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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