24-8265_Exhibit_K-4_-_SFWMD_230510-38578_Permit.pdf

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 http://www.sfwmd.gov/ePermitting mailto:epermits@sfwmd.gov

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

Naples, FL 34104

Operating Entity: Collier County Board Of County Commissioners

Naples, FL 34104

Location:

Collier County

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 and maintenance of the SWM system shall be the responsibility of Collier County Board of

County Commissioners. The permittee shall notify the Agency in writing within 30 days of any conveyance or division of ownership or control of the property of the system, and the new owner must request transfer of the permit in accordance with Rule 62-330.340, F.A.C.

3. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of 2.0 feet below the control elevation. Side slopes shall be nurtured or planted from 2.0 feet below to 1.0 feet above control elevation to insure vegetative growth.

4. A stable, permanent and accessible elevation reference shall be established on or within 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.

5. Prior to any future construction, the permittee shall apply for and receive an Individual ERP. As part of the permit application, the applicant for that phase shall provide documentation verifying that the proposed construction is consistent with the design of the master stormwater management system, including the land use and site grading assumptions.

6. Prior to initiating construction activities associated with this ERP, the permittee is required to hold a pre-construction meeting with field representatives, consultants, contractors, District Environmental Resource Bureau (ERB) staff, and any other local government entities as necessary. The purpose of the pre-construction meeting is to discuss construction methods, sequencing, best management practices, identify work areas, staking and roping of preserves where applicable, and to facilitate coordination and assistance amongst relevant parties. To schedule a pre-construction meeting, please contact ERB staff from the Fort Myers Service Center at (239) 338-2929 or via e-mail at: precon@sfwmd.gov. When sending a request for a pre-construction meeting, please include the application number, permit number, and contact name and phone number.

7. Prior to the commencement of construction, and in accordance with the work schedule herein, the permittee shall submit documentation from Panther Island Mitigation Bank Expansion that 1.20 UMAM credits (0.53 herbaceous and 0.67 forested) for this project have been paid for in full and deducted from the official agency ledger for Panther Island Mitigation Bank Expansion. Please also refer to Exhibit No.

3.2.

8. This permit does not authorize the permittee to cause any adverse impact to or “take” of state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the take of fish and wildlife is the responsibility of the owner or permitee associated with this project. Please refer to Chapter 68A-27, F.A.C. for definitions of “take” and a list of fish and wildlife species. If listed species are observed onsite, FWC staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected and a “take” permit cannot be issued. Requests for further information or review can be sent to: FWCConservationPlanningServices@MyFWC.com.

9. Endangered species, threatened species and/or species of special concern have been observed onsite and/or the project contains suitable habitat for these species. It shall be the permittee's responsibility to

Permit No: 11-108960-P, Page 15 of 21 coordinate with the Florida Fish and Wildlife Conservation Commission and/or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and/or necessary permits to avoid impacts to listed species.

10. Prior to initiating construction activities, the site shall be surveyed for the presence of active Big Cypress fox squirrel nests. A 125 foot radius undisturbed buffer must be maintained around all active nests. After establishing the buffer, contact District Compliance Staff for an inspection. Following nesting activities, the nesting tree may be removed following coordination with the Florida Fish and Wildlife Conservation Commission and obtaining all required permits. Any modifications to this program shall require prior written approval from District staff.

11. The permittee shall adhere to the provisions in Exhibit No. 3.4, Standard Protection Measures for the

Eastern Indigo Snake.

12. 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., an exemption under Rule 40E-2.051 F.A.C., permit by rule under Rule 40E-2.061, F.A.C., or Noticed General/Individual Permit under Rule 40E-2.071, F.A.C. shall be provided.

13. A Water Use Permit must be obtained prior to irrigation withdrawals, unless the work is exempt pursuant to Chapter 40E-2.051 F.A.C.

14. 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 SWM 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 SWM system, if necessary, to eliminate the cause of the adverse impacts.

15. Facilities other than those stated herein shall not be constructed without an approved modification of this permit.

Permit No: 11-108960-P, Page 16 of 21

Project Work Schedule for Permit No. 11-108960-P

The following activities are requirements of this Permit and shall be completed in accordance with the Project Work Schedule below. Please refer to General Conditions, Special Conditions and/or Specific Conditions for more information. Any deviation from these time frames will require prior approval from the District’s Environmental Resources Bureau and may require a modification to this permit. Such requests must be made in writing and shall include: (1) reason for the change, (2) proposed start/finish and/or completion dates, and (3) progress report on the status of the project.

Condition No. Date Added Description (Application Number) Due Date Date

Satisfied

GC 4 12/01/2023

Construction Commencement Notice

Prior to Construction

GC 6 12/01/2023 Submit Certification 30 Days After Construction Completion

GC 7 12/01/2023

Submit Operation Transfer Request

Within 30 days of Certification

SC 6 12/01/2023 Pre-Construction Meeting Prior to Construction

SC 7 12/01/2023

Submit Mitigation Bank Ledger Documentation

12/31/2024

SC 10 12/01/2023 Big Cypress Fox Squirrel Survey Prior to Construction

GC = General Condition

SC = Special Condition

Permit No: 11-108960-P, Page 17 of 21

Distribution List

Brian Rose, Kisinger Campo and Associates

Catie Neal, Kisinger Campo and Associates

Audubon of Florida

Div of Recreation and Park - District 4

US Army Corps of Engineers - Permit Section

Permit No: 11-108960-P, Page 18 of 21

Exhibits

The following exhibits to this permit are incorporated by reference. The exhibits can be viewed by clicking on the links below or by visiting the District's ePermitting website at http://my.sfwmd.gov/ePermitting and searching under this application number 230510-38578.

Exhibit No. 1.0 Location Map

Exhibit No. 2.0A SWM Plan (Part 1)

Exhibit No. 2.0B SWM Plans (Part 2)

Exhibit No. 2.1 Pre vs. Post Drainage

Exhibit No. 2.2 SWM System Description

Exhibit No. 2.3 Discharge

Exhibit No. 2.4 Floodplain

Exhibit No. 3.0 FLUCFCS Map

Exhibit No. 3.1 Wetland & OSW Impact Maps

Exhibit No. 3.2 Letter of Reservation for Mitigation Credits

Exhibit No. 3.3 Panther Compensation Calculations

Exhibit No. 3.4 Standard Protection Measures for the Indigo Snake

Permit No: 11-108960-P, Page 19 of 21 http://my.sfwmd.gov/ePermitting https://api.sfwmd.gov/v1/service/cms/documents/0900eeea9520aaa0/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95ba9fa9/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95ba9faa/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95ba9fa8/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95ba9fa5/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95ba9fa7/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95ba9fa6/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95b9b09e/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95b9b09f/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95b9b0a0/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95b9b30b/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95b9b30c/content

NOTICE OF RIGHTS

As required by Chapter 120, Florida Statutes, the following provides notice of the opportunities which may be available for administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, or judicial review pursuant to Section 120.68, Florida Statutes, when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Some of the legal proceedings detailed below may not be applicable or appropriate for your situation. You may wish to consult an attorney regarding your legal rights.

RIGHT TO REQUEST ADMINISTRATIVE HEARING

A person whose substantial interests are or may be affected by the South Florida Water Management District’s (District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Florida Statutes. Persons seeking a hearing on a District decision which affects or may affect their substantial interests shall file a petition for hearing in accordance with the filing instructions set forth herein within 21 days of receipt of written notice of the decision unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Florida Statutes; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Florida Statutes. "Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, posting, or publication that the District has taken or intends to take final agency action. Any person who receives written notice of a District decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision.

If the District takes final agency action that materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional point of entry pursuant to Rule 28-106.111, Florida Administrative Code.

Any person to whom an emergency order is directed pursuant to Section 373.119(2), Florida Statutes, shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible.

A person may file a request for an extension of time for filing a petition. The District may grant the request for good cause. Requests for extension of time must be filed with the District prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and whether the District and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

FILING INSTRUCTIONS

A petition for administrative hearing must be filed with the Office of the District Clerk. Filings with the Office of the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at the District’s headquarters in West Palm Beach, Florida. The District’s normal business hours are 8:00 a.m. – 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day.

Additional filing instructions are as follows:

Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm Beach, Florida 33406.

Rev. 1/16/20 1 Permit No: 11-108960-P, Page 20 of 21

Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the District's security desk does not constitute filing. It will be necessary to request that the District's security officer contact the Office of the District Clerk. An employee of the District's Clerk's office will receive and process the petition.

Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document.

INITIATION OF ADMINISTRATIVE HEARING

Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Rules 28-106.201 and 28-106.301, Florida Administrative Code, initiation of an administrative hearing shall be made by written petition to the District in legible form and on 8 1/2 by 11 inch white paper. All petitions shall contain:

Identification of the action being contested, including the permit number, application number, District file number or any other District identification number, if known.

1.

The name, address, any email address, any facsimile number, and telephone number of the petitioner, petitioner’s attorney or qualified representative, if any.

2.

An explanation of how the petitioner’s substantial interests will be affected by the agency determination.3.

A statement of when and how the petitioner received notice of the District’s decision.4.

A statement of all disputed issues of material fact. If there are none, the petition must so indicate.5.

A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the District’s proposed action.

6.

A statement of the specific rules or statutes the petitioner contends require reversal or modification of the District’s proposed action.

7.

If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes.

8.

A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the District to take with respect to the District’s proposed action.

9.

MEDIATION

The procedures for pursuing mediation are set forth in Section 120.573, Florida Statutes, and Rules 28-106.111 and 28-106.401–.405, Florida Administrative Code. The District is not proposing mediation for this agency action under Section 120.573, Florida Statutes, at this time.

RIGHT TO SEEK JUDICIAL REVIEW

Pursuant to Section 120.68, Florida Statutes, and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final District action may seek judicial review of the District's final decision by filing a notice of appeal with the Office of the District Clerk in accordance with the filing instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the appropriate district court of appeals via the Florida Courts E-Filing Portal.

Rev. 1/16/20 2 Permit No: 11-108960-P, Page 21 of 21