to execute the Mitigation Agreement comprises approximately6302 acres or

Transcription

1 t G OF PLA T C1 u AGENDA REPORT FLORD DATE September TO Cty Commsson FROM Davd R Sollenber ercty Manager SUBJECT Envronmental Protecton Commsson of Hllsborough County Wetland mpact Approval and Mtgaton Agreement for Eastsde Canal CP 3 RECOMMENDATON That the Cty Commsson a Adopt resoluton acceptng the HCEPC Wetland mpact Approval and Mtgaton Agreement for Eastsde Canal and authorzng the Cty Manager to execute the Mtgaton Agreement EXECUTVE SUMMARY The Cty s mplementng dranage mprovements on Eastsde Canal t was determned at the tme of feld nvestgaton and geotechncal ste exploraton that some wetland mpacts wll occur durng dranage mprovements Hllsborough County Envronmental Protecton Commsson HCEPC determned that mtgaton for the wetland mpacts wll be requred for the canal porton les northeast of North Vermont Avenue The Cty obtaned the HCEPC Approval for the wetland mpacts based on upcomng Mtgaton Agreement The Mtgaton Agreement wll be recorded upon acceptance by the Cty Commsson BACKGROUND The Cty experences chronc floodng along the Eastsde Canal ncludng the porton between Reynolds and Baker Streets The Eastsde Canal watershed area comprses approxmately6302 acres or roughly 98 mles of eastern Hllsborough County and the eastern porton of Plant Cty The Cty retaned Professonal Engneerng Consultants nc PEC to perform an assessment of the water qualty and quantty ssues of Eastsde Canal The assessment was completed n October 2001 resultng n a report ttled MEE NG OF September ld 009 AGENDA TEMt 3 f

2 Engneerng Report and Dranage Calculatons for Eastsde Canal Stormwater Management Master Plan for Plant Cty Florda The Stormwater Master Plan recommends mplementaton of fve Captal mprovement Projects CPs to provde the benefts of water qualty mprovement and to allevate floodng condtons The Cty obtaned a grant from the FDEP and s n process to mplement the proposed CP 3 to nstall the gabon baskets proposed to stablze and renforce the channel sdeslopes The canal mprovements requre some mnor wetland mpacts wthn constructon lmts Based on HCEPC drectons the Cty processed the wetland characterzaton of the area requrng mtgaton prepared and submtted to HCEPC the Mtgaton Plan wth supportng documents HCEPC accepted the proposed Mtgaton Plan and ssued the letter dated Aprl wth Wetland mpact Approval based on the Mtgaton Agreement FUNDNG AVALABLE Funds for recordng fee for are avalable n Project Account Respectfully Submtted DAVD R SOLLENBERGER Cty Manager Prepared by Gvm Tatyana F Austn Senor Staff Engneer ofpublc Works Fundng avalable Uyt y Martn J Revewed by GD V1 ll Na g PE Publc Works Drector Revewed by Kenneth W Buchman Cty Attorney

3 RESOLUTON NO A RESOLUTON OF THE CTY COMMSSON OF THE CTY OF PLANT CTY FLORDA APPROVNG AN AGREEMENT WTH THE ENVRONMENTAL PROTECTON COMMSSON OF HLLSBOROUGH COUNTY RELATNG TO THE WETLAND MPACT APPROVAL AND MTGATON AGREEMENT FOR EASTSDE CANAL AND AUTHORZNG THE CTY MANAGER TO EXECUTE SAD AGREEMENT ON BEHALF OF THE CTY FLORDA BE T RESOLVED BY THE CTY COMMSSON OF THE CTY OF PLANT CTY Secton 1 The form ofagreement between the Cty of Plant Cty and the Envronmental Protecton Commsson of Hllsborough County relatng to the Wetland mpact Approval and Mtgaton Agreement for Eastsde Canal a copy beng attached s hereby approved and authorzed Secton 2 The Cty Manager s hereby authorzed and drected to execute sad agreement on behalfof the Cty Adopted by the Cty Commsson on September Rck A Lott Mayor Commssoner ATTEST Kerr J Mller Cty Clerk Approved as to form and correctness Kenneth W Buchman Cty Attorney

4 ENVRONMENTAL PROTECTON COMMSSON OF HLLSBOROUGH COUNTY WETLAND MPACT APPROVAL AND MTGATON AGREEMENT Prepared by Return to T Andrew Zodrow Esq Envronmental Protecton Commsson 3629 Queen Palm Dr Tampa Florda Attn Wetlands Management Dvson For recordng purposes only Ths agreement dated date sgned by Executve Drector s made and entered nto by the Executve Drector of the Envronmental Protecton Commsson of Hllsborough County EPC pursuant to Chapter Laws of Florda as amended and the EPC Wetland Rule Chapter 11 and the Cty of Plant Cty a Florda owner Muncpal Corporaton Applcant of the property descrbed n attachment A locaton of mtgaton area s and or Conservaton Easement nclude legal descrpton and sketch And n consderaton of the Executve Drector s authorzaton to develop or mpact the wetland s located on the followng descrbed property locaton of area s to be developed or mpacted nclude folo secton townshp range See attachment Aattached ncorporated heren by ths reference as descrbed n Ctv of Plant Ctv East Sde Canal Captal mprovement Project No 3 Applcant agrees to the followng condtons project name a to perform or construct the wetland mtgaton on property dentfed frst above accordng to the specfcatons of the approved plan Plan dentfed as Ctv of Plant Ctv East Sde Canal Sheet 1 dated plan name ncludng the fnal revson date of the mtgaton plans receved by the EPC and kept on fle wth the EPC b to perform the montorng as requred and any correctons or modfcatons to the mtgaton acheve the success specfcatons agreed upon n the Plan n order to c to notfy n wrtng the Drector of the Wetlands Management Dvson of the exact start and completon dates for approved dsturbances and for the constructon of mtgaton areas d to gve actual notce of ths Mtgaton Agreement and any Conservaton Easement to any purchaser ofthe area mtgaton and or area of the Conservaton Easement e to specfcally retan the rght to complete the terms of ths Mtgaton Agreement n the event of sale of the mtgaton area or to otherwse provde for the satsfactory completon of the terms of the Plan pursuant to ths Mtgaton Agreement unless the agreement s assgned to and assumed by another parry and specfcally agreed to by wrtten agreement acceptable to the Executve Drector Form Date l06

5 f to provde publc notce of the EPC s nterest n the mtgaton area at Applcant s own expense by executng and recordng a Conservaton Easement over any mtgaton area s totalng 05acres or greater and all upland areas preserved for the purpose of mtgaton to the EPC and recordng ths Mtgaton Agreement and by approprate notaton on the plat or plan please ndcate whch methods of publc notce wll be used by crossng out those not applcable and g pursuant to Secton Rules of the EPC owner agrees to provde pror to commencng the proposed mpact of ths project an rrevocable Standby Letter of Credt or equvalent fnancal securty for the mplementaton term of the Plan n the amount of NA to ensure complance wth ths agreement and the Plan h n addton ths Agreement hereby expressly ncorporates and the Applcant agrees to the condtons set forth n the EPC s letter dated Aprl conceptually approvng the proposed mpacts to restore the mpacted wetland n the event the Applcant fals to construct the ste n substantal conformance wth the approved constructon plans on fle wth the EPC n recognton that the proposed mpact to the wetland s necessary for the reasonable use of the Applcant s property and n consderaton of the agreement to complete the mtgaton accordng to the specfcatons of the Plan and as agreed above the Executve Drector has determned that the proposed Plan would provde adequate protecton of the envronmental benefts pursuant to Secton Rules of the EPC and hereby gves authorzaton to the Applcant to mpact the wetland as proposed condtoned upon the specfcatons of that proposal and ths agreement t s agreed that THS AUTHORZATON WLL EXPRE ON October however f any mpact to the wetland dentfed above has occurred pror to that tme pursuant to ths authorzaton the wetland mtgaton referenced n the Plan shall be mplemented n ts entrety Falure to comply wth the terms of ths agreement or to mplement the Plan accordng to ts specfcatons shall be a volaton of Chapter Laws of Florda and s enforceable accordngly as well as by acton on the contract Ths Agreement shall take effect upon the date of executon by the Executve Drector and shall consttute fnal agency acton by the EPC The terms and condtons set forth n ths Agreement Order may be enforced n a court of competent jursdcton as a fnal order ofthe agency The Applcant shall allow all authorzed representatves of the EPC access on the property at reasonable tmes for purposes of determnng complance wth ths Agreement and the rules of the EPC Entry nto ths Agreement does not releve the Applcant of the need to comply wth any applcable federal state and local laws regulatons and ordnances The entry of ths Agreement does not abrogate the rghts of aggreved persons who are not partes to ths Agreement t s recommended that the Applcant publsh at ts own expense the followng notce of ths agency acton n a newspaper of daly crculaton n Hllsborough County Florda so as to provde constructve notce to potentally aggreved partes ENVRONMENTAL PROTECTON COMMSSON OF HLLSBOROUGH COUNTY NOTCE OF MTGATON AGREEMENT The Envronmental Protecton Commsson of Hllsborough County gves notce of agency acton of enterng nto a Mtgaton Agreement wth amended pursuant to Chapter Laws of Florda as The Mtgaton Agreement addresses approval for wetland mpacts located at descrbe locaton of the development or property Form Date l1 06

6 The Mtgaton Agreement s avalable for publc nspecton durng normal busness hours 800am to500 pm Monday through Frday except legal holdays at the Envronmental Protecton Commsson 3629 Queen Palm Dr Tampa Florda Pursuant to Secton 9 Chapter Laws of Florda and Rule1230 Rules of the EPC any person whose nterests protected by Chapter Laws of Florda are adversely affected by ths acton or are otherwse aggreved by ths acton has the rght to appeal ths agreement n accordance wth Part V of Rule 12 Rules of the EPC Wrtten notce of appeal must be receved by the Charperson of the EPC at 601 East Kennedy Blvd Tampa Florda wthn 20 days of the date of ths publcaton No modfcatons of the terms of ths Agreement shall be effectve untl reduced to wrtng and executed by both the Applcant and the EPC The partes to the Agreement have read the foregong understand ts terms and agree to be bound thereto The provsons of ths Agreement shall apply to and be bndng upon the partes and ther successors and assgns The Applcant waves ts rght to a hearng judcal revew or appeal of the terms of ths Agreement Order except to the extent of provng complance wth ths Agreement Order DATE Sgnature Davd R Sollenberger Cty Manager Cty of Plant Cty 302 W Reynolds Street Plant Cty FL STATE OF FLORDA COUNTY OF HLLSBOROUGH Before me ths day of 2009 appeared Davd R Sollenberger Cty Manager for the Cty of Plant Cty a Florda Muncpal Corporaton on behalf of the Cty He s personally known to me or who produced as dentfcaton NOTARY PUBLC Sgnature Prnt My Commsson Expres DATED RCHARD D GARRTY Ph DExecutve Drector Envronmental Protecton Commsson of Hllsborough County 3629 Queen Palm Dr Tampa Florda Form Date l U06

7 Note ths page does not need to be recorded n the publc records NOTCE OF RGHTS Pursuant to Secton 9 of the Hllsborough County Envronmental Protecton Act Chapter as amended Laws of Florda EPC Act and Rule 1230 Rules of the Envronmental Protecton Commsson of Hllsborough County EPC any person whose nterests are protected by Chapter Laws of Florda and who s adversely affected or otherwse aggreved by ths acton has the rght to appeal ths acton Wrtten Notce of Appeal for a Secton 9 Admnstratve Hearng must be receved by the Charperson of the EPC at 601 East Kennedy Blvd Tampa Florda wthn twenty 20 days of recept of ths notce and pursuant to Secton 1230 c Rules of the EPC must nclude the followng nformaton 1 The name address and telephone number of the Appellant the name address and telephone number of the Appellant s representatve f any whch shall be the address for servce purposes durng the course of the proceedng and an explanaton of how the Appellant wll be aggreved or how hs or her nterests wll be adversely affected by ths Mtgaton Agreement agency decson 2 A statement of when and how the Appellant receved notce of the agency decson 3 A statement of all dsputed ssues of materal fact f there are none the Notce of Appeal must so ndcate 4 The specfc facts the Appellant contends warrant reversal or modfcaton of the agency decson 5 A statement of the specfc laws or rules the Appellant contends requre reversal or modfcaton of the agency decson and 6 A statement of the relef sought by the Appellant statng precsely the acton Appellant wshes the Commsson to take wth respect to the agency decson A copy of the Notce of Appeal for a Secton 9 Admnstratve Hearng must also be sent to the EPC s Legal Department Envronmental Protecton Commsson of Hllsborough County 3629 Queen Palm Dr Tampa Florda facsmle phone Pursuant to Secton 1231 Rules of the EPC you may request addtonal tme to fle a Notce of Appeal by flng a Request for Extenson of Tme to fle a Notce of Appeal The Request for Extenson of Tme must be sent to and receved by the EPC Legal Department at the address above wthn twenty 20 days of recept of ths notce Ths Mtgaton Agreement Order s fnal unless the party tmely fles pursuant to Chapter 12 Part V Rules of the EPC a Notce of Appeal or fles a Request for Extenson of Tme to fle a Notce of Appeal for a formal hearng Pursuant to Secton 1231e Rules of the EPC falure to request an admnstratve hearng by flng a Notce of Appeal wthn 20 days after recept of ths Order shall consttute a waver of one s rght to have an appeal heard and ths unappealed Order shall automatcally become a fnal and enforceable Order of the Commsson Copes of EPC rules referenced n ths Mtgaton Agreement may be examned at any EPC offce be found on the nternet ste for the agency athttp www epchc org or may be obtaned by wrtten request to the EPC Legal Department at 3629 Queen Palm Dr Tampa Florda Form Date 11 06

8 ATTACHN NT A

9 Attachment A Locaton of Eastsde Canal CP 3 Mtgaton Area 39 n L H t o m t v Plant Cty Eastsde Canal CP 3 Locaton of Proposed Wetland S E mpacts of019 ac est gy Plant Cty Eastsde Ca CP 3 Locaton an of Mtgaton Area o M wthn the Sam Cooper Pond 1 1 rt ther ng Blvd Std r 1 E ur t G a Mare Ell 1 y ar t Vlaue bus J l Rall t v U ytls Copyrght and P Mcrosoft Corporaton and orts supplers All rghts reserved http www mcrosoft com streets Portons nstallSheld Software Corporaton All rghts reserved Certan mappng and drecton data 2005 NAVTEO All rghts reserved The Data for areas of Canada ncludes nfom agon taken wth permsson from Canadan authortes ncludng Her Majesty the Queen n Rght of Canada Queen s Prnter for Ontaro NAVTEQ and NAVTEO ON BOARD are trademarks of NAVTEO 2005 Tele Atlas North Amerca nc All rghts reserved Tele Atlas and TeleAtlas North Amerca are trademarks oftele Atlas nc

10 r j 4 HCPAFL org SEARCH PROPERTY RECORDS CTY OF PLANT CTY FOLO 20 Page 1 of 3 r ROB TUR NER CFA www hcpafl org wtwjrepol arq TAMPA FL ABOUT HCPAFL MPORTANT NFORMATON PROPERTY RECORD SEARCH LNKS EMPLOYMENT OPPORTUNTES PROPERTY RECDRD L P CTY OF PLANT CTY Malng Address PO BOX C PLANT CTY FL TANGBLE v NEARBY SALES PN Folo Pror PN Pror Folo Tax Dstrct P28 22 SBT PCH PLANT CTY PROPERTY USE 3900 MUNCPAL Plat Book Page Neghborhood Plant Cty Area Subdvson SBT ALLEN M SUBDVSON HDE TH13 SDE RETURN TO SEARCH LST VALUE SUMMARY SALES HSTORY LAND LNES 1 EXTRA FEATURES LEGAL LNES 3 VALUE SUMMARY GS MAP TRM NFO MAP T era BULDNG VALUE J TAX RECORDS VEWPRNTER FRENDLY PAGE SEARCH GS SALES SEARCH ADVANCED PROPERTY SEARCH PROPERTY TAX ESTMATOR EXTRA FEATURE VALUE LAND VALUE MARKET LAND VALUE AGRCULTURE J3 S0 JUST MAR KET S5334 VALUE ASSESSED VALU E A10j EXEMPT AMOUNT DSCLAMER You ll notce some BLUE TEXT THAT APPEAR TO BE LNKS You can hover over these tems to vew ther descrptons defntons or to lnk to gather more nformaton Try t out by hoverng over JUST MARKET VALUE to the left TAXABLE VALUE SJ The sale of ths property may resultn hgher MAP T property taxes For more nformaton go to our Save Our Homes secton and our Pro pertax Estmator BACK TO THE TOP SALES HSTORY OFF RECORD DATE QUALFED VACANT TYPE BOOK PAGE NT OR OR SALES PRCE MONTH YEAR UNQUALFED MPROVED X CJ3 ND Uqalfed Jacant D Unqua5ad aca S J Js 934 vd unq alfled yaca t 4 rj BACK TO THE TOP EXTRA FEATURES http www hcpafl org pert re2html pl strap BT000OOSOOOO l OP 20 c

11 j HCPAFL org SEARCH PROPERTY RECORDS CTY OF PLANT CTY FOLO 20 Page 2 of 3 CODE 0320 BR PED 0 2C JO JC6 3 C PVfv1T 0 Z J OObO C PVM t RA C TATL1C Tl1D 1 LAND LNES 1 AV E PP AN Acreage Class 43 ZONEu R 00 JO RA Tf1 TYC Tl1D 7 LEGAL LNES v aesan ALLEN M SUBD SON Z LOTS TO 5 BLOCK 5 AND LOTS TO BLOCK 2 AND 3 LOT Z AND a 2 OF LOT 3 AND LOTS 14 AND 5 BLOCK 4 6 AND THAT PART OF BLOCK 1 UV OF CAPJAL AND LOT BEG 140 FT NOF SE COR OF BLOCK t AND EXT N TO RR AND 3 l TO ANAL AND JENKNS SUBDVSON PLAT BK 23 PAGE J LOTS AND 5 4ND LOTS 3 TO AND LOTS tg TO 3 3 TOGETHER VTH DALY SUBDVSON PLAT BK 13 PAGE 23 3 LOTS TO 9 BK 2 AND LOTS BLOCK 3 AND LOTS r0 BLOCK 4 AND LOTS TO AND LOTS 70 1 BLOCK 5 TOGETHER ht1 LOT BE 3 FT t AND FT N OF Sl COR OF NE OF S 4 AND EXTEND N 432 FTANDE 3FT BACK TO THE TOP TRM NFORMATON 2008 usr BASE ADDTON YEAR PROPOSE DROLLBACK TAXN G a3 PTO yr3 PROPERTY PROPE RTY PROPERTY AUTHORTY ae GR ant TAXES TAXES TAXE G2f Rea 53 3J 30 3J v JC O75 St D SC JOS oal 30 3J 3 30 JO 3 3J 00 Pls Cty 3J DO ll Rwer Bann artaathor ry J 3J J nboard Fprm2n al 3J 3J Lends 30 3 JO rts oo o 00 oo YER L3 c33 3 a3 P s2s c 3273 j1j 32 3Od 3 J http wwwhcpafl org perl re2html pl strap BTOOOOOSOOOO l OP 20 c

12 HCPAFL org SEARCH PROPERTY RECORDS CTY OF PLANT CTY FOLO 20 Page 3 of 3 VE WTRM PRNTER FREN DLY PAGE1 BACK TO THE TOP http www hcpafl org perl re2html pl strap BT000OOSOOOO lop 20 c

13 COMM1SS10N Kevn Becftt er Rose V FerEta Ken Hagautr Al Hggnbotham JmNorman Mark Sharpe Kevn Whte Roger P StewartCenter 3629 Queen Palm Dr Tampa FL33619 Ph Fax Numbers 813 Admn Waste Legal Wetlands Water ERM Ar Lab Executve Drector Rchard D Garrty Ph D Apr Stephen Kuhn Project Manager BC Engneers Scentsts 2000 Edgewater Drve Sute 215 Lakeland FL SUBJECT EPC MTGATON REVEW OFTHE CTY OF PLANT CTY EASTSDE CANAL NSTALLATON OF GABON BASKETS WETLAND MPACT RECEVED AUGUST ADDTONAL NFORMATON RECEVED AND326 09FOLO NA STR28 28S 22E Dear Mr Kuhn The staff of the Envronmental Protecton Commsson of Hllsborough County EPC has completed a revew of the subject applcaton to mpact wetlands n Hllsborough County Ths project s Captal mprovement Plan Project Number 3 whch s part of a 5 part project proposal wthn the Eastsde Canal Stormwater Management Master Plan dated October The mpacts consst of019 acres of permanent wetland mpacts for the purpose of nstallng gabon baskets wthn a porton of the Eastsde canal located between Pennsylvana Avenue and Vermont Street The applcant has demonstrated suffcent justfcaton that the proposed mpacts to the Eastsde Canal are necessary to allevate floodng ssues for the surroundng azeas and compensaton for the wetland mpacts wll be provded Therefore ths letter shall serve as documentaton that the Executve Drector ofthe EPC has conceptually authorzed wetland mpacts subject condtons and comments enumerated below to the 1 Only those wetland mpacts dentfed n the table below are authorzed for mpact Wetland Acrea a Descr ton Mt aton T e Wetland A Qualfes for EPC Notced Excavated Segment Dtches Exempton11b No Mt aton Re ured Wet and A l 019 j arested 08 Pc Wetland Creaton Total Wetland mqacts excludes exempt mpacts www epchc org EMal epcnfo@epchc org AN AFFLb1ATNE ACTON EQCAL OPPORTLNTY EMPLOYER A Prnted on recycles paper

14 Mr Stephen Kuhn Apr Page 2 2 Mtgaton offered to compensate for mpacts to the wetland wll consst of 08 acres of offste wetland creatonwthn the Samuel Cooper Park located upstream of the mpact area Utlzng the Unform Mtgaton Assessment Method outlned n Chapter FAC t wasdetermned that the proposed mpacts wll result n the Loss of 02 functonal unts whle the proposed mtgaton wll result n the gan of02 functonal unts 3 The wetland mtgaton areas must be montored n accordance wth the plan receved on March and the tems lsted below Ths nformaton must also be ncluded on the detaled mtgaton sheets and on the fnal constructon set provded to EPC staff A The followng standazds shall be requred for the mtgaton plantngs STANDARDS FOR WETLAND TREES Seedln 1 allon 3 allon 7 allon He t Cal er mn Crown mn Tme n contaner mn 60 days 90 days 90 days 90 days Roots are to befully rooted n not but NOTrootbound STANDARDS FORWETLAND SHRUBS Seedln s 1 allon 3 allon He t Tme n contaner mn 45 da s 60 da s 60 da s Roots are to be fully rooted n pot but NOTroot bound STANDARDS FOR WETLAND HERBS 2 nch of 4 nch of 1 allon Roots Full rooted Full rooted Full rooted Tme n contaner mn 45 da s 45 da s 45da s Roots aze to be fully rooted n pot but NOTroot bound B A Mtgaton Completon Report to nclude plantng detals of the mtgaton area shall be submtted to EPC staff wthn 30 days of completng constructon and plantng ofthe mtgaton area f the mtgaton nvolves wetland creaton anas bult survey must be submtted whch ncludes representatve elevatons ofthe bottomand slopes of the creaton azea A contour lne wthn01of the upper desgn elevaton typcally Seasonal Hgh Water shall be depcted on the survey Usng the polygon formed by the upper elevaton contour theas bult acreage of the mtgatonarea s shall becalculated and reported on Elbe survey Upon EPC staff nspecton and approval of the mtgaton area s the montorng program shall be ntated C Sem annual montorng along wth assocated montorng reports and mantenance s requred for amnmum of three years for herbaceous shrub systems and fve years for a forested system Montorng reports must be

15 Mr Stephen Kuhn Apr Page 3 submtted to EPC staff wthn 30 days followng each montorng event At a mnmum monto ng reports should address 1 Date planted and number ofplanted materals used 2 Sol stablzaton measures used 3 Percent survval of planted speces 4 Number of plants replanted f necessary and when planted of trees tagged to montor tree growth rate and DBH forested systems 6 Water Qualty a Vsual observatons b Lab data f necessary esalnty conductvty ph etc 7 Desrable wetland upland speces cover 8 Plant dversfcaton and natural recrutment wth a str g of speces present 9 Depth of water at montorng event 10 Permanently marked photo statons 11 Wldlfe usage 12 Overall ecologcal evaluaton and 13 Problems encountered and correctve actons mplemented or needed D Theremoval and control of nusance or exotc speces s requred Nusance speces coverage must not exceed fve percent5 Caesar weed Llrena lobata Brazlan pepper Schnus terebnthfolus ar potato Doscorea bulbfera ear pod tree Enterloburn contortslquum cattals Typha spp prmrose wllow Ludwga perccvann dogfennel Eupatorum spp Sesbana spp and water hyacnths Echhorna spp are examples of nusance speces but do not represent a comprehensve lst E Eghty fve percent 85 survval must be guaranteed for each planted tree and shrub speces Ffty percent 50 cover wth desrable natve wetland speces must be acheved at the end of year 1 seventy percent 70 at year 2 and eghty fvepercent 85 pror to release Annual replantng s requred f these crtera are not met F The plant source must be ndcatede certfed nursery grown bare root transplanted from on ste f collected plants are to be used donor stes must be dentfed and approved by EPC staff G The mtgaton work must be completed along wth the submttal of the Mtgaton Completon Report wthn 180 days ofthe ntal wetland mpact H Montorng and mantenance must contnue untl all EPC success crtera have been met at whch tme acertfcate of Completon s ssued f success crtera cannot be met reconstructonof the mtgaton ste may be necessary to acheve functonng wetlands

16 Mr Stephen Kuhn Apr Page 4 4 Operaton of all constructon equpment and storage of constructon materals outsde of the approved project area shall be confned to upland areas only The wetland areas outsde of the project boundares shall reman undsturbed 5 Staff of the EPC must receve an executed Wetland mpact Approval and Mtgaton Agreement sgned by the owner developer As ths document wll be recorded n the Publc Records of Hllsborough County EPC staff must receve recordng fees to cover the cost of ths transacton The recordng fee must be receved n the form of acheck or money order and made payable to the Hllsborough County Clerk of the Crcut Court Personal checks wll not be accepted The fee for recordng the document s for the frst page and850 for each addtonal page f the party responsble for ensurng the success of the mtgaton area or ther agent has an account wth the Hllsborough County Clerk s Offce the account number may be provded to EPC staff for the purposes of the recordng The Wetland mpact Approval and Mtgaton Agreement form s avalable for downloadng at epchc org 6 Pror to the mpact of any wetlands on ste EPC staff must receve a fnancal surety n the amount of the certfed cost estmate for the mtgaton area s plus 10 Ths fnancal surety must name EPC as the benefcary and may be n the form of a letter of credt performance bond or escrow agreement The fnancal surety amount must be entered nto tem g of the Wetland mpact Approval and Mtgaton Agreement f the owner developer elects to use anescrow agreement the language n the agreement must be revewed by EPC legal counsel pror to acceptance 7 Pursuant to Chapter 11 Wetlands Rules of the EPC arecorded desgnaton n the Offcal Records of Hllsborough County as a permanent conservaton easement as defned n secton 70 06Florda Statutes must be placed over mtgaton areas cumulatvely exceedng 05acre n sze and all upland areas proposed for preservaton as mtgaton f a conservaton easement easement s requred pursuant to Chapter 1 11 Rules of the EPC the easement attached legal descrpton and approprate recordng fees must be submtted wth the Mtgaton Completon Report The conservaton easement form s avalable for downloadng at epchc org 8 Under no crcumstance may wetland mpacts occur untl EPC staff has receved the executed Wetland mpact Approval and Mtgaton Agreement recordng fees and the fnancal surety and only after such tme as the applcant has taken suffcent ttle nterest n the subject property General Comments Condtons Ths approval s vald for a perod of two and one half years from the date of ths letter expraton date October f the ste plans are altered or the tme perod for the alotted encroachment expres ths mpact approval wll become nvald Ths date must be entered on page two of the Wetland mpact Approval and Mtgaton Agreement Ths approval apples only to the development proposal as submtted and n no way does t provde EPC approval to any other aspect of the EPC revew process naddton ths approval does not mply exempton from obtanng all proper permts governmental agences from other

17 Mr Stephen Kuhn Apr Page 5 Any actvty nterferng wth the ntegrty of wetland s such as clearng excavatng dranng or fllng wthout wrtten authorzaton from the Executve Drector of the EPC or hs authorzed agent pursuant to Secton11 07 Rules ofthe Commsson would be a volatonof Secton 17 of the Envronmental Protecton Act of Hllsborough County Chapter and of Chapter 11 Rules of the EPC Thank you for your cooperaton f you requre addtonal nformaton please contact Mrs Km Tapley at extenson 1359 Sncerely Rchard D GarrtyPh D Ex Envronmental Protecton Co of Hllsborough Co a Drector sson cc Km Tapley EPC kmt cjc wr taustn@plantctyog vcom skuhn 3bceng com