Expiration Date March 27, 2012 by ryq78127

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									                       SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
                                ENVIRONMENTAL RESOURCE
                                 INDIVIDUAL CONSTRUCTION
                                   PERMIT NO. 43031543.001


     Expiration Date: March 27, 2012             PERMIT ISSUE DATE: March 27, 2007



This permit is issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and the Rules
contained in Chapters 40D-4 and 40, Florida Administrative Code, (F.A.C.). The permit authorizes the
Permittee to proceed with the construction of a surface water management system in accordance with the
information outlined herein and shown by the application, approved drawings, plans, specifications, and
other documents, attached hereto and kept on file at the Southwest Florida Water Management District
(District). Unless otherwise stated by permit specific condition, permit issuance constitutes certification of
compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341.
All construction, operation and maintenance of the surface water management system authorized by this
permit shall occur in compliance with Florida Statutes and Administrative Code and the conditions of this
permit.

PROJECT NAME:                      Upper Coastal Mitigation Bank

GRANTED TO:                        Citrus Investments LLC
                                   5300 Golf Road
                                   Skokie, IL 60077

ABSTRACT: This permit authorization is for the establishment of a 148.76-acre mitigation bank as
named above and as shown on the approved survey. The project is located at the headwaters of the
Homosassa River, approximately 600 feet south of the Homosassa Wildlife Park, and approximately
1,700 feet north of the Withlacoochee State Forest in the town of Homosassa, in Citrus County.
Information regarding the surface water management system and wetlands is contained within the tables
below.

OP. & MAINT. ENTITY:               Citrus Investments LLC

COUNTY:                            Citrus

SEC/TWP/RGE:                       28,33/19S/17E

TOTAL ACRES OWNED
OR UNDER CONTROL:                  148.76

PROJECT SIZE:                      148.76 Acres

LAND USE:                          Semi-public

DATE APPLICATION FILED:            October 12, 2006

AMENDED DATE:                      N/A



I.        Water Quantity/Quality
           Comments:      There will be no construction activities associated with this mitigation bank. There
           are no expected adverse on-site or off-site impacts to water quality or water quantity.

           A mixing zone is not required.
           A variance is not required.

II.        100-Year Floodplain

        Encroachment                      Compensation                  Compensation            Encroachment
       (Acre-Feet of fill)                 (Acre-Feet of                   Type*           Result**(feet)
                                            excavation)
               0.00                            0.00                   NE           [ X ]   Depth              [ N/A       ]


           *Codes [ X ] for the type or method of compensation provided are as follows:
           NE = No Encroachment
           MI = Minimal Impact based on modeling of existing stages vs. post-project encroachment.
           N/A = Not Applicable

           **Depth of change in flood stage (level) over existing receiving water stage resulting from
           floodplain encroachment caused by a project that claims MI type of compensation.

III.       Environmental Considerations

           Wetland/Surface Water Information                Count of Wetlands: 6


                                        Permanent Impacts                                          Temporary Impacts
  Wetland Name                                   Total         Not         Acres      Functional      Acres      Functional
                                                 Acres       Impacted                   Loss*                   Loss*
                                                              Acres
  AA1                                             74.21         74.21         0.00         0.00          0.00   0.00
  AA2                                              2.68          2.68         0.00         0.00          0.00   0.00
  AA3                                              1.71          1.71         0.00         0.00          0.00   0.00
  AA4                                             36.52         36.52         0.00         0.00          0.00   0.00
  AA5                                             24.26         24.26         0.00         0.00          0.00   0.00
  AA6                                              9.38          9.38         0.00         0.00          0.00   0.00
  Total:                                         148.76        148.76         0.00         0.00          0.00   0.00

           * For impacts that do not require mitigation, their functional loss is not included.

           Wetland Comments: The project area includes 60.78 acres of uplands and 87.98 acres of
           wetlands. No wetland impacts are proposed.

           Mitigation Information Count of Mitigation: 6
                    Creation/Restoration                         Enhancement           Preservation       Other
 Mitigation Name                           Acres   Functional   Acres   Functional   Acres   Functional    Acres   Functional
                                                                                                                   Gain
                                                     Gain                 Gain                 Gain
 AA1                                        0.00       0.00      0.00       0.00 74.21           8.66       0.00   0.00
 AA2                                        0.00       0.00      0.00       0.00   0.00          0.00       2.68   0.56
 AA3                                        0.00       0.00      0.00       0.00   1.71          0.36       0.00   0.00
 AA4                                        0.00       0.00      0.00       0.00 36.52          21.36       0.00   0.00
 AA5                                        0.00       0.00      0.00       0.00   0.00          0.00      24.26   14.44
 AA6                                        0.00       0.00      0.00       0.00   0.00          0.00       9.38   2.25
 Total:                                     0.00       0.00      0.00       0.00 112.44         30.38      36.32   17.25


          Mitigation Comments: The project will result in 87.98 acres of wetland preservation and 60.78
          acres of upland preservation, resulting in a Functional Gain of 44.08 units. The project will also
          result in 12.06 acres of wetland enhancement and 24.26 acres of upland enhancement, resulting
          in an additional Functional Gain of 3.55 units. Upon achieving each mitigation criterion, the bank
          will receive mitigation credits, not to exceed a total of 47.63 credits when all criteria have been
          met. All on-site wetlands and all on-site uplands will be preserved through a conservation
          easement.

          A regulatory conservation easement is required.

          A proprietary conservation easement is not required.

SPECIFIC CONDITIONS

1.        If the ownership of the project area covered by the subject permit is divided, with someone other
          than the Permittee becoming the owner of part of the project area, this permit shall terminate,
          pursuant to Section 40D-1.6105, F.A.C. In such situations, each land owner shall obtain a permit
          (which may be a modification of this permit) for the land owned by that person. This condition
          shall not apply to the division and sale of lots or units in residential subdivisions or condominiums.

2.        Unless specified otherwise herein, two copies of all information and reports required by this
          permit shall be submitted to:

          Brooksville Regulation Department
          Southwest Florida Water Management District
          2379 Broad Street
          Brooksville, FL 34604-6899

The permit number, title of report or information and event (for recurring report or information submittal)
       shall be identified on all information and reports submitted.

3.        This permit is issued based upon the design prepared by the Permittee’s consultant. If at any
          time it is determined by the District that the Conditions for Issuance of Permits in Rules 40D-
          4.301 and 40D-4.302, F.A.C., have not been met, upon written notice by the District, the
          Permittee shall obtain a permit modification and perform any construction necessary thereunder
          to correct any deficiencies in the system design or construction to meet District rule criteria. The
          Permittee is advised that the correction of deficiencies may require re-construction of the surface
          water management system and/or mitigation areas.

4.        The Permittee's contract to purchase the property covered by this permit expires on July 6, 2007.
          Failure to transfer ownership of the project site to Permittee by this date will render this permit null
          and void.
5.    The enhancement and long-term management of the property shall be supervised by a qualified
      environmental scientist/specialist/consultant. Within 90 days of permit issuance, the Permittee
      shall identify, in writing, the environmental professional retained for enhancement and land
      management activities.

6.    Prior to the release of any mitigation credits, the Permittee shall provide the District with final
      documentation establishing proof of a trust fund agreement for the perpetual management and
      maintenance of the bank that meets the requirements of Section (9) of Appendix 4 of the ERP
      Basis of Review.

7.    Activities not specifically authorized by this permit are prohibited within the boundaries of the
      mitigation bank unless a permit modification is obtained for these activities. Should activities be
      conducted which could adversely impact fish and wildlife, the number of credits awarded to the
      mitigation bank shall be reduced accordingly. Conducting unauthorized activities within the
      boundaries of the mitigation bank which adversely impact fish and wildlife are grounds for
      revoking this permit and discontinuing use of any remaining mitigation credits.

8.    The permittee shall manage and maintain the Upper Coastal Mitigation Bank in perpetuity.
      Unless otherwise specified by permit conditions, the permittee shall manage the mitigation bank
      in accordance with the document entitled “Upper Coastal Mitigation Bank Long-Term
      Management and Monitoring Plan”, received by the District on December 29, 2006, and included
      as Attachment 1 to this permit. Any substantial deviation from the approved “Management Plan”
      is grounds for revoking this permit unless the permit is modified to approve such deviation.

9.    The permittee shall provide a biannual cost adjustment as required under Appendix 4, Section
      9(k) of the ERP Basis of Review. This cost adjustment shall include a monitoring report that
      documents conditions at the mitigation bank relative to the success criteria established by this
      permit and shall identify maintenance and management activities conducted since the preceding
      report was submitted.

10.   Beginning April 30, 2007, and by April 30 of each subsequent year, the Permittee shall provide
      the District with proof that all real estate taxes and assessments on the property comprising the
      Peace River Mitigation Bank, as identified in this permit, have been paid.

11.   The mitigation service area for the Upper Coastal Mitigation Bank shall be the Upper Coastal
      Basin as shown in Figure 3, of Attachment 1 (Upper Coastal Mitigation Bank Long-Term
      Management and Monitoring Plan) to this permit.

12.   Mitigation credits may be used upon release, except as limited by this permit condition. Use of
      credits shall be discontinued if, at any time, the Upper Coastal Mitigation Bank is deemed to be in
      noncompliance with this permit. Upon written notice from the District, mitigation credits shall
      again be available if the Permittee comes back into compliance as determined by the District.

13.   Mitigation credits for the Upper Coastal Mitigation Bank shall be released as functional
      replacement credits only. Except as limited by this permit, use of released mitigation credits shall
      be accepted by the District when, based on all applicable criteria in 373.414(1)(b), Florida
      Statutes, and Rule 40D-4, Florida Administrative Code, those credits are appropriate and
      sufficient to offset specific impacts to wetlands and other surface waters and when the specific
      impacts can be permitted pursuant to those criteria.

14.   A maximum of 47.63 credits shall be awarded to the Upper Coastal Mitigation Bank by this permit
      upon conveyance of a conservation easement acceptable to the District and achievement of all
      success criteria contained in the Monitoring Plan and permit Specific Conditions. Documentation
      of the mitigation credit analysis is provided in Table 2 and included as Attachment 2 to this permit.
      Polygons used in the credit analysis are provided as Figure 7 and included as Attachment 3 to
      this permit.

15.   Credits shall be released for use by the mitigation bank according to the credit release schedule
      (Table 3) and included as Attachment 4 to this permit, except as limited by this permit condition.

      a.      Notwithstanding any other term or condition of this permit, or the credit release schedule
              in Attachment 4, no credits will be released until a conservation easement for the
              mitigation bank property has been conveyed to the District free and clear of all
              mortgages, liens, encumbrances, leases, tenancies, security interests, covenants,
              conditions, restrictions, rights-of-way, easements, judgments, unrecorded leases, and
              other matters affecting title that are unacceptable to the District;
      b.      No credits will be released until a title insurance policy for the Upper Coastal Mitigation
              Bank, consistent with the terms in the Attorney’s Title Insurance Fund, Inc. title insurance
              commitment No. C-7138758 has been provided. Without limiting the generality of the
              foregoing, Schedule B II Exceptions numbered 1 and 2 must be deleted from the final
              policy at closing based upon updates to the title search, an affidavit of no lien, and
              inspection and survey of the property; and

      c.      Except for credits released following conveyance of the conservation easement, no
              credits shall be released until the financial responsibility mechanism required pursuant to
              Appendix 4, Section 9(i) of the ERP Basis of Review is approved by the District and fully
              funded.

16.   No mitigation credits will be released for the total enhancement credits portion of the credit
      release schedule until all of the exotic and nuisance species control activities and all of the
      access control activities, as described in the approved “Upper Coastal Mitigation Bank Long-Term
      Management and Monitoring Plan”, have been implemented for at least three (3) continuous
      years, and monitoring reports and a site inspection by the District have documented that the
      conditions described in the management plan have been met.

17.   The Permittee shall submit an updated credit ledger with each request for withdrawal of credits, to
      be in the form of a letter modification. Each submittal of the updated credit ledger must be
      initialed and dated by the Director of the Brooksville Regulation Department and by the
      appropriate representative of the Upper Coastal Mitigation Bank. A comment sheet and location
      map must accompany each submittal identifying:

      a.      The name, address and phone number of the permit applicant requesting to receive
              mitigation credits from the mitigation bank.

      b.      Permit application numbers (including ERP and any related federal permit) of the impact
              project receiving the mitigation credits.

      c.      Location of the impact project receiving the mitigation credits.

      d.      An UMAM assessment performed according to Chapter 62-345, F.A.C. of the proposed
              impact area, which includes a detailed description of habitat type, habitat quality, and the
              value of functions performed by the area for fish and wildlife.

GENERAL CONDITIONS

1.    The general conditions attached hereto as Exhibit "A" are hereby incorporated into this permit by
      reference and the Permittee shall comply with them.
____________________________________________
      Authorized Signature
                       SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
                                ENVIRONMENTAL RESOURCE
                                 INDIVIDUAL CONSTRUCTION
                                   PERMIT NO. 43031543.001

Summary:          This permit authorization is for the establishment of a 148.76-acre mitigation bank known as
the Upper Coastal Mitigation Bank and as shown on the approved survey. The project is located at the
headwaters of the Homosassa River, approximately 600 feet south of the Homosassa Wildlife Park, and
approximately 1,700 feet north of the Withlacoochee State Forest in the town of Homosassa, in Citrus County.
This project is located within an open drainage basin.

The project area includes 60.78 acres of uplands and 87.98 acres of wetlands. No wetland impacts are
proposed. The project will result in 87.98 acres of wetland preservation and 60.78 acres of upland
preservation, resulting in a Functional Gain of 44.08 units.

The project will also result in 12.06 acres of wetland enhancement and 24.26 acres of upland
enhancement, resulting in an additional Functional Gain of 3.55 units.

No construction activities are proposed or authorized. There are no adverse on- or off-site water quantity or
quality impacts expected.

The wetland mitigation bank will be managed by Citrus Investments, LLC.

								
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