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HomeMy WebLinkAbout20-178OR BOOK 4465 PAGE 1279 Florida, that: RESOLUTION 2020-178 A RESOLUTION ACCEPTING A CONSERVATION EASEMENT AND PRESERVE AREA MONITORING AND MANAGEMENT PLAN (PAMMP) ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing Conservation Easement and Preserve Area Monitoring and Management Plan (PAMMP) from Harbour Ridge Property Owners' Association, Inc. are duly accepted on behalf of St. Lucie County this 18th day of August, 2020. ATTEST: Deputy r BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA i By: - i(ieE Chair APPROVED AS TO FORM AND CORRECTNESS: By: JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 4745392 OR BOOK 4465 PAGE 1262, Recorded 08/24/2020 02:26:45 PM DEED OF CONSERVATION EASEMENT Prepared by: Jane L. Cornett, Esq. Becker & Poliakoff, P.A. 759 SW Federal Highway, Suite 213 Stuart, FL 34994 Return original or certified recorded document to: St. Lucie County Board of County Commissioners 2300 S. Virginia Avenue Fort Pierce, FL 34982 THIS DEED OF CONSERVATION EASEMENT is given this �,h day of A OS+ .20Q,a, by Harbour Ridge Property Owners' Association, Inc. ("Grantor") whose mailing address is 12600 Harbour Ridge Blvd., Palm City, Florida 34990 to St. Lucie County Board of Count Commissioners {"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 "Conservation Easement Area" (as hereinafter defined) and the term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the fee simple owner of certain lands situated in St. Lucie County, Florida, and more specifically described on the location map in Exhibit "A" attached hereto and incorporated herein (the "Property'); and saMs WHEREAS, Permit No. 1 Oa0 �gc35(ols("Permit") and any modifications thereto issued by the Grantee authorizes certain activities which could affect wetlands or other surface waters in or of the State of Florida; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit or other good and valuable consideration provided to Grantor, is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes (F.S.), over the area of the Property described on Exhibit "B" ("Conservation Easement Area"); and Form 62-330.301(8) — Deed of Conservation Easement - Standard Incorporated by reference in paragraph 62-330.301(6)(a), F.AC. (10-1-2013) Page 1 of 5 OR BOOK 4465 PAGE 1263 WHEREAS, Grantor grants this Conservation Easement as a condition of the Permit, solely to off -set or prevent adverse impacts to natural resources, fish and wildlife, and wetland functions; and WHEREAS, Grantor desires to preserve the Conservation Easement Area in perpetuity in its natural condition, or, in accordance with the Permit, in an enhanced, restored, or created condition; and 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 provided to the Grantor, the adequacy and receipt of which are hereby acknowledged, Grantor hereby voluntarily grants, creates, conveys, and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the area of the Property described on Exhibit "B" which 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. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. 2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their existing, natural, vegetative, hydrologic, scenic, open or wooded condition and to retain such areas as suitable habitat for fish, plants, or wildlife in accordance with Section 704.06, F.S. Those wetland and upland areas included in this Conservation Easement which are to be preserved, enhanced, restored, or created pursuant to the Permit (or any modification thereto) and the Preserve Area Monitoring and Maintenance Plan (the "Plan") attached hereto as Exhibit "C" which has been approved in writing by the Grantee, shall be retained and maintained in the preserved, enhanced, restored, or created condition required by the Permit (or any modification thereto). To cant' out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Conservation Easement Area at reasonable times with any necessary equipment or vehicles to inspect, determine compliance with the covenants and prohibitions contained in this easement, and to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Conservation Easement Area by Grantor at the time of such entry; and b. To proceed at law or in equity to enforce the provision of this Conservation Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein, and to require the restoration of such areas or features of the Conservation Easement Area that may be damaged by any activity or use that is inconsistent with this Conservation Easement. 3. Prohibited Uses. Except for activities that are permitted or required by the Permit (or any modification thereto) (which may include restoration, creation, enhancement, maintenance, and monitoring activities, or surface water management improvements) or other activities described herein, in the Plan or utility lines, poles and equipment that predates this Deed of Covenants Easement as shown in Exhibit D or any rights existing for any utility by virtue of an easement recorded prior to this Deed (if any), any activity on or use of the Conservation Easement area inconsistent with the purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following activities are expressly prohibited in or on the Conservation Easement area: 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; Form 62-330.301(8) — Deed of Conservation Easement - Standard Incorporated by reference in paragraph 62-330.301(6)(a), FA.C. (10-1-2013) Page 2 of 5 OR BOOK 4465 PAGE 1264 C. Removing, destroying or trimming trees, shrubs, or other vegetation, except: i. The removal of dead trees and shrubs or leaning trees that could cause damage property is authorized; ii. The destruction and removal of noxious, nuisance or exotic invasive plant species as listed on the most recent Florida Exotic Pest Plant Council's List of Invasive Species is authorized; iii. Activities authorized by the Permit or the Plan or otherwise approved in writing by the Grantee are authorized; and iv. Activities conducted in accordance with a wildfire mitigation plan developed with the Florida Forest Service that has been approved in writing by the Grantee are authorized. No later than thirty (30) days before commencing any activities to implement the approved wildfire mitigation plan, Grantor shall notify the Grantee in writing of its intent to commence such activities. All such activities may only be completed during the time period for which the Grantee approved the plan; V. Activities conducted as reasonably necessary to maintain utility service as in place before this Easement and reflected in Exhibit D. 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, restored, enhanced, or created 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, clearing, and fencing; Acts or uses detrimental to such aforementioned retention of land or water areas; and h. Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties having historical, archaeological, or cultural significance. 4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Conservation Easement Area, including the right to engage or to permit or invite others to engage in ail uses of the Conservation Easement Area that are not prohibited herein and which are not inconsistent with the Permit (or any modification thereto), the Plan, or the intent and purposes of this Conservation Easement. 5. No Dedication. No right of access by the general public to any portion of the Conservation Easement Area is conveyed by this Conservation Easement. 6. Grantee's Liability. Grantee's liability is limited as provided in Subsection 704.06(10) and Section 768.28, F.S. Additionally, Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep, or maintenance of the Conservation Easement Area. 7. Enforcement. 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. Grantee shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Conservation Easement. 8. Taxes. When perpetual maintenance is required by the Permit, Grantor shall pay before delinquency any and all taxes, assessments, fees, and charges of whatever description levied on or assessed by competent authority on the Conservation Easement Area, and shall furnish the Grantee with satisfactory evidence of payment upon request. 9. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement. Form 62-330.301(8) — Deed of Conservation Easement - Standard incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (10-1-2013) Page 3 of 6 OR BOOK 4465 PAGE 1265 10. Severability. 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. 11. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Conservation Easement. 12. Written Notice. All notices, consents, approvals or other communications hereunder shall 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. 13. Modifications. 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 St. Lucie County, Florida. 14. Recordation. Grantor shall record this Conservation Easement in timely fashion in the Official Records of St. Lucie County, Florida, and shall rerecord it at any time Grantee may require to preserve its rights. Grantor shall pay all recording costs and taxes necessary to record this Conservation Easement in the public records. Grantor will hold Grantee harmless from any recording costs or taxes necessary to record this Conservation Easement in the public records. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Conservation Easement Area. Grantor hereby covenants with Grantee that Grantor is lawfully seized of said Conservation Easement Area in fee simple; that the Conservation Easement is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; all mortgages and liens on the Conservation Easement area, if any, 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 record title to the Conservation Easement Area hereby conveyed against the lawful claims of all persons whomsoever. ,I (�77 � ,l�Z1ttNC' IN WITNESS WHEREOF,AAQ DOF i, b(,� �'i 0t13t--V P`,�o�("Grantor") has hereunto set its authorized hand this day of 20-7D A Florida corporatiipn or i (choose one) ly (Signature) Name: _ ti� 1 C14I.h L - 7::�. (Print) Title: Signed, aled and delivered in our presence as witnesses: By: _ � 9 t4-,,, By: (Signature) ignature) Form 62-330.301(8) — Deed of Conservation Easement - Standard Incorporated by reference In paragraph 62-330.301(6)(a), F.A.C. (10-1-2013) Page 4 of 5 OR BOOK 4465 PAGE 1266 Name: 1lJSS I L ,ee (Print) STATE OF FLORIDA COUNTY OF "C.1)r::� STATE OF FLORIDA COUNTY OF 15 T, 1--OCA65 Name: -Fr Llct �. C � (P nt), The foregoing instrument was acknowledged before me by means of. physical presence or ❑ online notarization, this day of 2020, by MAP SL S, :SNLZ K -)D as - �CEE12 —of k1A�. flUR- Rl pbA t Inc.'W who is personally known to me or [ ] has produced as identification. Notary Seal ����,,,, SFNNiEY A. SAUNtEA Notary Signatu Y jw`,yi Notary pUblit • State of Florida Commission # GO 081648 ;�, •_ illy Comm, Expires Jan al. 2021 ,W Banded through Nat'+anal Mary Assn. Attest: E TY . Y Cp�� ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS f 10' i6e- CHAT. APPROVED AS TO FORM AND Form 62-330.301(8) — DeedofConservation Easement - Standard In394�orated by reference in paragraph 62-330.301(6)(a). F.A.C. (10-1-2013) Page 5 of 5 OR BOOK 4465 PAGE 1267 Exltibit "A" Property Description and Location Harbour Ridge Lakeside Activity Center Saint Lucre County, Florida PROPERZY DESCRIPTION MAINTENANCE AREA, HARBOUR RIDGE PLAT NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 24, PAGE 5, OF THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA. P� 7 M HW Serrlce Tr1 1116, L00A Rd f re, h NW lurn+ba4e En .,r �>J PROJECT c OWL OCATION Mlnrp tr, � 8d SE Becker sa nhb.4d Diva s�r� Seaman Cir Ch4dedpn Cir 5E Becker Rd Rb re-0.1, Ave sr, wn. ---------- ---- ---- --- ------- i 4 S4eel 1 of 1 ,tXL1UH OF PROPERTY DESCRIPPON jDrawn by: Checked by File name Date Scale Drawing Name "This is NOT a BoundarySurvey" DMT DMT 7541 4/17/20 NONE 7541-CE.dwg NOT VALID WITHOUT THE SIGNATURE AND Masteller, Moler & Taylor, Inc. THE ORIGIN AISED SEAL OF A FLORIDA LI S RVEYOR AND PER. PROFESSIONAL SURVEYORS AND MAPPERS LAND SURVEYING BUSINESS #4644 1555 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAYLOR P.L.S. 5243 OR BOOK 4465 PAGE 1268 Exhibit "B" Legal Description & Sketch for a Conservation Easement at the Harbour Ridge Lakeside Activity Center Saint Lucie County, Florida A PORTION OF THE MAINTENANCE AREA, HARBOUR RIDGE PLAT NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 24, PAGE 5, OF THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF THE SAID MAINTENANCE AREA; THENCE NORTH 19'02'42" WEST ALONG THE WESTERLY LINE OF SAID MAINTENANCE AREA, THE SAME BEING THE EASTERLY RIGHT OF WAY LINE OF GILSON ROAD AS SHOWN ON SAID HARBOUR RIDGE PLAT NO. 2 A DISTANCE OF 108.53 FEET, THENCE NORTH 803554" EAST A DISTANCE OF 18.50 FEET; THENCE NORTH 89'40'39" EAST A DISTANCE OF 35.31 FEET; THENCE SOUTH 40 20'11" EAST A DISTANCE OF 23.89 FEET; THENCE SOUTH 843151" EAST A DISTANCE OF 9.54 FEET, THENCE NORTH 5221'15" EAST A DISTANCE OF 10.73 FEET, THENCE NORTH 63*15,42" EAST A DISTANCE OF 27.73 FEET; THENCE NORTH 44'52'55" EAST A DISTANCE OF 20,34 FEET; THENCE NORTH 452551" EAST, A DISTANCE OF 40.60 FEET; THENCE NORTH 54-11-41" EAST A DISTANCE OF 29.75 FEET, THENCE NORTH 75 25'15" EAST A DISTANCE OF 29.37 FEET; THENCE NORTH 86 59'36" EAST A DISTANCE OF 17.17 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID MAINTENANCE AREA; THENCE SOUTH 0028'19" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 32.81 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID MAINTENANCE AREA; THENCE SOUTH 53'11'48" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 236.25 FEET TO THE POINT OF BEGINNING. CONTAINING 13,059.73 SQUARE FEET OR 0.2998 ACRES, MORE OR LESS. SURVEYORS NOTES 1) THE BASIS OF BEARINGS IS THE SOUTHERLY LINE OF THE MAINTENANCE AREA WHICH BEARS S53'1146W. 2) THE SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESS 0714ERKISE NOTED. 4) THIS SKETCH MEETS THE STANDARD PRACTICE OF SURVEYING AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYOR AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRA71VE CODE, PURSUANT TO SECTION 472.027. FLORIDA STATUTES. LEGEND R/W RIGHT—OF—WAY NO. NUMBER L.M.E. LAKE MAINTENANCE EASEMENT L.A.E. LIMITED ACCESS EASEMENT U.E. UTILITY EASEMENT D.E. DRAINAGE EASEMENT PSM PROFESSIONAL SURVEYOR AND MAPPER N NORTH S SOUTH E EAST Sheet I oft W WEST Not Valid Without All Skeets LEGAL DESCRIPTION AND SKETCH Drawn by: Checked by File name Date Scale Drawing Name "This Is NOT a Boundary Survey" DMT I DM- 7541 4/17/20 NONE I 1541-[E,dwg Masteller, Moler & Taylor, Inc. NOT VAUD WITHOUT THE SIGNATURE AND SEAL OF A FLORIDA THE ORIGIN EOYOR UCEN SU AND MAPPER. PROFESSIONAL SURVEYORS AND MAPPERS 00 LAND SURVEYING BUSINESS #4644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 DAVID TAYLOR P.L.S. 5243 Phone: (772) 564-8050 Fax: (772) 794--0647 OR BOOK 4465 PAGE 1269 "This is Exhibit "B" Legal Description & Sketch for a Conservation Easement at the .Harbour Ridge Lakeside Activity Center Saint Lucie County, Florida Line Table Line Length Direction 11 fdB0 HBO' 35' 54 L2 35.31' N69' 40' 39 E L3 23.89' S40' 20' 11E 14 954' S84' 31' WE 15 10. 73' N52' 21' i5'E 18 27.73' NB3' 15' 42 E L7 20.J4' N44- 52' 55 E 1.8 40.60' N45' ,?5' WE Le 29.75' N54' 11' 41"E L10 28.37' N75' 25' 15E L11 17.17' N86' 59' 36 E L12 32.81' 500' 2B' 19'W MAINTENANCE AREA HARBOUR RIDGE PLAT 2 W, II POINT OF BEGINNING SW CORNER MAINTENANCE AREA Drawn by: Checked by File nam DMT DMT 7541 Masteller, Moler Sir Taylor, Inc_ PROFESSIONAL SURVEYORS AND MAPPERS LAND SURVEYING BUSINESS #4644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 Sheel a of 2 Nol Valid lY&houtAll Sheet e Date Scale Drawing Name 4/17/20 1 NONE I 7541-CE.dwg NOT VALID WITHOUT THE SIGNATURE AND THE ORIGIN A ED SEAL OF A FLORIDA LICEN SU R AND MAPPER. DAVID TAYLOR P.L.S. 5243 OR BOOK 4465 PAGE 1270 NATURAL RESOURCE MANAGEMENT, WETLAND, AND ENVIRONMENTAL PERMITTING SERVICES HARBOUR RIDGE LAKESIDE ACTIVITY CENTER PRESERVE AREA MONITORING AND MAINTENANCE PLAN Prepared For: HA oUR RI)GE POA Prepared by; EW CONSULTANTS, INC. January 2020 C 2020 EW ConsWtants, Inc. 1000 SE MONTEREY COMMONS HLVD.. SUITE 208 - STUART, FL 34996 772-287.877 1 • FAx 772.287-2988 www.ewconsultants.com EXHIBIT C OR BOOK 4465 PAGE 1271 PRomer HARBOUR RIDGE LAKESIDE ACTIVITY CENTER PRESERVE AREA MONITORING AND MAINTENANCE PLAN I. INTRODUCTION 2020 ST. LUCIE COUNTY, FL The Harbour Ridge Lakeside Activity Center preserve areas include a pine flatwood wetland buffer along the south side of the project site and a scrubby flatwood preserve along the east side of the project. The preserve area totals approximately 4.7 acres as shown on Figure 1 attached. II. PRESERVE AREA DESCRIPTION The subject preserve areas consist of native pine flatwood habitat associated with a wetland buffer to the south, as well as a scrubby flatwood area along the east property line. Both habitats are in excellent ecological condition, with the wetland buffer containing a minimal amount of melaleuca and earleaf acacia, and the scrubby flatwood preserve containing scattered earleaf acacia and Brazilian pepper. M. INTENT This Preserve Area Monitoring and Maintenance Plan (PAMMP) has been prepared to fulfill the requirements of the St. Lucie County, Florida, Land Development Code, Section 6,02.00 - Environmentally Sensitive Lands. The intent of this PAMMP is to ensure that the proposed project will provide for the proper management of the upland and wetland preserve areas on -site. This will be achieved by restoring areas impacted by non-native vegetation to native conditions as well as preserving existing native upland and wetland habitat. With proper management, these preserve areas will provide foraging and nesting opportunities for a variety of wildlife, including listed species. IV. IMPLEMENTATION Responsibility for the implementation of the requirements set forth in this Plan will lie with the Harbour Ridge Property Owners' Association. Land management guidelines described in this PAMMP are to be carried out in perpetuity by the responsible party. V. PRESERVE AREAS Preservation and restoration of the on -site habitats will include exotic removal and habitat restoration in the upland and wetland preserve areas as necessary. The extent of this restoration effort will be determined in consultation with St. Lucie County ERD staff after the initial exotic removal/eradication work is completed within the preserve areas. Specific restoration planting plans will be developed at that time based on the conditions of the upland and wetland preserves. Such plans will consist of proposed plant material, sizes, and spacing given the locations of the EW CONSULTANTS,INC. 11 EXHIBIT G 11 OR BOOK 4465 PAGE 1272 PROJECT: I IARnouR RIDGE LAKESIDE ACTIvrrY CENTER 2020 PRESERVE AREA MONITORING AND MAINTENANCE PLAN ST. LUCK COUNTY, Ft. preserves needing supplemental plantings (see Figure 2 attached). All activities within the preserved and restored areas will be governed by individual documents included in this PAMMP. VI. PRESERVE AREA PROTECTION PLAN DURING CONSTRUCTION In order to protect the preserve areas from potential damage during the land alteration process, the following minimum standards for vegetation protection shall be applied within the project site: A conspicuous, suitable protective barrier constructed of orange safety fencing or other durable material, shall be placed and maintained at the western edge of the preserve area thereby protecting the preserve areas. This fencing shall be placed either a minimum of ten (10) feet from the edge of the protected vegetation or from the radius of the dripline from all protected trees, whichever is greater. All special conditions included in the Vegetation Removal permit will be closely followed. In addition, preserve area signage will be installed as appropriate. Special care shall be taken that preservation areas are properly marked and highly visible so that equipment operators can see the limits of permitted removal activity. Protective barriers or protective designations shall remain in place until removal is authorized by the Environmental Resources Department Director, or her designee. In the event that any protective barriers are removed or altered and clearing activities are conducted within an area identified for preserve under the issued Vegetation Removal Permit, the Environmental Resources Department Director, or her designee is authorized to direct that all land clearing and site alteration work at the site be stopped until the barriers are restored and any necessary corrective actions taken to repair or replant any vegetation removed or damaged as a result of these encroachments. The enhanced/restored preserve area shall be maintained in its natural state so as not to alter the water and oxygen content of the soil and impair its natural function. No grade changes or excavation of any sort may be made within the preserve areas that require trenching or cutting of roots, except in compliance with the terms of special conditions in an approved Vegetation Removal Permit. If underground utilities must be routed through a protected root zone area, tunneling under the roots shall be required. Irrigation shall be installed outside of the dripline of all protected trees. No soil shall be removed from within preserve areas. No fill material, construction material, concrete, paint, chemicals, or other foreign materials shall be stored, deposited or disposed of within a vegetation preservation area. No signs, permits, wires, or other attachments, other than those of protective and non -damaging nature, shall be affixed or attached to protected vegetation. If landscaping is to be installed within a vegetation preservation area after removal of protective barriers or designations, installation shall be accomplished using hand labor, unless use of light machinery is proven to be necessary and methodology is approved by the Environmental Resources Department Director, or her designee. Any equipment, including passenger vehicles, shall not be driven, parked, or stored or repaired within designated vegetation preservation areas. EW CONSULTANTS,]NC. EXHIBIT C OR BOOK 4465 PAGE 1273 ftomcr: HAkHouR RmGF LAXEsiur ACTIVITY CHNTER 2020 PRF4F.RvE AREA MONrrORINo AND MAINTENANCE PLAN ST. LUCIE COUNTY, n Vegetation destroyed or damaged as part of the development of a site or parcel, shall be replaced by vegetation of equal environmental value as specified by the Environmental Resources Department Director, or her designee, in consultation with the Community Development Director, before any occupancy or final use permit authorizations are issued. The authorized removal of any non -protected vegetation in the vegetation preservation area shall be accomplished using hand labor, unless use of light machinery is proven to be necessary and methodology is approved by the Environmental Resources Department Director, or her designee. Only the above ground portions of the non -protected vegetation may be removed and the stump shall be properly treated with an approved herbicide; the root systems of the protected vegetation must remain undisturbed. If any roots of protected vegetation are exposed or damaged, the applicant shall immediately correct the situation by covering the roots with a high -quality soil to match the existing grades, pruning any splintered roots and providing water until the vegetation has recovered. The applicant shall provide the Environmental Resources Department Director, or her designee, a written plan to control erosion which may be expected to occur as a result of the proposed removal of protected vegetation. The erosion control plan must be approved by the Environmental Resources Department Director, or her designee, prior to the commencement of any removal of protected vegetation. All provisions of the plan shall be incorporated as express conditions of any Notice of Vegetation Removal issued under this paragraph. VIL MAINTENANCE ACTIVITIES WITHIN ON -SITE PRESERVES The upland and wetland preserve areas as shown on Figure 1 attached will be kept free of nuisance and exotic vegetation in perpetuity. All Category I and II nuisance and exotic vegetation as listed by the Florida Exotic Pest Plant Council (Rule 5B-57.007 FAC) will be treated in such areas. All treatment will be through the application of the appropriate herbicide approved for use within aquatic environments. The criterion for acceptance of eradication for Category I and 11 exotic vegetation will be 100 percent treatment/kill and 95 percent treatment/kill for nuisance species. If initial efforts do not achieve this criterion, follow up treatments will be conducted. The preservation areas will be enhanced as described below. The proposed management approach for the preserve area is outlined below. Scattered woody exotic vegetation occurs within the preserve areas. o All woody species will be eradicated by cutting or girdling of the trunk and treatment of the stump or trunk with an appropriately labeled herbicide. a The criterion completion of the woody exotic eradication will be 100 percent kill. If initial eradication efforts do not achieve this criterion, follow up treatment will be conducted. EW CONSULTANTSONC. EXHIBIT C OR BOOK 4465 PAGE 1274 PROJEM I{ARBOUR RIDGE LAKESIDE ACTIVITY CENTER PRESHP.vE AREA MONITORING AND MAINTF..NANCE PLAN 2020 ST. LUM CouNTY, FL • The exotic vegetation present also includes non -woody species. o All eradication of non -woody exotic vegetation will be through application of appropriately labeled herbicide and left in -situ. o The criterion for acceptance of eradication for all non -woody exotic vegetation will be 100 percent kill. If initial eradication efforts do not achieve this criterion, follow up treatment will be conducted. • The exotic vegetation eradication will generate vegetative debris that requires disposal. A staging and storage area will be created within the development area on the project site. o Transport of vegetative debris from the preserve areas to the staging area will be conducted in a fashion that minimizes the distribution and dispersal of seeds from the debris. o All vegetative debris, either whole or chipped/mulched, will be hauled off site and disposed of at a landfill or other such appropriately licensed facility. o Herbicides are required for the treatment of all stumps and/or trunks of woody vegetation to prevent re -growth, and for eradication of non -woody exotic and nuisance vegetation. o All herbicide application activities will be conducted under the supervision of a Florida Department of Agriculture licensed applicator who is licensed for application of aquatic herbicides. o All herbicides applied within aquatic areas must be properly labeled for application in such areas. o All herbicides applied must include a visible tracer dye in the mix to facilitate observation of treated vegetation. • The site conditions are variable in terms of soil moisture and existing vegetation. o The exotic removal work will be conducted in a fashion that minimizes disturbance of surface soils. Equipment operations that result in rutting and/or displacement of existing surface soils in excess of three inches will be restored to natural conditions. • The preserve area will be posted with permanent signs and boundary markers. Signs will be at least 11 x 14 inches in size and will be posted in conspicuous locations along the Preserve Area boundaries, at a frequency of no less than one (1) sign per 200 feet. In addition, should the exotic removal effort result in barren areas within the preserve, a re - vegetation program will be implemented. Barren areas will be re -planted with appropriate native vegetation in consultation with St. Lucie County Environmental Resources Department staff after initial exotic removal and eradication efforts are complete. It shall be the responsibility of the Harbour Ridge Property Owners' Association to maintains the preserved and restored areas subject to this PAMMP in accordance with the vegetative success criteria in perpetuity. St. Lucie County will be notified within 30 days of any transfer of such responsibilities. EW CONSULTANTS,INC. E MBTr C ill 4 OR BOOK 4465 PAGE 1275 PROJEC : HARBDUR RIDGE LAKESIDE ACTIVITY CENTER PRESERVE AREA MONITORING AND MAINTENANCE PLAN VIII. PRESERVE AREA RESTORATION 2020 ST. LUCIE COUNTY, FL Areas within the preserves as shown on Figure 1 attached shall be supplemented with appropriate planting materials on ari as -needed basis in consultation with St. Lucie County ERD staff. The extent of each area will dictate the ultimate plant quantities to be installed, but will generally follow Figure 2 specifications attached. IX. PRESERVE AREA MONITORING Please refer to Figure 1 for the locations for the monitoring transects and stations. Monitoring reports will document vegetation at each monitoring station as measured in percent coverage of the canopy/understory layer and ground cover. The total percent cover will not exceed 100 percent, and each species documented will be reported in both common and Latin names. The coverage will be measured by visual observation in each of four quadrats from the fixed monitoring point. Observations will extend approximately 25 feet from the observer in each direction. The data from each quadrant will be included in the monitoring reports. The transects will be marked with PVC pipe to ensure consistency in data collection. Photos will be collected from each of the stations to provide documentation of vegetative coverage. In addition to vegetative coverage documentation, observed wildlife utilization or indicators of wildlife (e.g. tracks, scat, etc.) will also be noted. The:monitoring will be conducted on an annual basis with data collection at or near the end of the wet season. Reports will be provided to the St. Lucie County Environmental Resources Department on an annual basis during the first five years so that maintenance activity can be closely tracked. The following is the proposed schedule associated with the on -site monitoring activities: Activity Date Submit Baseline Monitoring Report 1 Month after Veg. Removal Permit Initial Exotic Removal w/in On -site Preserves 2 Months after Veg. Removal Permit Submit Time -Zero Report 3 Months after Veg. Removal Permit Conduct 1st Semi -Annual Maintenance Event 6 Months after Initial Exotic Removal Conduct 2nd Semi -Annual Maintenance Event 12 Months after Initial Exotic Removal Submit I" Annual Report 12 Months after Time -Zero Submittal Conduct 3rd Semi -Annual Maintenance Event 18 Months after Initial Exotic Removal Conduct 4th Semi -Annual Maintenance Event 24 Months after Initial Exotic Removal Submit 2nd Annual Report 24 Months after Time -Zero Submittal Conduct 5th Semi -Annual Maintenance Event 34 Months after Initial Exotic Removal Conduct 6th Semi -Annual Maintenance Event 36 Months after Initial Exotic Removal EW CONSULTANTSONC. EXHIBIT J. OR BOOK 4465 PAGE 1276 PROJECT: HARBOUR RIDoE LAKESIDE ACTIVITY CENTER PRESERVE AREA MONITORING AND MAINTENANCE PLAN Submit 3rd Annual Report Conduct 7th Semi -Annual Maintenance Event Conduct Sth Semi -Annual Maintenance Event Submit 4th Annual Report Conduct 9th Semi -Annual Maintenance Event Conduct loth Semi -Annual Maintenance Event Submit 5th Annual Report 2020 ST. LUCK COUNTY, FL. 36 Month after Time -Zero Submittal 42 Months after Initial Exotic Removal 49 Months after Initial Exotic Removal 48 Months after Time -Zero Submittal 54 Months after Initial Exotic Removal 60 Months after Initial Exotic Removal 60 Months after Time -Zero Submittal EW CONSULTANTS, INC. 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