRITTEN
CONSENT FROM THE DISTRICT. THE PERMITTEE SHALL FORWARD THE ORIGINAL
RECORDED EASEMENT OR A CERTIFIED COPY TO THE ENVIRONMENTAL RESOURCE
COMPLIANCE DIVISION IN THE DISTRICT SERVICE CENTER WHERE THE APPLICATION
WAS SUBMITTED.
13. A MITIGATION AND MAINENANCE PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE
WITH EXHIBIT B AND SHALL INCLUDE THE ENHANCEMENT OF 75.2 ACRES OF ~
DISTURBED WETLANDS. THE MONITORING SHALL PROGRAM SHALL CONTINUE FOR A
MINIMUM OF FIVE YEARS WITH ANNUAL REPORTS SUBMITTED TO SFWMD STAFF. AT THE
END OF THE FIRST ANUAL MONITORING PERIOD. THE MITIGATION AREAS SHALL
SUPPORT A MINIMUM OF 30 PERCENT COVERAGE OF DESIRABLE, NATIVE FACULTATIVE
AND OBLIGATE WETLAND SPECIES. THE TARGET COVERAGE AT THE END OF THE SECOND
ANNUAL MONITORING PERIOD IS A MINIMUM OF 50 PERCENT COVERAGE OF DESIRABLE.
NATIVE FACULTATIVE AND OBLIGATE WETLAND SPECIES. AT THE END OF THE THIRD
ANNUAL MONITORING PERIOD. AND THEREAFTER. THE COVRAGE OF SUCH SPECIES
SHALL BE MAINTAINED AT A MINIMUM OF 80 PERCENT. MAINTENANCE SHALL BE
CONDUCTED IN PERPETUITY TO ENSURE THAT THE CONSERVATION/MITIGATION AREA IS
MAINTAINED FREE FROM EXOTIC VEGETATION (AS DEFINED BY THE FLORIDA EXOTIC
PEST PLANT COUNCIL) IMMEDIATELY FOLLOWING A MAINTENANCE ACTIVITY. EXOTIC
AND NUISANCE PLANT SPECIES SHALL CONSITITUTE NO MORE THAN 5 PERCENT OF
TOTAL COVER BETWEEN MAINTENENACE ACTIVITIES.
14. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE SUCCESSFUL COMPLETION OF THE
MITIGATION/MONITORING AND PERPETUAL MANAGMENT OF THE SITE, AS PERMITTED.
15. BY REFERENCE. THE JURISDICTIONAL DECLARATORY STATEMENT (BJ-13-172272-6)
AND THE REVALIDATED JURISDICTIONAL DECLARATORY STATEMENT (13-251157-6) ARE
INCORPORATED INTO THE PERMIT FILE.
16. NO IMPROVEMENTS TO THE ROADWAY NETWORK IS AUTHORIZED PURSUANT TO THIS
~
16
,
PERMIT. ANY MODIFICATIONS OR IMPROVEMENTS TO EXISTING ROADWAYS WILL
REQUIRE A MODIFICATION TO THIS PERMIT.
~ 17. PURSUANT TO EXHIBIT 11, ANY MATERIAL STOCKPILED WITHIN THE PROJECT SHALL
NOT BE STORED OUTSIDE THE AREA PERMITTED TO BE EXCAVATED PURSUANT TO THIS
PERMIT.
18. PRIOR TO CONDUCTING ANY AGRICULTURAL ACTIVITIES. INFORMATION SHALL BE
SUBMITTED TO THE DISTRICT EXPLAINING HOW THE AGRICULTURAL ACTIVITY WILL BE
CONDUCTED. IF ADDITIONAL WORKS ARE NEEDED TO SUPPORT THE AGRICULTURAL
ACTIVITY, A PERMIT MODIFICATION WILL BE REQUIRED.
19. NO SORTING OR PROCESSING OF EXCAVATED MATERIAL INTENDED FOR OFFSITE USE
SHALL OCCUR WITHIN THE PROJECT BOUNDARIES.
~
~ 17
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AODLlREV~St:O SUBMIT
...
HA,~ ? 0 20na
Atlantic Civil, Inc.
Mitigation, Monitoring and Maintenance Plan
for SDI Property
(South Florida Water Management District)
Submitted by: ..."
. EAS Engineering, Inc.
55 Almeria Avenue
Coral Gables, Florida 33134
Revised March 17.2000
.
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EXHIBIT 8A "W
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Contents
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Page
BACKGROUND 1
EXISTING CONDmONS 2
THE MmGA TION SITE
for the Corps of Engineers and DERM 3
for the South Florida Water Management Districte 3
MITIGATION PROPOSAL 3
MITIGA nON SCHEDULE
for the Corps of Engineers and DERM 3
for the South Florida Water Management Districte 5
INDIGO SNAKE MONITORING PLAN 5
W
SHORT-TERM MAIN1ENANCE 6
MONITORING
for the Corps of Engineers and DERM 7
for the South Florida Water Management Districte 7
REPORTING
for the Corps of Engineers and DERM 7
for the South Florida Water Management Districte 7
SUCCESS CRITERIA 8
LONG-TERM MAINTENANCE 9
'- EXHIBIT8J3 -1-
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BACKGROUND
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Florida Rock & Sand Co., Inc. has submitted permit applications for a proposed :t250 acre lake,
::!:990 acres of fill, and ::!:l ,890 acres of mitigation in southern Dade County, Florida, Sections 27
through 33, Township 57 South, Range 39 East and Sections 4, 5 and 8, Township 58 South, Range
39 East. Figure 1 shows the location of this project. Figure 2 presents the site plan. Applications
are being reviewed by the US Army Corps of Engineers, the South Florida Water Management
District (SFWMD) and Miami-Dade County DERM. Each agency has different areas of wetland
jurisdiction, as summarized below.
Table 1. Summary of welland impacts and mitigation for lhe lake.
Jurisdictional Wetland Impacts Acres of . Mitigation Excess
Agency Acres (FV units) Mitigationt Provided Mitigation
(FV units) (FV units)
SFWMD 3.1 1.0 20.4 N/A* N/A*
DERM 95.8 51.7 336 69.3 17.6
CORPS 142.4 70.2 336 69.3 (0.9)
Table 2. Summary of wetland impacts and mitigation for the fill.
Jurisdictional Wetland Impacts Acres of Mitigation Excess ."""
Agency Aeres (FV units) Mitigationt Provided Mitigation
(FV units) (FV units)
SFWMD 9.2 3.1 54.8 N/A* N/A*
DERM 663.8 286.5 1,552 301.3 14.8
CORPS 545.0 250.4 1,552 301.3 50.9
... The mitigation has not been broken down by agency. except for that of SFWMD.
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* The South Florida Water Management District does not accept WRAP assessments. Instead, the District has
required a 6:1 mitigation ratio.
The jurisdictions of the various agencies overlap in some areas, but not in others. By superimposing
the various jurisdictions in an ArcView shape file, it was calculated that the total area falling within
the wetland jurisdiction of any agency in the lake is 155 acres, and in the fill is 720 acres.
The mitigation sites will be subject to a Conservation Easement. This document presents a plan for
implementing the mitigation, maintaining the site, and monitoring the success of this enhancement
effort. This mitigation plan is based on the results of a WRAP (Wetland Rapid Assessment
Procedure) assessment that was submitted to the agencies, which defined the wetland impacts and
mitigation benefits.
EXHIBITgC -1- ...,
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EXISTING CONDITIONS
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A helicopter survey of the subject property was conducted on July 15, 1999 with representati ves of
the Corps of Engineers and DERM. Another flight on March 3, 2000, with representatives of the
SFWMD and DERM, combined with several ground truthing inspections, resulted in the vegetation
map of the project site shown in Figure 3. The predominant cover types are described below:
Prairie (P) - Prairie areas are dominated by Sawgrass (Cladiumjamaicense). Most are open areas
with no canopy, however, some appear to have been dominated by Australian Pine (Casuarina
equisetifolia) in the recent past, but recent bums have killed or defoliated the pines. Large areas of
Prairie, particularly in the eastern portion of the project site, are dominated. by Cattails.
Prairie with Australian Pine (PAP) - These areas are dominated by live Australian Pine, however,
there is an understory of native wetland vegetation, including Sawgrass and Leather Fern
(Acrostichum spp.).
Disked But Not Fanned (DBNF) - These are areas that were cleared in the past. Some may have
been planted. with crops, but they have been allowed to return to a relatively natural wetland
vegetative composition. Others were never planted, but continue to be disked. Many of these areas
still have Malanga and Sesbania, some are coming back in dense Willow (Salix caroliniana), but
there is an assortment of native wetland vegetation as well, such as Duck Potato (Sagittaria spp.) and
Beakrush (Rhynchospora spp.).
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Forested Wetland (FW) - These are densely forested areas representing a wide spectrum of
vegetation ranging from monocultures of Brazilian Pepper on one extreme to Bay Head vegetation
on the other. The bay head vegetation is dominated by Dahoon Holly, Wax Myrtle and Myrsine.
There is also a substantial amount of Shoebutton Ardisia in the understory of this cover type. Since
it is very difficult to distinguish desirable vegetation from exotic vegetation, a single classification
is used to represent both, and an average WRAP score was used for this cover type.
Sesbania (SESB) - These are actively fanned areas which were dominated by Sesbania at the time
of our summer surveys, but were planted with corn in the winter.
Disturbed (DIST) - This area was recently filled, apparently with clean fill. The areas beneath the
FPL power lines are also designated as disturbed.
Mitigation (l\1ITIG) - This area is the mitigation site for past DERM "ag" violations. It is a mosaic
of marsh and tree island vegetation.
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THE MITIGATION SITE (for the Corps of Engineers and DERM)
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The mitigation (Figure 2) will consist of:!: 1,890 acres of wetland enhancement to compensate for
the proposed excavation and fill associated with this application. Unpaved roads, accessible from
S.W. 344th St. and Card Sound Road, provide access to the mitigation sites.
The primary cover types in the mitigation areas are Forested Wetlands, Prairie and Prairie with
Australian Pine. There are indications that some of this area was cleared historically, although aerial
photos dating as far back as 1963 reveal no signs of fanning.
THE MITIGATION SITE (for the South Florida Water Management District)
The District's mitigation site is shown in Figure 5. It encompasses 75.2 acres, of which 20.4 acres
are proposed as mitigation for the lake impacts and 54.8 acres are proposed as mitigation for the fill
impacts. This site presently consists of a mix of Prairie and Forested Wetlands.
The legal descriptions are:
SFW1\ID Mithzation Area for the Lake
Lots 6 and 7, Block 3, Section 27-57-39
SFW:MD Mitil!ation Area for the Fill
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Lots 3, 4, 5 and 8, Block 3, Section 27-57-39, plus those portions of Lots 9, 10 and 11, Block 3,
Section 27-57-39 lying north of the FPL right-of-way
MITIGATION PROPOSAL
The enhancement will consist of the removal of exotic and nuisance native vegetation from the
mitigation sites. Clearing will be done under the supervision of a qualified biologist. Wherever
possible, heavy equipment (bulldozers, rakes, etc.) will be used for the clearing. In areas with
substantial coverage of desirable vegetation, the clearing will be done manually (chain-saw,
herbicides, machete, etc.). Cl~ared vegetation will be placed in piles and burned on site.
The applicant does not propose to modify the existing hydrology in the mitigation areas. The
presence of native, wetland vegetation in all of these areas suggests that the existing hydrology is
adequate to support wetland vegetation.
MITIGATION SCHEDULE (for the Corps of Engineers and DERM)
The applicant has agreed to a phased mitigation schedule which will ensure that there is no
significant time lag between wetland impacts and mitigation. The phasing plan is summarized
F.\WP980008~n H I BIT ;- 6 ...,
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below:
'W Lake Mitigation: The mitigation for the lake has been divided into quadrants as shown in
Figure 4. The first quarter of the mitigation for the lake will begin as soon
as lake excavation activities begin (regardless of whether or not the
excavation occurs in jurisdictional wetlands), and will be completed within
one year. Lake excavation activities include land clearing, de-mucking,
blasting, as well as actual extraction of lime rock. The same schedule will
apply to each subsequent quarter of lake excavation, i.e. one-half of the lake
mitigation will be completed within one year after lake excavation expands
into the second quarter of the lake, three-quarters within one.year after lake
excavation expands into the third quarter of the lake, and all of the lake
mitigation completed within one year after the lake excavation moves into the
final quarter of the lake.
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Fill Mitigation: A similar phasing schedule will apply to the fill, but it matches the percentage
of fill in jurisdictional wetlands, and it will only apply to fill in jurisdictional
wetlands, since the area proposed to be filled contains almost 300 acres of
uplands for which no environmental permits are required.
The mitigation phasing is proposed to proceed in percentage increments
OW matching the progress of the fill in jurisdictional wetlands. Once filling
begins in jurisdictional wetlands, annual assessments will be made of the
extent of jurisdictional fill, and the applicant will have one year to complete
that same percentage of the fill mitigation. The areas most heavily infested
with exotic vegetation will receive priority, so that the uplift will be front-
loaded, i.e. maximum uplift in the early years of mitigation. The
prioritization will be done in consultation with DERM, and is subject to
periodic revision as circumstances change.
An example of the phasing calculation for a theoretical year's jurisdictional
fill and mitigation is presented below:
Given:
a Total :Tt:'::J of jurisdictional wetland:; to be filled = :!:720 acres
b Total area of mitigation for the fill == :!:1,552 acres
Assume:
c Jurisdictional fill completed during the previous year = 40 acres
Calculate mitibation requirement for that ye,u':
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c / a * b = 40 ac /720 ac * 1,552 ac = 86 ac ~
This phasing system will require annual accounting for all fill, excavation and mitigation completed
during the preceding year and estimates of the proposed fill and excavation for the following year,
along with the proposed location and scope of mitigation proposed for the following year. Annual
accounting reports will be submitted to the regulatory agencies no later than January 31st of each year
for the duration of the project.
MITIGATION SCHEDULE (for the South Florida Water Management District)
Using the 6; 1 (acre:acre) mitigation ratio required by the District yields a total of 73.8 acres of
mitigation for the District (18.6 for the lake, and 55.2 for the fill). The proposed mitigation for the
District (Figure 5) includes 75.2 acres, which is slightly more than required.
Since the mitigation required for the District is so much smaller than that required by the Corps and
~ DERM, all of the District's mitigation was located in the first quarter of the lake mitigation for the
Corps and DERM. This will ensure that all of the District's mitigation is completed within the first
year after lake construction begins.
INDIGO SNAKE MONITORING PLAN
The applicant, in coordination with the US Fish & Wildlife Service, shall prepare an indigo snake
protection/education plan for this project. A draft plan will be submitted to the USFWS, with a copy ...,
to the Corps of Engineers, within sixty (60) days after the Corps permit is issued. Comments from
the USF\VS will be incorporated into the plan before it is finalized.
A qualified observer will be present on site during all cleJring phases of the construction to watch
for indigo snakes, inspect for gopher tortoise burrows and to take reports from construction crews
on their observations.
The applicant shall provide education materials on this species for the use of the construction crews.
At a minimum, the applicant will describe the snake and its protected status to the potential bidders
at the pre-bid meeting, and will ex plain it in more detail to the selected contractor at the
pre~constmction meeting. Brochures will be distributed to the contractor and posters installed at the
work site. Tbe contractor will also be instructed to coordinate with the O\"1<)erver, to notify him (or
her) of any snake sightings, and to cease work if an indigo snake is observed until the snake has left
the work area.
If a gopher tortoise burrow is found during construction, construction crews will be instructed to
avoid that area (work somewhere else) until the indigo snake observer has had a chance to inspect
the burrow. The observer will mark a five (5) foot radius around each burrow with surveyors tape.
If the burrow is occupied. it will be preserved. If unoccupied, the tape will be removed and work
F:\wp9800\9 802\mi ti g4. wpd EXHIBIT89 --
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will be allowed to continue.
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The Contractor will be required to maintain a daily log of any snake or gopher tortoise burrow
sightings, and at the end of construction a monitoring report will be submitted to the USFWS, with
a copy to the Corps of Engineers, summarizing any sightings and any activity resulting from the
sightings, and a map showing the locations of any gopher tortoise burrows that will be preserved.
SHORT- TERM MAINTENANCE
During the first two (2) years after completion of the initial clearing, maintenance will be conducted
quarterly. After this initial two year maintenance period, maintenance will be conducted semi-
annually, as needed, for an additional three (3) years. Exotic vegetation will be removed from the
site manually if possible (i.e. saplings); larger trees will be controlled with herbicides. The exotic
vegetation that will be cleared and kept out of the site is listed in Appendix A (Exotic Pest Plant
Council's 1995 List of Florida's Most Invasive Species). Table 3 presents a list of additional species
that will be removed from the site.
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Table 3. List of.spede"SicdJe remoV:ea"froin'the rriiii:gati6n site during mwnteil"ance ~fforts.} .:
SCientific .Name ..c.... ...,. ... . . :?;(,::. . , ',:~
'COIIllr1()D Name . :,
Ardisia solanacea Shoebutton Ardisia
W Borreria laevis Borreria
Cissus sicyoides Possum Vine
Commelina diffusa Dayflower
Ludwigia peruviana Primrose Willow
Melothria pendula Creeping Cucumber
Parthenocissus quinquefolia Virginia Creeper
Solanum blodgettii Solanum
Trismeria trifoliata Trismeria
Vign;1 luteola Cowpea
Typha domingensis Southern Cattail
One additional element of this mitigation proposal will be early maintenance. A maintenance
contract will be issued at the same time the contract for exotic removal is issued, and maintenance
crews will accompany the construction crews during the initial clearing to get an early start on
preventing seedlings of exotic and nuisance species from re-colonizing after the mature trees are
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cleared. The maintenance contractor shall assume responsibility for maintaining sub-parcels of the
mitigation site as soon as the clearing contractor's work is accepted by the applicant. ..."
Maintenance activity shall be documented in maintenance logs, and the logs shall be submitted with
the monitoring repon for each monitoring period.
MONITORING (for the Corps of Engineers and DERM)
The mitigation site will be monitored quarterly during the first two years, and semi-annually
thereafter for a period of five (5) years. Semi-annual monitoring will occur after each maintenance
period, so the monitoring will document the effectiveness of the maintenance. Baseline (Time Zero)
monitoring will occur as soon as possible after the first phase of clearing has been completed.
Monitoring will consist of fixed stations established at random during baseline monitoring. The
total number of stations will not exceed 15, but they will be added as the mitigation is phased in over
the life of the project, i.e. one monitoring station will be added for each :tI25 acres of additional
. mitigation completed. Percent cover, by species, will be recorded in four fixed, 1m x 1m quadrats
established to the nonh, east, south and west of each station. There will therefore be a total of sixty
(60) 1m2 quadrats. Photos will be taken of each quadrat each monitoring visit.
Each monitoring report will include the maintenance logs for the corresponding period of time.
MONITORING (for the South Florida Water Management District)
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The mitigation for the District will begin at the same time construction begins and will be completed
within one year. Only one monitoring station (Figure 6) is proposed in the District's mitigation area,
since it is only a small part of the"overal1 mitigation. The monitoring at that station will be as
described for the Corps and DERM, i.e. four fixed, 1m x 1m quadrats established to the north, east,
south and west of a fixed station marker. A staff gauge will be installed in the mitigation site, close
to one of the access roads. Rainfall data will be obtained from Homestead General Aviation Airpon.
Fixed photographic stations will be established at the comers of the mitigation site (Figure 6).
REPORTING (for the Corps of Engineers and DERM)
Monitoring repons will be submitted to the Army Corps of Engineers, the SFWMD and DERM
within thiny (30) days after each monitoring visit.
REPORTING (for the South Florida Water Management District)
Mitigation and monitoring are expected to follow the schedule outlined below:
Begin Mitigation/Construction January 1,2001
Complete Mitigation January 1,2002
Baseline Monitoring January 1, 2002
F:\wp9800\9802\mitig4. wpd -7- ....,
E"HIBIT
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First Quarterly Monitoring April, 2002
'-" Second Quarterly Monitoring July, 2002
Third Quarterly Monitoring October, 2002
Fourth Quarterly Monitoring January, 2003
Fifth Quarterly Monitoring April, 2003
Sixth Quarterly Monitoring July, 2003
Seventh Quarterly Monitoring October, 2003
Eighth Quarterly Monitoring January, 2004
First Semi-Annual Monitoring July, 2004
Second Semi-Annual Monitoring January, 2005
Third Semi-Annual Monitoring July, 2005
Fourth Semi-Annual Monitoring January, 2006
Fifth Semi-Annual Monitoring July, 2006
Sixth Semi-Annual Monitoring January, 2007
SUCCESS CRITERIA
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The following success criteria are proposed for the mitigation site:
End of Year One 30% cover by native wetland vegetation
<5% cover by exotic and nuisance vegetation*
End of Year Two 50% cover by native wetland vegetation
'-' <2% cover by exotic and nuisance vegetation* immediately following
a maintenance activity, and <5% between maintenance activities
End of Year Three 80% cover by native wetland vegetation (Le., a mosaic of
prairie/marsh interspersed with wetland tree and shrub species and
open water)
<2% cover by exotic and nuisance vegetation* immediately following
a maintenance activity, <:IflU <5% between maintenance activities
>I< As listed in Appendix A and in Table 1, with
In addition, it is expected that a mosaic of different plant associations will result, offering some
structural diversity_ At least three distinct cover types are expected to result:
a. Open prairie should result in the areas now categorized as Prairie and Prairie with Australian
Pi,~f' ::Jfter the Australian Pines are killed. The snags will be left as perches for birds, and
there will be no heavy equipmel1l used in these areas. Only selective clearing will occur.
These are the only cleared areas that we expect to be dominated by Sawgrass.
b. Clusters of desirable woody vegetation will be left. These will be analogous to tree islands,
but their distribution and species composition cannot be predicted at this time. It is expected,
however, that these areas will include species such as Dahoon Holly, Sweet Bay, Myrsine,
MUbl1olia, Wax Myrtle, Cocoplum and Red Bay to the extent that they now exist on the site.
Here also, only selective clearing will occur; no heavy equipment will be used. This cover
'-' type is expected to occur in about 50% of tht.: 3.reas categorized as Forested Wetlands.
F:\wp9800\9802\mitig4. wpd EXHIBIT 8;
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c. Areas dominated by Brazilian Pepper and/or Ardisia will be completely cleared. It is difficult
to predict what type of cover type will result, but it is expected to become similar to wetlands "fill'
that have been disked in the past, but without any exotic vegetation.
An adaptive management approach is proposed for this enhancement. The adaptive management
team will consist of the applicant, its consultants, and representatives of the following agencies:
US Army Corps of Engineers
US Fish & Wildlife Service
South Florida Water Management District
Miami-Dade County DERM
Feedback from the monitoring will provide the adaptive management team with the information it
needs to determine whether the applicant's efforts have been successful. Shifts in maintenance
methods and scheduling can be made to improve the results if the monitoring reports indicate that
this is necessary.
'" The applicant shall be responsible for scheduling and coordinating meetings of the adaptive
management team. The first meeting shall be scheduled no later than six months after the initiation
of mitigation clearing, and semi-annually thereafter for a minimum of three years. Meetings after
the first three years shall be scheduled at the discretion of the adaptive management team.
Recommendations of the adaptive management team will be summarized in a draft Action Plan to
be prepared by the applicant no later than thirty (30) days following each meeting. The Action Plan
shall include an implementation schedule and methodology for accomplishing the recommended
actions.
Should the success criteria be achieved after three years, monitoring will be reduced to an annual ..",
schedule for years 4 and 5. Should the success criteria not be achieved, the adaptive management
approach will provide the applicant with early warning and remedial action will be taken
immediately. Remedial actions could include methods such as increased herbicide applications,
controlled burning, mowing, plowing or re-planting.
LONG TERM MAlNTENANCE
Atlantic Civil, Inc. will be the entity responsible for long term maintenance of the mitigation site.
EXHIBIT8K
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Figure 1
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'-" March 7 2000
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ExIsting Vegetation
DBNF (Dlsked. But Not Farmed) 0.25 0 0.25 Miles
"" DIST (Disturbed) I I EAS~.lnc.
FW (Forested Wetlands)
MITfG (ExIsting Mitigation) N 55 Almeria A~.
P (Prairie) -<r Coral Gablet. FL 33134
PhorJe (305) 445-5553
PAP (PraIrie with Australian Pine) Fu (305) 444-2112
SESe (Sesbania) Emd~ng.com
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Phasing of lake Mitigation Figure 4
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SFWMD Conservation Easement l
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Mitigation For:
o Fill (approx. 54,8 ae.)
~ Lake (approx. 20.4 ae.)
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EAS engineering, Inc.
55 AImerta Ave.
Coral GabIea. R.. 33134
Phone (305) <W5-55S3
Fax (305) 4401-2112 ,
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Figure 6
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Photo Station T
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Mitigation for:
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Monitoring Plan for SFWMD Mitigation Site
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Appendix A
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EX~ UBll
"Fr"" .'"8"R
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DEFINITIONS: Exotic-a non-indigenous species, or one introduced to this state, either pllIposefully or . '-
accidentally. A naturaljzed exotic. such as those listed here, has escaped into the wild where it reproduces
OD. its own either sexually or asexually. Native-a species already occmrlng in Florida at the time of
European contact (1500). In1Jasrve-a variable condition defuied by the cau=gory to whicb the species is
assigned.
AbbreviatioDS used: for "Gov_list": P = Prohibited by Fla. Depl ofEnviromnental Protection, N ==
Noxious weed listed by Fla. Dept .of Agriculture & Consumer Services and/or U.S. Department of
Agriculture. for "R~g. Dis. "; N = north, C = central, S = south, referring to each species' current
distribution in general regions ofFIorida (not its potential range in the .state).
LIST PREPARED BY ';7~ Exotic P~st Plant Council's
PEST PLANT LIST COMMlTI'EE:
. Daniel F. Austin (CO-CHAlR), Department of Biologica1 Sciences, Florida Atlantic University,
Boca. Raton, FL 33431
Kathy CroddockBurks (CO-CHAIR), Invasive Plant Management, Florida Dept. of Environmental Protection,
~915 Commonwealth Blvd., MS 710, Tallahassee, FL 32399
Nancy Coue, Division of Plant Industry, Florida DeplU1l:D;CIlt of Agriculture aDd Consumer Services,
P.O. Box 147100, Gainesville. PI.. 32614
James DuqueS1le~ Flori da Park Service, Fiorida'Depanm.ent of EnVironmental. Protection,
P.O. Box 487, Key Largtl, PI.. 33037
David HaIl, Consulting botanist, 6241 N.W. 23rd St, Gainesville, FL 3.2653
Ken Langeltmd, Cellter for Aquatic and Invasive Plants, IF AS, University of Florida.
7922 N.W. 71st St.. Gainesville, FL 32606
Joe Maguire, Depa.ItlIlent of Natural Areas Management, Miami-Dade County
111 N.W.1st SI:.., Ste. 1310, Miami, FL33128 .."
. Mark McMaiwn, Restoration consultant, 6110 S.W. 55111 Ct, Davie, FL 33314
Robert Penberton., Agriculrural Research Station, U.S. Depamnent crf Agriculture. 2305 College Ave.,
Ft. Lauderdale, PI.. 33314
DanielE. Ward. Department ofBotllny, 220 Bartram Hall, University of Flori cia, Gainesville. FL 32611
Richard P. 'f,l'underlir1, Depanment of Biological Sciences, University of South Florida, Tampa, FL ~3620
For more infonnation on invasive exotic plants, including links to related web pages, visit the
~ EPPC web site: btto:lIwww.f1.eonc.orl!
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EXHIBIT8 s .."""
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Category I . Species that am invading and dUrupting native plaIlt clll'l11l1tm.itir:a in PlDridll. '.11Iir definition dollS nor T"t!ly on rhl!"
'C/J1IOmic s~eriTy Dr eographic ran , of tM prob1on. but on thl dOcU11lentl:d I:l:"Iopcal damcg, cauJ'ed.
j
ScientificNlJ11re Common N~ R~g. Gov. Scientific Name Common. Name Reg. Gov.
Dill. I...ist Dis. ' List
Abrus pricarorius rosllI)' pea C.S Lorticern japonica Japn. hOl1eywekle NCS :
i
Acacia ear}es.f 1lCllCia. S [,ygodUun. joponicum lap. climbing rem NCS N ,
I1UricuJiformir Lygodium Old World C.S N
Albtzia jul!brirSill miml1sa.. silk tree N.C mkropJryllum climbing fun
Albizia !~beck womAn's ttll1gne C,S Mac:frtdYIl7W. cat's-cla.w vim: NCS
Ardisia crt!nara coral a:rlUiI1 N,C ungui.r.cari i
Ardisia ellip"lica sboeoottol1 ardisiA S Meiaullca IDeluenca C.S l!'7N
Asparagus upl!Jl1I1lS- fern C,S qUUupl/!ne7'1'ia
tUnsifIoru.r M6lia tJUd.aTat:h. Cb.inlIberry NCS ,
Bauhinia orcbi~ttee C.S MImOSa pig1l1 eatclaw mimo8ll. C.S P;N ,
variegOUJ. Nandina. d017ll!#ica hcavcaly ~embDO N
Biscil ofla jrrvanica. bisc:hofill. C.S Nt!phroh!pis cort/ifolia sword fern NCS
Calophyllum. sama maria S Nephrolepis mrtltiflora .Asian swOJd fl!lll e.S,
.. muillanum Neyraudia But:oIlI reed , C,S 'N
r6}'lIO.Udiana.
COJ'uarina Austtalisn pine ,NCS l' PlMderia cnukio.Ijana seM:!' vine S N
t!1!"isetifolia PlMa/!riafo/!"lido. skunk: vine N,C N
Ca.ruarinn gtJmca suckering A. pine C,S P Pantcum repe1lJ torpedo grass NCS
Ce.rtrl4m diUnlrtm day je.namine C.S l'enniselUm. Napier gt"llSS C.S
Ctnnamomum enmphOl"" lIEe NCS pU7purtum
c(1Jt1{1hora Punt! smut.o~s waa:r--le= NCS p
Coloca.sia taro, wild taro NCS Psidium ca.ttleianum SlIawbeny guava C.S
I!Scul~/'lllJ P:idium guaj(llJa guava c..S
~ CotubrinLJ. c.:rialica 1athetieaf S Pueraria monlrUla kud%n vine NCS N
CuptVIiopsu catttltwood C.S N RlwdomyrTlLf downy rote-myrtle C,S N
anacamioide.< romentO,fa
Di oscor/!a. alara winged yaro NCS N Rho~o sparitact!a oys= plant S
Dioscorea air-pOlll.to NCS N Saptum st!hif~rum. Chinese [allow NCS N
b"ulbij'ra SC(JJ!\1(J!.a StriCi!fJ. beach Dlll1pab. C.S
Eicllhomia watcr.hyacinth NCS P Scltefftera seiteffle.ra. C.S
crlUsipes actinopJryllo.
Eugt!nia unij10rtl S winam-cberry C.S Scizil'1JlS Brazilian pepper NCS P,N
Ficu.' microcarpa. lllllmi fig S tt!rebmrhifolius
HydrilIa vllrTiciUata bydrlllrr. NCS P,N $r:nnD penduia ChristmllS SllIl!Ill C,S
Hygl.".ohiIa green hygro NCS P,N Solanum ramptcerue wetland C,S N
polysp/!TTrlCJ nighlihade
HyrMnachne West lndian marsh C.S Solanum rol"liUM s1IJUmber S N
ampl~clWli1 grass Solanum viarum ttopicalloda apple NCS N
SyryRium Cllmini Java Dlum S
Irnpt7l1ta cyIiIUlri.ca cogan graiS NCS N TtC%aria incira incised halberd S
Ipomoea aquarica water-spinach C 1',N !em
lasmimzm dicharomum Gold CollSt C.S Thr:spcsia populnea seaside mahoe C,S
jasmine T1'IUi~scanrta whi!!:-ftow=d N,C
1 asmiuum .flumineH.~e Brwl.hnjumine C,S flumi~n.ris wandering Jew
LanrantJ cama1ll lantana NCS
Li1(umwn rinDfSC! Chinese nrivet NCS Urochloa mrmca Pani lZra;;3 C.S
~
EXHIBIT 8T
.', . ,i:./ \: : ..
.
Category IT . Species tbat have shown 11 po=tial to disrupt natiYl!: pllUlt ClO2DlDll!li.ties. ~e species may become rD11k.d as ,..
Cautory 1. but hmle not yet demonsrrar:ed dimtption of 1IIlIlllYli. Ron'cia communirie.r.
Scientific Name: Common Name Reg. Gov, Scientific Ns.mc Common Name Reg. Gov.
Dis. List DbI. List
ALM1/t11Ithmz pavtmina zed sandalwooD S Melinis milUltiflora molasses gmss S
Agl%lle walana sua! hemp C,S Merrmria rubtro:a wood-rose S
Alelllltu jurdfi tuils oil tIl:e N' Mumzyc: panicuwa onnge-jessaminc: S
Alstonip 1N1cropJryIla devil-tre S Myriopkyllwn EllrBSim N,C P
Alte77UinChlra BlliptOr weed NCS P spicamm watemlilfoll
plUitueroider Ochrosia paTViflora kopsia C.S
Arlredero.leptorrachya Madeir.l vine S OeceoclJ:uies mDr:llltzW. lawn ort:hid C.S
An1izonon IeproPIlI ccmll vine NCS Passiftoro. biflora 2~tlowr. pllllsion v. S
Aristo/.ochia littoralis clllico flower N,C Passiflora foeti. stinking PusiOll v. C.S
Asystosia ,angelica Ganges primrose C,S Phoenix n:clinam SCllepl. datil palm C.S
Begania CllCulUua WRlC berooia N,C Phyllorto.cJrys allrea golden bamboo N,C
Brorusoniria pllpl:r ma1b=ny NCS Pttm vittara Chinese bxakcfcm NCS ,
papyriftrt1 PtyCMllpermD. elegmu 5olitlUj' paiJn S
Callisia jrtJgrrJ1l.'r inch plant C.S Rhynchel,""1fl repens Natal grass NCS
Cmu.ll1'iM AutraJian piJle C,S p Ricinru COrn1l'lWlU CllSlDr bean NCS
.. c:unninl!hami.ana RuelUa. brittanicuw. MexiC4l1 Eletmlia: NCS
Cereus un.tiatu.r night-blooming C. C,S Santnieria bowstring- helllp NCS
Clerodendron bungei scented NCS hyacinthoides
glorybowC1' Sesbtmia pu:rtict!a purple sesban NCS
Cryptosregia. rubber vine C.S Solanum mpJryllum 2-lw n1lJhlSb.ade NCS
madag4tCtlritnsis Solatr.um jDJ'llaicen3e JlII:l1JIica C
Cypenu Dlremifauu.s umbrella plant C.S nightshade
Cypenu prolljlr dwarfpapyzm C Syntoniu.m mrowhead vine C,S
DaIbergia siuoo lndia.ll rosewooD CoS podophyllum
Ekaxnu.r l1llnxen.r silvcrthom N.C Svrllrium jombo: rose-apple C.S
Enurolabium ear-pod tree C Ttmllinalia CJlwppa ttDpical almond C,S
contorli:liquum Tribulus cisroidu bw:mut C.S
EpipTDrUlWT1. pinlUlrum pathos S Tripwia trifolillla limebmy S ."""
cv.Atmum Urena lobcuo Caesll1"s weed NCS
Ficus lIltissima false banyan S Wedelia rrilobtna wedeli.e. NCS
FlaCOllrtia indica gtlvemor's pltUIl S W'.r.rteria sinen.ris Chinese wistuill. N,C
Flruggea virosa Cbinue S XImthosoma elephant elU" C,S
watcrbCIJ:V sallittifalillm
Hibiscus tilic:::~~,< mahoe C.S
Hipragt butghalelllis hiptage S
Jasminlll1lsambac Arabi81\ j asmine S
KOllreureria elegD1U gOlden rain tre~ N.C
uuClUrw lead tree C.S
leucoctpha.lD.
LigusCT1tflllu.cidu.m giouyprivet N,C
Li1Ii.rrOM chi~n.ro Chinese fan palm C,S
~~?l.~DIT ....,
E \rli: c ' 8 0
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.. . ~~
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.
,/
STATE OF FLORIDA
'-' DEPARTMENT OF COMMUNITY AFFAIRS
"Helping Floridians create safe, vibrant, sustainable communities"
,
IE! BUSH STEVEN M. SEIBERT
GO\Iemor Secretary
November29, 1999
Edward A. Swakon, P .E., President
EAS Engineering, Inc.
55 Almeria Avenue
Coral Gables, Florida 33134 ,
RE: Florida Rock and Sand Company, Inc.
v SF\VMD Application No. 990720-17
Dear?vfr. Swakon:
-
Thank you for your letter of October 25, 1999, providing additional infonnation
regarding the Florida Rock and Sand Company (Flo.rida Rock) proposal for the SDI Property in
~ ' Miarni.Dade County. Since it appears Florida Rock will not d,eve1op any lands falling under the
"Envirorunental Protection" designation in the Miami-Dade County Comprehensive Master
Development Plan (CD:MP), and given the information provided us by Florida Rock, the
Department has determined the project is consistent with its responsibilities under the Florida
Coastal Management Program (FCMP)~
Thank you for your cooperation in resO'lving this matter and '..,ve appreciate your efforts in
working \\ith the Miami-Dade County Planning Department to ensure this project complies \\ith
all applicable requirements in the County's adopted comprehensive plan. If you have any
questions, please contact Hank Vinson with the Florida Coastal Management Program at (850)
922-5438.
Sincerely, -- "-
~~
James Robinson
Assistant Secretary ......-
EXHIBIT q i-:~; If ~ ~_...
JRJhv ..... ~ ~-...::...
./ cc: Rob Robbins, SFWMD
'-" 2S55 SHUMARD OAK BOULEVARD. TAllAHASSEE. FLORIDA 32399.2100
Phone; (850) 488-84 66/Sun com 278-8466 FAX; (8.50) 921-0781/Suncom 191-0781
In rernel CI ddress: h rrp://www.SUl e. (I. us/comaii/
fl O~ID" !CO's ':~H" SWItJo4'
Ati:. 01 Cmaf 51.1.. (o.n('.,,,. Fiil"fri nl'(.... A,p.a .01 el'lh::'".al SllIiI" tnnr.~... ti.lr! "rr.,.
~
(
ADDUREV~SED SUBMITTAl
Standard form -January, 1998 MAR 2 2 2000
DEED OF CONSERVATION EASEMENT ."
THIS DEED OF CO NSERV A TION EASEMENT is given this day of
February, 2000, by Steve Torcise, Jr. President, Florida Rock and Sand Co., Inc., having an
address of P.O. Box 3004, Florida City, Florida 33034, ("Grantor") to the South Florida Water
Management District C'Grantee"). As used herein, the term Grantor shall include any and all heirs,
successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter
defined) and the term Grantee shall include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Miami. Dade County,
Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein
CProperty"); and
" WHEREAS, the Grantor desires to perform activities at a site in Miami-Dade County, which
is subject to the regulatory jurisdiction of South Florida Water Management District ("District"); and
WHEREAS, District Permit No. (" Permit ") authorizes certain activities
which affect waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or mitigate
wetlands and/or uplands under the District's jurisdiction; and .."
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable
to granting and securing to the Grantee a perpetual conservation easement as defined in Section
704.06, Florida Statutes (1997), over the Property.
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate
the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other
good and valuable consideration, the adequacy and receipt of which is hereby acknowledged,
Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor
of the Grantee upon the Property which shall run with the land and be binding upon the Grantor,
and shall remain in full force and effect forever.
EXHIBIT10A
1 of 5 "WI
,;
J ,
Standard form. January, 1998
The scope, nature, and character of this conservation easement shall be as follows:
'-' 1. It is the purpose of this conservation easement to retain land or water areas in their
natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such
areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in
the conservation easement which are to be enhanced or created pursuant to the Permit shall be
retained and maintained in the enhanced or created conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this easement:
a. To enter upon the Property at reasonable times with any necessary equipment
or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere
with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent with this
conservation easement and to enforce the restoration of such areas or features of the Property that
may be damaged by any inconsistent activity or use.
~
2. Except for restoration, creation, enhancement, maintenance and monitoring
activities, or surface water management improvements, which are permitted or required by the
Permit, the following activities are prohibited in or on the Property:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
'- b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except for the
removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to remain
in its natural condition;
EXHIBIT 108
'-' 2 of 5
~
Standard form -January, 1998
--
f. Activities detrimental to drainage, flood control, water conservation, erosion
control, soil conservation, or fish and wildlife habitat preservation including, but not limited to,
ditching, diking and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or water
areas;
h. Acts or uses which are detrimental to the preservation of any features or aspects
of the Property having historical or archaeological significance.
3. Grantor reserves all rights as owner of the Property I including the right to engage in
uses of the Property that are not prohibited herein and which are not inconsistent with any District
rule, criteria, permit and the intent and purposes of this Conservation Easement.
" 4. No right of access by the general public to any portion of the Property is conveyed by
this conservation easement.
5. Grantee shall not be responsible for any costs or liabilities related to the operation,
upkeep or maintenance of the Property.
6. Grantor shall pay any and all real property taxes and assessments levied by competent
authority on the Property. ..,
7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and
restrictions of this conservation easement shall be borne by and recoverable against the nonprevaiIing
party in such proceedings.
8. Enforcement of the terms, provisions and restrictions of this conservation easement
shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise
its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to
be a waiver of Grantee's rights hereunder.
9. Grantee will hold this conservation easement exclusively for conservation purposes.
Grantee will not assign its rights and obligations under this conservation easement except to another
organiz:ltion qualified to hold such interests under the applicable state laws.
10. If any provision of this conservation easement or the application thereof to any person
or circumstances is found to be invalid, the remainder of the provisions of this conservation easement
shall not be affected thereby, as long as the purpose of the conservation easement is preserved.
EXHIBIT lOG
3 of 5 ..
~
. (
Standard fonn - 1 anuary. 1998
II. Grantor shall insert the tenns and restrictions of this conservation easement in any
'-' subsequent deed or other legal instrument by which Grantor divests itself of any interest in the
Property. Further, it is Wlderstood by the parties that this conservation easement is granted as mitigation
for wetland impacts to the area described in Exhibit "B" as authorized by Permit No. . Upon
valid sale or transfer of Grantor's ownership interest of the area described in Exhibit liB t, and transfer of
Permit(s) No. to a successor or assign, this Conservation Easement, and the responsibilities
and liabilities associated with it, shall be transferred to the new title holder. Once this occurs, Grantor will
be released from any responsibility for any violation of the terms of this Conservation Easement which
occurs subsequent to said sale of transfer.
12. All notices, consents, approvals or other communications hereunder shall be in writing
and shall be deemed properly given if sent by United States certified mail, return receipt requested,
addressed to the appropriate party or successor-in- interest.
13. This conservation easement may be amended, altered, released or revoked only by
written agreement between the parties hereto or their heirs-, assigns or successors-in-interest, which
. shall be filed in the public records in Miami-Dade County.
14. This Conservation Easement shall become effective upon the date it is recorded in the
public records of Miami-Dade County, Florida, which shall not occur prior to the formal acceptance by the
Miami-Dade County Board of County Commissioners.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
..... restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and
shall continue as a servitude running in perpetuity with the Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in
fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms
of this conservation easement and all mortgages have been joined or subordinated~ that Grantor has
good right and lawful authority to convey this conservation easement; and that it hereby fully warrants
and defends the title to the conservation easement hereby conveyed against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, has hereunto set
its authorized hand this day of 2000.
Signed, sealed and delivered
in our presence as witnesses: A Florida corporation
By:
Print Name: Print Name:
Title:
Print Name:
'-" EXHISIT,OD 4of5
#
.,-
,
Standard form - January, 1998
..-
ST A TE OF FLORIDA
)ss:
COUNTY OF
On this day of., 2000 before me, the undersigned notary public,
personally appeared , personally known to me to be the person who subscribed
to the foregoing instrument and did not take an oath, as the (position)
, of (corporation) , a Florida corporation, and
acknowledged that he executed the same on behalf of said corporation and that he was duly
authorized to do so.
'"
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
Print Name: ..""
My Commission Expires:
South Florida Water Management District
Legal Form Approved: SFWMD - January, 1998
EXHIBITIO G
5 of 5
""'"
~
. l
Lots 6 and 7, Block 3 of Section 27, Township 57 South, Range 39 East, Miami-
....,. Dade County, Florida.
W'
Exhibit If A", Page 1 of2
.., EXHIBIT,OY
SFWMD Conservation Easement ,...
tl
N
200 0 200 Feet
I I
.
Mitigation For:
~ Fill (approx. 54.8 ac.)
Lake (approx. 20.4 ac.) ...,
~w_ XHIBIT IO~
w
..w .,..
EAS ~.Inc.
55 AhMrIa An.
Coral o.bIM, Fl. 33134
Phone (306) 4eS53
Fax (305) #4-2112
EINlI UWolIkonQeaHng.a:m
.."",
SFWMD_mil2.pI
Location Map
(NTS)
~ - ... ~. .. -- ~-
Ma~ us 00 12:39p Ed Swakon (305]444-2112 p.2
. .
~
'-'
Atlantic Civil, Inc.
Legal Description of SFWMD Conservation Easement for SDI Property
Mitigation for the Proposed Lake:
Lots 6 and 7 of Block 3. Section 27, Township 57 South, Range 39 East
Mitigation for the Proposed Fill:
Lots 3, 4. 5 and 8 of Block 3. Section 27. Township 57 South, Range 39 East,
plus those portions of Lots 9, 10 and II, Block 3. Section 27, Township 57 South, Range 39
East, lying north of the Florida Power & Light right-of-way.
~
~
EXHIBIT )0 H
.....
F:\wp980/)\9802\SfWMD1~gal. wpd
( .
..
-6787
March 20, 2000
ADDUREV!SED SUBMITTI
Ms. Anita Rain
South Florida Water Management District MAR 2 2 2000
3301 Gun Club Road
West Palm Beach, FL 33416-4680
RE.. Application No. 99072(}..17
Florida Rock and SandCompany, Inc.
"
Dear Ms. Bain:
Please find attached revised draft Deeds of Conservation Easement, from Atlantic Civil, Inc.
(F/K/A Florida Rock and Sand Company, Inc.) to the South Florida Water Management District
("District"). Upon approval of the Construction and Operation Penn it for the project, which is
the subject of the above application, Atlantic Civil, Inc. will execute these conservation
easements according to the special conditions of the Permit ill substantially the same Jonna! as ~
the ones attached. As President of the corporation which owns these lands, I have the
authorization to execute these documents on beho.lf of the corporation. If you have any
questions or comments regarding the foregoing, please do not hesitate to contact me.
;'ce;~'/
~Az~
Stev Torcise, Jr.
President
STJ/mpf
Enclosure
cc: Ed Swakon - EAS Engineering, Inc.
Stephen A. Walker, Esquire - Lewis, Longman & Walker, P.A.
EXHIBITloJ
...,
\\ClVlW/V. TUIfl1C1WORlllWcs.sllN.RECENTLY POSTEJJ..Tn SFWUIM Buln 110"1 ",J of 0",,,,, E......., 3.20.'XL,),...
#
. .
EAS ENGINEERING,. INC.
55 ALMERIA AVENUE · CORAL GABLES 33134 · (305) 445-5553 . FAX (305) 444.2112
~
March 17, 2000 FEDERAL EXPRESS
Ms. Anita Bain
South Florida Water Management District ., . ..)VC;:';i
',... -' -, "- ~
3301 Gun Club Road
West Palm Beach, Florida 33406
tylAR ? 0 2000
Re: Atlantic Civil, Inc. SDI Property
Applications # 990402-13 and 990720-17
.
Dear Ms. Bain:
Please accept this letter as our response to your Requests for Additionallnfonnation (RAI), dated March
9 and March 10,2000, regarding the above referenced applications. Please note that the applicant's name
has changed. The applicant is now Atlantic Civil, Inc. A set of revised pennit sketches is enclosed with
the new applicant's name and address on each sheet.
'-' Since both RAI's are identical, this response addresses both at the same time. Our responses are
presented in the order in which the items appear on the enclosed copy of your RAt
0) As stated previously, stockpiling of excavated material is proposed. Stockpiling is inevitable in
a lake excavation such as this one. The stockpile will be constantly moving and changing shape
as material is added and removed and as excavation proceeds, but it will always be within the
footprint of tht' proposed lake. which will contain a perimeter retention berm.
2. We acknowledge the presence of native wetland vegetation in the areas to be enhanced by exotic
removal. We appreciate your acceptance of our premise that this bodes well for the proposed
enhancement, since it demonstrates that there is adequate existing hydrology and ablD1dant seed
source for re-establishment of wetland vegetation.
The 18 acres of land that were previously proposed as mitigation for the 12.3 acres of
jurisdictional wetland impacts were selected because they would have provided sufficiellt uplift
to compensate for the impact:. BS described in the WRAP as~:,~<:"ment. We do not understand the
District's reluctance to accept WRAP assessments, since the model was developed by District
staff. Other agenc ies, notably the Army Corps of Engineers and Miami-Dade County DERM rely
on WRAP assessments to determine mitigation requirements. We believe it is a valid means of
assessing wetland function. In fact, we believe the WRAP scores overestimated the functional
value of the man-made ditches that constitute the District's wetlands in the area to be
impacted. These ditches are vertical cuts, with no shallow, littoral edges that might offer habitat
for alligators to bask, for example, or for wading birds to forage.
...
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