Staff Report
Transcription
Staff Report
OF T PLA ti C1 G AGENDA REPORT u FLORID DATE September TO City FROM David R SUBJECT Environmental Protection Commission of Hillsborough 14 2009 Commission erCity Manager Sollenber Impact Approval and Mitigation Agreement County Wetland for Eastside Canal CIP 3 RECOMMENDATION That the Adopt a City Commission resolution Agreement for accepting Eastside the HCEPC Canal and Wetland authorizing Impact Approval the City Manager and to Mitigation execute the Mitigation Agreement EXECUTIVE SUMMARY The City is implementing drainage improvements on Eastside Canal It was determined at investigation and geotechnical site exploration that some wetland will occur impacts during drainage improvements Hillsborough County Environmental Protection Commission HCEPC determined that mitigation for the wetland impacts will the time of field be required for the canal portion lies northeast of North Vermont Avenue The City Approval for the wetland impacts based on upcoming Mitigation Mitigation Agreement will be recorded upon acceptance by the City obtained the HCEPC Agreement Commission The BACKGROUND The City experiences between Reynolds chronic 302 approximately 6 ING OF MEE assessment the portion comprises Hillsborough County and the including area 8 miles of eastern roughly 9 City The City retained Professional Engineering Consultants portion of Plant PEC to perform an Canal The the Eastside Canal The Eastside Canal watershed acres or eastern Inc flooding along and Baker Streets assessment was September of the completed ld 009 in water quality and October 2001 quantity resulting issues of Eastside in a AGENDA ITEM t report titled 3 f Engineering Report and Drainage Calculations for Eastside Canal Stormwater Management Master Plan for Plant City Florida The Stormwater Master Plan recommends implementation of five Capital Improvement Projects CIPs to provide the benefits of water quality improvement and to alleviate flooding conditions The City obtained a grant from the FDEP and is in process to implement the proposed CIP 3 to install the gabion baskets proposed to stabilize and reinforce the channel sideslopes The canal improvements require some minor wetland within construction limits impacts Based on HCEPC directions the City processed the wetland characterization of the area requiring mitigation prepared and submitted to HCEPC the Mitigation Plan with supporting documents HCEPC accepted the proposed Mitigation Plan and issued the letter dated April 8 2009 with Wetland Impact Approval based on the Mitigation Agreement FUNDING AVAILABLE Funds for recording fee for 121 20 available in are 6340 538 180901 Project 320 Account 348 347 Respectfully Submitted DAVID R SOLLENBERGER City Manager vim G Prepared by Tatyana Funding available F Austin Senior Staff Engineer ofPublic Works Uy ti y Martin J Reviewed by D V1 G E Public Works Director gP Na illi Reviewed by Kenneth W Buchman City Attorney RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PLANT APPROVING AN AGREEMENT WITH THE CITY FLORIDA ENVIRONMENTAL PROTECTION COMMISSION OF HILLSBOROUGH COUNTY RELATING TO THE WETLAND IMPACT APPROVAL AND MITIGATION AGREEMENT FOR EASTSIDE CANAL AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PLANT CITY FLORIDA Section 1 The form of agreement between the Protection Commission of Mitigation Agreement City Hillsborough County relating for Eastside Canal a copy of Plant City and the Environmental to the Wetland being attached is Impact Approval and hereby approved and authorized Section 2 on behalf of the The City Manager is hereby authorized and directed to execute said agreement City Adopted by the City Commission on September 14 2009 Rick A Lott Commissioner Mayor ATTEST Kerri J Miller City Clerk Approved as to form and correctness Kenneth W Buchman City Attorney ENVIRONMENTAL PROTECTION COMMISSION OF HILLSBOROUGH COUNTY WETLAND IMPACT APPROVAL AND MITIGATION AGREEMENT Prepared by T Andrew Zodrow Return to Environmental Protection Commission Esq 3629 Queen Palm Dr Tampa Florida For recording purposes only 33619 Attn Wetlands Management Division This by the pursuant to into City the Director is made and entered Executive Director of the Environmental Protection Commission of Hillsborough County EPC 11 and Chapter 84 446 Laws of Florida as amended and the EPC Wetland Rule Chapter 1 Executive Municipal Corporation Applicant owner of the property described in or Conservation Easement include legal description and location of mitigation area s and of Plant attachment A date signed by dated agreement City a Florida sketch s authorization to develop or And in consideration of the Executive Director the described location of area s to be developed or following township range property impact the wetland s located on impacted include folio section attached incorporated herein by this reference See attachment A as No 3 Applicant agrees to described in Citv of Plant Citv East Side Canal Capital Improvement Project the following a to b conditions project mitigation on property identified first above according to the identified as Citv of Plant Citv East Side Canal Sheet 1 plan Plan approved 25plan name including the final revision date of the mitigation plans received by the 3 dated 2009 EPC and kept on file with the EPC perform or specifications to the perform achieve the c notify to to give of the e construct the wetland of the required and any corrections or specifications agreed upon in the Plan monitoring success in completion d name the writing dates for as actual notice of this mitigation of the Wetlands Management Division of the exact disturbances and for the construction of mitigation areas start and and any Conservation Easement to any purchaser Director approved area modifications to the mitigation in order to Mitigation Agreement or area of the Conservation Easement and complete the terms of this Mitigation Agreement in the event of sale of provide for the satisfactory completion of the terms of the Plan mitigation area and assumed by another to this pursuant Mitigation Agreement unless the agreement is assigned to the Executive Director written to and to acceptable specifically agreed by agreement parry to specifically the 06 Form Date I l retain the or right to to otherwise s interest in the mitigation area at Applicant s own expense by i provide public notice of the EPC 5 acres or Easement over any mitigation area s totaling 0 executing and recording a Conservation and to the EPC for the of ii mitigation recording purpose greater and all upland areas preserved indicate which this Mitigation Agreement and by iii appropriate notation on the plat or plan please f to methods of notice will be used by crossing to Section 07 11 Rules of the 1 pursuant g public EPC out those not owner applicable prior to commencing the Letter of Credit or equivalent financial agrees to proposed impact of this project an Irrevocable Standby security for the implementation term of the Plan in the amount this agreement and the Plan set forth in the to restore the i of provide A N to ensure compliance with the Applicant agrees to the conditions Agreement hereby expressly incorporates and dated s letter EPC April 8 2009 conceptually approving the proposed impacts In addition this h and impacted wetland conformance with the approved in the event the construction plans Applicant fails on to construct the site in substantial file with the EPC for the reasonable use of the Applicant s proposed impact to the wetland is necessary in consideration of the agreement to complete the mitigation according to the specifications of the Plan and as agreed above the Executive Director has determined that the proposed Plan would provide to Section 07 11 Rules of the EPC and 1 adequate protection of the environmental benefits pursuant the as the to wetland proposed conditioned upon the Applicant impact hereby gives authorization to that this agreement proposal and specifications of In recognition property and that the if to the agreed that THIS AUTHORIZATION WILL EXPIRE ON October 8 2011 however any impact the wetland mitigation wetland identified above has occurred prior to that time pursuant to this authorization Failure to comply with the terms of this referenced in the Plan shall be implemented in its entirety its specifications shall be a violation of Chapter 84 446 agreement or to implement the Plan according to the contract This well action on as by Agreement shall Laws of Florida and is enforceable accordingly as final Director constitute the Executive and shall agency action take effect upon the date of execution by It is by the EPC The terms and conditions set forth in competent jurisdiction as a final order of the agency The this Agreement Order may be enforced in a court of Applicant shall allow all authorized representatives of the EPC access on the property at reasonable determining compliance with this Agreement and the rules of the EPC times for purposes of Applicant of the need to comply with any applicable federal does not abrogate the rights state and local laws regulations and ordinances The entry of this Agreement It is that the Applicant publish at to this recommended of aggrieved persons who are not parties Agreement circulation in Hillsborough action in of notice of this a daily its own expense the following newspaper agency notice to Florida to constructive potentially parties so as aggrieved provide County Entry into this Agreement does not relieve the ENVIRONMENTAL PROTECTION COMMISSION OF HILLSBOROUGH COUNTY NOTICE OF MITIGATION AGREEMENT The Environmental notice of agency Protection action of Commission of Hillsborough County gives entering amended located at Form Date 06 l1 into a Mitigation Agreement with 84 Laws of Florida as pursuant Chapter 446 The Mitigation Agreement addresses approval for wetland impacts describe location of the development or property to The during normal through Friday except legal holidays at the Environmental Protection Commission 3629 Queen Palm Dr 446 Laws of Florida Tampa Florida 33619 Pursuant to Section 9 Chapter 84 Rules the whose interests protected by and Rule 1 of 30 2 EPC any person Laws are affected of Chapter 84 446 Florida adversely by this action or are otherwise aggrieved by this action has the right to appeal this agreement in accordance with Part IV of Rule 1 2 Rules of the EPC Written notice of appeal must be received by the Chairperson of the EPC at 601 East Kennedy Blvd Tampa Florida 33602 within 20 days of the date of this publication hours Applicant available for public inspection 00 a 8 m to 5 00 p m Monday No modifications of the terms of this both the is Mitigation Agreement business and the EPC shall be effective until reduced to Agreement The parties to the have Agreement terms and agree to be bound thereto The provisions of this Agreement shall the parties and their successors and assigns The Applicant waives its right to appeal of the terms of Agreement Order this Agreement Order except to the writing and executed by foregoing understand its apply to and be binding upon a hearing judicial review or read the extent of proving compliance with this Signature DATE David R City Sollenberger City Manager of Plant City 302 W Plant Reynolds Street City FL 33563 STATE OF FLORIDA COUNTY OF HILLSBOROUGH Before me this day Sollenberger City Manager He is personally for the City known to me or who of Plant of 2009 appeared City a Florida Municipal Corporation on produced NOTARY PUBLIC Signature Print DATED Commission Expires RICHARD D GARRITY Ph DExecutive Environmental Protection Commission of Hillsborough County 3629 Queen Palm Dr Tampa Form Date l U06 City as identification My David R behalf of the Florida 33619 Director Note this page does not need to be recorded in the public records NOTICE OF RIGHTS Pursuant to Section 9 of the amended Laws of Florida EPC Environmental Protection Hillsborough County 1 3 0 Rules of the Environmental Act and Rule 2 Act Chapter 84 446 Protection Commission as of 446 Laws of Florida and who is Hillsborough County EPC any person whose interests are protected by Chapter 84 action has the to this action Written Notice of Appeal for affected or otherwise this right appeal adversely aggrieved by a Section 9 Administrative Hearing by the Chairperson of the EPC at 601 East Kennedy Blvd 30 Rules of 2 1 receipt of this notice and pursuant to Section c must be received Tampa Florida 33602 within twenty 20 days of the EPC must include the following information 1 The name address and telephone number of the Appellant the name address and telephone number of the Appellant s representative if any which shall be the address for service purposes during the course of the proceeding and an explanation of how the Appellant will be aggrieved or how his or her interests will be adversely affected by this Mitigation Agreement agency decision 2 A statement of when and how the Appellant received notice of the agency decision 3 A statement of all disputed issues of material fact If there are none the Notice of Appeal must so indicate 4 The specific facts the Appellant contends warrant reversal or modification of the agency decision 5 A statement of the specific laws or rules the modification of the agency decision and 6 A statement of the relief sought by the Appellant Appellant contends require Appellant stating precisely reversal or the action wishes the Commission to take with respect to the agency decision s Legal A copy of the Notice of Appeal for a Section 9 Administrative Hearing must also be sent to the EPC of Hillsborough County 3629 Queen Palm Dr Tampa Florida Environmental Protection Commission Department 2600 33619 facsimile 813 627 2602 phone 813 627 request additional time The Request to file a Notice of for Extension of Time must be sent to and within twenty 20 days of receipt Pursuant to Section 1 31 Rules of the EPC you may 2 Request for Extension of Time to file a Notice of Appeal received by the EPC Legal Department at the address above Appeal by filing a of this notice 2 Mitigation Agreement Order is final unless the party timely files pursuant to Chapter 1 a Notice of Appeal or files a Request for Extension of Time to file a Notice of 31Rules of the EPC failure to request an administrative 2 1 Appeal for a formal hearing Pursuant to Section e s right a Notice of within 20 after hearing by filing Appeal days receipt of this Order shall constitute a waiver of one to have an appeal heard and this unappealed Order shall automatically become a final and enforceable Order of the This Part IV Rules of the EPC Commission Copies of EPC rules referenced in this Mitigation Agreement found on the Internet site for the agency at http orgor may epchc www Legal Department at 3629 Queen Palm Dr Tampa Florida 33619 Form Date 06 11 may be examined at any EPC office be be obtained by written request to the EPC NT A ATTACHN Attachment A Location of Eastside Canal CIP 3 Mitigation Area I 39 o It L H n City Eastside Canal CIP 3 Proposed Wetland 19 ac Impacts of 0 i o M within the Sam Cooper Pond rt ing ther ur I r 39 I I Marie Std I I a G 8 I 1 1 Elli ar 1 Blvd t f E i Plant City Eastside CaI CIP 3 Location of Mitigation Area I 1 1 I 600 92 gy i St Location of I Ian e Plant v I E Si I t m i y ti laue V bus J l v t Rall I i i i U ytls 200 400 and P 1988 2006Microsoft Corporation and orits suppliers All rights reserved http streets com microsoft www Portions 1990 2006InstallShield Software Corporation All rights reserved Certain mapping and direction data 2005 NAVTEO All rights reserved The Data for areas of Canada includes infom aGon taken with permission from Canadian authorities including Her s Printer for Ontario NAVTEQ and NAVTEO ON Majesty the Queen in Right of Canada Queen BOARD aretrademarks of NAVTEO 2005 Tele Atlas North America Inc All rights reserved Tele Atlas and Tele Atlas North America aretrademarks of Tele Atlas Inc Copyright 60 org HCPAFL SEARCH PROPERTY RECORDS CITY OF PLANT CITY 20 FOLIO Page 1 of 3 4 ROB NER TUR CFA r r org hcpafl www TAMPA FL arq wtwJrepol ABOUT HCPAFL IMPORTANT INFORMATION LINKS PROPERTY RECORD SEARCH EMPLOYMENT OPPORTUNITIES HIDE TH13 SIDE PROPERTY RECDRD CITY OF PLANT CITY Li Mailing Pi i Address 0000 206403 I SALES HISTORY PCH PLANT CITY PROPERTY USE 3900 MUNICIPAL v NEARBY SALES I VALUE SUMMARY I Tax District 33564 Plat Book 3 RETURN TO SEARCH LIST Prior Folio i TANGIBLE 28 P 00001 000005 SBT 22 28 Prior PIN PO BOX C PLANT CITY FL 9003 PIN Folio LAND LINES 1 Page 00 0 0010 1 Neighborhood 21006 Subdivision SBT i VALUE SUMMARY City Area EXTRA FEATURES M SUBDIVISION LEGAL LINES Plant ALLEN I TRIM INFO GIS MAP MAP ITI era TAX RECORDS BUILDING VALUE J EXTRA FEATURE VIEW PRINTER 345 VALUE FRIENDLY PAGE ll notice You LAND VALUE J3 S 0 MARKET SEARCH GIS DISCLAIMER 393 some BE LINKS You LAND VALUE AGRICULTURE SALES SEARCH KET S MAR JUST 5334 ADVANCED ASSESSED E VALU 353 345 ESTIMATOR EXEMPT AMOUNT 3 53 945 I their descriptions or to more link to information Try it out by hovering over JUST VALUE MARKET A10j PROPERTY TAX hover these items to view gather i can over definitions VALUE PROPERTY SEARCH BLUE TEXT THAT APPEAR TO to the left TAXABLE VALUE SJ MAP IT The sale of this property may result in higher information go to our property taxes For more Save Our Homes per Tax Pro section and our Estimator BACK TO THE TOP SALES HISTORY OFF RECORD DATE TYPE QUALIFIED OR UNQUALIFIED VACANT OR BOOK PAGE MONTH YEAR T IN X2766 6 1 05 2CJ3 ND alfied q U Jacant 7618 0630 2 1994 D i Unquai5ad aca 4333 1382 Js 934 D v alfled unq t yaca SALES PRICE IMPROVED 0 S J i4 rJ v A BACK TO THE TOP j EXTRA FEATURES c 20 2228285BT000OOSOOOO l OP strap pl re2html pert org hcpafl www http 1 2009 18 org SEARCH HCPAFL j PROPERTY RECORDS C T Y OF PLANT CITY 20 FOLIO Page 2 of 3 CODE 12 3 0320 BR PED 0 2C0 2 3 JC6 C PVfv1T 0 Z00 0 OObO C PVM t 0 200 0 IC RA TA TL1C Tl1D 5 33 JO 3 063 32 3J3 70 0 300 00 909 320 33 421 1 LAND LINES 1 AV E ZONE u IAN PIP Acreage Class 00 R 43 JO I RA Tf1 TYC Tl1D 7 LEGAL LINES v a a ES N ALLEN I M SUBDI ISION Z LOTS 3 LOT Z AND a 4 6 i2 OF LOT FT N OF TO BLOCK 2 AND 3 AND LOTS AND THAT PART OF BLOCK 140 3 TO 5 BLOCK 5 AND LOTS I 1 14 AND BLOCK SE COR OF BLOCK t AND EXT N TO RR AND l TO ANAL AND JENKINS SUBDIVISION PLAT BK 23 PAGE i J LOTS AND 5 4ND LOTS 3 TO AND LOTS 3 iVITH DAILY SUBDIVISION PLAT TOGETHER 3 LOTS N BK 2 AND LOTS BLOCK BLOCK FT 9 TO r0 2 5 UV OF CAPJAL AND LOT BEG 5 4 AND LOTS TOGETHER i hiIT1 3 432 tg TO 3 13 PAGE 23 BLOCK 3 AND LOTS TO AND LOTS LOT BE 3 OF S I4 OF S l COR OF NE BK FT 70 1 t AND 203 AND 3 1 EXTEND N 3FT FTANDE BACK TO THE TOP TRIM INFORMATION 2008 sr u I BASE G TAXIN AUTHORITY L ADDITION y IPTiO 3 r E a a e R OPOSE R P DROLLBACK PROPERTY PROP E RTY PROPERTY 3 a I G2f181 YEAR aNT GR 33 37 i TAXES 53 3J 37 30 7D TAXES TAXE 30 3J v i O75 JC I 30 2 St3 JOIS SC 0 3 3J 3 30 JO 3J 3 3 30 0 i0 30 33 30 0 30 30 3J 3J 30 30 37 3J 30 00 3 30 00 3J 3J 30 30 00 30 3 oo o o 00 oo o oal i I t Pls ty C ll R i wer Bann art Aathor ry Board n i prm2n F al Lends 30 00 s T r 3 3J 00 30 DO 30 i0 00 70 30 00 JO i R YE P a3 L3 3233 134 3273 j1j ic33 s2S3 34 i 3Od 32 3 3233 34 30 3 J c www hcpafl http c 20 2228285BTOOOOOSOOOO l OP strap pl re2html perl org 1 2009 18 org SEARCH HCPAFL PROPERTY RECORDS CITY OF PLANT CITY 20 FOLIO Page 3 of 3 WTRIM PRINTER FRIEN VIE PAGE1 DLY BACK TO THE TOP 2228285BT000OOSOOOO l OP strap pl re2html perl org hcpafl www http c 20 1 2009 18 COMM1SS10N Roger Kevin Becftt er 3629 Rose V FerEita Ken Al Ph Hagautr Tampa FL 33619 2600 627 813 Fax Numbers Higginbotham Jim Norman Mark P Stewart Center Queen Palm Dr Sharpe Kevin White 813 Admin 2620 627 Waste Legal 2602 627 Wetlands 627 2630 2640 627 Water 2670 627 ERM 2650 627 Air 2660 627 Lab 5157 272 Executive Director Richard D Garrity Ph D Apri18 2009 Stephen Kuhn Project Manager BCI Engineers Scientists 2000 Edgewater Drive Suite 215 Lakeland FL 33803 EPC MITIGATION REVIEW OF THE CITY OF PLANT CITY EASTSIDE CANAL INSTALLATION OF GABION IMPACT SUBJECT WETLAND BASKETS RECEIVED AUGUST 12 2008 ADDITIONAL INFORMATION RECEIVED 9 0 8 29 01 12 08 2 1 09 3 09 9 1 12 2 ASTR N 27 AND 09 2 09 26FOLIO 3 22E 28S 28 Dear Mr Kuhn The staff of the Environmental Protection Commission of Hillsborough County EPC has in Hillsborough County completed This subject application impact wetlands project is Capital Improvement Plan Project Number 3 which is part of a 5 part project proposal a review of the to within the Eastside Canal Stormwater The impacts gabion consist of 0 19 acres of baskets within a portion of Management Master Plan permanent wetland impacts dated October 26 2001 for the purpose of installing the Eastside canal located between and Vermont Street Pennsylvania Avenue The applicant has demonstrated sufficient justification that the proposed impacts to the Eastside are necessary to alleviate flooding issues for the surrounding azeas and compensation for the wetland impacts will be provided Therefore this letter shall serve as documentation that Canal the Executive Director of the EPC has conceptually authorized wetland conditions and comments enumerated below 1 Only those wetland impacts identified Wetland Acrea in the table below are authorized for Descri tion a Wetland A Segment Wet and l 1 to the impact Miti ation T e Qualifies for EPC Noticed Excavated 9 0 2 impacts subject Exemption 11 11 1 i b Ditches No Miti ation Re uired A 019 Total Wetland ImQacts j arested 0 0 8 P c Wetland Creation 19 excludes exempt impacts 10 www org epchc org epcinfo@epchc Mail E AN AFFIILb1ATNE ACTION EQCAL OPPORTLiNITY EMPLOYER A Printed on recycles paper Mr Stephen Kuhn Apri18 2009 Page 2 2 Mitigation offered to compensate for Fit C A proposed impacts to the wetland will consist of 0 08 acres of offsite wetland creation within the Samuel Cooper Park located upstream of the impact area Utilizing the Uniform Mitigation Assessment Method outlined in Chapter 62 345 was determined that the functional units while the impacts will result in the Loss of 0 02 proposed mitigation will result in the 02 functional gain of 0 units 3 The wetland mitigation areas must be monitored in accordance with the plan received March 26 2009 and the items listed below This information must also be included on the detailed mitigation sheets and on the final construction set to EPC staff on provided A The following standazds shall be required for the mitigation plantings STANDARDS FOR WETLAND TREES Seedlin Hei t Cali er Crown min Roots allon allon 7 72 40 60 84 8 3 4 4 4 12 24 90 days to be fully are 3 36 4 60 container min 18 4 1 min Time in allon 1 18 90 days rooted in days 90 days not but NOT root bound STANDARDS FOR WETLAND SHRUBS Seedlin Hei t 1 s 6 12 allon allon 3 24 15 36 18 Time in container Roots are 45 da s 60 da s 60 da min to be fully rooted in but NOT bound root pot s STANDARDS FOR WETLAND HERBS 2 inch I Roots of 4 inch Full rooted Full rooted Time in container Roots B and 1 allon Full rooted 45 da s 45 da s min 45da aze to be fully rooted in NOT but bound root pot A Mitigation area of Completion Report s to include planting details of the mitigation shall be submitted to EPC staff within 30 construction days of planting ofthe if the mitigation involves wetland creation be submitted which includes representative elevations of the bottom and slopes of the creation azea A contour line within 0 1of the elevation Seasonal shall be upper design typically High Water depicted on the an built survey as completing mitigation area must built Using the polygon formed by the upper elevation contour the as of the mitigation area acreage s shall be calculated and reported on Elbe survey Upon EPC staff inspection and approval of the mitigation area s the survey monitoring program shall be initiated C annual Semi monitoring along with associated monitoring reports and mum of three n required for a m years for herbaceous maintenance is systems and five years for a forested system Monitoring reports shrub must be Mr Stephen Kuhn Apri18 Page 2009 3 submitted to EPC minimum 1 2 staff within 30 ing reports monito days following each monitoring event At a should address Date planted and number of planted materials used Soil stabilization measures used 3 Percent survival of planted 4 Number of plants 5 25 of trees 20 species replanted if necessary and when planted tagged to monitor tree growth rate and DBH forested systems 6 Water Quality a Visual observations b Lab data if necessary i e salinity conductivity pH etc 7 Desirable 8 Plant diversification and natural recruitment upland species wetland cover with a Iistir g of species present 9 10 Depth of water at monitoring event Permanently marked photo stations 11 Wildlife usage 12 Overall 13 ecological evaluation and Problems encountered and corrective actions implemented or needed D The removal and control of nuisance or exotic species is required Nuisance species coverage must not exceed five percent 5 Caesar weed Llrena lobata Brazilian pepper Schinus terebinthifolius air potato Dioscorea bulbifera ear pod tree Enterlobiurn contortisiliquum cattails Typha spp primrose willow Ludwigia perccviann dogfennel Eupatorium spp Sesbania spp and water hyacinths Eichhornia spp are examples of nuisance species but do not represent a comprehensive list E Eighty percent 85 survival must be guaranteed for each planted tree five and shrub species Fifty percent 50 cover with desirable native wetland must be achieved at the end of year 1 seventy percent 70 at species year 2 and eighty five percent 85 prior to release Annual replanting is required if these criteria are not met F The G The mitigation work H Monitoring plant source must be indicated i e certified nursery grown bare root from on transplanted site If collected plants are to be used donor sites must be identified and approved by EPC staff must be completed along with the submittal of the Mitigation Completion Report within 180 days ofthe initial wetland impact and maintenance have been met at which time criteria cannot to achieve must continue a Certificate of until all EPC success criteria Completon is issued If success be m etreconstruction of the mitigation site may be necessary functioning wetlands Mr Stephen Kuhn Apri18 Page 4 4 2009 Operation of all construction equipment and the approved project outside of the project 5 upland construction areas only materials outside of The wetland areas boundaries shall remain undisturbed Staff of the EPC must receive Agreement signed by storage of area shall be confined to the an executed Wetland owner developer Impact Approval and Mitigation As this document will be recorded in the Public Records of Hillsborough County EPC staff must receive recording fees to cover recording fee must be received in the form of a check or order and made money payable to the Hillsborough County Clerk of the Circuit Court Personal checks will not be accepted The fee for recording the document is 10 00 for the cost of this transaction The the first 50 for each additional page If the party responsible for page and 8 of the mitigation area or their agent has an account with the ensuring the success Hillsborough sOffice the account number County Clerk may be provided to EPC staff for the purposes of the recording The Wetland Impact Approval and Mitigation Agreement form is available for downloading at epchc org 6 Prior the to the amount of any wetlands on site EPC staff of the certified cost estimate for the impact financial surety must receive a mitigation must name EPC as the financial surety in area plus 10 This s beneficiary and may be in the form of a letter of The financial performance agreement surety amount must be entered into item g of the Wetland Impact Approval and Mitigation Agreement If the developer elects to use an escrow agreement the language in the agreement must owner be reviewed by EPC legal counsel prior to acceptance credit 7 bond or escrow Pursuant to 11 Wetlands Rules of the EPC a recorded designation in the Chapter 1 Official Records of Hillsborough County as a permanent conservation easement as defined in section 70 06 Florida Statutes must be placed over mitigation areas cumulatively exceeding upland proposed for preservation as mitigation If a conservation easement easement is required pursuant to Chapter 1 11 Rules of the EPC the easement attached legal description and appropriate recording fees must be submitted with the Mitigation Completion Report The conservation 5 acre in size and all 0 8 easement form is available for Under circumstance may wetland impacts Impact Approval and no downloading at epchc org executed Wetland financial surety and only after such time interest in the areas occur until EPC staff has received the Mitigation Agreement recording fees and the as the applicant has taken sufficient title subject property General Comments Conditions This approval is valid for period of two and one half years from the date of this letter expiration 2011 If the site plans are altered or the time period for the aIlotted encroachment expires this impact approval will become invalid This date must be entered on page two of the Wetland Impact Approval and Mitigation Agreement a date October 8 This approval applies only to the development proposal as submitted and in no way does approval to any other aspect of the EPC review process In addition this approval does not imply exemption from obtaining all proper permits from other governmental agencies it provide EPC Mr Stephen Kuhn Apri18 2009 Page 5 Any activity interfering with the integrity of wetland ssuch as clearing excavating draining or filling without written authorization from the Executive Director of the EPC or his authorized agent pursuant to Section 07 11 Rules of the Commission would be a 1 violation of Section 17 of the Environmental Protection Act of Hillsborough 446 Chapter 84 and of 11 Chapter 1 Thank you for your cooperation If you Tapley at 813 627 2600 Rules of the EPC require additional information please extension 1359 Sincerely Richard D D Ex Garrity Ph Environmental Protection Co of cc Hillsborough a Co Kim Tapley EPC com taustin@plantcity ogv com 3bcieng skuhn kmt cjc wr Director ssion County contact Mrs Kim