24-8265_Exhibit_K-3_-_SAJ-2024-03917_Permit.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT

701 SAN MARCO BOULEVARD

JACKSONVILLE, FLORIDA 32207

March 14, 2025

Regulatory Division Fort Meyers Section

SAJ-2024-03917(SP-CDH)

Jay Ahmad Collier County Transportation Management Services 2885 Horseshoe Drive S Naples, Florida 34104 Via Email: jay.ahmad@colliercountyfl.gov

Dear Mr. Ahmad:

The U.S. Army Corps of Engineers (Corps) is pleased to enclose the Department of the Army permit, which should be available at the construction site. Work may begin immediately but the Corps must be notified of:

a. The date of commencement of the work,

b. The dates of work suspensions and resumptions of work, if suspended over a week, and

c. The date of final completion.

This information should be emailed to the Enforcement Section of the Regulatory Division of the Jacksonville District at saj-rd-enforcement@usace.army.mil. The Enforcement Section is also responsible for inspections to determine whether Permittees have strictly adhered to permit conditions.

Should any other agency require and/or approve changes to the work authorized or obligated by this permit, it is the responsibility of the Permittee to submit a modification request to the Fort Myers Permits Section. The Corps will evaluate the request and determine whether it is appropriate to modify the terms and conditions of the permit.

The Permittee must obtain written approval of the requested modifications from the Corps prior to initiation of those changes.

-2-

IT IS NOT LAWFUL TO DEVIATE FROM THE APPROVED PLANS ENCLOSED.

Sincerely, for Shawn H. Zinszer Chief, Regulatory Division

Enclosures cc:

Catie Neal, Kisinger Campo & Associates, CNeal@kcaeng.com FWS, South Florida Ecological Services Office EPA, Atlanta

CESAJ-RD-PE

DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST

DA PERMIT NUMBER: SAJ-2024-03917

When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire.

To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019 or submit via electronic mail to:

SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB).

(TRANSFEREE-SIGNATURE) (SUBDIVISION)

(DATE) (LOT) (BLOCK)

___________________________________ (STREET ADDRESS)

(NAME-PRINTED)

(MAILING ADDRESS)

(CITY, STATE, ZIP CODE)

ENG FORM 1721, Nov 86 (33 CFR 325 (Appendix A))

DEPARTMENT OF THE ARMY PERMIT

Permittee: Jay Ahmad

Transportation Management Services Naples, Florida 34104

Permit No: SAJ-2024-03917

Issuing Office: U.S. Army Engineer District, Jacksonville

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description: The proposed roadway improvements for the 16th Street NE PD&E study consisted of adding a new bridge over the Golden Gate Main Canal and providing additional lane width and shoulders by widening to the west of the existing roadway. The widening provided 11-foot travel lanes with 6-foot shoulders (4-foot paved plus 2-foot unpaved) along the entire length of the project. A 6-foot sidewalk was also proposed to the west of the roadway.

The work described above is to be completed in accordance with the attachments affixed at the end of this permit instrument.

Project Location: The project is located in the Big Cypress Basin watershed and includes a crossing of Golden Gate Main Canal; The project/review area encompasses approximately a 3.3-mile section of 16th Street NE from the intersection with Golden Gate Boulevard extending north to the intersection of Randall Boulevard, in Naples, Collier County, Florida.

Approximate Central Coordinates: Latitude: 26.246389 North Longitude: -81.574444 West

Permit Conditions

ENG FORM 1721, Nov 86 (33 CFR 325 (Appendix A))

1. The time limit for completing the work authorized ends on March 15, 2030. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. A conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions.

6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

Special Conditions:

Special Condition 1:

Reporting Address: The Permittee shall submit all reports, notifications, documentation, and correspondence required by the general and special conditions of this permit to either (not both) of the following addresses:

a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil (not to exceed

15 MB).

ENG FORM 1721, Nov 86 (33 CFR 325 (Appendix A))

b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.

The Permittee shall reference this permit number, SAJ-2024-02130 (SP EMP), on all submittals.

Special Condition 2:

Commencement Notification: Within 10 days from the date of initiating the work

Special Condition 3:

Posting of Permit: The Permittee shall have available and maintain for review a copy of this permit and approved plans at the construction site.

Special Condition 4:

other appropriate official charged with the responsibility of maintaining records of title to or interest in real property within the county of the authorized activity. No later than 90 days from the effective date of this permit, the Permittee shall provide a copy of the recorded Notice of Permit to the Corps clearly showing a stamp from the appropriate official indicating the book and page at which the Notice of Permit is recorded in the official records and the date of recording.

Special Condition 5:

Self-Certification: Within 60 days of completion of the work authorized by this permit, the https://www.publications.usace.army.mil/Portals/76/Eng_Form_6285_2024%20Dec%20 FINAL.pdf) and submit it to the Corps.

Special Condition 6:

Eastern Indigo Snake Protection Measures and Inspection: Permittee shall comply with e or inactive, shall be evacuated prior to site manipulation in the vicinity of the burrow. If excavating potentially occupied burrows, active or inactive, individuals must first obtain state authorization via a Florida Fish and Wildlife Conservation Commission (FWC)

ENG FORM 1721, Nov 86 (33 CFR 325 (Appendix A))

Authorized Gopher Tortoise Agent permit. The excavation method selected shall minimize the potential for injury of an indigo snake. The Permittee shall follow the excavation guidance provided in the most current FWC Gopher Tortoise Permitting Guidelines found at http://myfwc.com/gophertortoise. If an indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Holes, cavities, and snake refugia other than gopher tortoise burrows shall be inspected each morning before planned site manipulation of a particular area, and if occupied by an indigo snake, no work shall commence until the snake has vacated the vicinity of the proposed work.

Special Condition 7:

Proposed Species/Critical Habitat: The action falls within the range for the tricolored bat (Perimyotis subflavus) which is proposed to be federally listed under the Endangered Species Act. If the species becomes federally listed and the authorized work has not been completed, the Permittee is required to stop work and ask the Corps to re-evaluate the effects of the permitted action on the tricolored bat, and if needed, complete Section 7 consultation with the U.S. Fish and Wildlife Service to address potential impacts to the tricolored bat.

Special Condition 8:

Cultural Resources/Historic Properties:

a. No structure or work shall adversely affect, impact, or disturb properties listed in the National Register of Historic Places (NRHP), or those eligible for inclusion in the NRHP.

b. If, during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with native cultures or early colonial settlement), the Permittee shall immediately stop all work and ground-disturbing activities within a 100-meter diameter of the discovery and notify the Corps at the addresses listed in the Reporting Address Special Condition within the same business day (8 hours). The Corps shall coordinate with the Florida State Historic Preservation Officer (SHPO) to assess the significance of the discovery and devise appropriate actions.

c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition and, if deemed necessary by the SHPO or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall

ENG FORM 1721, Nov 86 (33 CFR 325 (Appendix A)) not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps.

d. In the unlikely event that unmarked human remains are identified on non-federal lands; they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archaeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO. Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the SHPO and from the Corps.

Special Condition 9:

Erosion Control: Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material outside the work area into waters of the United States. The erosion control measures shall remain in place and be maintained until all authorized work is completed and the work areas are stabilized.

Special Condition 10:

Fill Material: The Permittee shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance in toxic amounts, in accordance with Section 307 of the Clean Water Act.

Special Condition 11:

Mitigation Bank Credit Purchase: The permittee, prior to commencement of work, has purchased mitigation bank credits. Per email attachments received on March 7, 2025, Collier County Board of County Commissioners had secured 1.2 Wetland Mitigation Credits, and 41.76 Panther Habitat Units from Southwest Florida Wetlands JV dba Panther Island Mitigation Bank (PO# 4500230983), and 176.02 Panther Habitat Units from the Pepper Ranch Preserve Conservation Bank. Both credit releases were specific

Special Condition 12:

Formal consultation with the US Fish and Wildlife Service regarding potential impacts to Panther (E), and informal consultation (MANLAA) for Eastern indigo snake (T), wood

ENG FORM 1721, Nov 86 (33 CFR 325 (Appendix A)) stork (T), Florida bonneted bat (E), Red-cockaded woodpecker (E), and Everglade snail kite. All conservation measures committed to, by the applicant, in reaching favorable affect determinations for permitting, are incorporated as Special Conditions of this permit verification.

Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)

(X ) Section 404 of the Clean Water Act (33 U.S.C. 1344)

( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413)

( ) Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 408)

2. Limits of this authorization.

a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal projects.

3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

ENG FORM 1721, Nov 86 (33 CFR 325 (Appendix A))

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above).

c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.

for

ENG FORM 1721, Nov 86 (33 CFR 325 (Appendix A))

Attachments to Department of the Army Permit Number SAJ-2024-03917

1. PERMIT DRAWINGS: 29 pages, undated Collier County Transportation Management Services Department, Contract Plans. Financial Project ID 451283-1-58-

01. From Golden Gate Boulevard to Randall Boulevard.

2. WATER QUALITY CERTIFICATION: Specific Conditions of the water quality permit/certification in accordance with General Condition number 5 on page 2 of this DA permit. 21 pages.

3. SPECIAL CONDITIONS: Provided in permit (12).

South Florida Water Management District Individual Environmental Resource Permit No. 11-108960-P

Date Issued: December 1, 2023

Permittee: Collier County Board Of County Commissioners 2885 Horseshoe Drive South Naples, FL 34104

Project: 16th Street NE Bridge from Golden Gate Blvd to Randall Blvd

Application No. 230510-38578

Location: Collier County, See Exhibit 1

Your application for an Individual Environmental Resource Permit is approved. This action is taken based on Chapter 373, Part IV, of Florida Statutes (F.S.) and the rules in Chapter 62-330, Florida Administrative Code (F.A.C.). Unless otherwise stated, this permit constitutes certification of compliance with state water quality standards under section 401 of the Clean Water Act, 33 U.S.C. 1341, and a finding of consistency with the Florida Coastal Management Program. Please read this entire agency action thoroughly and understand its contents.

This permit is subject to:

Not receiving a filed request for a Chapter 120, F.S., administrative hearing.

The attached General Conditions for Environmental Resource Permits.

The attached Special Conditions.

All referenced Exhibits.

All documents are available online through the District's ePermitting site at www.sfwmd.gov/ePermitting.

If you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action.

Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights", we will assume that you concur with the District's action.

The District does not publish notices of action. If you wish to limit the time within which a person may request an administrative hearing regarding this action, you are encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Legal requirements and instructions for publishing a notice of agency action, as well as a noticing format that can be used, are available upon request. If you publish a notice of agency action, please send a copy of the affidavit of publication provided by the newspaper to the District's West Palm Beach office for retention in this file.

If you have any questions regarding your permit or need any other information, please call us at 1-800-432-2045 or email epermits@sfwmd.gov.

Melissa M. Lawrence, P.E.

Bureau Chief, Environmental Resource Bureau

South Florida Water Management District Individual Environmental Resource Permit No. 11-108960-P

Date Issued: December 1, 2023 Expiration Date: December 1, 2028

Project Name: 16th Street NE Bridge from Golden Gate Blvd to Randall Blvd

Permittee: Collier County Board Of County Commissioners 2885 Horseshoe Drive South Naples, FL 34104

Operating Entity: Collier County Board Of County Commissioners 2885 Horseshoe Drive South Naples, FL 34104

Location:

Permit Acres:

43.50 acres

Project Land Use:

Transportation

Special Drainage District:

N/A

Water Body Classification:

CLASS III

CLASS III

FDEP Water Body ID:

3278S 3278H

Wetland and Surface Water Impacts:

2.35 acres

Conservation Easement to District:

No

Sovereign Submerged Lands: No

Project Summary This Environmental Resource Permit authorizes the construction and operation of a stormwater management (SWM) system serving 43.5 acres of a transportation development known as 16th Street NE Bridge From Golden Gate Blvd To Randall Blvd.

The project proposes the construction of a two-lane bridge over the Golden Gate Main Canal along 16th Street NE to connect two dead-end streets. The project proposes additional roadway improvements from Golden Gate Boulevard to Randall Boulevard and a six (6) foot sidewalk on the west side of the road. The SWM System includes direct road-side swale conveyance to the Golden Gate Main Canal and the Orange Tree Canal. Refer to Exhibit Nos. 2.0A and 2.0B for SWM Plans.

Issuance of this permit constitutes certification of compliance with state water quality standards in accordance with Rule 62-330.062, F.A.C.

Site Description The property is located along a 3.3-mile section of 16th Street NE from the intersection with Golden Gate Boulevard extending north to the intersection of Randall Boulevard in Naples, Florida. A location map is

Permit No: 11-108960-P, Page 2 of 21 attached as Exhibit No. 1.0.

The site contains a developed roadway with associated activities, surrounded by residential developments and interconnected roadways. For information on wetland and surface water impacts, please see the Wetlands and Other Surface Water section of this permit.

Ownership, Operation and Maintenance Perpetual operation and maintenance of the SWM system will be the responsibility of Collier County Board of County Commissioners. Upon conveyance or division of ownership or control of the property or the system, the permittee must notify the Agency in writing within 30 days, and the new owner must request transfer of the permit.

Permit No: 11-108960-P, Page 3 of 21

Engineering Evaluation:

Land Use Refer to Engineering Evaluation Tables for land use of permit area.

Water Quality The project is located within the North Golden Gate watershed (WBID 3278S) and the FAKA Union (North Segment) watershed (WBID 3278H) identified by the Florida Department of Environmental Protection as impaired for dissolved oxygen; therefore, the design includes a site-specific pollutant loading analysis and an additional 50% water quality treatment volume above the amounts required pursuant to Section 4.2.1, Volume II, as reasonable assurances that the project’s discharge will not cause or contribute to violations of State water quality standards. The project provides 3.80 ac-ft of water quality treatment for the added impervious area.

The project includes implementation of a Turbidity and Erosion Control Plan as additional assurances that the project’s discharge will not cause or contribute to violations of State water quality standards, refer to Exhibit No. 2.0B, Pages 163-177.

Water Quantity The SWM System provides storage and attenuation in a series of road-side swales and linear ponds. Refer to Exhibit No. 2.2 for a description of the SWM System.

Discharge Refer to Exhibit No. 2.3 for information about discharge rates, control structures and ditch blocks.

Road Design Refer to Exhibit Nos. 2.0A and 2.0B for roadway and bridge elevations.

Flood Plain/Compensating Storage According to FEMA FIRM numbers 12021C0240H and 12021C0430H, the project is located within a designated 100-year zone AH with base flood elevations between 13.0 and 15.0 NAVD. Refer to Exhibit No.

2.4 for floodplain compensation calculations.

Off-site Flow and Conveyance There are existing off-site drainage patterns from both northern and southern adjacent properties along the length of the project, these off-site flows will be maintained by the project via road-side swales and cross-drains, refer to Exhibit No. 2.1 for pre vs. post drainage basin information and Exhibit No. 2.2 for cross-drain information.

Certification, Operation, and Maintenance Pursuant to Chapter 62-330.310, F.A.C., Individual Permits will not be converted from the construction phase to the operation phase until construction completion certification of the project is submitted to and accepted by the District. This includes compliance with all permit conditions, except for any long-term maintenance and monitoring requirements. It is suggested that the permittee retain the services of an appropriate professional registered in the State of Florida for periodic observation of construction of the project.

For projects permitted with an operating entity that is different from the permittee, it should be noted that until the construction completion certification is accepted by the District and the permit is transferred to an acceptable operating entity pursuant to Sections 12.1-12.3 of the Applicant's Handbook Volume I and Section 62-330.310, F.A.C., the permittee is liable for operation and maintenance in compliance with the terms and conditions of this permit.

In accordance with Section 373.416(2), F.S., unless revoked or abandoned, all SWM systems and works permitted under Part IV of Chapter 373, F.S., must be operated and maintained in perpetuity.

Permit No: 11-108960-P, Page 4 of 21

The efficiency of SWM systems, dams, impoundments, and most other project components will decrease over time without periodic maintenance. The operation and maintenance entity must perform periodic inspections to identify if there are any deficiencies in structural integrity, degradation due to insufficient maintenance, or improper operation of projects that may endanger public health, safety, or welfare, or the water resources. If deficiencies are found, the operation and maintenance entity is responsible for correcting the deficiencies in a timely manner to prevent compromises to flood protection and water quality. See Section 12.4 of the Applicant's Handbook Volume I for Minimum Operation and Maintenance Standards.

Notable project components requiring routine inspection and maintenance include but are not limited to:

• Side slopes for stormwater lakes and ponds – maintain side slopes no steeper than 4:1 (horizontal:vertical) to a depth of 2.0 feet below the control elevation and nurtured or planted from 2.0 feet below to 1.0 feet above the control elevation pursuant to Section 5.4.2, ERP AH Vol. II.

• Conveyance pipes, conveyance structures and discharge structures – all pipes and structures must be inspected for structural integrity and be maintained clear of trash, sediment, and vegetative debris.

• Exfiltration trenches – all pipes and structures must be inspected for structural integrity and be maintained clear of trash, sediment, and vegetative debris.

• Swales – maintain the permitted cross-section and vegetative cover. Underground storage facilities – all facilities must be inspected for structural integrity and be maintained clear of trash, sediment, and vegetative debris.

• Pumps – float switches should be inspected, and any obstructions removed to ensure proper operation;

intake and discharge pipes should be maintained clear of trash, sediment and vegetative debris; motors should be maintained to ensure proper operation.

Permit No: 11-108960-P, Page 5 of 21

Engineering Evaluation Tables:

Basin Land Use Type Post-Development Area (ac)

% of Total Basin

Project

Pavement 18.35 42.18

Pervious 15.34 35.26

Open water/Retention area

9.81 22.55

Wetlands 0.00 0.00

Total: 43.5 100%

Permit No: 11-108960-P, Page 6 of 21

Environmental Evaluation:

Wetland and Other Surface Waters The project area includes 1.97 acres of wetlands and 0.38 acres of upland cut OSW within the right-of-way.

Some of the wetlands extend beyond the limits of the right-of-way. The wetlands can be generally described as freshwater marsh, wetland scrub, and mixed hardwood wetlands. A FLUCCS map depicting the existing vegetative communites and land uses is attached as Exhibit No. 3.0.

The project will result in 1.97 acres of direct wetland impacts within the right-of-way, 2.29 acres of secondary wetland impacts that extend beyond the right-of-way, and 0.38 acres of OSW impacts within the right-of-way. The secondary impacts are a result of loss of wetland function beyond the right-of-way.

Secondary impacts for habitat functional loss were assessed by delineating a 25-foot wide area from the limits of right-of-way to account for the new roadway adjacent to the remaining wetland areas. These areas will retain some functional value in the post-construction phase of the project. Wetland impacts are depicted on Exhibit No. 3.1. Pursuant to Section 10.2.1 of the Applicant's Handbook Volume I, reduction and elimination of wetland impacts for the project is limited due to the existing roadway alignment. Provisions detailed in the construction plans include turbidity and erosion control measures during construction.

To mitigate for the 1.97 acres of direct impacts, 2.29 acres of secondary wetland impacts, the applicant has resserved a total of 1.20 credits, 0.53 freshwater herbaceous and 0.67 freshwater forested credits, from Panther Island Mitigation Bank Expansion. The amount of mitigation required for the project was determined by using the Uniform Mitigation Assessment Method (UMAM). A letter confirming the reservation of mitigation credits is attached as Exhibit No. 3.2.

The proposed mitigation is located within the same basin as the impacts, therefore pursuant to Section

10.2.8 of Volume I, the project will not result in unacceptable cumulative impacts to the West CollierDrainage Basin.

Fish, Wildlife, and Listed Species Protected species surveys conducted in January and February of 2023 by Kissinger Campo & Associates show that the project area contains potential habitat for listed species. No wetland-dependent endangered/threatened species or species of special concern were observed or documented during field reviews within one (1) mile of the project area. Please refer to the ePermitting file to review the surveys, coordination with the Florida Fish & Wildlife Conservation Commission (FWC) and United States Fish & WIldlife Service (USFWS), and USFWS biological assessments. Please refer to Special Condition Nos. 8 & 9.

The project area is within the USFWS Consultation Area for Audubon's crested caracara, Florida bonneted bat, and Everglades snail kite, and red-cockaded woodpecker. The project area is located within the core foraging area of three (3) wood stork colonies. The project is also within the known range of the Big Cypress fox squirrel. The project corridor does not provide suitable habitat for the Audubon's crested caracara, Florida bonneted bat, and red-cockaded woodpecker. However, the project corridor provides potential habitat for the Big Cypress fox squirrel, Everglades snail kite, and wood stork. The Applicant will purchase mitigation credits to offset the potential effects to wood stork. Additionally, the Applicant will conduct a pre-construction Big Cypress fox squirrel survey no more than 60 days prior to construction and initiate technical assistance with the FWC and USFWS to secure all necessary permits. The Big Cypress Fox Squirrel Permitting Guidelines (FWC 2020) will be followed if Big Cypress fox squirrels or their nests are found during pre-construction surveys. Please refer to Special Condition No. 10.

The applicant will follow best manangement plans for the Florida Bonneted Bat, including coordination with the USFWS. The following Florida bonneted bat BMPs will be implemented during and prior to construction:

If potential roost trees or structures need to be removed, check cavities for bats within 30 days prior to the removal of trees, snags, or structures. When possible, remove structure outside of breeding season (e.g., January 1 – April 15). If evidence of use by any bat species is observed, discontinue removal

Permit No: 11-108960-P, Page 7 of 21 efforts in that area and coordinate with the Service on how to proceed.

Conserve open freshwater and wetland habitats to promote foraging opportunities and avoid impacting water quality. Created/restored habitats should be designed to replace the function of native habitats.

Avoid or limit widespread application of insecticides (e.g., mosquito control, agricultural pest control) in areas where Florida bonneted bats are known or expected to forage or roost.

Incorporate engineering designs that discourage bats from using buildings or structures. If Florida bonneted bats take residence within a structure, contact the Service and Florida Fish and Wildlife Conservation Commission before attempting removal or conducting maintenance activities on the structure.

The project corridor lies within the USFWS Florida panther Consultation Area and secondary zone the Florida Panther Secondary Zone. Based on the USFWS panther tool worksheet attached as Exhibit No.

3.3, a total of 20 Panther Habitat Units (PHUs) are required to mitigate impacts from the project’s construction. Florida panther habitat impacts will be mitigated by the purchase of PHUs or as determined following coordination with USFWS. The Applicant will provide PHU credits from the Florida Panther Conservation Bank. Coordination with the Florida Panther Conservation Bank was initiated during the Project Development & Environment (PD&E) Study for this project and credits have already been reserved for this project.

The Eastern Indigo snake has the potential to occur throughout the project area. The standard protection measures for the Eastern Indigo Snake is attached as Exhibit No. 3.4. Please also refer to Special Condition No. 11.

The mitigation at Panther Island Mitigation Bank provides valuable habitat and greater long term functional value for wetland-dependent species, such as wading birds, that potentially utilize the habitats within the project area. This permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements if, in the future, endangered/threatened species or species of special concern are discovered on the site.

Public Interest Test The permittee has demonstrated that the proposed project is not contrary to the public interest in accordance with Section 10.2.3, ERP AH Vol. I. No adverse effects to fish and wildlife, navigation, fishing or recreational values, historical and archeological resources, or the relative values of function will occur as a result of the proposed activity.

Permit No: 11-108960-P, Page 8 of 21

Environmental Evaluation Tables:

Summary

Wetlands and Other Surface Waters:

2.35 acres

Direct Impacts: 2.35 acres Secondary impacts: 2.29 acres Net UMAM Functional Loss/ Gain:

0 units

Total Onsite Mitigation Area: 0 acres Total Offsite Mitigation Area: 0 acres

Total Mitigation Bank Credits Provided

Mitigation Bank Type Total Credits

Panther Island Expansion

FF 0.3

Panther Island Expansion

FH 0.46

Panther Island Expansion

FF 0.07

Panther Island Expansion

FH 0.07

Panther Island Expansion

FF 0.3

Total: 1.2

16th Street NE Bridge from Golden Gate Blvd to Randall Blvd

Activities in Wetlands or Other Surface Waters, Not Including Mitigation at a Bank

ID Acres Action Community Description

Current Score With Project Score

UMAM Loss

All OSW 0.38 Direct Impact Ditches and Canals 0 0 0.000 Total: 0.38 0.000

Activities in Wetlands or Other Surface Waters, With Mitigation at a Bank

ID Acres Community Description

Bank Name Method Current Score

With Score

Ratio or Add'l factor

Minimum Credits Needed

WL1 0.01

Mixed Wetland Hardwoods

Panther Island Expansion

UMAM 0.57 0 1 0.01

WL1-Sec 0.07 Mixed Wetland Hardwoods

Panther Island Expansion

UMAM 0.57 0.5 1 0

WL2 0.05

Mixed Wetland Hardwoods

Panther Island Expansion

UMAM 0.57 0 1 0.03

WL2-Sec 0.13 Mixed Wetland Hardwoods

Panther Island Expansion

UMAM 0.57 0.5 1 0.01

WL5 0.34

Mixed Wetland Hardwoods

Panther Island Expansion

UMAM 0.53 0 1 0.18

Permit No: 11-108960-P, Page 9 of 21

WL5-Sec 1.04 Mixed Wetland Hardwoods

Panther Island Expansion

UMAM 0.53 0.46 1 0.07

WL6 0.09 Wetlands Panther Island Expansion

UMAM 0.53 0 1 0.05

WL6-Sec 0.1 Wetlands Panther Island Expansion

UMAM 0.53 0.46 1 0.01

WL7 0.7 Wetlands Panther Island Expansion

UMAM 0.53 0 1 0.37

WL7-Sec 0.38 Wetlands Panther Island Expansion

UMAM 0.53 0.46 1 0.03

WL8 0.14

Mixed Wetland Hardwoods

Panther Island Expansion

UMAM 0.43 0 1 0.06

WL8-Sec 0.1 Mixed Wetland Hardwoods

Panther Island Expansion

UMAM 0.43 0.36 1 0.01

WL8B 0.04 Wetlands Panther Island Expansion

UMAM 0.37 0 1 0.01

WL8B-Sec 0.03 Wetlands Panther Island Expansion

UMAM 0.37 0.3 1 0

WL9 0.11 Wetlands Panther Island Expansion

UMAM 0.43 0 1 0.05

WL9-Sec 0.08 Wetlands Panther Island Expansion

UMAM 0.43 0.36 1 0.01

WL10 0.19

Mixed Wetland Hardwoods

Panther Island Expansion

UMAM 0.5 0 1 0.1

WL10-Sec 0.14 Mixed Wetland Hardwoods

Panther Island Expansion

UMAM 0.5 0.43 1 0.01

WL11 0.14

Mixed Wetland Hardwoods

Panther Island Expansion

UMAM 0.57 0 1 0.08

WL11-Sec 0.12 Mixed Wetland Hardwoods

Panther Island Expansion

UMAM 0.57 0.5 1 0.01

WL12 0.16

Mixed Wetland Hardwoods

Panther Island Expansion

UMAM 0.57 0 1 0.09

WL12-Sec 0.1 Mixed Wetland Hardwoods

Panther Island Expansion

UMAM 0.57 0.5 1 0.01

Total: 4.26

Permit No: 11-108960-P, Page 10 of 21

Related Concerns:

Water Use Permit Status The permittee has indicated that irrigation and dewatering are not required for construction of this project.

Please refer to Special Condition Nos. 12 and 13.

This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation.

Historical/ Archaeological Resources The District has received correspondence from the Florida Department of State, Division of Historical Resources (DHR) dated May 22, 2023, indicating that no significant archaeological or historical resources are recorded in the project area and therefore the project is unlikely to have an effect upon any such properties. The DHR requested that a condition be added to the permit regarding unexpected discoveries during ground-disturbing activities on the property. Please refer to General Condition No. 14. This permit does not release the permittee from compliance with any other agencies' requirements in the event that historical and/or archaeological resources are found on the site.

Right of Way (ROW) Permit SFWMD Standard Permit No. 16774-R was issued on September 14, 2022, authorizing works within the Golden Gate Main Canal right-of-way at 16th Street NE, that is operated by the SFWMD Big Cypress Basin.

The proposed work must be completed by September 30, 2025. A copy of the permit is included in the ePermitting file.

Permit No: 11-108960-P, Page 11 of 21

General Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C.

1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.

2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff.

The permittee shall require the contractor to review the complete permit prior to beginning construction.

3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation, June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit.

4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,” (October 1, 2013), (http:// www.flrules.org/Gateway/reference.asp?No=Ref-02505), incorporated by reference herein, indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C., and shall be submitted electronically or by mail to the Agency.

However, for activities involving more than one acre of construction that also require a NPDES stormwater construction general permit, submittal of the Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, DEP Form 62-621.300(4)(b), shall also serve as notice of commencement of construction under this chapter and, in such a case, submittal of Form 62-330.350(1) is not required.

5. Unless the permit is transferred under rule 62-330.340, F.A.C., or transferred to an operating entity under rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms, and conditions of the permit for the life of the project or activity.

6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable:

a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex- "Construction Completion and Inspection Certification for Activities Associated With a Private Single- Family Dwelling Unit"[Form 62-330.310(3)]; or

b. For all other activities- "As-Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)].

c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form.

7. If the final operation and maintenance entity is a third party:

a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as-built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4 of Volume I) as filed with the Florida Department of State, Division of Corporations, and a copy of any easement, plat, or deed

Permit No: 11-108960-P, Page 12 of 21 restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located.

b. Within 30 days of submittal of the as-built certification, the permittee shall submit “Request for Transfer of Environmental Resource Permit to the Perpetual Operation and Maintenance Entity” [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form.

8. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes.

9. This permit does not:

a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.;

b. Convey to the permittee or create in the permittee any interest in real property;

c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or

d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee.

10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed.

11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit.

12. The permittee shall notify the Agency in writing:

a. Immediately if any previously submitted information is discovered to be inaccurate; and

b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase.

13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit.

14. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section (DHR), at (850)245-6333, as well as the appropriate permitting agency office. Project activities shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and the proper authorities notified in accordance with section 872.05, F.S. For project activities subject to prior consultation with the DHR and as an alternative to the above requirements, the permittee may follow procedures for unanticipated discoveries as set forth within a cultural resources assessment survey determined complete and

Permit No: 11-108960-P, Page 13 of 21 sufficient by DHR and included as a specific permit condition herein.

15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise.

16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards.

17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts.

18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property.

Permit No: 11-108960-P, Page 14 of 21

Special Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C.

1. The construction authorization for this permit shall expire on the date shown on page 2.

2. Operation…