RYD INTERNATIONAL, LLC HICKORY BLVD BONITA SPRINGS, FL FOLIO # S &

Transcription

1 RYD INTERNATIONAL, LLC HICKORY BLVD BONITA SPRINGS, FL FOLIO # S & SITE ASSESSMENT APRIL 2018 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE NAPLES, FL 34104

2 Table of Contents 1 Introduction Site Description Vegetation Associations Soils Wildlife Jurisdictional Wetlands Permitting Conclusion... 9

3 1 Introduction Turrell, Hall & Associates, Inc. (THA) has conducted a preliminary site evaluation and due diligence into the feasibility of permitting a small single family residential development on a large parcel located at Hickory Blvd, Bonita Springs, FL within Section 31, Township 47 S, and Range 25E of Lee County, Florida. The subject parcel is identified by Strap # B & folio # and is approximately acres in size. The property is also located within the Estero Bay Aquatic Preserve. In addition to this parcel, the adjoining parcel Strap # B & Folio # is owned by the same entity and could be used as additional mitigation for the impacts associated with the proposed residential development. The goals of the assessment were: To map and identify existing vegetative communities on the property To estimate the extent of state and federal jurisdictional wetlands To research the presence or absence of state and federal listed species To assess the feasibility and environmental permitting requirements to create up to five (5) single-family residential lots To estimate the permitting and mitigation costs associated with establishing the development. This report documents the findings of the assessment in order to establish a wetland boundary (if present) based on Chapter , F.A.C. and the Wetlands Regulatory Assistance Program Regional Supplement to the COE Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (ver. 2.0). This evaluation did not include a Phase I Environmental Site Assessment that may be necessary for the reduction of liability for hazardous materials under the provisions of Federal Comprehensive Environmental Response, Compensation and Liability Act. This assessment did not research deed restrictions, easements, or other encumbrances that might be present and could affect the development of the property. The assessment also did not include surveys which will be needed to establish boundary lines and the limits of privately held versus submerged sovereign lands. This assessment was limited to environmental permitting factors and associated costs and is presented solely to assist with the planning process. 2

4 2 Site Description This project site is comprised of one vegetative community: Mangrove Swamp and the soil type within this community is mapped as Wulfert Muck, which is a hydric soil that makes up the entire site. A small disturbed linear feature was noted that could be the remnants of an old berm feature that has been revegetated. FLUCFCS Codes The Florida Land Use, Cover, and Forms Classification System (FLUCFCS) manual was used to classify all of the vegetative communities occurring within the site boundaries. The attached FLUCFCS exhibit shows the subject property, its vegetative cover, and depicts the approximate limits of the wetland and upland areas. A general description is provided below in Table 1 along with any site-specific nuances that may be relevant to the assessment. Table 1: FLUCFCS code and description of community type found within the project site FLUCFCS Code Description Acres Jurisdictional Wetlands 612 Mangrove Swamp Yes Mangrove Swamp (off-site) Total: Vegetation Associations Vegetative communities in Florida designated as Mangrove Swamp typically occur in such a way that either red mangroves and/or black mangroves dominate the canopy and midstory growth while sea purslane mangrove seedlings make up the majority of the understory. A list of observed plant species within both communities can be found below in Table 2. Table 2: Commonly observed species found within the project site: Red Mangrove Rhyzophora mangle C Black Mangrove Avicennia germinans C White Mangrove Laguncularia racemosa M Brazilian Pepper Schinus terebinithifolius M & C Leather Fern Acrostichum spp. G Sea Purslane Sesuvium maritimum G C = Canopy M = Midstory G = Groundcover V = Vine 3

5 2.2 Soils According to the United States Department of Agriculture (USDA), there is only one type of soil mapped within the project site. Wulfert Muck, which is a hydric soil and is mapped as making up the entire property. This soil can be problematic when contemplating development due to its very low permeability and compaction rates. It is usually incompatible with roadway and residential construction without additional stabilization measures. 2.3 Hydrologic Indicators Hydrological indicators were observed throughout the entire site in the form of tidal water, aquatic trees and plants, and water marks on the prop roots and trunks of trees. The muck soil is also a hydrological indicator in and of itself. 4

6 3 Wildlife Endangered Wildlife Species is defined as any species of fish or wildlife naturally occurring in Florida, whose prospects of survival are in jeopardy due to modification or loss of habitat; overutilization for commercial, sporting, scientific or educational purposes; disease; predation; inadequacy of regulatory mechanisms; or other natural or manmade factors affecting its continued existence (FS ). Threatened species include any species of fish or wildlife naturally occurring in Florida which may not be in immediate danger of extinction, but which exists in such small populations as to become endangered if it is subjected to increased stress as a result of further modification of its environment. Species of Special Concern are animals that: 1) Have a significant vulnerability to habitat modification, environmental alteration, human disturbance, or human exploitation which, in the foreseeable future, may result in its becoming a threatened species unless appropriate protective or management techniques are initiated or maintained, 2) Data are limited or lacking, 3) May occupy such an unusually vital or essential ecological niche that should it decline significantly in numbers or distribution other species would be adversely affected to a significant degree, 4) Has not sufficiently recovered from a past population depletion. Taking into account the location and condition of the property, and conversations with state and federal agency personnel, listed wildlife species that could potentially be found on or around the site include: Common Name Scientific Name Status West Indian Manatee Trichechus manatus FE Florida Bonneted Bat Eumops floridanus E Reddish Egret Egretta refescens SSC Little Blue Heron Egretta caerulea SSC Wood Stork Mycteria americana E Tri-color Heron Egretta tricolor SSC Osprey Pandion haliaetus SSC Roseate spoonbill Platalea ajaja SSC Smalltooth Sawfish Pristis pectinate FE Loggerhead Sea Turtle Caretta caretta FT Hawksbill Sea Turtle Eretmochelys imbricate FE Leatherback Sea Turtle Dermochelys coriacea FE A full blown Threatened and Endangered Species survey was not done and may not be required due to the existing conditions of the property and existing surrounding developments. During the 5

7 site visit several wading birds were observed foraging along the shoreline and it is anticipated that use will not be adversely affected by the proposed development. No wading bird roosts were observed. Any docks considered for the residences will be required to address potential impacts to manatees and smalltooth sawfish. These considerations might dictate the size of the dock structures allowed but will not prohibit the residences from having docks. 4 Jurisdictional Wetlands The wetlands definition in Chapter (19), F.A.C. states that Florida wetlands are those areas inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. The methodology used to delineate a wetland boundary as described in Chapter , F.A.C. uses a series of tests in order to determine the presence of a wetland. On part of this site, this definition was met. This site can be characterized as being composed of one vegetative community of which is considered to be a hydric community. The site can also be characterized as being composed primarily of one soil type which is considered hydric. With the presence of wetland vegetation and wetland soils onsite the property is considered to be a wetland. One consideration that cannot be determined without a survey is the actual extent of privately held versus sovereign submerged lands. A Mean High Water Line (MHW) survey will be required to verify the approximation estimated for the purposes of this assessment. 6

8 5 Planning & Permitting It is the determination of THA that this property meets the definition of a wetland and therefore, any impacts to the site would require a permit from the South Florida Water Management District (SFWMD) and U.S. Army Corps of Engineers (USACE) with respect to impacts to wetlands. Additionally, mitigation and civil engineering would be required to move forward with development on this site. An Individual Environmental Resource Permit will be required from the SFWMD to impact the site which could take between 9 to 12 months to acquire. Based on the Florida Statutes and Florida Administrative Code, minimization of wetland impact is required when planning to develop a parcel. Avoiding wetlands on this site to put in any development is not possible so minimization becomes an extremely important factor. A small development on less than 5 acres would represent less than 10% of the project site and should meet the minimization standards. Mitigation for the impacts, as addressed below, would then be required. A permit from the USACE for wetland and habitat impact will also be required. Additionally, the USACE coordinates with wildlife agencies, such as the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS), regarding listed species which can include but are not limited to the manatee, sawfish, and Florida bonneted bat, as well as wading birds and other species. There is a public notice associated with this permit process which allows the public, adjacent owners, and commenting agencies an opportunity to review the project and provide comments. Once any comments have been addressed the USACE can issue a permit. This process can take 1-2 years for full coordination and review. Both the State and Federal review agencies will require mitigation for any proposed impacts. The amount of mitigation required is determined through a mathematical calculation that compares the condition of the wetland to a perfect wetland of the same type. This Mitigation assessment is called Uniform Mitigation Assessment Methodology (UMAM). UMAM takes into consideration the sites location in reference to connectivity to off-site wetlands, water environment based on the type of habitat present and how it should function, and community structure in terms of exotic infestation and appropriate species per the habitat type. Based on this method, the site is projected to score approximately 0.8 for the wetlands in their current shape. Direct impacts result in the value dropping to 0 while secondary impacts do not completely eliminate the wetland but do diminish its value to a lesser score. The mitigation required for the proposed development area and access road was estimated by multiplying the impact area in acres by the impact area s score. Note that this calculation must be done for both direct impacts and secondary impacts. For this project there will be approximately 3 acres of proposed direct impacts and 1.0 acre of secondary impacts resulting from the project. Direct impact mitigation can be calculated with 3 acres x 0.8 credits per acre = 2.4 credits and secondary impact mitigation can be calculated with 1 acre x 0.4 credits per acre = 0.4 credits. Adding the direct requirement (2.4 credits) to the secondary requirement (0.4 credit) gives us a total credit loss of 2.8 credits. 7

9 There are two mitigation alternatives to explore with respect to meeting the mitigation requirement for this site. The first is a payment to a wetland mitigation bank. Many times the agencies prefer this alternative because it provides already realized benefits to offset the impacts and there is no need to police the development to insure that the requirement is met. Mitigation credits have a cost of $160,000.00/credit so the 2.8 credits estimated as required for this project would cost approximately $448,000. The second alternative would be to place additional acreage under a conservation easement or donate the land to an appropriate management entity (such as the City. County, or State). Credit value of easement lands would be determined at the same time as the impact calculations for the development site. It is estimated that value would be approximately 0.03 to 0.05 credits per acre which would equate to a conservation acreage need of between 56 to 93 acres. A long term funding mechanism would also be required to be set up to insure the agencies that the property will be maintained as a preserve in perpetuity. This is usually in the form of an escrow account that generates funds on an annual basis to cover the maintenance needs. It is difficult to estimate this amount but assuming a $100/acre need on an annual basis, a preserve of 60 acres, then $6,000/year will be needed. Assuming an annual return of 2% on an escrow account then approximately $300,000 would need to be put into the fund to generate the $6,000/year. Additional assurances could also be required by the agencies which can include periodic (3 or 5 year) monitoring reports, title insurance documentation, or Phase I environmental assessments. Additional permitting costs will include civil engineering and storm water management along with the environmental permitting with the state and federal agencies. Planning and zoning for local approvals will be needed in addition to the state and federal permitting. THA has estimated the environmental permitting cost to be in the range of $35, $50, Based on conversations and coordination with local civil engineering firms, cost for planning, surveys, and storm water engineering is estimated to be in the range of $125, $150,

10 6 Conclusion The entire site will be considered wetlands by the state and federal permitting agencies. It will be impossible to develop any portion of the site without wetland impacts. The type of wetland (mangroves) has special protections in place over and above the normal freshwater wetlands. Impacts will need to be minimized to the maximum extent practicable to still have a viable project. A thorough alternative sites analysis will be needed as will minimization measures to get permits issued. A MHW line survey will be an early requirement should the project move forward. Pre-application meetings with the state, federal, and local permitting entities is recommended. Entitlement costs to develop a small portion of the site could run in excess of $1,000,000. Timing to achieve all the necessary permits could take between 18 and 24 months. 9