Shingle Creek Regional Trail – North Phase 2B

ENVIRONMENTAL RESOURCE PERMIT APPLICATION

FOR

City of Kissimmee

Osceola County, Florida

Prepared For

City of Kissimmee

February 2017

Prepared By:

Kelly, Collins & Gentry, Inc. 1700 North Orange Ave., Suite 400 Orlando, Florida 32804 (407) 898-7858 Certificate of Authorization No. 7350

Herman D. Tirado, Florida P.E. No. 36910

Date: February 8, 2018 ERP Application Shingle Creek Regional Trail – North Phase 2B

TABLE OF CONTENTS

1.0 General Information 1 1.1 Project Location 1 1.2 Purpose 2 1.3 Existing Drainage Patterns 2 1.4 Floodplains 2 1.5 Rules & Regulations/Regulatory Agency Coordination 3 2.0 Stormwater Management Analyses 3 3.0 Floodplain Compensation Analysis 4 4.0 Cross Drains 4

LIST OF APPENDICES

Appendix Description

A Exhibits - Project Aerial and Location Map - USGS Quadrangle Map Exhibit - Soils Exhibit - Floodplain Exhibits - Drainage Maps

B Floodplain Compensation Calculations

C Cross Drain Calculations

D Permit Information: Weston Reserve Pond

E Permit Information: Flora Lakes Pond (aka Stonefield)

F SFWMD Pre-Application Meeting Minutes

i ERP Application Shingle Creek Regional Trail – North Phase 2B

1.0 General Information

1.1 Project Location

The Shingle Creek Regional Trail (SCRT) system is a recreational pathway network that will ultimately extend from the Osceola / Orange County line south along the east and north sides of Shingle Creek to Lake Tohopekaliga (Lake Toho), and along the west side of Lake Toho from Shingle Creek north to the Kissimmee Lakefront Park in the City of Kissimmee, Florida. A portion of this multi-use trail system from Vine Street (US 192) south to the intersection of Future Hoagland Boulevard with Pleasant Hill Road is already constructed or to be constructed under separate contract. This permit application addresses the trail segment located within the North Project Area that extends from the Osceola / Orange County line to Vine Street (US 192). This application will be for Phase 2B of the North Project Area which includes a segment located north of the Tapestry Development and ends just south of Osceola Parkway to the trail system. The Project Location Map in Appendix A shows the proposed project limits.

The North Phase 2B of the SCRT is proposed to include an extension of the existing SCRT. This segment begins at the north end of the Tapestry Development where it connects to an existing 12’ trail. The trail transitions to 14’ and continues north along the berms of the wet detention pond for the Weston Reserve and Stonefield Subdivisions. This segment will include two boardwalk crossings to minimize impacts of wetlands and floodplains. The trail will have a geometric design speed for an 18 mph bicyclist user. All segments of the SCRT will comply with ADA requirements.

The SCRT is located within Section 6 and 7 of Township 25 South, Range 29 East. The project traverses over lands owned by the City of Kissimmee and Osceola County, and travels through water management parcels owned by Weston Reserve HOA and Stonefield HOA.

The SCRT will include drainage features to collect runoff originating on-site and direct it to either existing downstream locations or to existing or proposed on-site storm water management facilities. Drainage features to collect runoff will typically include a pipe or storm inlet that will convey runoff to either a downstream location or storm water management facility. Segments of the trail located along previously permitted developments having storm water management facilities may discharge runoff into the existing facilities. Storm water management facilities will be required when not exempted by the rules of the SFWMD. Per SFWMD rules, recreational paths that have a width of 12’ or less and are not located within wetlands or other surface waters are exempt per Chapter 40D-4.051(12).

1 ERP Application Shingle Creek Regional Trail – North Phase 2B

This project was designed using the NGVD (National Geodetic Vertical Datum) 1929. Referenced data, such as 100-year flood elevations documented by FEMA, uses the NAVD (North American Vertical Datum) 1988. At this project location, NAVD88 elevations can be converted to NGVD29 elevations by adding 0.925’. For example, the 100-year flood elevation in Shingle Creek immediately south of the Osceola Parkway bridge is 76.2’ NAVD88, which converts to approximately elevation 77.1’ NGVD29.

1.2 Purpose

The purpose of this report is to document the stormwater management design required for the proposed improvements which include the following:

(1) Available capacity of existing wet detention ponds for water quality treatment

(2) Excavated area for 100-year floodplain compensation

1.3 Existing Drainage Patterns

The project limits lie along the banks of Shingle Creek and either have direct sheetflow runoff through bordering uplands and wetlands to the creek or runoff is collected by existing wet detention systems that discharge to Shingle Creek. The existing wet detention pond systems along the SCRT alignment include ponds serving Weston Reserve and Stonefield. Copies of the SFWMD Permits and Technical Staff Reports (TSRs) are included in the Appendices of this report.

1.4 Floodplains

The SCRT will be located along and within the 100-year floodplains associated with Shingle Creek. Estimated peak flood stages for the 100-year flood stages of Shingle Creek are published by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study for Osceola County, Florida and Incorporated Areas, dated May 7, 2001 and pending revision. Floodplain Exhibits are provided in Appendix A which depict the limits of the 100-year floodplain and floodway as provided by Osceola County for the proposed Flood Insurance Rate Map (FIRM) revisions currently under review by FEMA. The revised FIRM’s will update the currently published Map Numbers 12097C- 0055F and 12097C-0065F dated June 6, 2001. The revised FIRM’s reflect refinements to the delineation of the floodplains along Shingle Creek by using a digital terrain model generated from 2006 LiDAR data supplied by the City of Kissimmee. There are no proposed changes to the 100-year flood stages along Shingle Creek by the revised FIRM, only refinements to the delineation of the floodplain limits based on improved terrain model information.

The SCRT will be built as near to at-grade where possible and above the 10-year flood stage along this segment. Any segments of the SCRT that require filling within the 100- year floodplain will need to offset the lost floodwater storage capacity by providing

2 ERP Application Shingle Creek Regional Trail – North Phase 2B

compensatory storage. The compensating storage will be provided by an excavation area within the floodplain. The resulting compensatory storage for fill within the floodplain will result in no net loss of floodwater storage capacity.

1.5 Rules & Regulations/Regulatory Agency Coordination

The stormwater management facilities for this project will be designed in accordance with the design standards, criteria, and guidance of the South Florida Water Management District (SFWMD), City of Kissimmee, and Osceola County. Water quality treatment and water quantity attenuation are two main categories of the criteria established by these governmental agencies for the required detention facilities. The SFWMD design criteria for the stormwater management system are documented in Environmental Resource Permit Information Manual Volume IV.

(1) Water Quality Criteria

The proposed stormwater management system will consist of the direction of runoff to adjacent existing wet detention ponds when the SCRT is located on a pond berm.

The required water quality treatment volume by the SFWMD for a wet detention system will be the greater of either the first inch of runoff from the developed project or the total runoff of 2.5 inches times the percentage of imperviousness. For retention, a 50% credit is applied to the wet detention criteria. For dry detention, a 25% credit is applied to the wet detention criteria. An additional 50% of treatment volume is required due to downstream impaired waters.

Recreational paths that have a width of 12’ or less and are not located within wetlands or other surface waters are exempt per Chapter 40D-4.051(12).

(2) Water Quantity Criteria

Per discussion at the Pre-Application Meeting with SFWMD staff (see Meeting Minutes in Appendix H), the project is expected to have an insignificant impact on water quantity as the project will have discharge runoff via sheetflow directly off-site. Hence, no hydrographs or water quantity calculations have been performed for this project.

2.0 Stormwater Management Analyses

The SCRT North Phase 2B segment is a 14’ wide trail that will be located on existing wet detention pond berms and will have runoff directed to the pond for treatment.

Segment “500” will discharge into the adjacent wet detention ponds at the Weston Reserve and Stonefield subdivisions. Both wet detention pond systems were designed to include runoff from a perimeter 10’ wide paved recreational trail that was intended to entirely ring around each of the ponds. A 10’ wide paved trail was constructed on the

3 ERP Application Shingle Creek Regional Trail – North Phase 2B

sides of the ponds adjacent to Shingle Creek, however the paved trail was not constructed on the sides of the ponds adjacent to homes, unless needed for access to the trail along the creek. Expanding the 10’ wide trail to a 14’ wide trail that is located only along Shingle Creek in lieu of a paved trail that was supposed to be entirely ringing around each pond will result in less impervious area that will be contributing runoff to each pond system. In summary, there is no net increase of runoff into the pond systems due to the trail system than what was originally intended by the permitted design.

3.0 Floodplain Compensation Analysis

The SCRT will require filling within the 100-year floodplain as delineated by FEMA. The North Phase 2B segment will create fill in the floodplains, but a negligible amount of cut. A portion of floodplain compensation for the impacts for this segment was provided in North Phase 1 of this project. Floodplain compensation for the additional impacts is provided in this segment.

Floodplain Compensation Calculations are provided in Appendix C. The net fill and cut are summarized below.

Total Fill in Floodplains = 0.47 AC-FT Total Cut in Floodplains = 0.69 AC-FT Net Excess Compensating Floodplain Storage = 0.22 AC-FT

4.0 Cross Drains

The SCRT North Phase 2B segment will have two locations where runoff will cross the trail alignment. Runoff in both locations with be conveyed using cross drains. See Appendix C for cross drain calculations.

 CD-1 – Sta. 500+70.00 Culvert 1 (CD-1) will convey about 0.70 acres of a sodded swale, created by the tie-down slopes of the pond in the southwest corner of the Weston Reserve Subdivision. The runoff will be conveyed using a single 19” x 30” ERCP or equivalent.  CD-2 – Sta. 548+00.00 (approx.) Culver 2 (CD-2) will convey about 4.04 acres of an undeveloped forested area to the west of the Stonefield Subdivision. The runoff will be conveyed using a single 19” x 30” ERCP or equivalent.

R:\Kissimmee, City of\Shingle Creek Trail\Projmgnt\Drainage\DrainageReportRevisoin 02-2013 for SFWMD.doc

Appendix A

Exhibits

- Project Aerial - Location Map - USGS Quadrangle Map Exhibit - Soils Exhibit - Floodplain Exhibits - Drainage Maps

OSCEOLA COUNTY

ORANGE COUNTY

. KWY A P EOL OSC end project shingle creek trail sta. 557+84.00

U e

e l

N g

n i

0 200 800 h

. R

Feet I

STONEFIELD

G D N V

I L G B

PROPOSED TRAIL N A

A R H O L F

. LN DGE RI EST FOR

WESTON RESERVE

A M

begin project shingle creek trail

sta. 499+33.00

g n

PROJECT AERIAL MAP SHINGLE CREEK REGIONAL TRAIL - NORTH PHASE 2B OSCEOLA COUNTY, FL CITY OF KISSIMMEE OSCEOLA COUNTY, FLORIDA CONSTRUCTION PLANS FOR SHINGLE CREEK REGIONAL TRAIL NORTH PROJECT AREA - PHASE 2B FDOT FEDERAL AID NO. 430225-1-58-01 E E

525 8 9 END PROJECT 2 2

SHINGLE CREEK TRAIL R R O R A N G E C O U N T Y STA. 557+84.00

T 24 S T 24 S Pkwy T 25 S S T 25 S h (Toll) i n

g 6 l O S C E O L A e 5 C O U N T Y 1

C 9 ec L. ile 12 7 8

Shingle 530A Creek $

Ch. E L I C 18 17 F r $

BEGIN PROJECT . SHINGLE CREEK TRAIL STA. 499+33.00 13 14 KISSIMMEE

192

Pop. 47,814 $

19 E M 23 24 20 I T E E $

9 8 2 2

LOCATION MAP R R $ E T A D $

N $ R E S

0 4000 8000 U $

Feet

Scale:1' = 8000' SHINGLE CREEK TRAIL Date:07-08-2015 NORTH PHASE 2B S:8, 18 T: 25S R:29E KELLY, Job # :430225-1-58-01 Exhibit:PROJECT LOCATION MAP COLLINS & Drawn by:SPD Source: GENTRY,INC. Appvd. by: ENGINEERING/PLANNING RGB Area: OSCEOLA COUNTY, FL 1 of 1 O N SHINGLE CREEK REGIONAL S

E TRAIL - NORTH PHASE 2B 0 100 500 O L

Feet P

. A

100-YEAR CC FLOODPLAIN Y le cree Y hing k T s T N N U U O O C C

A E L G O N E A C R S

DD O O

ek WATERWAY re c . CIR S sh le OS ing M ING NG STONEHURST CIR. PROPOSED TRAIL C HA

STONEFIELD D F 100-year floodplain

S MAPLE RIDGE LOOP T LEGEND

I 100-YEAR FLOODPLAIN D G A TRAIL SEGMENT NODE

EXISTING TRAIL L N . USGS QUADRANGLE MAP

WESTON RESERVE EXHIBIT No. 2 SOILS MAP SHINGLE CREEK REGIONAL TRAIL - NORTH PHASE 2B OSCEOLA COUNTY, FL SOILS MAP LEGEND SHINGLE CREEK REGIONAL TRAIL - NORTH PHASE 2B OSCEOLA COUNTY, FL O N SHINGLE CREEK REGIONAL S

E TRAIL - NORTH PHASE 2B 0 100 500 O L

Feet P

. A

100-YEAR CC FLOODPLAIN Y le cree Y hing k T s T N N U U O O C C

A E L G O N E A C R S

DD O O

ek WATERWAY re c . CIR S sh le OS ing M ING NG STONEHURST CIR. PROPOSED TRAIL C HA

STONEFIELD D F 100-year floodplain

S MAPLE RIDGE LOOP T LEGEND

I 100-YEAR FLOODPLAIN D G A TRAIL SEGMENT NODE

EXISTING TRAIL L N

. FLOODPLAIN EXHIBIT No. 1 WESTON RESERVE N

0 100 400

Feet

K E E R C

CONSERVATION END BOARDWALK EASEMENT BEGIN PAVEMENT E 545 L G STA. 529+76.42 IN H CWL=71.0' BEGIN CONSTRUCTION S 0 54 DHW=74.1' (10/24) MATCH EXISTING 5 DHW=75.2' (10/72) 5 .00 0 STA. 499+33 0 53 53 5 POND 7

END PAVEMENT 55 BEGIN BOARDWALK CS CS 5 STA. 523+61.96

500 5

F W

2 B x

x 5 END PAVEMENT x 0 x

t 5 5 e m p o r a r y te s t e l BEGIN BOARDWALK e m e n t o n ly

7 1.

x x

x STA. 517+35.85

W F

x CS 5 x

x 1

x POND 3 0 x

x 0 x

x 2

x x

I N

O x CWL=73.0' 5 CS DHW=74.8' (10/24) EQUATION: DHW=76.1' (10/72) 5 POND 2 STA. 523+61.55 BK = END CONSTRUCTION 1 5 CWL=73.0' STA. 523+61.96 AH DHW=74.8' (10/24) STA. 555+84.00 DHW=76.1' (10/72) INFO

STONEFIELD END BOARDWALK

INFO (FLORA LAKES)

BEGIN PAVEMENT

S T

E STA. 519+44.06

A L Y O A E W WESTON C K S R O A RESERVE P

REVISIONS CITY OF KISSIMMEE SHEET DATE DESCRIPTION DATE DESCRIPTION OSCEOLA COUNTY NO. DRAINAGE MAP 1700 N. ORANGE AVE., SUITE 400 ORLANDO, FL 32804 SHINGLE CREEK REGIONAL TRAIL 407-898-7858 CERT. OF AUTHORIZATION NO. 7350 4 ROBERTHERMAN D.G. TIRADO,BUTTERFIELD, P.E. P.E. LICENSELICENSE NO. 3691044637 PROJECT AREA - PHASE 2B NORTH

SPDICIERO 12/6/2016 9:58:05 AM R:\Kissimmee_City_of\1016_Sequence_2_Shingle_Creek_Regional_Trail\01_Design\North_Phase_2B\_1Cadd\SCT_North_PH2

Appendix B

Floodplain Compensation Calculations

Shingle Creek Regional Trail 100‐Year Floodplain Compensation Summary 04/30/2015 North Phase 2B Sta 547+30 to 557+85

FLOODPLAIN IMPACTS

STATION PGL Exist Diff 54800 74.9 71.46 3.44 54900 74.86 73.54 1.32 55000 74.82 74.48 0.34 55100 74.77 74.06 0.71 55200 74.74 74.12 0.62 55300 74.7 74.13 0.57 55400 74.66 73.92 0.74 55500 74.62 73.74 0.88 55600 74.56 74.17 0.39 55700 74.54 74.04 0.5 55785 74.5 73.75 0.75

Average Depth = 0.93 ft Average Area = 19.4 sf Length = 1055 ft Impact Volume = 20458 cf = 0.47 ac‐ft

FLOODPLAIN COMPENSATION 1 ft. deep excavated area Area Area Volume sf ac. ac‐ft Area at Bottom of Compensation: 27833 0.64 0 Area at Top of Compensation: 32329 0.74 0.69

Compensation Volume = 0.69 ac‐ft Shingle Creek Regional Trail 100‐Year Floodplain Compensation Summary 05/30/2015 North Phase 2B Sta 449+43 to 547+30

FLOODPLAIN CALCULATIONS Station 449+43 to Station 547+30

The 100‐Year Floodplain elevation varies along the project and its three segments. The floodplain elevations (NGVD) were averaged for segments of the trail. The following summarizes the floodplain elevations used for calculating the fill volumes:

100‐Yr Flood Elevation (ft NGVD) Segment 100: Sta 101+32 to 110+60 71.7 Sta 114+00 to 135+00 73 Sta 135+00 to 142+25 73.6

Segment 200: All Stations 74

Segment 500: Sta 500+83 to 516+97 76.15 Sta 519+87 to 523+40 76.6 Sta 529+80 to 547+30 76.9

Total Fill Within the 100‐Year Floodplain

Segment 100 = 1911 CY <<<< Located in North Phase 1 Segment 200 = 0 CY Segment 500 = 2833 CY <<<<< <<<<< In North Phase 2B Total Fill = 4744 CY

Compensating Storage Within the 100‐Year Floodplain

Segment 100 = 3342 CY <<<< Located in North Phase 1 Segment 200 = 1501 CY Segment 500 = 0 CY Total Cut = 4843 CY <<<<< Floodplain Comp for Impacts from Sta 499+43 to 547+30 Provided by Compensation in North Phase 1 project.

Summary: Excess Compensating Floodplain Storage Provided.

Appendix C

Cross Drain Calculations

HY-8 Culvert Analysis Report Legend

SCRT North Ph 2B

Drainage Area = 0.70 acres

Total Culvert Headwater Inlet Outlet Outlet Tailwater Flow Normal Critical Outlet Tailwater Discharge Discharge Elevation Control Control Velocity Velocity Type Depth (ft) Depth (ft) Depth (ft) Depth (ft) (cfs) (cfs) (ft) Depth (ft) Depth (ft) (ft/s) (ft/s)

0.00 0.00 73.50 0.000 2.500 0-NF 0.000 0.000 1.583 2.700 0.000 0.000 0.40 0.40 73.50 1.#QO 2.500 4-FFf 0.151 1.#QO 1.583 2.700 0.133 0.000 0.50 0.50 73.50 1.#QO 2.501 4-FFf 0.166 1.#QO 1.583 2.700 0.166 0.000 1.20 1.20 73.50 0.398 2.504 4-FFf 0.267 0.291 1.583 2.700 0.398 0.000 1.60 1.60 73.51 0.471 2.507 4-FFf 0.311 0.338 1.583 2.700 0.531 0.000 2.00 2.00 73.51 0.524 2.510 4-FFf 0.346 0.383 1.583 2.700 0.663 0.000 2.40 2.40 73.52 0.580 2.515 4-FFf 0.382 0.424 1.583 2.700 0.796 0.000 2.80 2.80 73.52 0.634 2.520 4-FFf 0.418 0.458 1.583 2.700 0.929 0.000 3.20 3.20 73.53 0.680 2.527 4-FFf 0.448 0.495 1.583 2.700 1.061 0.000 3.60 3.60 73.53 0.726 2.534 4-FFf 0.475 0.525 1.583 2.700 1.194 0.000 4.00 4.00 73.54 0.771 2.542 4-FFf 0.502 0.559 1.583 2.700 1.327 0.000

Culvert Performance Curve Plot: Culvert 1

Performance Curve Culvert: Culvert 1

Inlet Control Elev Outlet Control Elev 74.0

73.5

73.0

72.5

72.0 Headwater Elevation (ft) Elevation Headwater

71.5

71.0

0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 Total Discharge (cfs) Water Surface Profile Plot for Culvert: Culvert 1

Site Data - Culvert 1 Site Data Option: Culvert Invert Data Inlet Station: 0.00 ft Inlet Elevation: 71.00 ft Outlet Station: 40.00 ft Outlet Elevation: 70.80 ft Number of Barrels: 1

Culvert Data Summary - Culvert 1 Barrel Shape: Elliptical Barrel Span: 30.00 in Barrel Rise: 19.00 in Barrel Material: Concrete Embedment: 0.00 in Barrel Manning's n: 0.0120 Culvert Type: Straight Inlet Configuration: Grooved Edge with Headwall Inlet Depression: NONE Tailwater Channel Data - CD-1 Tailwater Channel Option: Enter Constant Tailwater Elevation Constant Tailwater Elevation: 73.50 ft

Roadway Data for Crossing: CD-1 Roadway Profile Shape: Constant Roadway Elevation Crest Length: 300.00 ft Crest Elevation: 76.50 ft Roadway Surface: Paved Roadway Top Width: 14.00 ft

Legend SCRT North Ph 2A

Feature 1 Drainage Area = 4.04 acres

Feature 2

Feature 3

Polygon Measure

Style29

Style67

Style76

0.00 0.00 73.70 0.000 1.900 0-NF 0.000 0.000 1.583 2.000 0.000 0.000 0.40 0.40 73.70 0.274 1.901 4-FFf 0.236 0.174 1.583 2.000 0.131 0.000 0.80 0.80 73.70 0.326 1.902 4-FFf 0.337 0.246 1.583 2.000 0.262 0.000 1.20 1.20 73.70 0.407 1.905 4-FFf 0.416 0.303 1.583 2.000 0.393 0.000 1.60 1.60 73.71 0.470 1.908 4-FFf 0.480 0.349 1.583 2.000 0.524 0.000 2.00 2.00 73.71 0.530 1.913 4-FFf 0.540 0.394 1.583 2.000 0.655 0.000 2.40 2.40 73.72 0.586 1.919 4-FFf 0.597 0.434 1.583 2.000 0.786 0.000 2.50 2.50 73.72 0.600 1.921 4-FFf 0.609 0.444 1.583 2.000 0.818 0.000 3.20 3.20 73.73 0.684 1.934 4-FFf 0.698 0.504 1.583 2.000 1.048 0.000 3.60 3.60 73.74 0.730 1.943 4-FFf 0.747 0.538 1.583 2.000 1.179 0.000 4.00 4.00 73.75 0.774 1.953 4-FFf 0.794 0.567 1.583 2.000 1.310 0.000

Culvert Performance Curve Plot: Culvert 2 Performance Curve Culvert: Culvert 2

Inlet Control Elev Outlet Control Elev 74.0

73.8

73.6

73.4

73.2

73.0

72.8

72.6

72.4 Headwater Elevation (ft) Elevation Headwater 72.2

72.0

71.8

0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 Total Discharge (cfs)

Water Surface Profile Plot for Culvert: Culvert 2

Site Data - Culvert 2 Site Data Option: Culvert Invert Data Inlet Station: 0.00 ft Inlet Elevation: 71.80 ft Outlet Station: 96.00 ft Outlet Elevation: 71.70 ft Number of Barrels: 1

Culvert Data Summary - Culvert 2 Barrel Shape: Elliptical Barrel Span: 30.00 in Barrel Rise: 19.00 in Barrel Material: Concrete Embedment: 0.00 in Barrel Manning's n: 0.0120 Culvert Type: Straight Inlet Configuration: Grooved Edge with Headwall Inlet Depression: NONE Tailwater Channel Data - CD-2 Tailwater Channel Option: Enter Constant Tailwater Elevation Constant Tailwater Elevation: 73.70 ft

Roadway Data for Crossing: CD-2 Roadway Profile Shape: Constant Roadway Elevation Crest Length: 300.00 ft Crest Elevation: 75.60 ft Roadway Surface: Paved Roadway Top Width: 14.00 ft

Appendix D

Permit Information: Weston Reserve Pond

LAST DATE FOR GOVERNING BOARD ACTION: APRIL 12. 2001 W L4 fjj;gI [,pgrgy?t i % - -IN. .mXC--*mTT --WX-- ENVIRONMENTAL RESOllRCE PERMIT STAFF REVIEW SL~MARY

APPLICATION NUMBER: 000621- 16 PERMIT NUMBER: 49-00920-P

PROJECT NAME : WESTON RESERVE

LOCATION : OSCEOLA COUNTY, S5,6,7,8/T25S/R29E APPLICANT'S NAME: KELLEY PROPERTIES OWNER'S NAME AND ADDRESS: KELLEY PROPERTIES POST OFFICE BOX 423967 KISSIMMEE. FL 34742

ENGINEER: RON HOWSE PA

II. PROJECT DESCRIPTION 'u PROJECT AREA: 886.00 acres DRAINAGE AREA: 886.00 acres DISTRICT DRAINAGE BASIN: SHINGLE CREEK RECEIVING BODY: SHINGLE CREEK CLASSIFICATION: CLASS II I

PllRPOSE : The purpose of this application is to authorize a modification for the construction and operation of a surface water ~iianagenient system to serve a 115.40-acre single-fami ly residential development, the preservation of an additional 64.78 acres, with impacts to 13.74 acres of wetlands within 705.18 acres of adjacent appl icant-owned undeveloped area. Staff's recommendation is for approval .

BACKGROUND : The SFWMD Governing Board approved residential develop~iienton two adjacent tracts. namely Flora Ridge (Application No. 971105-8, Permit No. 49-00857-P) and Flora Lakes (Appl ica1;ion No. 980601-2. Permit No. 49-00920-P) . on February 12. 1998 and October 15. 1998 respectively. These two tracts were not w considered to be contiguous appl icant -owned property due to thei r separation by existing Osceola Parkway. The two developments include separate drainage patterns and are not hydraulically dependent on each other in any way. Subsequent to the issuance of these two existing permits. additional land was added and the entire project became a Development of Regional In'lpact (DRI) known as Flora Ridge. These two existing permitted developments. as we1 1 as the area included within this permit modification, are included within the Flora Ridge DRI .

EXISTING FACILITIES:

Construction and Operation Area (180.18 acres) : This is an existing undeveloped site consisting of open-pasture and wetlands. The site is bordered on the north by the existing Stonefield development (permitted as Flora Lakes) and the west by Shingle Creek. Surface water runoff fro111 the site currently sheetflows to the west into adjacent Shingle Creek. In addition. approximately 50.0 acres of offsite area located to the east of the site sheetflows across the site to an existing isolated wetland located north of the site, within the area of future development. 'The offsite wetland outfalls to Shingle Creek via an existing slough.

Future Development Area (705.82 acres) : -1 This is an existing undeveloped site consisting of open-pasture and several isolated wetlands connected by shallow ditches. The site is irregularly shaped but generally is located south of Osceola Parkway, west of John Young Parkway, north of Carroll Street, and east of Shingle Creek. A small portion of the site is also 1ocat.ed north of Osceola Parkway. The existing landform consists of mi ld slopes. Surface water runoff generally sheetflows to the onsite wetlands with ultimate outfall to Shingle Creek.

PROPOSED FACILITIES :

Construction and Operation Area ( 180.18 acres : The 180.18 acres of Construction and Operation area consists of the 115.40- acre s-ingle-family residential subdivision plus 64.78 acres of preservation area. Construction proposed consists of the surface water management system to serve a 336-lot s-ingle-fami ly residential subdivision. Water qua1 ity treatment and stormwater attenuation is provided within three proposed wet detention ponds. Proposed Pond 1 outfalls to interconnected Ponds 2 and 3, which in turn discharge to adjacent Shingle Creek via three proposed control structures. Portions of the proposed site are located within the existing 100-year floodplain, as determined by FEMA. Compensating storage volume is provided within proposed Ponds 2 and 3 up to the existing 100-year floodplain elevation of 76' NGVD. Ponds 2 and 3 include a direct hydraul ic connection to the existing 100-year floodplain area associated with Shingle Creek. The 109.03-acre drainage area routed to the proposed wet detention ponds consists of the 115.40-acre residential development area minus 6.37 acres of pervious area that sheetflows directly to Shingle Creek. This pervious area is located between Shingle Creek and proposed Ponds 2 and 3. No offsite area is routed to the proposed ponds. The 50.0 acres of offsite area that historically flowed across the site now bypasses the proposed development via a collection swale, inlet, and 392 feet of reinforced concrete pipe. The offsite area is directed to an existing wetland located north of the site, as in pre-development conditions.

Future Development Area (705.82 acres) : No development is proposed within this area at this time. The 115.40 acres proposed for development at this time is not dependent on this area in any way. Stormwater runoff from the 705.82 acres will continue to sheetflow across the open pasture to the existing wetlands eventually reaching Shingle Creek, as in the existing conditions. Due to the fact that there is a DRI existing for this area, the proposed Wu wetland impacts and preservation areas addressed with-in the DRI have also been addressed within this staff report. The proposed wetland impacts are 1imited to the future development area, while wetland preservation is included in both the construction and operation area and future development areas. The total applicant-owned land area is 1.134.0 acres and consists of the 248.0 acres previously permitted and the 886.0 acres included within this application.

BASIN INFORMATION : WSWT Normal /Dry Area El ev Ctrl Elev Method of Basin Acres (ft, NGVD) (ft, NGVD) Determi nation POND 1 19.17 77.00 77 WET SEASON SOIL BORlNGS PONDS 213 89.86 73.00 73 WET SEASON SOIL BOR I NGS DISCHARGE STRUCTURE INFORMATION :

Water Qua1 ity Structures: Invert Str. Elev. Basin # Bleeder Tvpe Dimensions (ft, NGVD) POND 1 1 V-NOTCH 45 degrees 77.00 PONDS 213 1 V-NOTCH 60 degrees 73.00 PONDS 213 2 V-NOTCH 60 degrees 73.00 PONDS 213 3 V-NOTCH 60 degrees 73.00

Ma.jor Discharse Structures: Str. Crest Elev. Basin # Description (ft. NGVD) POND 1 1 3.08'wideX4.08' long dropinlet 77.95 PONDS 213 1 1' wide SHARP CRESTED weir 73.82 PONDS 213 1 3IwideX6.58' long dropinlet 76.20 PONDS 213 2 .83' wide SHARP CRESTED weir 73.82 PONDS 213 2 3' wide X 6.58' long drop -inlet 75.80 PONDS 213 3 .83' wide SHARP CRESTED wei r 73.82 PONDS 213 3 3' wide X 6.58' long drop inlet 75.80

Discharqe Cul verts : Str . Basin # Description POND 1 1 350' lonq, 2.5' dia. RCP PCINDS 213 1 50110ng:3'dia. RCP PONDS 213 2 50'long. 3'dia. RCP PONDS 213 3 50' long. 3' dia. RCP

Recei vinq Body: Str . Recei ving Basin Body POND 1 1 PONDS 213 PONDS 213 1 SHINGLE CREEK PONDS 213 2 SHINGLE CREEK PONDS 213 3 SHINGLE CREEK

II I. PROJECT EVALUATION Discharge Rate: As shown in the table below, the proposed project discharge is within the allowable limit for the area. The site lies within the Shingle Creek Basin in Osceola County, within an exception area that includes a maximum a1 lowable discharge rate of 192 cfs per square mile (CSM). The a1 lowable peak discharge rate 1isted below is for the 109.03 acres that are routed to the proposed onsi te ponds.

Discharge Storm Frequency : 10YR/72HR Design Rainfall : 9.51

A1 1ow Design Design Disch Method of Disch Stage Basin (cfs) Determi nation (cfs) (ft. NGVD) PONDS 2/3 33 DISCHARGE FORMLILA 31.8 76.11

WATER QUALITY: Water quality treatment is provided for one-inch over the 109.03-acre drainage area within proposed Ponds 1, 2, and 3. w Vol Vol Treatment Rea'd. Prov'd Basin Met hod (ac-'ft) (ac-ft) POhlD 1 1.74 acres WET DETENTION 1.60 1.60 PONDS 2/3 8.9 acres WET DETENTION 7.49 7.49

ROAD DESIGN: As shown in the fol lowing table, minimum road center 1 ines have been set at or above -the calculated design storm flood elevation. Design Storm Freq: 10YR/24HR Design Rainfall: 7.00 inches

Flood Elevation Minimum Center1ine Basin (ft., NGVD) Elevation (ft, NGVD) POND 1 78.22 7 9 PONDS 2/3 74.76 75 FINISHED FLOORS : As shown in the following table, minimum finished floor elevations have been set at or above the calculated design storm flood elevation.

Design Storm Frequency: 100YRl72HR Design Rainfall : 14.90 inches

Minimum Flood Elevation FEMA Elevat ion Design Elev Basin (ft. NGVD) (ft. NGVD) ( ft . -NGVD ) POND 1 80.38 nla 80.38 PONDS 213 79.03 76 79.03

IV. ENVIRONMENTAL ASSESSMENT

PROJECT SITE DESCRIPTION : The project is located north and south of Osceola Parkway, west of John Young Parkway and east of Shingle Creek. The project site consists primarily of improved pasture uplands. There are numerous is01ated forested wet1 ands located throughout the project boundaries and the western property boundary includes a portion of Shingle Creek and its adjacent floodplain wetlands. The purpose of this application is to authorize the construction and operation of a surface water management system to serve the 180.18 acre phase of development and provide conceptual approval for the remaining 705.82 acres of contiguously owned property.

Construction and Operation Area (180.18 acres) : This area is located south of Osceola Parkway and is adjacent to the Shingle Creek wetlands. There are 59.15 acres of Shingle Creek forested wetlands and a 5.63 acre isolated wetland (Wetland 13A and 13B) located within the project boundaries. No wetland impacts are proposed within this phase of construction. The Shingle Creek wetlands (59.15 acres), the is01ated wetland (5.63 acres). and the respective upland buffers will be placed under a conservation easement.

Future Development Area (705.82 acres) : The remaining land consists primarily of improved pasture with scattered isolated, forested wetlands. There are a total of 13.74 acres of wetland impacts proposed to these isolated systems. These impacts were also identified within the Development of Regional Impact (DRI) . The impacts have been limited to the smaller systems or systems that have already been impacted by other development. The remaining 69.58 acres of on-site wetlands will be placed under a conservation easement corresponding to future phases of development. In addition to on-si te wetland preservation, 8.39 credits shall be purchased from the Reedy Creek Mitigation Bank to partially off-set the w proposed impacts .

ENDANGERED, THREATENED & SPECIES OF SPECIAL CONCERN SUMMARY: The project site contains preferred habitat for wetl and-dependent endangeredlthreatened species or species of special concern, speci fical ly the adjacent Shingle Creek wetl ands . Wading birds have been observed forag-i ng within this area, but no nesting sites have been documented. No wetland- dependent endangeredlthreatened species or species of special concern were observed within the isolated wetlands located throughout the improved pasture, and submitted information indicates that potential use of the site by such species is minimal . This permit does not re1ieve the applicant from complying with a1 1 applicable rules and any other agencies' requirements if in the future, endangeredlthreatened species or species of special concern are discovered on the site.

No later than June 12. 2001, the permittee shall record a conservation easement (Exhibits 12 and 13) over the 59.15 acres of Shingle Creek wetlands and 5.63 acres of Wetland 13 and associated upland buffers. The District's standard conservation easement is proposed to be placed over the isolated wetlands (Exhibit 12). Whereas, the Shingle Creek wetlands and upland buffers shall be dedicated to Osceola County with third party enforcement rights to SFWMD (Exhi bit 13). These preservation areas are immediately adjacent to the " proposed phase of construction. The remaining 69.58 acres of is01ated wetlands within Weston Reserve will be placed under a conservation easement within future construction permits. In addition. 15.6 acres of isolated wetlands that are part of the existing Flora Ridge and Flora Lakes developments wi 11 be placed under a conservation easement (Exhibit 12) within future phases of development. The two previously permitted tracts of land occurred prior to the Development of Regional I~~r~pactIDevelopmentOrder. Also, a qualitative mitigation monitoring and maintenance plan wi 11 be conducted within the preserved wetl ands and up1 and buffers to maintain the ecological integrity of the systems (Exhi bit 11).

WETLAND PRESERVATION AND IMPACT SUMMARY:

Construction and Operation Area (180.18 acres) : Construction activities include development of a single-fami ly residential subdivision and its associated surface water management system (Exhibits 2 and 3). Wetland 13 (5.63 acres) and a portion of the Shingle Creek floodplain wetlands (59.15 acres) are located within this area. There are no wetland impacts proposed with-in this phase of Weston Reserve. An average 25 foot up1 and buffer shall be provided landward of the preserved wetl ands. Wetland 13, the Shingle Creek wet1 ands , and associated up1 and buffers are proposed for preservation and wi 11 be placed under a conservation easement in conformance with this application. The existing hydroperiod wi 11 be maintained in wetl ands proposed for preservation in conjunction with this phase of construction. Based on the submitted informati on, the surface water managenlent ponds adjacent to preserved wetlands meet the gradient criteria (BOR. Section 6.12) and do not negatively affect the existing hydroperiods. Best management practices for erosion control wi 11 be implemented during each phase of construction.

Future Development Area (705.82 acres) : The total appl icant-owned land area is 1.134 acres and consists of 248 acres of previously per~iiittedland and the 886 acres included within this application. There are a total of 83.32 acres of forested wetlands located with-in the area for future developnient (Exhibit 9). The remaining 69.58 acres of wetl ands are comprised of isolated forested systems scattered throughol~t the improved pastures. There are also 15.60 acres of isolated wetlands located within the two previously permitted tracts of land that were platted as preservation under tlieir respective applications; Flora Ridge (Application No. 971105-8) and Flora Lakes (Application No. 980601-2). and which are located within the DRI. The future activities anticipated by the DRI will result in 13.74 acres of total wetland impact (Exhibit 9). These wetland impacts are proposed to occur to the smaller isolated systems or wetlands that have been previously impacted from other development. The future roadway network has been designed to avoid and/or minimize wetland impacts wherever possible. The impact areas are limited to small isolated systems located with-in the upland pasture areas that have been ecologically degraded by cattle operations. Also Wetland 7 which is proposed for impact, has been previously irr~pactedby the construction of Osceola Parkway and is very degraded due to its small size and proximity to exi sti ng roadways. The future wetl and -impacts wi 11 be evaluated during each phase of construction, as necessary. The compensating mitigation wi 11 also be phased in relation to the impacts (Exhibit 10). The overall mitigation plan includes the preservation of on-site wetlands and their associated upland buffers as well as the purchase of credits from a mitigation bank. Hydroperiods of preserved wetl ands within the future development area wi 11 be assessed during each phase of construction. An average 25 foot upland buffer shall be provided 1andward of the preserved wetl ands . Secondary and Cumul ative Impacts Pursuant to Sections 4.2.7 and 4.2.8 of the Basis of Review, protective measures have been incorporated into the project design to prevent secondary and curnul ative impacts to the water resources. Speci fical ly. an environmental assessment has been reviewed for the entire DRI to address future wetland impacts associated with the development of the project. The proposed development plan has been designed to minimize wetland impacts. Impacts have been 1imi ted to smal ler isolated wetl ands. The larger contiguous wetl ands wi 11 be preserved under a conservation easement. The ponds within the current phase have been placed adjacent to the Shingle Creek upland buffers to further separate development from the preservation areas. Signs stating the conservation status of the preserved wetlands and uplands will be installed at the locations identified in Exhibits 2 and 3. The plans require all surface water runoff to be directed into the water ~iianagement system prior to discharging into wetlands. An average 25 foot upland buffer wi 11 be provided adjacent to wetlands to prevent future encroachment into these protected areas. The project a1 so includes protective measures to prevent impacts to wetland dependent species. Such measures include the preservation of wetlands and uplands with-in the project boundaries. These areas wi 11 be placed under a conservation easement. When considered in combination with other simi lar projects, which wi11 be required to incorporate simi 1ar protective measures in their project design, the Weston Reserve development wi 11 not result in secondary or cumulative impacts to the water quality or functions of wetlands or other surface waters within the same drainage basin. Specifically, a review of aerial imagery indicates that the loss of similarly situated small isolated wetlands in conjunction with preservation and management of a proportionate amount of larger, contigous wetlands, wi11 not result in unacceptable adverse cumulative impacts to this basin.

MITIGATION MONITORING:

Construction and Operation Area (180.18 acres) : No wetland impacts are proposed within this phase. A1 1 wetlands located within the subject boundaries shall be preserved. Wet1 and 13 (5.63 acres) and the Shingle Creek wetlands (59.15 acres) are proposed for preservation and will be placed under a conservation easement (Exhibits 12 and 13) as part of this phase of construction. A total of 8.39 forested credits will also be purchased from American Equities (aka Reedy Creek Mitigation Bank) (SFWMD Permit No. 53-00002-M) within 60 days of this permit's approval. Compensating mitigation via the preservation of wetl ands under a conservation easement and the purcahse of bank credits will be applied to future wetland impacts.

Future Devel opment Area (705.82 acres) : A total of 13.74 acres of wetland impacts are proposed in the Weston Reserve project (Exhibit 9) as identified within the DRI. The wetland impacts occur to small isolated systems that have been ecologically degraded by surrounding agricultural activities. These systems provide minimal wildlife habitat and have been impacted by active cattle grazing. The mitigation plan includes the on-site preservation of the remaining wetl ands . The mitigation plan a1 so includes the purchase of 8.39 credits from American Equities (aka Reedy Creek Mitigation Bank) (SFWMD ERP Permit No. 53-00002-MI. These credits shall be purchased within 60 days of this permit's approval (Exhibit 14). Overall, a total of 134.36 acres of forested wetlands wi 11 be preserved within the overall mitigation plan of which 64.78 acres will be placed under a conservation easement during this phase of construction. An additional 15.60 acres of forested wetlands which were included in the two previously permitted tracts of lands will also be placed under a conservation easement. The total on-site wetland and upland buffer mitigation plan includes large, is01ated forested systems as we1 1 as a 59.15 acre tract of Shingle Creek and its floodplain wetlands. This tract of Shingle Creek is contiguous to other Save Our River Lands and is also contiguous to preservation lands actively managed by Osceola County. The conservation easement over these 1ands wi 11 be dedicated to Osceola County in an attempt to continue large-scale land management activities within this Shingle Creek area. The preservation of Shingle Creek and the larger on-site wetlands will provide an ecological corridor and wildlife habitat 1inking the northern and southern portions of the creek.

WETLAND INVENTORY NOTE : There are a total of 134.36 acres of wetlands located within the Weston Reserve project. A total of 64.78 acres will be placed under a conservation easement within this phase and the remaining 69.58 acres of wetlands will be w preserved and placed under a conservation easement within future phases of construction. In addition to the wetl ands within the Weston Reserve project. 15.60 acres of wetl ands within previously permitted developments that are adjacent to Weston Reserve wi 11 be placed under a conservation easement within future phases of development. This acreage is not part of the overall Weston Reserve project.

WETLAND INVENTORY : NEW ENTIRE PRJ-WESTON RESERVE FUTURE PHASES OF DEVELOPMENT ONSITE

Pre-Devel opment Post - Devel opment

101AL RESTORt U/ EXISTING PRESERVED UNDISTURBED IMPACTED EhlHANCED CREATED FORESTED 83.32 69.58 0 13.74 0 0

TOTALS 83.32 69.58 0 13.74 0 0 UPLAND COMP: PRESERVED: N/A ENHANCED : N/A

WETLAND INVENTORY : NEW PHASE-WESTON RESERVE CONS'TRUCTION AND OPERATION

Pre-Devel opment Post-Devel opment

TOTAL RtS I OREDI EXISTING PRESERVED UNDISTURBED IMPACTED ENHANCED CREATED FORESTED 64.78 64.78 0 0 0 0

TOTALS 64.78 64.78 0 0 0 0

LIPLAND COMP: PRESERVED: N/A ENHANCED:

'w WETLAND INVENTORY : NEW ENTIRE PRJ-WESTON RESERVE-PREVIOUSLY PERMITrED PRESERVATION ONS ITE

Pre-Devel opment 1 I Post- Development TOTAL RtSTORtDI EXISTING PRESERVED UNDISTURBED IMPACTED ENHANCED CREATED FORESTED 15.6 11 15.6 0 0 0 0

TOTALS 15.6 15.6 0 0 0 0

UPLAND COMP: PRESERVED: N/A ENHANCED: N/A

WETLAND INVENTORY: NEW PHASE-WESTON RESERVE OFF-SITE MITIGATION OFFSITE

Pre-Devel opment Post -Devel opment TOTAL KtSl ORtDI EXISTING PRESERVED UNDISTURBED IMPACTED ENHANCED CREATED

TOTALS 0 0 0 0 0 0

UPLAND COMP: PRESERVED: N/A ENHANCED: N/A OTHER COMPENSATION

MITIGATION BANK: REGIONAL OFFSITE MITIGATION : NAME: AMERICAN EQUITIES AREA : N/A CREDITS USED: 8.39 AMOUNT CONTRIBUTED:

ENVIRONMENTAL SLIMMARY: This appl ication requests authorization for construction 1eve1 approval for a ICY 180.18 acre single-family residential development with 705.82 acres of future development. Due to the location of existing wetl ands and the required project design, 13.74 acres of wetland impact are necessary. The wetland impacts have been 111-ini~iiizedwhere feasible and the impacts occur to the smal ler, degraded and isolated wetlands located in the center of lupland pastures. Mitigation for the proposed wetl and impacts wi 11 be conducted primari ly within the project boundaries through the preservation of on-si te wetl ands and up1 and buffers. In addition to the on-site mitigation. 8.39 forested credits will be purchased from American Equities (aka Reedy Creek Mitigation Bank) (Exhibit 14). The proposed mitigation plan will provide a wildlife corridor which is contiguous to Shingle Creek to the north and south of the project. Overall , a total of 134.36 acres of forested wetlands will be preserved within the overall mitigation plan of which 64.78 acres will be placed under a conservation easeliient during Phase I activities. The remaining 69.58 acres of on-site wetlands will be preserved within future phases of construction. An additional 15.60 acres of forested wetlands which were included in the two previously permitted tracts of lands will also be placed under a conservation easement. Therefore, a total of 85.18 acres of wetlands wi 11 be placed under a conservation easement corresponding to future phases of development (Exhibit 10).

No 1i sted species were documented within the project boundaries, but Shi ngl e Creek and the larger isolated wetlands provide foraging habitat for a variety of wading birds. 'The on-site wetlands and uplands proposed for preservation wi 11 continue to provide foraging habitat for wetland-dependent species. The proposed activities have been eva 1uated for potentia1 secondary and cumulative impacts and to determine if the project is contrary to the public interest. Based upon the proposed project design, the District has determined that the project will not cause adverse secondary or cumulative impacts to the water resources and is not contrary to the pub1 ic interest. Overall, the proposed mitigation plan adequately offsets the proposed wetl and impacts. The on-site preservation of land in conjunction with the purchase of credits from a mitigation bank, will provide long-term ecologically sustainable mitigation.

SYSTEM OPERATION : Homeowners Association

PROPOSED LAND USE(S) : Residential WATER USE PERMIT STATUS: A Water Use permit is not required for this project at this time.

DRI STA1US: This project is part of the Flora Ridge DRI (SFWMD ID No. 00-437). The Development Order for this DRI was issued by the City of Kissimmee on October 3. 2000.

SAVE OUR RIVERS: The project contains 59.15 acres of Shingle Creek and its associated floodplain wetlands. The Shingle Creek wetlands are adjacent to lands under consideration by the Save Our Rivers program. The Shingle Creek wetlands and adjacent upland buffers will be placed under a conservation easement. Due to access issues, the easement will be dedicated to Osceola County who is currently managing adjacent 1ands .

SWIM BASIN: The project is not within nor does it discharge directly to a designated SWIM basin.

RIGHT-OF-WAY PERMIT STATUS: A Right-of-way Permit is not required for this project.

ENFORCEMENT ACTIVITY: There has been no enforcement activity associated with this application.

TH IRD PARTY INTEREST : No third party has contacted the District with concerns about this application.

WELL FIELD ZONE OF INFLUENCE: The project is not located within the zone of -influence of a we1 lfield. V. APPLICABLE LAND AREA The 248.0 acres 1isted as PREVIOUSLY PERMIITED includes the Eagle's Reserve (permitted as Flora Ridge) and Stonefield (pernii tted as Flora Lakes) devel opments . 'The 180.18 acres listed as THIS PHASE includes the proposed 115.40 acres of singl e-fami ly residenti a1 development , as we1 1 as 64.78 acres of preserved areas within the total appl icant-owned site.

PROJECT TOTAL PREVIOUSLY PROJECT PERMIllED THIS PHASE TOTAL ACRES 1134.00 248.00 180.18 acres WTRM ACREAGE 33.72 23.08 10.64 acres PAVEMENT 51.52 34.00 17.52 acres BUILD COVERAGE 64.65 44.29 20.36 acres NUMBER OF llNTTS 992.00 656.00 336.00 units PRESERVED 80.39 15.61 64.78 acres PERVIOUS 903.72 131.02 66.88 acres VI. STAFF RECOMMENDATION The Staff recommends that the following be issued: W Authorization of a modification for the construction and operation of a surface water management system to serve a 115.40-acre single-fami ly residential development. the preservation of 64.78 acres, with impacts to 13.74 acres of wetlands within the 705.18 acres of adjacent applicant- owned undevel oped area . Based on the information provided. District rules have been adhered to.

Staff recorr~mendationis for approval subject to the attached General and Special Conditions.

VII. STAFF REVIEW

NATURAL RESOURCE MANAGEMENT DEPARTMENT APPROVAL

DEPARTMENT DIRECTOR : , DATE: :J7/~

SURFACE WATER MANAGEMENT DEPARTMENT APPROVAL GENERAL CONDITIONS

1. ALL ACTIVITIES ALITHORIZED BY THIS PERMIT SHALL BE IMPLEMENTED AS SET FORTH w IN THE PLANS, SPECIFICATIONS AND PERFORMANCE CRITERIA AS APPROVED BY THIS PERMIT. ANY DEVIATION FROM THE PERMITrED ACTIVITY AND THE CONDITIONS FOR UNDERTAKING THAT ACTIVITY SHALL CONSTITUTE A VIOLATION OF THIS PERMIT AND PART IV. CHAPTER 373, F. S. 2. THIS PERMIT OR A COPY THEREOF. COMPLETE WITH ALL CONDITIONS. ATTACHMENTS, EXHIBITS. AND MODIFICATIONS SHALL BE KEPT AT THE WORK SITE OF THE PERMITrED ACTIVITY. THE COMPLETE PERMIT SHALL BE AVAILABLE FOR REVIEW AT THE WORK SITE UPON REQUEST BY THE DISTRICT STAFF. THE PERMITrEE SHALL REQUIRE THE CON'rRACTOR TO REVIEW 'THE COMPLETE PERMIT PRIOR TO COMMENCEMENT OF THE ACTIVITY AUTHORIZED BY THIS PERMIT. 3. ACTIVITIES APPROVED BY THIS PERMIT SHALL BE CONDUCTED IN A MANNER WHICH DOES NOT CAUSE VIOLATIONS OF STATE WATER QUALITY STANDARDS. THE PERMITTEE SHALL IMPLEMENT BEST MANAGEMENT PRACTICES FOR EROSION AND POLLLITION CONTROL TO PREVENT VIOLATION OF STATE WATER QUALITY STANDARDS. TEMPORARY EROSION CONTROL SHALL BE IMPLEMENTED PRIOR TO AND DURING CONSTRUCTION. AND PERMANENT CONTROL MEASURES SHALL BE COMPLETED WITHIN 7 DAYS OF ANY CONSTRUCTION ACTIVITY. TURBIDITY BARRIERS SHALL BE INSTALLED AND MAINTAINED AT ALL LOCATIONS WHERE THE POSSIBILITY OF TRANSFERRING SUSPENDED SOLIDS INTO THE RECEIVING WATERBODY EXISTS DUE TO 'THE PERMITTED WORK. TURBIDITY BARRIERS SHALL REMAIN IN PLACE AT ALL LOCATIONS UNTIL CONSTRUCTION IS COMPLETED AND SOILS ARE STABILIZED AND VEGETATION HAS BEEN ESTABLISHED. ALL PRACTICES SHALL BE IIV ACCORDANCE WITH THE GUIDELINES AND SPEC1FICATIONS DESCRIBED IN CHAPTER 6 OF THE FLORIDA LAND DEVELOPMENT 'w MANUAL; A GUIDE TO SOUND LAND AND WATER MANAGEMENT (DEPARTMENT OF ENVIRONMENTAL REGULATION, 1988). INCORPORATED BY REFERENCE IIV RLILE 40E- 4.091, F .A.C. UNLESS A PROJECT-SPECIFIC EROSION AND SEDIMENT CONTROL PLAN IS APPROVED AS PART OF THE PERMIT. THEREAFTER THE PERMITTEE SHALL BE RESPONSIBLE FOR THE REMOVAL OF THE BARRIERS. THE PERMITTEE SHALL CORRECT ANY EROSION OR SHOALING THAT CAUSES ADVERSE IMPACTS TO THE WATER RESOURCES. 4. THE PERMITrEE SHALL NOTIFY THE DISTRICT OF THE ANTICIPATED CONSTRUCTION START DATE WITHIN 30 DAYS OF THE DATE THAT THIS PERMIT IS ISSUED. AT LEAST 48 HOURS PRIOR TO COMMENCEMENT OF ACTIVITY AUTHORIZED BY THIS PERMIT. THE PERMITTEE SHALL SLIBMIT TO THE DISTRICT AN ENVIRONMENTAL RESOURCE PERMIT CONSTRUCTION COMMENCEMENT NOTICE FORM NO. 0960 INDICATING THE ACTUAL START DATE AND THE EXPECTED COMPLETION DATE. 5. WHEN THE DURATION OF CONSTRUCTION WILL EXCEED ONE YEAR. THE PERMITTEE SHALL SUBMIT CONSTRUCTION STATUS REPORTS TO THE DISTRICT ON AN ANNUAL BASIS UTILIZING AN ANNUAL STATUS REPORT FORM. STATUS REPORT FORMS SHALL BE SUBMITrED THE FOLLOWING JUNE OF EACH YEAR. 6. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE PERMITTED ACTIVITY, THE PERMITTEE SHALL SLIBMIT A WRITTEN STATEMENT OF COPIPLETION AND CERTIFICATION BY A REGISTERED PROFESSIONAL ENGINEER OR OTHER APPROPRIATE INDIVIDUAL AS AUTHORIZED BY LAW, UTILIZING THE SLIPPLI ED EIVVIRONMEIVTAL RESOWRCE PERMIT CONSTRUCTION COMPLETION/CONSTRUCTION CERTI F ICATION FORM N0.0881. THE STATEMENT OF COMPLETION AND CERTIFICATION SHALL BE BASED ON ONSITE OBSERVATION OF CONSTRUCTION OR REVIEW OF ASBUILT DRAWINGS FOR THE I) PURPOSE OF DETERMINING IF THE WORK WAS COMPLETED IN COMPLIANCE WITH PERMITrED PLANS AND SPEC:[FICATIONS. THIS SUBMITAL SHALL SERVE TO NOTIFY 'THE DISTRICT THAT THE SYSTEM IS READY FOR INSPECTIOIV. ADDITIONALLY. IF DEVIATION FROM THE APPROVED DRAWINGS ARE DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST BE ACCOPIPANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED. BOTH THE ORIGINAL AND REVISED SPECIFICATIONS MUST BE CLEARLY SHOWN. THE PLANS MUST BE CLEARLY LABELED AS "ASBUILT" OR "RECORD" DRAWING. ALL SURVEYED DIMENSIONS AND ELEVATIONS SHALL BE CERTIFIED BY A REGISTERED SURVEYOR. 7. THE OPERATION PHASE OF THIS PERIYIT SHALL NOT BECOME EFFECTIVE: UNTIL THE PERMITEE HAS COMPLIED WITH THE REQUIREMENTS OF CONDITION (6) ABOVE. HAS SUBMInED A REQUEST FOR CONVERSION OF ENVIRONMENTAL RESOURCE PERMIT FROM CONSTRUCTION PHASE TO OPERATION PHASE. FORM NO. 0920 ; THE DISTRICT DETERMINES THE SYSTEM TO BE IN COMPLIANCE WITH THE PERMITTED PLANS AND SPECIFICATIONS; AND THE ENTITY APPROVED BY THE DISTRICT IN ACCORDANCE WITH SECTIONS 9.0 AND 10.0 OF THE BASIS OF REVIEW FOR ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS WITHIN THE SOWTH FLORIDA WATER MANAGEMENT DISTRICT - AUGUST 1995. ACCEPTS RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF THE SYSTEM. THE PERMIT SHALL NOT BE TRANSFERRED TO SUCH APPROVED OPERATION AND MAINTENANCE ENTITY UNTIL THE OPERATION PHASE OF THE PERMIT BECOMES EFFECTIVE. FOLLOWING INSPECTION AND APPROVAL CIF THE PERMITTED SYSTEM BY THE DISTRICT. THE PERMITTEE SHALL INITIATE TRANSFER OF THE PERMIT TO THE APPROVED RESPONSIBLE OPERATING ENTITY IF DIFFERENT FROM THE PERMITTEE. UNTIL THE PERMIT IS TRANSFERRED PURSUANT TO SECTION 40E-1.6107. F .A. C. W THE PERMITrEE SHALL BE LIABLE FOR COMPLIANCE WITH THE TERMS OF THE PERMIT. 8. EACH PHASE OR INDEPENDENT PORTION OF THE PERMITrED SYSTEM MUST BE COMPLETED IN ACCORDANCE WITH THE PERMITTED PLANS AND PERMIT CONDITIONS PRIOR TO THE INITIATION OF THE PERMITrED USE OF SITE INFRASTRUCTURE LOCATED WITHIN THE AREA SERVED BY THAT PORTION OR PHASE OF 'THE SYSTEM. EACH PHASE OR INDEPENDENT PORTION OF THE SYSTEM MUST BE COMPLETED IN ACCORDANCE WITH THE PERMITED PLANS AND PERMIT CONDITIONS PRIOR TO TRAIVSFER OF RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF THE PHASE OR PORTION OF THE SYSTEM TO A LOCAL GOVERNMENT OR OTHER RESPONSIBLE ENTITY. 9. FOR THOSE SYSTEMS THAT WILL BE OPERATED OR MAINTAINED BY AN ENTITY THAT WILL REQUIRE AN EASEMENT OR DEED RESTRICTION IN ORDER TO ENABLE THAT ENTITY TO OPERATE OR MAINTAIN THE SYSTEM IN CONFORMANCE WITH THIS PERMIT, SUCH EASEMENT OR DEED RESTRICTION MUST BE RECORDED IN THE PUBLIC RECORDS AND SLIBMITTED TO THE DISTRICT ALONG WITH ANY OTHER FINAL OPERATION AND MAINTENANCE DOCUMEIVTS REQUIRED BY SECTIONS 9.0 AND 10.0 OF THE BASIS OF REVIEW FOR ENVIRONMENTAL RESOWRCE PERMIT APPLICATIONS WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT - AUGUST 1995. PRIOR TO LOT OR UNIT SALES OR PRIOR TO THE COMPLETION OF THE SYSTEM. WHICHEVER OCCURS FIRST. OTHER DOCUMENTS CONCERNING THE ESTABLISHMENT AND AUTHORITY OF THE OPERATING ENTITY MUST BE FILED WITH THE SECRETARY OF STATE WHERE APPROPRIATE. FOR THOSE SYSTEMS WHICH ARE PROPOSED TO BE MAINTAINED BY THE COUNTY OR MLINICIPAL ENTITIES. FINAL OPERATION AND MAINTENANCE DOCLIMENTS MUST BE RECEIVED BY THE DISTRICT WHEN MAINTENANCE AND OPERATION OF THE w SYSTEM IS ACCEPTED BY THE LOCAL GOVERNMENT ENTITY. FAILLIRE TO SUBMIT THE APPROPRIATE FINAL DOCUMENTS WILL RESULT IN THE PERMITTEE REMAINING LIABLE FOR CARRYING OUT MAINTENANCE AND OPERATION OF THE PERMITTED SYSTEM AND ANY OTHER PERMIT CONDITIONS. 10. SHOULD ANY OTHER REGULATORY AGENCY REQUIRE CHANGES TO THE PERMITTED SYSTEM, THE PERMITTEE SHALL NOTIFY THE DISTRICT IN WRITING OF THE CHANGES PRIOR TO IMPLEMENTATION SO THAT A DETERMINATION CAN BE MADE WHETHER A PERMIT MODIFICATION IS REQUIRED. THIS PERMIT DOES NOT ELIMINATE THE NECESSITY TO OBTAIN ANY REQUIRED FEDERAL, STATE. LOCAL AND SPECIAL DISTRICT AUTHORIZATIONS PRIOR TO THE START OF ANY ACTIVITY APPROVED BY THIS PERMIT. THIS PERMIT DOES NOT CONVEY TO THE PERMITTEE OR CREATE IN THE PERMITrEE ANY PROPERTY RIGHT. OR ANY INTEREST IN REAL PROPERTY. NOR DOES IT AUTHORIZE ANY ENTRANCE UPON OR ACTIVITIES ON PROPERTY WHICH IS NOT OWNED OR CONTROLLED BY THE PERMITTEE. OR CONVEY ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4 OR CHAPTER 40E-40. F.A.C. 12. THE PERMITTEE IS HEREBY ADVISED THAT SECTION 253.77, F. S. STATES THAT A PERSON MAY NOT COMMENCE ANY EXCAVATION. CONSTRUCTION, OR OTHER ACTIVITY INVOLVING THE USE OF SOVEREIGN OR OTHER LANDS OF THE STATE. THE TITLE TO WHICH IS VESTED IN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FLIND WITHOUT OBTAINING THE REQUIRED LEASE. LICENSE. EASEMENT, OR OTHER FORM OF CONSENT AUTHORIZING THE PROPOSED USE. THEREFORE. THE PERMITTEE IS 'u RESPONSIBLE FOR OBTAINING ANY NECESSARY AUTHORIZATIONS FROM THE BOARD OF TRUSTEES PRIOR TO COMMENCING ACTIVITY ON SOVEREIGNTY LANDS OR OTHER STATE- OWNED LANDS. 13. THE PERMITTEE MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION DEWATERING, LINLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUAIVT TO SUBSECTION 40E-20.302(4), F.A.C. . ALSO KNOWN AS THE "NO NOTICE" RULE. 14. THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES. CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION. ALTERATION. OPERATION. MAINTENANCE. REMOVAL. ABANDONMENT OR USE OF ANY SYSTEM AUTHORIZED BY THE PERMIT. 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 SECTION 373.421(2). F.S.. PROVIDES OTHERWISE. 16. THE PERMITTEE SHALL NOTIFY THE DISTRICT IN WRITIIVG WITHIN 30 DAYS OF AlVY SALE, CONVEYANCE. OR OTHER TRANSFER OF OWNERSHIP OR CONTROL OF A PERMIllED SYSTEM OR THE REAL PRCIPERTY ON WHICH THE PERMITTED SYSTEM IS LOCATED. ALL TRANSFERS OF OWNERSHIP OR TRANSFERS OF A PERMIT ARE SUBJECT TO THE REQUIREMENTS OF RULES 40E-1.6105 AND 40E-1.6107. F.A.C. THE PERMITTEE TRANSFERRING THE PERMIT SHALL REMAIN LIABLE FOR CORRECTIVE ACTIONS THAT MAY BE REQUIRED AS A RESULT OF ANY VIOLATIONS PRIOR TO THE SALE. CONVEYANCE OR OTHER TRANSFER OF THE SYSTEM. 17. UPON REASONABLE NOTICE TO THE PERMITTEE. DISTRICT AUTHORIZED STAFF WITH PROPER IDENTIFICATION SHALL HAVE PERMISSION TO ENTER. INSPECT, SAMPLE AND TEST THE SYSTEM TO INSURE CONFORMITY WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE PERMIT. 18. IF HISTORICAL OR ARCHAEOLOGICAL ARTIFACTS ARE DISCOVERED AT ANY TIME ON THE PROJECT SITE. THE PERMITrEE SHALL IMMEDIATELY NOTIFY THE APPROPRIATE DISTRICT SERVICE CENTER. 19. THE PERMITTEE SHALL IMMEDIATELY NOTIFY THE DISTRICT IN WRITING OF ANY PREVIOUSLY SUBMITTED INFORMATION THAT IS LATER DISCOVERED TO BE INACCURATE . '> SPECIAL CONDITIONS

1. MINIMUM BUILDING FLOOR ELEVATION: BASIN: POND 1 - 80.38 FEET NGVD. w BASIN: PONDS 213 - 79.03 FEET NGVD.

2. MINIMUM ROAD CROWN ELEVATION: BASIN: POND 1 - 78..22 FEET NGVD. BASIN: PONDS 213 - 74.76 FEET NGVD.

3. DISCHARGE FACILITIES: BASIN: POND 1: 1-45 DEG. V-NOTCH WITH INVERT AT ELEV. 77' NGVD. 350 LF OF 2.5' DIA. RCP CULVERT. 1-3.08' W X 4.08' L DROP INLET WITH CREST AT ELEV. 77.95' NGVD.

RECEIVING BODY : PONDS 213

CONTROL ELEV : 77 FEET NGVD BASIN: PONDS 2/3, STRUCTURE NO. 1: 1-1' WIDE SHARP CRESTED WEIR WITH CREST AT ELEV. 73.82' NGVD. 1-60 DEG. V-NOTCH WITH INVERT AT ELEV. 73' NGVD. 50 LF OF 3' DIA. RCP CULVERT. 1-3' W X 6.58' L DROP INLET WITH CREST AT ELEV. 76.2' NGVD.

RECEIVING BODY : SHINGLE CREEK

CONTROL ELEV : 73 FEET NGVD. BASIN: PONDS 2/3. STRUCTURE NO. 2: 1- .83' WIDE SHARP CRESTED WEIR WITH CREST AT ELEV. 73.82' NGVD. 1-60 DEG. V-NOTCH WITH INVERT AT ELEV. 73' NGVD. 50 LF OF 3' DIA. RCP CULVERT. 1-3' W X 6.58' L DROP INLET WITH CREST AT ELEV. 75.8' NGVD.

RECEIVING BODY : SHINGLE CREEK

CCINTROL ELEV : 73 FEET NGVD. BASIN: PONDS 2/3, S'rRUCTlIRE NO. 3:

1- .83 ' WIDE SHARP CRESTED WEIR WITH CREST AT ELEV . 73.82 ' NGVD. 1-60 DEG. V-NOTCH WITH INVERT AT ELEV. 73' NGVD. 50 LF OF 3' DIA. RCP CULVERT. 1-3' W X 6.58' L DROP INLET WITH CREST AT ELEV. 75.8' NGVD.

RECEIVIIVG BODY : SHINGLE CREEK CONTROL ELEV : 73 FEET NGVD THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM.

MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER. THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY. LAKE SIDE SLOPES SHALL BE NO STEEPER THAN 4:l (HORIZ0NTAL:VERTICAL) TO A DEPTH OF TWO FEET BELOW 'THE CONTROL ELEVATION. SIDE SLOPES SHALL BE TOP SOILED AND STABILIZED THROUGH SEEDING OR PLANTING FROM 2 FEET BELOW TO 1 FOOT ABOVE THE CONTROL ELEVATION TO PROMOTE VEGETATIVE GROWTH. FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CCINSTRUCTED WI'THOUT AN APPROVED MODIFICATION OF THIS PERMIT. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF HOMEOWNERS ASSOCIATION. THE PERMITTEE SHALL SUBMIT A COPY OF THE RECORDED DEED RESTRICTIONS (OR DECLARATION OF CONDOMINILIM, IF APPLICABLE), A COPY OF THE FILED ARTICLES OF INCORPORATION. AND A COPY OF THE CERTIFICATE OF INCORPORATION FOR THE HOMEOWNERS ASSOCIATION CONCURRENT WITH THE ENGINEERING CERTIFICATION OF CONSTRUCTION COMPLETION. W SILT SCREENS, HAY BALES OR OTHER SUCH SEDIMENT CONTROL MEASURES SHALL BE UTILIZED DURING CONSTRUCTION. THE SELECTED SEDIMENT CONTROL MEASURES SHALL BE INSTALLED LANDWARD OF THE UPLAND BLIFFER ZONES AROllND ALL PROTECTED WETLANDS. ALL AREAS SHALL BE STABILIZED AND VEGETATED IMMEDIATELY AFTER CONSTRUCTION TO PREVENT EROSION INTO THE WETLANDS AND UPLAND BUFFER ZONES. PERMANENT PHYSICAL MARKERS DESIGNATING THE PRESERVE STATUS OF THE WETLAND PRESERVATICIN AREAS AND BLIFFER ZONES SHALL BE PLACED AT THE INTERSECTION OF THE BUFFER AND EACH LOT LINE. THESE MARKERS SHALL BE MAINTAINED IN PERPETUITY. THE SFWMD RESERVES 'THE RIGHT TO REQUIRE REMEDIAL MEASURES TO BE TAKEN BY THE PERMITTEE IF WETLAND AND/OR UPLAND MONITORING OR OTHER INFCIRMATION DEMONSTRATES THAT ADVERSE IMPACTS TO PROTECTED. CONSERVED. INCORPORATED OR MITIGATED WETLANDS OR UPLANDS HAVE OCCURRED DUE TO PROJECT RELATED ACTIVITIES. ANY FUTLIRE CHANGES IN LAND USE OR TREATMEIVT OF WETLANDS AIVDIOR UPLAND BUFFER/COMPENSATION AREAS MAY REQUIRE A SURFACE WATER MANAGEMENT PERMIT MODIFICATION AND ADDITIONAL ENVIRONMENTAL REVIEW BY DISTRICT STAFF. PRIOR TO THE PERMITTEE INSTITUTING ANY FUTURE CHANGES NOT AUTHORIZED BY 'THIS PERMIT. THE PERMITEE SHALL NOTIFY THE SFWMD OF SUCH INTENTIONS FOR A DETERMI NATION OF ANY NECESSARY PERMIT MOD1 FICATIONS . 'w 14. EACH APPLICATION FOR CONSTRUCTION OF FUTURE PHASES OF THE PERMIT SHALL BE ACCOMPANIED BY AN UPDATED SUMMARY AND MAP WHICH SHOWS THE LOCATION AND ACREAGE OF THE WETLAND(S) IMPACTED TO DATE. AND THE EXISTING MITIGATION AREAS FOR THE ENTIRE PROJECT. 15. A WETLAND IYONITORIIVG PROGRAM SHALL BE IMPLEMENTED WITHIN THE PROTECTED WETLANDS AND UPLANDS AND DETENTION AREAS. MONITORING SHALL BE CONDUCTED IN ACCORDANCE WITH EXHIBIT(S) 11 AND SHALL INCLUDE ANNUAL REPORTS SUBMITTED TO THE SFWMD FOR REVIEW. MONITORING SHALL CONTINUE FOR A PERIOD OF 5 YEARS. 16. WETLAND PRESERVATION/MITIGATION AREAS, UPLAND BUFFER ZONES AND/OR UPLAND PRESERVATION AREAS SHALL BE DEDICATED AS CONSERVATION AND COMMON AREAS IN THE CONSERVATION EASEMENTS AND DEED RESTRICTIONS AS WELL AS ON THE PLAT IF THE PROJECT WILL BE PLATTED. RESTRICTIONS FOR USE OF THE CONSERVATIONICOPlMON AREAS SHALL ST1PULATE : THE WETLAND PRESERVATION/MITIGATION AREAS, UPLAND BUFFER ZONES, AND/OR LIPLAND PRESERVATION AREAS ARE HEREBY DEDICATED AS CONSERVATION AND COMMON AREAS. THE CONSERVATION/COMMON AREAS SHALL BE THE PERPETUAL RESPONSIBILITY OF HOMEOWNERS ASSOCIATION AND MAY IN NO WAY BE ALTERED FROM THEIR NATURAL STATE AS DOCUMENTED IN EXHIBIT 11, WITH THE EXCEPTION OF PERMITTED RESTORATION ACTIVITIES. ACTIVITIES PROHIBITED WITHIN THE CONSERVATION AREAS INCLUDE, BUT ARE NOT LIMITED TO: CONSTRUCTION OR IC PLACING SOIL OR OTHER SllBSTANCES SUCH AS TRASH REMOVAL OR DESTRUCTION OF TREES. SHRUBS. OR OTHER VEGETATION - WITH 'THE EXCEPTION OF EXOTICINLIISANCE VEGETATION REMOVAL ; EXCAVATION, DREDGING, OR REMOVAL OF SOIL MATERIAL ; DIKING OR FENCING; AND ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE, FLOOD CCINTRCIL . WATER CONSERVATION, EROSION CONTROL. OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. COPIES OF RECORDED DOCUMENTS SHALL BE SUBMITED CONCLIRRENT WITH ENGINEERING CERTIFICATION OF CONSTRUCTION COMPLETION. 17. (A) NO LATER THAN JUNE 12. 2001. 'THE PERMInEE SHALL SUBMIT FOR REVIEW AND APPROVAL, TWO (2) COPIES OF THE FOLLOWING:

1. PROJECT MAP IDENTIFYING CONSERVATION AREA(S). . 2. LEGAL DESCRIPTION OF CONSERVATION AREA(S) 3. SIGNED CONSERVATION EASEMENT 4. SEALED BOUNDARY SURVEY OF CONSERVATION AREA( S) BY PROFESSIONAL LAND SURVEYOR 5. TITLE INSURANCE COMMITMENT FOR CONSERVATION EASEMENT NAMING DISTRICT AS BENEFICIARY US1NG APPROVED VALUATION THE ABOVE INFORMATION SHALL BE SUBMInED TO THE NATURAL RESOURCE MANAGEMENT POST PERMIT COMPLIANCE STAFF IN THE DISTRICT SERVICE CEIVTER WHERE THE APPLICATION WAS SUBMInED. B) THE REAL ESTATE INFORMATION REFERENCED IN PARAGRAPH (A) ABOVE SHALL BE -1 REVIEWED BY THE DISTRICT IN ACCORDANCE WITH THE DISTRICT'S REAL ESTATE REVIEW REQUIREMENTS INCORPORATED HEREIN BY REFERENCE. THE EASEMENT SHOULD NOT BE RECORDED UNTIL SUCH APPROVAL IS RECEIVED.

(C) THE PERMITTEE SHALL RECORD A CONSERVATION EASEMENT(S) OVER THE REAL PROPERTY DESIGNATED AS A CONSERVATION I PRESERVATION I MITIGATION AREA(S) ON ATTACHED EXHIBIT 9. THE EASEMENT SHALL BE GRANTED FREE OF ENCUMBRANCES OR INTERESTS WHICH THE DISTRICT DETERMINES ARE CONTRARY TO THE IIVTENT OF THE EASEMENT. THE CONSERVATION EASEMENT SHALL BE GRANTED TO THE DISTRICT USING THE APPROVED FORM A-TTACHED HERETO AS EXHIBIT 12 AND 13. ANY PROPOSED MODIFICATIONS TO THE APPROVED FORM MUST RECEIVE PRIOR WRI-TTEN CONSENT FROM THE D IS'TRICT. D) THE PERMITTEE SHALL RECORD THE CONSERVATION EASEMENT IN 'THE PUBLIC RECORDS WITHIN 14 DAYS OF RECEIVING THE DISTRICT'S APPROVAL OF THE REAL ESTATE INFCIRMATION . UPON RECORDATION. THE PERMI-TTEE SHALL FORWARD THE ORIGINAL RECORDED EASEMENT. AND TITLE INSURANCE POLICY, TO THE NATURAL RESOURCE MANAGEMENT POST PERMIT COMPLIANCE STAFF IN 'THE DISTRICT SERVICE CENTER WHERE THE APPLICATION WAS SLIBMI-TTED. E) IN THE EVENT THE CONSERVATION EASEMENT REAL ESTATE INFORMATION REVEALS ENCUMBRANCES OR INTERESTS IN THE EASEMENT WHICH THE DISTRICT DETERMINES ARE CONTRARY TO THE INTENT OF THE EASEMENT, THE PERMI-TTEE SHALL BE REQUIRED TO PROVIDE RELEASE OR SUBORDINATION OF SUCH ENCUMBRANCES OR INTERESTS. IF SUCH ARE NOT OBTAINED, PERMI-TTEE SHALL BE REQUIRED TO APPLY FOR A MODIFICATION TO THE PERMIT FOR ALTERNATIVE ACCEPTABLE MITIGATION. -II 18. ACTIVITIES ASSOCIATED WITH IMPLEMENTATION OF THE WETLAND MITIGATION. MONITORING AND MAINTENANCE SHALL BE IN ACCORDANCE WITH THE FOLLOWING WORK SCHEDULE. ANY DEVIATION FROM THESE TIME FRAMES SHALL REQUIRE FORMAL SFWMD APPROVAL. SUCH REQUESTS MUST BE MADE IN WRITING AND SHALL INCLUDE (1) REASON FOR THE MOD1 FICATION ; (2) PROPOSED STARTIFINISH DATES ; AND (3) PROGRESS REPORT ON THE STATUS OF THE EXISTING MITIGATION EFFORTS. COMPLETION DATE ACTIVITY MAY 12, 2001 PHASE I BASELINE MONITORING REPORT JUNE 12, 2001 PROVIDE DOCUMENTATION OF CREDIT PURCHASE JUNE 12. 2001 SUBMI-TTAL OF CONSERVATION EASEMENT FOR PHASE 1 WETLANDS AND BUFFERS JUNE 12. 2001 INSTALL CONSERVATICIN MARKERS ALONG PHASE I WETLANDS AUGUST 30. 2002 PHASE I FIRST MONITORING REPORT AUGUST 30. 2002 PHASE I SECOND MONITORING REPORT AUGUST 30, 2003 PHASE I THIRD MONITORING REPORT AUGUST 30. 2004 PHASE I FOURTH MONITORING REPORT AUGUST 30. 2005 PHASE I FIFTH MONITORING REPORT 19. A MAINTENANCE PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBIT(S1 11 FOR THE PRESERVED WETLAND AREAS AND LIPLAND BUFFER ZONES ON 'A REGULAR BASIS TO ENSURE THE INTEGRITY AND VIABILITY OF THE CONSERVATION AREA(S) AS PERMITTED. MAINTENANCE SHALL BE CONDUCTED IN PERPETUITY TO ENSURE THAT L THE CONSERVATION AREAS ARE MAINTAINED FREE FROM EXOTIC VEGETATION (BRAZILIAN PEPPER. MELALEUCA, AND AUSTRALIAN PINE) AND THAT OTHER NUISANCE SPECIES SHALL CONSTITUTE NO MORE THAN 10% OF TOTAL COVER. 20. NO LATER THAN JUNE 12. 2001. THE PERMITTEE SHALL PROVIDE DOCLIMENTATION THAT THE AMERICAN EQUITIES MITIGATION BANK (AKA REEDY CREEK MITIGATION BANK) PERMIT (NO. 53-00002-M) HAS BEEN MODIFIED TO REFLECT THE DEDUCTION OF 8.39 FORESTED CREDITS FOR 'THE BENEFIT OF THIS SUBJECT PERMIT. 21. ISSUANCE OF THIS PERMIT DOES NOT AUTHORIZE ANY FILL WITHIN THE EXISTIIIG ONSITE WETLAND AREAS THAT ARE APPROVED TO BE IMPACTED WITHIN FLITLIRE PHASES OF CONSTRUCTION. A PERMIT MODIFICATION SHALL BE OBTAINED PRIOR TO ANY FILL WITHIN THE APPROVED WETLAND IMPACT AREAS. THE APPLICANT SHALL DEMONSTRATE SUFFICIENT BEST MANAGEMENT PRACTICES TO OFFSET ANY POTENTIAL ADVERSE IMPACTS DUE TO THE FILL AND SLIBSEQUENT LOSS OF ONSITE STORAGE VOLUME. IhESE DOCUMENTS AND THEIR CONTENTS ARE IrtE PROPER11 Of RON HOWSE. PA ANO ANY RCPRmUCllcf4S. REUSIONS. MODIFICATIMS OR US Of THEY DOCUMENTS MTHCUT THC CXPRESSEO WtlTTEN CONSENT I3 RON HOSE. PA IS PROHIBITED BY LAW Source: Kelley Properties; Pdte Homes Corporation Date: Revised &rill, 2000 mj&: Drawing: Figure 2 FLORA RIDGE MASTER DEVELOPMENT PLAN Map H

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MITIGATION SCHEDULE WESTON RESERVEIKELLY PROPERTIES

The schedule outlined below is based on an anticipated permit issuance date of April 12, 2001

PHASE I

Dedication of Shingle Creek Wetlands and Buffer Conservation Easement (59.15 acres) within 60 days of the issuance of permit for Weston Reserve, SFWMD application No. 00062 1-16

Estimated Date June 13, 200 1

Dedication of Wetlands 13 A and 13 B and Buffer (5.63 acres) Conservation Easement within 60 days of issuance of permit for Weston Reserve, SFWMD application No. 000621-16

Estimated Date June 13, 2001

Purchase of 8.386 credits fiom the Reedy Creek Mitigation Bank within 60 days of the issuance of permit for Weston Reserve, SFWMD application No. 000621 -1 6

Estimated Date June 13, 2001

PRASE I1

Dedication of the 85.18 acres of isolated wetlands and respective buffers remaining on the site within the area of the proposed Phase 11, within 18 months of the issuance of permit for Weston Reserve, SFWMD application No. 00062 1 - 16

Estimated Date October 1 I, 2002 Weston Reserve 'C Perpetual Maintenance Plan and Five-Year Monitoring Plan

The Maintenance Plan Shall consist of three components:

1. On-site review of the wetland conservation areas

2. Photographic documentation and supporting letter report regarding current site conditions and including maintenance recommendations

3. Execution of recommended maintenance activities subject the SFWMD approval of same

The on-site reviews will be completed as outlined below:

Initially, one photographic station will be established along the Shingle Creek Wetland and another station will be established at wetland 13-A and 13-B. Data collected shall be of a qualitative character documenting the general character and condition of the areas and the presence of any nuisance or exotic species within the conservation areas. Such site reviews shall be conducted annually, in June, with reports to be submitted within thirty days of completion of the site assessment.

Execution of recomnlendations regarding maintenance shall proceed at the discretion of the developer, with the understanding that nuisance and exotic species shall be maintained at predevelopment level; within the consenfation areas. For the purpose of these investigations, nuisance species shall include cattail, (Typha Spp.), primrose willow, Fudwigia peruviana), Brazilian Pepper (Schinus terebenthifolius), and Melaleuca (Melaleuca quinquene~a). w As the project proceeds and other on-site isolated wetlands are dedicated as conservation easements, these wetlands shall also be subject to the same criteria outlined above.

Maintenance activities employed to remove invasive and exotic species shaIl be provided by a qualified professional designated by the developer or the Homeowners Association. Maintenance methods shall involve minimal use of herbicides. To the greatest extent practicable, removal techniques should be directed at hand removal and cutting, and minor selective herbicide applications. Significant applications of herbicide should only occur in the event of severe infestations which cannot be efficiently addressed by other methods.

Site investigations and letter reports will be provided for each conservation area for a period of five years. Maintenance measures shall be administered during this period as needed. Subsequent to the completion of the five-year period, maintenance activities shall be conducted on an as needed basis for the life of the operating pennit of the project, and shall be the responsibility of the developer or may be delegated to the responsibility of the Homeowners Association. FEB 0 8 2001 omba / -/L ORLANDO SERVICE CENTER DEED OF CONSERVATION EASEMENT- Wet land 13A-13B w THIS DEED OF CONSERVATION EASEMENT is given this day of I -1 2001 by Kelley Properties

I (address) P-0. Box 423967, Kissimmee, FL 34742

("Grantor") to the South Florida Water Management Dist~ict("Grantee"). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee.

WHEREAS, the Grantor is the owner of certain lands situated in osceola County, Florida, and more specifically described in Exhibit A attached hereto and incorporated herein ("Property"); and

WHEREAS, the Grantor desires to construct (name of project) Weston Reserve ("Project") at a site in osceola County, which is subject to the regulatory jurisdiction of South Florida Water Management District ("District"); and

. . -WHEREAS, District Permit No. ("Permit") authorizes certain w .L, activities which affect waters in or of the State of Florida; and

WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or mitigate wetlands andlor uplands under the District's jurisdiction; and

WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (1 997), over the Property.

NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which sha.11 run with the land and be binding upon the Grantor, and shall remain in f~~~llforce and effect forever.

EXHIBIT I& Slandsrd form - January. 1998 The scope, nature, and character of this conservation easement shall be as follows:

'w - 1. It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agria~kuralor wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland andlor upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. -

To carry out this purpose, the following rights are conveyed to Grantee by this easement:

b. To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use.

2. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required by w the Permit, the following activities are prohibiedjn or on the Property: ~w' a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground;

b. Dumping or placing of soil or other substance or material as landfill, or durnping or placing of trash, waste, or unsightly or offensive materials;

c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan;

d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface;

e. Surface use except for purposes that permit the land or water area to remain in its natural condition: Smdard form - Januq. 1998 f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not ... limited to, ditching, diking and fencing;

g. Acts or uses detrimental to such aforementioned retention of land or water areas;

h. Acts or uses which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance.

3. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District rule, criteria, permit and the intent and purposes of this Conservation Easement.

4. No right of access by the general public to any portion of the Property is conveyed by this conservation easement.

5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property.

6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. / w --' 7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this conservation easement shall be borne by and recoverable against the nonprevailing party in such proceedings.

8. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder.

9. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws.

10. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. Smdard fomi - Jmuaty. 1998

1 1. Grantor shall insert the terms and restrictions of this conservation easement b??.. in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property.

12. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly-givenif sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest.

13. This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the public records in Osceola County.

Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all ena~mbrancesthat are inconsistent with the terms of this conservation easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever. w...;; L' IN WITNESS WH REOF, Gary Lee has hereunto set its authorized hand this 8i day of Ftbie;tciw

Signed, sealed and delivered Kelley Properties. I in our presence as witnesses: A Florida corporation

By: Print Name: Print Tile: General Manager

Print Name: Standard form - Januar).. 1998

STATE OF FLORIDA

) ss:

COUNTY OF

On this day of I before me, the undersigned notary public, personally appeared , personally known to me to be the person who subscribed to the foregoing instrument and did not take an oath, as the (position) , of (corporation) ,a Florida corporation, and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized to do so.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

NOTARY PUBLIC, STATE OF FLORIDA 4 L/

Print Name:

My Commission Expires:

South Florida Water Management District Legal Form Approved: SFWMD - January, 1998 s9DDITIOC\IAL INFORMATION ~0062/ -/L FEB 8 20QI Third Party Bulc Passive Form -June 1998 ORLANDO SERVICE CEMTTSR DEED OF CONSERVATION EASEMENT - for Shingle Creek

THIS DEED OF CONSERVATION EASEMENT is given this day

of 1- 2001 , by Kelley Properties -. (address) P.O. Box 423967,. Kissirnmee, FL 34742

("Grantor") to osceoia County ("Grantee') with third party enforcement rights to the South Florida Water Management District ("District"). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the 'Property" (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee.

WHEREAS, the Grantor is the owner of certain lands situated in osceola County, Florida, and more specifically described in Exhibit A attached hereto and incorporated herein ('Property'); and

WHEREAS, the Grantor desires to construct (name of project) Weston Reserve (.Projectu) at a site in osceola County, which is subject to the regulatory jurisdiction of the District; and w WHEREAS, District Permit No. ("Pennit") authorizes certain activities which affect surface waters in or of the State of Florida; and

WHEREAS, this Permit requires that the Grantor preserve andfor mitigate wetlands under the District's jurisdiction; and

WHEREAS, the Grantor has. developed -and proposed as part of the permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland andlor upland systems on the Property; and

WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to 'the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (1997), over the Property which includes third party enforcement rights for the District.

NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to the District in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of

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EXHIBIT 13a Third Puty Bene Pusivc Fonn -June 1998 which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which J. shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever.

The scope, nature, and character of this conservation easement shall be as follows:

1. It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain' such areas as suitable habitat for fish, plants or wildlife. Those wetland andfor upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit.

To cany out this purpose, the following rights are conveyed to Grantee and the District by this easement:

a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent w with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use.

2. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, wtrich are permitted or required by the Permit, the following activities are prohibited in or on the Property: . . a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground;

b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials;

c. Removal or destruction of trees, shrubs, or other vegetation, e~cept for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan;

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EXHIBIT \3b Third PMY ~UICPassive Form -June 1998 d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; Cc e. Surface use except for purposes that permit the land or water area to remain in its natural condition;

f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing;

g. Acts or uses detrimental to such aforementioned retention of land or water areas;

h. Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance.

3. Passive Recreational Facilities. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and that are not inconsistent with any District rule, criteria, the Permit and the intent and purposes of this Conse~ationEasement. Passive recreational uses that are not contrary to the purpose of this conservation easement may be permitted upon written approval by the District.

a. The Grantor may conduct limited land clearing for the purpose of constructing such pervious facilities as docks, boardwalks or mulched walking trails. Grantor shall submit plans for the construction of the proposed fac'ilities to the District for review and written approval prior to construction.

r r.. . b. The construction and use of the approved passive recreational zqr' facilities shall be subject to the following conditions:

I. Grantor shall minimize and avoid, to the fullest extent possible, impact to any wetland or upland buffer areas within the Conservation Easement Area and shall avoid materially diverting the direction of the natural surface water flow in such area; .. 11. Such facilities and improvements shall be constructed and ,.. . .. maintained utilizing Best Management Practices;

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EXHIBIT \3c Third Pay Buu Passive Form -JU,I~ 1998 iiii. Adequate containers for litter disposal shall be situated adjacent to such facilities and improvements and periodic inspections shall be instituted by the maintenance entity, to clean W any litter from the area surrounding the facilities and improvements;

iv. This conservation easement shall not constitute permit authorization for the construction and operation of the passive 'recreational facilities. Any such work shall be subject to all applicable federal, state, District or local permitting requirements.

4. No right of access by the general public to any portion of the Property is conveyed by this conservation easement.

5. Neither Grantee nor the District shall be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property.

6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property.

7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this conservation easement shall be bome by and recoverable against the nonprevailing party in such proceedings.

8. The District shall have third party enforcement rights of the terms, w provisions and restrictions of this conservation easement. Enforcement of the terms, provisions and restrictions shall be at the discretion of.the Grantee, or the District, and any forbearance on behalf of the Grantee or the District to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's or District's rights hereunder. --:; .. ..*-;' - ... 9. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization determined in advance by the District to be qualified to hold such interests under the applicable state laws. No assignment or conveyance of the conservation easement shall be made unless prior written approval is giver1 by the District, to the Grantee.

10. If any provision of this conservation easement or the application thereof to

! any person or circumstances is found to be invalid, the remainder of the provisions!of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved.

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EXHIBIT 13d 'I Third Puiy Bene Passive Finm -June 1998

1I. All notices, consents, approvals or other communications hereunder shall w be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest.

12. The terms, conditions, restrictions and purpose of this conservation easement shall be referred to by Grantor in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. Any future holder of the Grantor's interest in the Property shall be notified in writing by Grantor of this conservation easement and the third party enforcement rights of the South Florida Water Management District.

13. Any amendments or modifications to the terms, conditions, restrictions, or purpose of this conservation easement, or any release or termination thereof, shall be subject to prior review and written approval by the District. The District shall be provided no less than 90 days advanced notice in the manner described herein of any such proposed amendment, modification, termination or release. This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto and the District or their heirs, assigns or successors-in-interest, which shall be filed in the public records in Osceola County.

TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the -- Property. Grantor hereby covenants with said Grantee that Grantor is-IawfulIy seized of said . Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this conservation easement and a.ll mortgages and liens have been subordinated to this conservation easement; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever.

INWlTNESSWHERE@F, Gary Lee, has hereunto set its authorized hand this 8' day of Ffh&u&dy

Signed, sealed and delivered Kelley Properties , in our presence as witnesses: A Florida corporafion

By: Third Puty Bcnc Passive Form -JUN 1998 Print Name: Print Name: Gary ~ee Tile: General Manager

Print Name:

STATE OF FLORIDA

) ss:

COUNTY OF

On this day of before me, the undersigned notary p~~blic,personally appeared , personally known to me to be the person who subscribed to the foregoirrg instrument, as the (position) , of (corporation) , a Florida corporation, and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized to do so.

IN WITNESS WHEREOF, 1 hereunto set my hand and official seal.

NOTARY PUBLIC, STATE OF FLORIDA

Print Name:

My Corr~missionExpires:

South Florida Water Management District Legal Form Approved: SFWMD June 1998

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EXHIBIT 13q J. A. JURGENS, PA. Attorneys at Law J. A Jurgens 505 Wekva Springs Road Or Counsel: Suite 500 Bridemyor Smo&er Scott M. Price Loxrgs~ood,Florida 32129 61 Bolves, PA Telephone: (402')122-222 2 500 E. Kennedy Blvd. &el+ E. Ford I1 Facsimile (402) 222-2228 Suite 200 Tunpa, Florida 33602 February 8,2001

MA FACSIMILE ADDITIONAL INFORMATION (407) 858-6121 Mr. Mark Ady South Florida Water Management District 733 5 Lake Ellenor Drive ORLANDO SERVICE CENTER Orlando, Florida 32809 ~OO~JJI -/L Re: Reedy Creek Mitigation Bank Dear Mark: This letter shall serve to advise the District that the Reedy Creek Mitigation Bank hereby reserves 8.386 forested mitigation credits for SouthFloridaWater Management District Application No. 000621 - 16. The project name is Westin ReserveKelly Properties, which is located within the Reedy Creek Mitigation Bank Service Area. This Letter of Reservation shall be effective for a w period of five (5) months. It is our understanding that the project is scheduled to be heard at the April, 2001 Governing Board Meeting. This letter is sent to you directly at the request of Mr. William Bess of Ron House Professional Associates (RHPA) to be included as part of the consultant submittal in response to your request for additional information. 'lhadc you for your assistance. If further assistance is necessary regarding this Letter of Reservation, please advise. Sincerely yours, 000621-16 EXISTING/PROPOSED LAND USE INFORMATION

NEW CONCEPTUAL WESTON RESERVE CONCEPTUAL ONS ITE I Pre-Development Post-Development

Env Category Site Id Acreage Quality Habitat Presv Undist Imp Enhan Rest Cr

WETLAND W- 1 87.06 GOOD/FAIR CYPRESS 73.32 .00 13.74 .00 .00 WETLAND W-2 59.15 VERY GOOD MIXED WETLAND 59.15 . 00 .OO .OO .00 HARDWOODS

Totals 146.21 132.47 .00 13.74 .00 -00

Env Category Site Id Acreage Quality Habitat Presv Undist Imp Enhan Rest Cr UPLAND U-1 622.50 FAIR IMPROVED .00 .00 .00 .00 .00 PASTURES Totals 622.50 .OO .OO .OO .OO -00 NEW PHASE WESTON RESERVE PHASE I CONSTRUCTION ONSITE 7 71Post-Development

Env Category Site Id Acreage Quality Habitat Presv Undis t Imp Enhan Rest Cr

WETLAND W-1 1.89 GOOD CYPRESS 1.89 -00 .OO .OO .00

Totals 1.89 1.89 .OO .OO .OO .OO

Env Category Site Id Acreage Quality Habitat Presv Undist Imp Enhan Rest Cr UPLAND U-1 115.40 FAIR IMPROVED .OO .OO .OO .OO .OO PASTURES Totals 115.40 .OO .OO .OO .OO .OO

Page 1 of ( STAFF REPORT DISTRIENTION LIST WESTON RESERVE APPLICATION NUMBER: 000621-16

INTERNAL DISTRIBUTION EXTERNAL DISTRIBUTION Reviewer : X Janiie Poulos X Appl icant : X Shannon Carter KELLEY PROPERTIES X Edward W. Yaun. P. E X Marc S. Ady X Appl icant's Consultant X J. Golden - REG RON HOWSE PA X A. Lee - ORL X R. Robb-ins - NRM X Engineer. County of: X A. Waterhouse - REG OSCEOLA X P. Bell - LEG X ERC Engineering Engineer. City of: X ERC Environniental X Permit File Local Drainage District: GOVERNING BOARD MEMBERS Mr. Mitchell W. Berger Ms. Vera Carter COUNTY Mr. Michael Coll ins X Osceola -Arniy Corps of Eng-ineers Mr. Gerardo B. Fernandez Dr. Patrick J. Gleason BUILDING AND ZONING Mr. Nicol as Gut ierrez Mr. Michael M-inton OTHER

Mr. Harkley R. Thornton X Div of Recreation~- ~~- and Park - District 6 *L Ms. Trudi K. Williams X Florida Audubon - ~harlesLee X Florida Fish & Wildlife Conservation Com DEPT. OF ENVIRONMENTAL PROTECTION X Sierra Club - Central Florida Group X US Army Corps of Engineers

EXHIBIT 16

Appendix E

Permit Information: Flora Lakes Pond (aka Stonefield)

Appendix F

SFWMD Pre-Application Meeting Minutes

KELLY, COLLINS & GENTRY, INC. ENGINEERING / PLANNING

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

PRE-APPLICATION MEETING MINUTES

Shingle Creek Regional Trail North – Phase 2A-2D and South - Phase 2A City of Kissimmee Osceola County, Florida April 16, 2015

A Pre-Application Meeting was held on Thursday, April 16, 2015 at 10:00 AM at the South Florida Water Management District’s Orlando Regional Service Center to discuss the above referenced project. The purpose of this meeting was to discuss permitting requirements applicable to the project. The individuals who participated in the meeting were Mark Daron, P.E. (SFWMD), Jennifer Thomson (SFWMD), Bob Butterfield, P.E. (KCG), Steve Kreidt, P.E. (KCG), Jim Macky, P.E. (CMA), and Curtis Arrington, P.E. (CMA).

The following is our interpretation of the discussions and issues covered during the meeting:

NORTH PHASE 2A – (Interconnection between North Phase 1 and the existing trail at Tapestry)

1. The SFWMD Staff stated that this section of trail system is exempt from permitting provided there are no modifications that impact the existing SFWMD permits in this area. Mr. Butterfield indicated that there are existing outfalls from the Wellington Woods apartment complex and the Sikh Temple that would be maintained as previously permitted by installing culverts under the proposed trail. He also stated that at the southwest corner of the Tapestry Development, there is an existing bubble-up structure in the path of the proposed trail alignment. After discussion with SFWMD Staff, it was recommended that the proposed trail alignment in this area be relocated to the west to maintain the existing drainage structure and that the design team install culverts under the trail to maintain the existing permitted flow from the Tapestry Development. By doing this, it would eliminate the need to obtain a drainage easement over the extended outfall with the relocated structure. Relocating this structure would require a modification to the existing SFWMD permit and the proposed trail would not be exempt.

2. SFWMD requested that the City/County provide documentation of who will operate and maintain the trail within all the phases of development, including areas of the trails that currently exist on easements from existing developments.

3. The design team stated that it will apply for a “Letter of Exemption” for this section of the trail system and include in the letter an acknowledgment of the responsible party that will

______1700 North Orange Avenue, Suite 400, Orlando, Florida 32804 407/ 898-7858, Fax: 407/ 898-1488 SFWMD Pre-Application Meeting Minutes Shingle Creek Regional Trail – North - Phase 2A – 2D & South – Phase 2A April 16, 2015 Page 2

maintain/operate the portion of trail through the Tapestry development that will connect to the trail in North Phase 2B.

NORTH PHASE 2B – (North Side of Tapestry to Flora Boulevard)

1. The design team stated that the portion of this phase located along the South side and within the limited access right of way of Osceola Parkway has been deleted from the project due to prohibitions in the bond holder documents.

2. The SFWMD Staff stated that North Phase 2B of the trail system will require a modification of the SFWMD permit that includes the previously permitted sections of the trail system. This section will be contiguous with the existing permit by reference to the maintenance/operation party in the “Letter of Exemption that will be filed for SCRT North Phase 2A”.

3. The design team will be required to submit letter modifications for any previously permitted projects along the proposed route that are impacted by the trail system.

4. The segments of the trail that meet the requirements to be exempt from permitting by rule can be excluded from this permit. SFWMD stated that the exempt portion of the trail can be included in the permit and referenced as exempt from permitting.

5. This section of the trail will include some areas of wetland impact. A majority of the wetlands in this phase have been defined by the previously permitted projects along the proposed alignment. Any areas that have not been defined will be flagged by Paul Sebert of E Sciences, Inc. and reviewed by SFWMD staff. The design team stated that the project will purchase bank credits for mitigation requirements.

6. This section of the project includes some encroachment into the floodplain and compensating storage shall be provided on a cup for cup basis as recommended by SFWMD Staff.

NORTH PHASES 2C & 2D – (East – West alignment from County Line to JYP Connector and Trail Bridge over Osceola Parkway)

1. The design team introduced the preliminary alignment of this section of the trail system as shown on the attached project map for initial input from SFWMD Staff.

2. The proposed alignment of trail that crosses Shingle Creek can be constructed adjacent to the existing Osceola Parkway right-of-way or located away from the road into the wetlands to create a better experience for trail users. Ms. Thomson stated that the trail would be acceptable in either location, since the trail would be constructed as a boardwalk and the proposed impacts would be minor. The design team will review this segment for constructability to determine the best alignment.

SFWMD Pre-Application Meeting Minutes Shingle Creek Regional Trail – North - Phase 2A – 2D & South – Phase 2A April 16, 2015 Page 3

3. SFWMD suggested that the design team review the existing conservation easements along the proposed alignment for the inclusion of passive recreation as an alternative to seeking a Release of Conservation Easement. If passive recreation is not included in the original documents, the conservation easements must be amended to include it with the owner’s consent.

SOUTH PHASE 2A – (Landcaster Loop)

1. The design team introduced the preliminary alignment of this section of the trail system as shown on the attached project map for initial input from SFWMD Staff.

2. The segments of trail located on the Lackey Property and the School Property will require easements to allow for construction. If the trail does not meet the exemption requirements, then the property owners will have to be included on the permit.

3. This section of the project includes some encroachment into the floodplain and compensating storage shall be provided on a cup for cup basis as recommended by SFWMD Staff.

4. SFWMD suggested that the trail be designed at grade to avoid floodplain impacts.

The above minutes are our interpretation of the discussions and issues reflected during the meeting. If you have any corrections or clarifications to these minutes, please contact Mr. Jim Macky at 407-846-2239 or [email protected].