OSCEOLA CROSSING Environmental Resource Permit Application

JUNE 2013 Submitted to: South Florida Water Management District Orlando Service Center 1707 Orlando Central Parkway, Suite 200 Orlando, FL 32809 (407) 858-6100 Prepared for: Deerfield Land Corporation 14901 S. Orange Blossom Trail Orlando, Fl 32837 Prepared by: Modica & Associates, Inc. 302 Mohawk Road Clermont, FL 34715 (352) 394-2000

i

OSCEOLA CROSSING ENVIRONMENTAL RESOURCE PERMIT APPLICATION

TABLE OF CONTENTS 1.0 Introduction ................................................................................................................1 2.0 Project Description .....................................................................................................1

2.1 Soils...................................................................................................................1 2.2 Land Use/Land Cover .......................................................................................3 2.2.1 Uplands ...............................................................................................3 2.2.2 Wetlands .............................................................................................4

3.0 Wildlife ......................................................................................................................5 3.1 Potential for Protected Species of Wildlife ................................................................5 4.0 Wetland Impacts.........................................................................................................6

4.1 Cumulative Impacts ..........................................................................................6 4.2 Avoidance & Minimization ..............................................................................7

5.0 Mitigation ...................................................................................................................8 5.1 UMAM..............................................................................................................9

6.0 Summary ....................................................................................................................9 List of Figures Figure 1 – Location Map Figure 2 – Aerial Photograph Figure 3 – Soils Map Figure 4 – Land Use Map Figure 5 – Site Plan List of Exhibits Exhibit A – Project Wetland and Other Surface Water Summary Tables 1-3 Exhibit B – UMAM Analysis Exhibit C – Draft Conservation Easement Release Documents

1

OSCEOLA CROSSING ENVIRONMENTAL RESOURCE PERMIT APPLICATION

1.0 INTRODUCTION The Osceola Crossing project is a proposed 77.94-acre commercial and retail development located at the intersection of U.S. Highway 441 (Orange Blossom Trail) and Osceola Parkway in Section 3, Township 25 South, Range 29 East in Osceola County, Florida (Figure 1). This project includes the original project known as The Oasis (Application No. 050120-20) which was previously permitted by the South Florida Water Management District (SFWMD), with the addition of approximately 21.71± acres to the eastern portion of the project area. The SFWMD permit issued for The Oasis allowed for the construction of a 56.23± acre retail/commercial development. The proposed improvements consist of the construction of a retail center with drainage facilities and an extension of Centerview Boulevard. The addition of acreage to the project will allow for access from US Highway 441 and will provide better traffic circulation for the development in this quickly growing retail/commercial corridor. Osceola Crossing is located within the limits of the Osceola Corporate Center (OCC) approved Development of Regional Impact (DRI). This application seeks approval for work that will involve the filling of 8.73± acres of jurisdictional wetlands to extend The Oasis project northeastward so that it abuts U.S. Highway 441 and expands the commercial facility. This project will provide a development that is designed to improve traffic flow and to expand the use and marketability of that portion of The Oasis tract which has already been permitted. Mitigation for wetland impacts will be provided to insure that no net loss in wetland function will result from the proposed activities. Compensatory mitigation is offered in the form of mitigation banking credits purchased from the Reedy Creek Mitigation Bank (RCMB). 2.0 PROJECT DESCRIPTION The Osceola Crossing project site consists of undeveloped land supporting a mix of natural upland and three wetland habitats (Figure 2). Land use and/or vegetative cover within the project area includes, retail and services (141), pine flatwoods (411), hydric pine flatwoods (625), existing roads (800), mixed wetland hardwoods (617) and an herbaceous marsh (641).

2.1 Soils

A preliminary soil analysis for use in the evaluation of this site was performed using the Soil Conservation Service (SCS) Soil Survey for Osceola County. Five (5) soil types and Open Water are present within the additional acreage added to the original project area (Figure 3). The following is a brief description of each soil type represented. These descriptions are excerpts from the SCS Soil Survey.

2

3 – Arents, 0 to 5 percent slopes Arents, 0-5% slopes, consists of material dug from several areas that have

different kinds of soils. This fill material is the result of earthmoving operations. This material is used to fill such areas as sloughs, marshes, shallow depressions, swamps and other low-lying areas above their natural ground levels, for use in land leveling operations, or as a final cover for sanitary landfills. Typically the surface layer of this soil type is 30 to 50 inches thick. It is very dark gray, dark gray, dark grayish brown, and yellowish brown fine sand or sand mixed with discontinuous strata of grayish brown and light brownish gray loamy material. The high water table for this soil type varies with the amount of fill material and artificial drainage within any mapped area. In most years, the high water table is at a depth of 24 to 36 inches for 2 to 4 months. During extended dry periods, a high water table is not within 5 feet of the surface. The permeability of this soil type is moderately rapid or rapid. 5- Basinger Fine Sand Basinger fine sand is a nearly level, poorly drained soil found in low, broad flats and sloughs in the flatwoods. The surface layer of this soil type generally consists of black fine sand about 4 inches thick over 3 inches of dark gray fine sand that contains gray mottles. The water table for this soil type is at a depth of less than 10 inches for 2 to 6 months in most years and a depth of 10 to 30 inches during the dry season in most years. Permeability of this soil type is very rapid throughout. 6 – Basinger fine sand, depressional Basinger fine sand, depressional is a nearly level, poorly drained soil found in shallow depressions and poorly defined drainageways in the flatwoods. The surface layer of this soil type generally consists of black fine sand about 4 inches thick over 3 inches of dark gray fine sand that contains gray mottles. Water stands on the surface for 6 to 12 months during most years. Permeability of this soil type is very rapid throughout. 22- Myakka Fine Sand Myakka fine sand is a nearly level, poorly drained soil found in broad areas in the flatwoods. Slope of this soil type ranges from 0 to 2 percent. The surface layer of this soil type generally consists of very dark gray sand about 7 inches thick. The water table for this soil type is at a depth of less than 10 inches for 1 to 4 months in most years and a depth of more than 40 inches during very dry seasons. Permeability of this soil type is rapid in the surface and subsurface layers, moderate to moderately rapid in the subsoil, and rapid in the substratum.

3

32- Placid Fine Sand, Depressional

Placid fine sand is a nearly level, very poorly drained soil found in low, wet depressions and swamps in the flatwoods. Slopes of this soil type are less than 2 percent. The surface layer of this soil type generally consists of fine sand about 24 inches thick. The upper 14 inches is black and contains pockets of light gray, and the lower 10 inches is very dark gray and also contains pockets of light gray. Water stands on the surface of this soil type for 6 to 9 months of more in most years. Permeability of this soil type is rapid throughout. 99- Water The SCS Soils Survey indicates open water in the location of wetlands W-17A and W-17B. Historically these areas were borrow pits, likely providing fill material for the construction of U.S. Highway 441. These open water areas are also evident on historic aerial photography and on U.S.G.S. Topographic Quadrangle maps. These areas currently exist as a shallow hydric pine flatwoods community, and as an open water/freshwater marsh system.

2.2 Land Use/Land Cover

The vegetative communities within the project area were mapped and field verified. Land use and vegetative cover was classified using the Florida Land Use, Cover and Forms Classification System (FLUCFCS). Using the FLUCFCS six (6) land use/vegetative cover types were identified (Figure 4). They are described below in further detail.

2.2.1 Uplands

140 – Retail & Services The existing 56.23± acre project site known as The Oasis (050120-10) has been classified with a land use of Retail and Services. There is an existing and valid permit on this portion of the Osceola Crossing project site that allows for site development. Therefore, this portion of the project site is classified according to the land use allowed with the existing entitlements. 411 – Pine Flatwoods The uplands contained within the remainder of the Osceola Crossing project area consist of pine flatwoods dominated by a canopy of long-leaf pine (Pinus palustris) and slash pine (Pinus elliottii) with an understory of saw palmetto (Serenoa repens). Other vegetative associates include gallberry (Ilex glabra), American beautyberry (Callicarpa americana), wiregrass (Aristida stricta), shiny blueberry (Vaccinium myrsinites), and bottlebrush threeawn (Aristida spiciformis).

4

800 -Existing Road There is an existing road providing access to U.S. Highway 441 that was constructed in the late 1990’s in accordance with the Conceptual Permit (951122-6). 2.2.2 Wetlands 617- Mixed Wetland Hardwoods Wetland W-25 consists of a narrow point of a larger system that is dominated by cypress (Taxodium distichum). This narrow point is slightly higher than the remainder of the larger system and is inundated less frequently. This area is dominated by loblolly bay (Gordonia lasianthus) and cypress, with a variety of other common species including dahoon holly (Ilex cassine), slash pine, (Woodwardia virginica), and red bay (Persea borbonia). Woody plants include gallberry, (Ilex glabra), wax myrtle (Myrica cerifera), and blackberry (Rubus fruticosus). Herbaceous plants include Virginia chain fern (Woodwardia virginica), netted chain fern (Woodwardia areolata), smilax, and hatpins (Eriocaulon decangulare). No standing water was observed during the March 27th, 2013 site inspection. Aerial photographs show that this portion of the wetland has a distinct signature that is different than the larger portion of the contiguous wetland. The signature shows substantially less cypress and a greater mix of hardwood trees. 625-Hydric Pine Flatwoods Wetland W-17A historically consisted of an impacted area (borrow pit) which is designated as water in the SCS soils manual. This wetland also appears as a borrow pit on historical aerials and on the U.S.G.S. Topographic Quadrangle maps. During the past 30 years, a canopy of slash pine has recruited within the borrow pit, with a variety of other common species including wax myrtle and spike rush (Eleocharis sp.). Herbaceous vegetation includes mermaid weed (Proserpinaca pectinata), bushy bluestem (Andropogon virginicus), red root (Lachnanthes caroliniana), hatpins, and St. Johns wort (Hypericum sp.), pickerelweed (Pontederia), beak sedge (Rhynchospora alba,) and cattails (Typha latifolia). Cypress regeneration was noted in the groundcover. No standing water was observed during the March 27th, 2013 site inspection. Soil investigation during the March 27, 2013 site inspection revealed the presence of 1-inch or less of organic material on otherwise sandy soils. 641-Freshwater Marsh Wetland W-17-B was historically a borrow pit. It now functions as an herbaceous wetland with a large area of open water. There is limited emergent vegetation in the system likely due to the historic excavation and soil conditions. The perimeter has sand cord grass (Spartina bakeri), wax myrtle, dog fennel (Anthemis cotula), and duck potato (Sagittaria latifolia).

5

3.0 WILDLIFE

An site inspection was conducted on March 27th, 2013. A qualitative review of the site was conducted to determine if any wildlife species utilizing the property are listed as protected by the U.S. Fish and Wildlife Service (USFWS) or the Florida Fish and Wildlife Conservation Commission (FWC). The review was conducted on March 27th, 2013. The following is a list of those species identified during multiple on-site evaluations as well as any direct observations of evidence of a particular species presence (i.e. tracks, burrows, scat etc.).

Amphibians and Reptiles Southern leopard frog (Rana sphenocephala) Birds Cattle egret (Bubulcus ibis) Little blue heron (Egretta caerulea) Mourning dove (Zenaida macroura) Northern bobwhite (Colinus virginianus) Northern cardinal (Cardinalis cardinalis) Northern mockingbird (Mimis polyglottos)

Mammals Common raccoon (Procyon lotor) Marsh rabbit (Sylvilagus palustris)

The little blue heron is listed by the FWC as a Species of Special Concern (SSC). There are no specific permitting requirements for this species. It is not anticipated that the proposed work will have a negative impact on the little blue heron. There are numerous wetlands and open water bodies in the vicinity of the project area that provide suitable forage areas for this species, as well as for other species of wading birds.

3.1 Potential for Protected Species of Wildlife Detailed wildlife surveys have been conducted within the project on numerous occasions for previous permitting requirements (The Oasis), with the most recent site inspection being conducted on March 27, 2013. During the OCC DRI permitting process, the gopher tortoise (Gopherus polyphemus), was documented to occur within the limits of the subject parcel. A Gopher Tortoise Incidental Take permit (ITP) was issued by FWC for the entire DRI, including the subject property, in November 1991. This permit authorizes the taking of gopher tortoises, their eggs, and their burrows within the land boundaries governed by the DRI Development Order for the life of the project. Florida Sandhill cranes (Grus canadensis pratensis) have been documented throughout the OCC DRI project area on previous site inspections. No Sandhill cranes were observed during the March 27, 2013 site inspection, which falls within the typical nesting season for this species. No permitting requirements are anticipated for this species.

6

4.0 WETLAND PERMITTING The proposed development plan for Osceola Crossing will result in permanent impacts to 8.73± acres of wetlands (Figure 5). The Project Wetland and Other Surface Water Summary Tables 1-3 are provided in Exhibit A. Three wetlands identified as W-17A, W17-B and W-25 are proposed for impact under this application. Proposed wetland impacts include 2.37± acres to W-17A, 3.94± acres to W17-B and 2.42± acres to W-25. Each of these wetlands are currently under a Conservation Easement dedicated to SFWMD, as required in a previous Environmental Resource Permit (ERP) modification (Application No. 970718-2). At the time of conceptual permitting, specific development plans for the individual development parcels were not known. Due to the location and the characteristics of these wetlands within the Osceola Crossing project site, preserving and incorporating the subject wetlands into the post-development condition would achieve little in terms of environmental benefit. As such, the applicant intends to provide regionally significant mitigation in the form of mitigation banking credits from the Reedy Creek Mitigation Bank (RCMB).

4.1 Cumulative Impacts The Osceola Crossing project site lies within the Shingle Creek Drainage Basin. The OCC DRI contains a total of 468.47± acres of on-site wetlands that were originally slated for preservation (Application No. 970718-2). The majority of these wetlands are associated with Mill Slough. These wetlands are recorded under a Conservation Easement. However, it should be noted that these wetlands were not recorded under the Conservation Easement as part of the original mitigation plan; no mitigation value was assigned to the preservation of these wetlands. The current proposed development of the project site will result in a total of 8.73± acres of wetland impacts. The mitigation plan includes the purchase of mitigation credits within the Reedy Creek Mitigation Bank (RCMB). The RCMB is located in the Reedy Creek Drainage Basin, and therefore the mitigation plan would be considered out-of-basin mitigation. However, the proposed 8.73± acres of wetland impacts represent less than 2% of the overall on-site wetlands associated with the OCC DRI project area. Therefore, it should be considered that 98% of the DRI wetlands, and in-basin wetlands, will remain preserved in the post-development condition. The functions provided by the wetlands proposed for impact include: forage for wetland-dependent species, cover and refuge, nesting opportunities and natural water storage and treatment. No listed species were documented within the wetlands. Site development will provide for replacement of water storage and treatment. On-site wetland preservation elsewhere within the DRI boundaries will preserve and maintain quality of both herbaceous and forested wetland systems. The DRI wetlands under preservation are part of larger contiguous wetland system associated with Mill Slough. The functions of Mill Slough will be preserved in the post-development condition and no cumulative impact should be incurred by the loss/impact to this system as has been incurred, or as anticipated with future projects.

7

The RCMB is a 3,520-acre mitigation bank located in Polk and Osceola Counties. The bank is located approximately nine (9) miles to the southwest of the project area approximately one (1) mile east of the town of Loughman. The RCMB property consists of regionally significant wetland and upland habitats that provides important water quality functions and critical habitat for a variety of wildlife. 4.2 Avoidance & Minimization of Wetland Impacts In determining whether to grant or deny a permit, the District shall consider whether practicable design modifications have been implemented to avoid or minimize wetland impacts and to balance the need for design modifications as compared to the environmental benefit those design modifications achieve. Deliberation was given to possible site layouts that provided for the intended onsite uses given the configuration of the parcel, the location, size and value of the wetlands and the need to provide efficient traffic circulation, adequate parking, and retail space. Three wetlands identified as W-17A, W-17B and W-25 within the Osceola Crossing project boundaries are proposed for impact under this application. The total impact area is 8.73± acres. Due to the location of W-17A, W-17B and W-25 and with consideration of the current function of these systems, preserving and incorporating the subject wetlands into the post-development condition would achieve little in terms of environmental benefit. Previous site plans for The Oasis (Application No. 050120-20) avoided additional wetland impacts to these systems. However, developable uplands lie along the west side of U.S. Highway 441, and it was determined that the existing access point and turn radius would need to be modified to allow for access to this parcel that conforms with Florida Department of Transportation (FDOT) traffic standards. Further evaluation of project design to include this additional acreage into the original project area of the previously permitted project known as The Oasis resulted in the determination that redesign of the infrastructure and stormwater ponds would also be necessary to facilitate development of the parcel in accordance with regulatory standards. Due to the size and degraded quality of the wetlands from historic impacts from the construction of U.S. Highway 441, these wetlands provide only limited habitat value to wildlife. If left un-impacted in the post-development condition, these wetland areas would be surrounded by high intensity retail and commercial development, resulting in the wetlands being even less functional that in the current condition, providing little to no habitat value for wildlife. The functional value of the wetlands would be further exacerbated by their location immediately adjacent to two high intensity roadways. Two of the wetlands proposed for impact (W-17A and W-17B) are man-made systems. The SCS soils book identifies these areas as “water”. This designation is due to the area being shallow borrow pits. A review of historic aerial photographs shows a distinct rectangular area (see 1995 Google aerial photograph in Figure 6). This borrow pit was bisected by construction of Centerview Boulevard in 1999 (see Google aerial in Figure 7). This road divided wetland W-17 into the two tracts designated as W-17A and W-

8

17B. Wetland W-17A has recruited slash pine and some desirable herbaceous species. Wetland W-17-B has a large area of open water in the western portion of the system. The lack of vegetative recruitment across the pit is likely due to historical disturbance and soil conditions. The applicant proposes to provide regionally significant mitigation in the form of mitigation banking credits from RCMB. Impact to wetland W-25 is proposed to a narrow point of the larger wetland system that is contiguous off-site to the south. The impact area receives less inundation than the remainder of the wetland; this is reflected by the vegetative community. The main portion of this larger wetland that occurs off-site is dominated by cypress. The narrow point of wetland W-25 that occurs on-site is dominated by a mix of wetland and transitional hardwood species with some scattered cypress. Due to the current characteristics of this wetland point reflecting obvious edge effects and hydrologic impacts, it is likely that secondary impacts from adjacent retail development would further substantially decrease the wetland’s value. The applicant proposes to purchase mitigation from a regionally significant mitigation bank to offset the proposed wetland impacts It is generally accepted that the consolidation of multiple mitigation projects into larger contiguous areas such as the RCMB provides greater assurance that the mitigation will yield long-term, sustainable, regional ecological benefits. The use of the RCMB would thus provide greater ecological benefit than long-term preservation of the wetlands proposed for impact. The proposed site plan, therefore, clearly represents the best balance considering the myriad of factors that had to be considered in terms of site planning, traffic circulation efficiency, parking, and impact.

4.3 Conservation Easement Amendment

A conservation easement encumbering wetlands W-17A, W-17B and W-25 was granted in favor of SFWMD and has been recorded in the official records of Orange and Osceola Counties on February 8, 2000. A conservation easement amendment will be required to remove this encumbrance prior to wetland impact. An unexecuted draft of the Amendment of Conservation Easement is included as Exhibit C.

5.0 WETLAND MITIGATION The proposed development plan will result in permanent impacts to 8.73± acres of wetlands. In order to determine the amount of mitigation required to compensate for these impacts, the Uniform Mitigation Assessment Method (UMAM) was applied to each impact area (Exhibit B). The UMAM analysis resulted in the calculation that the 8.73± acres of proposed wetland impacts will result in 3.66± units of Functional Loss, presented in Table 1 below. Therefore, 3.66 UMAM credits are proposed as mitigation for the anticipated wetland impacts.

9

Table 1. UMAM Summary Wetland Acreage Delta Functional Loss W-17A 2.37 0.40 0.95 W-17B 3.94 0.40 1.58 W-25 2.42 0.47 1.13 Totals 8.73 3.66

The applicant anticipates that wetland impacts to W-17B will occur at a separate time from impacts to W-25 and W-17A. It is therefore requested that the Special Conditions of the ERP allow for the proportionate share of required mitigation credits be purchased prior to each associated wetland impact.

5.1 Erosion & Sediment Control The applicant will implement and maintain erosion and sediment control measures both prior to and during the proposed project. This practice will insure that no adverse water quality impacts to receiving waters and adjacent lands will occur during the proposed work. Control measures will retain sediment on-site and help prevent violations of State standards. Practices incorporated will be in accordance with Chapter 6 of the Florida Land Development Manual: A guide to Sound Land and Water Management.

6.0 SUMMARY Osceola Crossing is a 77.94± acre project site generally located northwest of the intersection of U.S. Highway 441 (Orange Blossom Trail; 17/92) and Osceola Parkway in Kissimmee, Florida. A 56.23± acre portion of the project was previously permitted by SFWMD as a commercial/retail development known as The Oasis (Application No. 050120-20). Current land development plans propose an expansion of the retail development to include additional acreage along the eastern project boundary adjacent to U.S. Highway 441. This ERP application seeks authorization for conceptual approval for 8.73± acres of wetland impacts to facilitate the proposed commercial/retail development. The wetlands proposed for impact are currently under a recorded Conservation Easement; partial release of the CE will be required to facilitate the proposed development. Mitigation for wetland impacts is proposed through purchase of 3.66 mitigation credits within RCMB.

FIGURES

OSCEOLA PKWY

JOHN

YOUN

G PK

WY

ORAN

GE B

LOSS

OM TR

ORAN

GE B

LOSS

OM TR

AIL

OCC - Osceola CrossingEnvironmental Resource Permit ApplicationFigure 1 - Location Map Section 3, T25S, R29EOsceola County, Florida

E

Note: Background is USGS Topographic Map (Kissimmee Quadrangle) obtainedfrom the FDEP Land and Boundary Information System (LABINS) in the form of a raster image file (mrg3512.tif). Online: http://data.labins.org/2003/

The Oasis Property BoundaryAdditional Project Area

Modica & Associates302 Mohawk RoadClermont, Florida 34715Phone: (352) 394-2000Fax: (352) 394-1159www.ModicaAndAssociates.com

1,250 0 1,250625Feet

Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX,Getmapping, Aerogrid, IGN, IGP, and the GIS User Community

OCC-Osceola CrossingEnvironmental Resource Permit ApplicationFigure 2 - Aerial MapSection 3, T25S, R29EOsceola County, Florida

Ë

The Oasis Project BoundaryAdditional Project Acreage

Notes: * Project Boundaries based on AutoCAD drawing obtained from Harris Civil Engineers.

MODICA & ASSOCIATES302 Mohawk RoadClermont, Florida 34715Phone: (352) 394-2000Fax: (352) 394-1159Email: Environmental@Modica.ccwww.ModicaAndAssociates.com

600 0 600300Feet

OSCEOLA PKWY

ORAN

GE BL

OSSO

M TR

Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX,Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

OCC- Osceola Corporate CrossingEcological Site AssessmentFigure 3 - Soils MapSection 3, T25S, R29EOsceola County, Florida

Ë

SoilsMUNAME

ARENTS, 0 TO 5 PERCENT SLOPESBASINGER FINE SANDBASINGER FINE SAND, DEPRESSIONALMYAKKA FINE SANDPLACID FINE SAND, DEPRESSIONALWATER

Notes: * Parcel boundaries based on Lake County Property Appraiser parcels coverage (Parcel_Data.shp).* Project Footprint based on AutoCAD drawing obtained from Primax via email 3.29.12 (REC Site Plan.dwg).

MODICA & ASSOCIATES302 Mohawk RoadClermont, Florida 34715Phone: (352) 394-2000Fax: (352) 394-1159Email: Environmental@Modica.ccwww.ModicaAndAssociates.com0 0.055 0.11 0.165 0.220.0275

Miles

OSCEOLA PKWY

ORAN

GE BL

OSSO

M TR

Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX,Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

OCC- Osceola Corporate CrossingEcological Site AssessmentFigure 4 - Land Use MapSection 3, T25S, R29EOsceola County, Florida

Ë

Land UseDescription

Existing RoadFreshwater MarshHydric Pine FlatwoodsMixed Wetland HardwoodsPine FlatwoodsOCrossing_Boundary

Notes: * Parcel boundaries based on Lake County Property Appraiser parcels coverage (Parcel_Data.shp).* Project Footprint based on AutoCAD drawing obtained from Primax via email 3.29.12 (REC Site Plan.dwg).

MODICA & ASSOCIATES302 Mohawk RoadClermont, Florida 34715Phone: (352) 394-2000Fax: (352) 394-1159Email: Environmental@Modica.ccwww.ModicaAndAssociates.com0 0.05 0.1 0.15 0.20.025

Miles

PO

ND

3

09

A

6.6

0 A

CR

ES

@

NW

L o

f 8

3.0

0

35.5

KR

ETA

IL

RE

TAIL

55K

50K

RE

TAIL

PR

OP

OS

ED

PR

OP

OS

ED

PR

OP

OS

ED

5KR

ES

TAU

RA

NT

PR

OP

OS

ED

3.8K

3.5K

2K

5K

5K

4K

2K

RE

TAIL

72K

PR

OP

OS

ED

42K

17K

RE

TAIL

PR

OP

OS

ED

13K

5K

3K

PR

OP

OS

ED

8.5K

RE

TAIL

5K

4K

8.5K

5K 5K 5K

15K

PO

ND

6

00

4.4

5 A

CR

ES

@ N

WL

o

f

83

.0

0

PO

ND

3

09

B

3.0

3 A

CR

ES

@ N

WL

o

f

82

.7

5

RE

STA

UR

AN

TP

RO

PO

SE

D

WETLAND IMPACTSEXHIBIT

AR

EA

C

AL

CU

LA

TIO

NS

LOT

1 64

.668

AC

RE

SLO

T 2

3.92

6 A

CR

ES

WE

TLA

ND

17A

: 2.3

7 A

CR

ES

(MIT

IGA

TIO

N A

RE

A)

WE

TLA

ND

17B

: 3.9

4 A

CR

ES

(MIT

IGA

TIO

N A

RE

A)

WE

TLA

ND

25:

2.4

2 A

CR

ES

(MIT

IGA

TIO

N A

RE

A)

Offs

ite D

rain

age

(TU

RN

LA

NE

S):

0.62

Acr

es

TO

TA

L A

RE

A:

77

.9

44 A

CR

ES

WE

TLA

ND

25

BU

FFE

R (2

5' B

UFF

ER

): 0.

91 A

CR

ES

WE

TLA

ND

17B

BU

FFE

R (2

5' B

UFF

ER

): 2.

20 A

CR

ES

WE

TLA

ND

25

BU

FFE

R (5

0' B

UFF

ER

): 0.

74 A

CR

ES

WE

TLA

ND

17B

BU

FFE

R (5

0' B

UFF

ER

): 1.

90 A

CR

ES

AR

EA

OF

PA

RC

EL

IN W

ETL

AN

D 2

5: 0

.193

AC

RE

S

TO

TA

L A

RE

A W

IT

HIN

T

HE

L

IM

IT

S O

F C

ON

ST

RU

CT

IO

N: 7

2.0

01

A

CR

ES

EXHIBIT A

TA

BL

E 1

. P

RO

JEC

T W

ET

LA

ND

(W

L)

AN

D O

TH

ER

SU

RF

AC

E W

AT

ER

(S

W)

SU

MM

AR

Y

MIT

IGA

TIO

NW

L &

SW

IMP

AC

T

IMP

AC

TW

L &

SW

IM

PA

CT

IMP

AC

T

IDT

YP

ES

IZE

CO

DE

TY

PE

SIZ

EC

OD

E

W-1

7A62

52.

370

0.00

n/a

n/a

n/a

625

2.37

FO

ffsite

Miti

gatio

n

W-1

7B64

13.

940

0.00

n/a

n/a

n/a

641

3.94

FO

ffsite

Miti

gatio

n

W-2

561

72.

420.

00n/

an/

an/

a61

72.

42F

Offs

ite M

itiga

tion

Pon

d 60

053

41.

750.

00n/

an/

an/

a53

41.

75F

n/a

Tot

als

10.4

80.

0010

.48

Com

men

ts:

FL

UC

FC

S -

Flo

rida

Lan

d U

se, C

over

and

For

ms

Cla

ssif

icat

ion

Sys

tem

CO

DE

S (

mul

tipl

e en

trie

s pe

r ce

ll n

ot a

llow

ed):

Wet

land

Typ

e: f

rom

an

esta

blis

hed

wet

land

cla

ssif

icat

ion

syst

em (

see

Sec

tion

E, 1

11b.

)Im

pact

Typ

e: D

=dr

edge

; F=

fill

; H=

chan

ge h

ydro

logy

; S=

shad

ing;

C=

clea

ring

; O=

othe

rR

evie

wer

: ___

____

____

____

____

____

____

____

____

_F

OR

M N

UM

BE

R 4

0C-4

.900

(1)

*Inc

lude

s se

cond

ary

impa

cts

due

to f

unct

iona

l los

s in

uni

mpa

cted

are

as o

f W

-9

WL

& S

WID

WL

& S

WT

YP

EW

L &

SW

SIZ

E

WL

& S

WN

OT

IM

PA

CT

ED

TE

MP

OR

AR

Y W

L &

SW

IM

PA

CT

SP

ER

MA

NE

NT

WL

& S

W I

MP

AC

TS

Exh

ibit

1-E

RP

Tab

les

1-3.

XLS

Pag

e 1

of 1

TA

BL

E 2

: P

RO

JEC

T O

N-S

ITE

MIT

IGA

TIO

N S

UM

MA

RY

MIT

IGA

TIO

NID

AR

EA

TA

RG

ET

TY

PE

AR

EA

TA

RG

ET

TY

PE

AR

EA

TA

RG

ET

TY

PE

AR

EA

TY

PE

AR

EA

TA

RG

ET

AR

EA

TA

RG

ET

NO

T

AP

PL

ICA

BL

E

PR

OJE

CT

TO

TA

LS

:0.

000.

000.

000.

00.

00.

00

Com

men

ts:

CO

DE

S (

mul

tipl

e en

trie

s pe

r ce

ll n

ot a

llow

ed):

Tar

get T

ype

or T

ype

= ta

rget

or

exis

ting

hab

itat

type

fro

m a

n es

tabl

ishe

d w

etla

nd c

lass

ific

atio

n

syst

em o

r la

nd u

se c

lass

ific

atio

n fo

r no

n-w

etla

nd m

itig

atio

n

Impa

ct T

ype:

D=

dred

ge; F

=fi

ll; H

=ch

ange

hyd

rolo

gy; S

=sh

adin

g; C

=cl

eari

ng; O

=ot

her

Rev

iew

er: _

____

____

____

____

____

____

____

____

___

FO

RM

NU

MB

ER

40C

-4.9

00(1

)

OT

HE

R (

Lit

tora

l Sh

elf)

UP

LA

ND

PR

ES

ER

VA

TIO

N

CR

EA

TIO

N

RE

ST

OR

AT

ION

EN

HA

NC

EM

EN

TW

ET

LA

ND

PR

ES

ER

VA

TIO

N

TA

BL

E 3

: P

RO

JEC

T O

FF

-SIT

E M

ITIG

AT

ION

SU

MM

AR

Y

MIT

IGA

TIO

NID

AR

EA

TA

RG

ET

TY

PE

AR

EA

TA

RG

ET

TY

PE

AR

EA

TA

RG

ET

TY

PE

AR

EA

TY

PE

AR

EA

TA

RG

ET

AR

EA

TA

RG

ET

RC

MB

3.66

CR

ED

ITS

PR

OJE

CT

TO

TA

LS

:0.

000.

000.

000.

000.

003.

66

Com

men

ts:

CO

DE

S (

mul

tipl

e en

trie

s pe

r ce

ll n

ot a

llow

ed):

Tar

get T

ype

or T

ype

= ta

rget

or

exis

ting

hab

itat

type

fro

m a

n es

tabl

ishe

d w

etla

nd c

lass

ific

atio

n

syst

em o

r la

nd u

se c

lass

ific

atio

n fo

r no

n-w

etla

nd m

itig

atio

n

Impa

ct T

ype:

D=

dred

ge; F

=fi

ll; H

=ch

ange

hyd

rolo

gy; S

=sh

adin

g; C

=cl

eari

ng; O

=ot

her

Rev

iew

er: _

____

____

____

____

____

____

____

____

___

FO

RM

NU

MB

ER

40C

-4.9

00(1

)

UP

LA

ND

PR

ES

ER

VA

TIO

N

OT

HE

R

C

RE

AT

ION

R

ES

TO

RA

TIO

N E

NH

AN

CE

ME

NT

WE

TL

AN

DP

RE

SE

RV

AT

ION

EXHIBIT B

EXHIBIT C

Amendment of CE – July, 2001 1 of 3

Permit: 49-00477-S Tract: _____________

AMENDMENT OF CONSERVATION EASEMENT This Amendment of Conservation Easement (“Amendment of Conservation Easement”) is made this ___ day of _______________, 20__ by the SOUTH FLORIDA WATER MANAGEMENT DISTRICT (“District”) having an address of 3301 Gun Club Road, West Palm Beach, Florida 33406 and a mailing address of Post Office Box 24680, West Palm Beach, Florida 33416-4680.

WITNESSETH: WHEREAS, Deerfield Land Corporation granted in favor of the District that certain Deed of Conservation Easement dated February 8, 2000 and recorded in Official Record Book ______ at Page ______ of the Public Records of Orange County, Florida (hereinafter referred to as the “Conservation Easement”) encumbering the real property described on Exhibit “A” attached hereto and made a part hereof (hereinafter referred to as the “Original Premises”); and

WHEREAS, the District has been requested to amend the conservation easement to release the Conservation Easement with respect to only that portion of the Original Premises described on Exhibit “B” attached hereto and made a part hereof (hereinafter referred to as the “Release Parcel”); and WHEREAS, the District is amenable to amending the conservation easement to release the Conservation Easement only with respect to the Release Parcel. WHEREAS, on April 12, 2001, the Governing Board of the District issued Resolution No. 01-34, delegating to the Executive Director, Deputy Executive Director or equivalent, and General Counsel the authority to amend conservation easements that have been conveyed to the District in connection with the District’s issuance of permits. NOW, THEREFORE, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the District hereby amends the conservation easement to discharge, terminate and release the Conservation Easement with respect to only the Release Parcel, without impairing the operation and effect of the Conservation Easement as to the remainder of the original premises which are not contained within the Release Parcel, (the original Premises less and except the Release Parcel is hereinafter referred to as the “Remainder Premises”). The Conservation Easement shall remain in full force and effect with respect to the Remainder Premises and shall remain unaffected by this Amendment of Conservation Easement. All references in the Conservation Easement to “Property” shall hereafter mean and refer to the Remainder Premises.

Amendment of CE – July, 2001 2 of 3

IN WITNESS WHEREOF, the South Florida Water Management District has caused this Amendment of Conservation Easement to be executed in its name and its official seal affixed hereto by ___________________________, Deputy Executive Director and attested by its Assistant Secretary, this _________ day of _______________, 200__.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

By: ____________________________________ ____________________________________,

Deputy Executive Director (Corporate Seal) ATTEST: __________________________ __________________________, Assistant Secretary STATE OF FLORIDA COUNTY OF _______________________ The foregoing instrument was acknowledged before me this _______day of _______________, 200__ by ________________________, Deputy Executive Director of the South Florida Water Management District, a public corporation of the State of Florida, on behalf of the corporation, who is personally known to me. ____________________________________ Notary Public

____________________________________ Print My Commission Expires: ______________ LEGAL FORM APPROVED BY OFFICE OF COUNSEL, May, 2001

Amendment of CE – July, 2001 3 of 3

OWNER: ____________________________________ Print Name __________________________ WITNESSES: ______________________________ Print Name: ____________________ ______________________________ Print Name: ____________________ STATE OF FLORIDA COUNTY OF ________________________ The foregoing instrument was acknowledged before me this ________ day of ________________, 200__ by ________________________________, who is personally known to me or who has produced ________________________________ as identification. ____________________________________ Notary Public ____________________________________ Print Name My Commission Expires: ______________