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HomeMy WebLinkAbout23-220Florida, that: RESOLUTION NO. 2023-220 A RESOLUTION ACCEPTING A CONSERVATION EASEMENT AND PRESERVE AREA MANAGEMENT AND MONITORING PLAN 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 Management and Monitoring Plan from Crisanto Gamboa are duly accepted on behalf of St. Lucie County this 14th day of November, 2023. ATTEST: Deputy Clerk �GOMM/Ss� ,� oy O � y v 40 0 tGC�F COUN BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By. Chair By APPROVED AS TO FORM AND CORRECTNESS: IMICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY Return recorded document to: FILE # 5289469 01/18/2024 07:44:20 AM OR BOOK 5096 PAGE 271 - 292 Doc Type: EASMT St. Lucie County RECORDING: $188.50 2300 Virginia Avenue Fort Pierce, FL 34982 SAINT LUCIE COUNTY DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given this 14th day of November, 2023, by Crisanto Gamboa ("Grantor") whose mailing address is 6 Berry Court, S Huntington, NY 11746 to St. Lucie County, a political subdivision of the State of Florida ("Grantee") having an address of 2300 Virginia Avenue, Fort Pierce, FL 34982. 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 in Exhibit "A" attached hereto and incorporated herein by this reference ("Property"); and WHEREAS, the Grantor is proposing the construction of a single-family residence ("Project") on the Property, which is subject to the regulatory jurisdiction of the St. Lucie County Board of County Commissioners ("County"); and WHEREAS, the County approved the Wetland Waiver for the Project pursuant to Resolution No 2023-219 ("Resolution'); and WHEREAS, the Resolution requires that the owner ("Owner") maintain, in perpetuity, that portion of the Property designated as preserve area ("Conservation Area") as more particularly described in Exhibit `B" attached hereto and incorporated herein by this reference; and WHEREAS, the Declaration provides that the maintenance of the Conservation Area is the perpetual obligation of the Owner; and WHEREAS, the Property will be further subject to the Declaration of Covenants, Conditions and Restrictions of the Preserve Area Management and Maintenance Plan attached hereto as Exhibit "C" and incorporated herein by this reference ("Management Plan'). WHEREAS, the Grantor is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the Conservation Area. NOW, THEREFORE, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the Conservation Area 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 natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in this Conservation Easement shall be maintained in the conditions required by the Management Plan. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Conservation Area at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor and/or the future residents of the Property at the time of such entry; and b. To enjoin any activity on or use of the Conservation Area that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Area that may be damaged by any inconsistent activity or use; 3. Prohibited Uses. Except for the permitted activities, exotic vegetation removal, replanting with appropriate native vegetation, vine control, removal of trash and debris or other maintenance and monitoring activities described herein that are permitted or required by the Resolution or the Management Plan, the following activities are prohibited in or on the Conservation 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; C. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with the Management Plan; 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 or enhanced 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 and fencing. 4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Conservation Area that are not prohibited herein and which are not inconsistent with any County rule, criteria, permit and the intent and purposes of this Conservation Easement. 5. No Dedicati . No right of access by the general public to any portion of the Property or the Conservation Area is conveyed by this Conservation Easement. 6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Conservation Area. 7. Acts Beyond Grantor's Control. Nothing contained in this instrument shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in any portion of the Property other than the Conservation Area that results from natural causes beyond Grantor's control, and not initiated by the Grantor, including but not limited to fire, flood, storm and earth movement. Should any Conservation Area be injured or changed from natural causes, including but not limited to fire, flood, storm and earth movement, the Grantor shall be provided notice and a reasonable opportunity to restore the affected Conservation Area to a condition that satisfies the Management Plan requirements prior to the Grantee bringing any action for noncompliance with the Resolution or the Management Plan. 8. Property Taxes. Grantor shall keep the payment of taxes and assessments on the Conservation Area current and shall not allow any lien on the Conservation Area superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate allowed by law, no later than thirty days after such payment. In the event the Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Conservation Area which shall automatically relate back to the recording date of this Easement. Grantee may foreclose this lien on the Conservation Area in the manner provided for mortgages on real property. 9. EnforcementyGrjint • 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 or the Association, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 10. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. 11. 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. 12. Terms i1nd 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 Property. 13. 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. 14. ModificationN. 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. 15. Extinguishment. If circumstances arise in the future such as render the purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction, and the amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange or voluntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by Florida law at the time, in accordance with paragraph 16. Grantor believes that any changes in the use of neighboring properties will increase the benefit to the public of the continuation of this Easement, and Grantor and Grantee intend that any such changes shall not be deemed to be circumstances justifying the termination or extinguishment of this Easement. In addition, the inability of Grantor to conduct or implement any or all of the uses allowed under the terms of this Easement, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. 16. Proceeds. This Easement constitutes a real property interest immediately vested in Grantee, which, for the purposes of paragraph 15, the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of the Easement at the time of this grant to the value of the Property, without deduction for the value of the Easement, at the time of this grant. For the purposes of this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. 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 Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Properly in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; and all mortgages and liens have been subordinated to this Conservation Easement; and that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Crisanto Gamboa, has hereunto set its authorized hand this 28 day of nc. 320 73. SES Crisanto Gamboa '� i nature _ a 6 v_ — Print Name 1� Qc� 1-1- Witness Address WITNESSES: Signature ��56 Print Name ;_7 s- Witness Address STATE OF A/v,w 'to' k COUNTY OF AJ 4 5 S_�u The foregoing instrument was acknowledged before me by means of [4�hysical presence or [ ] online notarization, this D<< Z 8 zoz:j_ (date), by Crisanto Gamboa who is personally known to me or has produced _ �Y s� L _ - .,as identification. [Notary Seal] MICHAEL J. FITZGERALD Notary Public, State of New York No. 01 F15077291 Qualified in Nassau nty v-7 r •�mmission Expires Signature Name of Notary Public Typed, Printed or Stamped EXHIBIT "A" RIVERDALE YACHT CLUB ESTATES -UNIT 2 BLK 12 LOTS 6 AND 7(0.42 AC) DESCRIPTION do SKETCH PREPARED FOR: CRISANTO GAMBOA CONSERVATION EASEMENT LEGAL DESCRIPTION: EXHIBIT A PARCEL OF LAND BEING A PORTION OF LOTS 6 AND 7, BLOCK 12, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 40, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 6; THENCE SOUTH 89'50'52" WEST, ALONG THE SOUTH LINE OF SAID LOT 6, A DISTANCE OF 199.79 FEET TO THE MEAN HIGH WATER LINE OF THE ST. LUCIE RIVER; THENCE NORTH 03'58'24" WEST, DEPARTING SAID SOUTH LINE AND ALONG SAID MEAN HIGH WATER LINE, A DISTANCE OF 99.14 FEET TO THE NORTH LINE OF SAID LOT 7; THENCE NORTH 89'50'52" EAST, DEPARTING SAID MEAN HIGH WATER LINE AND ALONG SAID NORTH LINE, A DISTANCE OF 50.11 FEET; THENCE SOUTH 03'58'24" EAST, DEPARTING SAID NORTH LINE, A DISTANCE OF 28.07 FEET; THENCE NORTH 54'00'14" EAST, A DISTANCE OF 26.38 FEET; THENCE NORTH 88'48'27" EAST, A DISTANCE OF 41.96 FEET; THENCE SOUTH 88'18'45" EAST, A DISTANCE OF 2.66 FEET; THENCE SOUTH 00'09'08" EAST, A DISTANCE OF 56.30 FEET; THENCE NORTH 89*50*52" EAST, A DISTANCE OF 36.58 FEET; THENCE NORTH 79'37'48" EAST, A DISTANCE OF 45.56 FEET TO THE EAST LINE OF SAID LOT 6; THENCE SOUTH 10'22'12" EAST, ALONG SAID EAST LINE, A DISTANCE OF 39.45 FEET TO THE POINT OF BEGINNING. CONTAINING 13,162 SQUARE FEET OR 0.302 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1. THIS DRAWING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. 4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY ALEXANDER J. PIAZZA PSM, INC. 5. DATE OF LEGAL DESCRIPTION: DECEMBER 5, 2023 ALEXANDER J. Q �' �'• fe'��-DN: UZar ALEXANDER Js PROFESSIONAL CERTIFICATE ALEXANDER - Surveying i¢d {iy r�1�e(tder J Piaua Ftgr a, j - 4 .bj0MM1DU2000018278, er J iTJa 2.05: 4:04:Q=05'00' MAA%�ER FLORIDA J '4PIA'ZZA PSM, INC. • Mapping • Consulting 619 SW Biltmore Street Port St. Lucie, Florida 34983 Phone: (772) 340-7770 Fax: (772) 340-2250 CAD K:\BUILDERS\2018\18-4042.DWG REF FLD OFF CKD NA FB. PG. JOB 18-4042 AJP DATE 12-05-23 AJP SHEET 1 OF 3 DWG A-0182 K:\BUILDERS\DWG2018\18-4042.dwg, 12/5/2023 2:03:30 PM DESCRIPTION do SKETCH PREPARED FOR: CRISANTO GAMBOA CONSERVATION EASEMENT SITE LEGEND: DE = DRAINAGE EASEMENT DB = DEED BOOK LB = LICENSE BUSINESS LS = LICENSE SURVEY (M) = MEASURED ORB = OFFICIAL RECORD BOOK PB = PLAT BOOK POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT ROW = RIGHT—OF—WAY RPB = ROAD PLAT BOOK UE = UTILITY EASEMENT ALEXANDER J. PIAZZA PSM, INC. Surveying • Mapping • Consulting 619 SW Biltmore Street ® Port St. Lucie, Florida 34983 Phone: (772) 340-7770 18IF72,ao Fax: (772) 340-2250 CAD K:\BUILDERS\2018\18-4042.DWG REF FLD NA FB. PG. JOB 18-4042 OFF AJP DATE 12-05-23 CKD AJP SHEET 2 OF 3 DWG A-0182 K:\BUILDERS\DWG2018\18-4042.dwg, 12/5/2023 1:50:34 PM DESCRIPTION & SKETCH PREPARED FOR: CRISANTO GAMBOA CONSERVATION EASEMENT C m nLN FND "PSM 41 h• h• \ O Z f i v � Z + 5 rn � r O ea a FND IRC "RLS 2391" 0.11'N CAD ALEXANDER J. PIAZZA PSIS, INC. REF K: \BUILDERS\2018\18-4042. DWG Surveying • Mapping • Consulting 619 SW Biltmore Street FLD NA FB. PG. JOB 18-4042 Port St. Lucie, Florida 34983 ® Phone: (772) 340-7770 OFF AJP DATE 12-05-23 LBF= Fax: (772) 340-2250 CKD AJP SHEET 3 OF 3 DWG A-0182 K:\BUILDERS\DWG2018\18-4042.dwg, 12/5/2023 1:50:50 PM Environmental Services, Inc. EXHIBIT � V1 C; II L PRESERVE AREA MANAGEMENT AND MAINTENANCE PLAN Prepared for: Crisanto Gamboa 6 Berry Court S Huntington, AT H 746 and St. Lucie County Environmental Resources Division 2300 Virginia Avenue Fort Pierce, FL 34982 Prepared by: DLS Environmental Services, Inc. 1901 SW YellowtailAvenue Port St. Lucie, FL 34953 Sept 2023 phone: 772-215-3997 • email: danna@dlsenvironmentalservices.com address: 1901 SW Yellowtail Avenue, Port St. Lucie, FL 34953 web: www.disenvironmentalservices.com TABLE OFCONTENTS SECTION PAGE 1.0 INTRODUCTION....................................................................................................................1 2.0 SILT FENCING AND PROTECTION BARRICADES..........................................................1 3.0 RESTORATION OF SHORELINE PROTECTION ZONE....................................................1 4.0 PRESERVE AREA MANAGEMENT.................................................................................... 2 5.0 RESTORATION AND MAINTENANCE ACTIVITIES.............................................................. 3 5.1 EXOTIC PLANT REMOVAL................................................................................................... 3 5.2 RE-VEGETATION....................................................................................................................3 5.3 VEGETATION REMOVAL...................................................................................................... 3 5.4 OTHER RESTORATION AND MAINTENANCE ACTIVITIES ............................................ 3 6.0 MONITORING AND REPORTING....................................................................................... 4 7.0 PRESERVE AREA SIGNAGE................................................................................................ 5 8.0 RESPONSIBILITY.................................................................................................................. 5 9.0 TRANSER OF OWERSHIP.................................................................................................... 5 FIGURES Figure 1— Location Map Figure 2 —Aerial Figure 3 — Preserve Area Planting Plan Figure 4 — Monitoring Plan Map Figure 5 — Preserve Area Signage 1.0 INTRODUCTION The 0.44± acre -property is located on the west side of Merry Bee Drive, north of Parkland Boulevard (Figure l) in Section 9, Township 36 South, Range 40 East, adjacent to the North Fork St. Lucie River, a Class III waterbody. The property is currently undeveloped and the proposed project consists of constructing a single family residence on the property. While the proposed residence will meet the 50-foot Shoreline Protection Zone, the residence will require an associated drain field. Due to the limited size of the property, the drain field cannot meet the required 300-foot setback from mean high water. This Preserve Area Management Plan totals 0.16 acres (6,969 sq. ft.) and encompasses the 50-foot Shoreline Protection Zone as measured from mean high water as well as the 50-foot wetland buffer for those remaining areas not proposed to be impacted by the residence and associated structures. 2.0 SILT FENCING AND PROTECTION BARRICADES Silt fencing and protection barricades during construction shall be provided per St. Lucie County Land Development Regulations (Chapter 6.00.05 C). Silt fencing will be installed and maintained to form a continuous unbroken boundary between the area of approved impact (per approved site plan) and the Preserve Areas. Prior to commencement of any site work the silt fence must be properly installed and must remain in good condition throughout the duration of site construction. Special care shall be taken that the Preserve Areas are properly marked and highly visible so that equipment operators can see the limits of permitted construction activity. The area which is the subject of this Preserve Area Management Plan will require planting with native vegetation. Existing native trees that are to remain after construction shall be protected according to the guidelines provided per St. Lucie County Land Development Code (Chapter 6.00.05 C). Protective barriers shall remain in place until removal is authorized by the Public Works Director, or his designee (SLC ERD), or until issuance of a certificate of occupancy or other use authorization as may be granted by the Public Works Director, or his designee (St. Lucie County Environmental Resources Division). In the event that any protective barriers are removed or altered, the Public Works Director, or his designee (St. Lucie County Environmental Resources Division) is authorized to direct that all work at the site be stopped until the barriers are restored and any necessary corrective actions taken as deemed necessary by the Public Works Director, or his designee. 3.0 RESTORATION OF SHORELINE PROTECTION ZONE AND WETLAND BUFFER The restoration of the 0.11 acres (4,969 sq. ft.) of the Shoreline Protection Zone and the wetland buffer is not proposed to include any canopy species due to the extent of the current canopy species (Live oak and cabbage palm) already present in these areas. Also, as a result of the existing native canopy, the amount of ground cover species has been reduced to accommodate the current native vegetation. Quantities below per approved landscape plan hence, installation of the following upon completion of exotic removal; (49) 3-gallon Coontie palm (Zamia floridana), cocoplum (Chrysobalanus icaco), and/or wild coffee (Psychotria nervosa) (503) 1-gallon muhly grass (Muhlenbergia capillaris), and/or wiregrass (Aristida stricta) (1,104) bare root or liner sunshine mimosa (Mimosa strigillosa), wild plumbago (Plumbago scandens), muhly grass (Muhlenbergia capillaris), wiregrass (Aristida stricta), and/or peperomia (Peperomia obtusifolia) The species planted will depend upon availability and plant numbers indicated are intended to be total plantings which may consist of any combination of the plants identified under each category (Figure 3). Any substitutions made to the list above shall require approval by St. Lucie County Environmental Resources Division. 4.0 PRESERVE AREA MANAGEMENT The Preserve Area will be maintained in accordance with this Preserve Area Management and Maintenance Plan. Property owners are encouraged to enjoy the natural beauty of their Preserve Areas. Although development of Preserve Areas is not allowed, passive uses, such as bird -watching and other non-destructive uses of natural areas are encouraged, as long as they do not affect the hydrology or vegetative cover of a Preserve Area. Activities prohibited in the Preserve Area include, but are not limited to: construction (other than construction within the area designated for "No Planting" and identified in Figures 3 and 4); dumping or placing building materials, soil, garbage, trash, or dead vegetation on or above the ground; removal or destruction of native trees, shrubs or other native vegetation; excavation or dredging of soil; diking or fencing; vehicular traffic including use by non -motorized vehicles, recreational vehicles and off -road vehicles; permanent irrigation; trimming, pruning, or fertilization; and any other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife conservation and preservation. No hazardous material other than fuel for refueling on -site equipment may be stored during construction. On -site fuel tanks may not be located within twenty-five (25) feet of any Preserve Areas and will be removed upon completion of construction work. Development activities such as the construction of building pads for associated structures, swales, or culverts for surface water management shall not alter the hydrology of adjacent Preserve Areas. Nor shall any activities increase non -point source pollution in Preserve Areas. 5.0 RESTORATION AND MAINTENANCE ACTIVITIES Except for approved construction activities, restoration, and maintenance activities; the Preserve Area will be left undisturbed. All maintenance of the Preserve Area will be in accordance with this PAMIVIP. Restoration and maintenance activities consisting of the following may be allowed within the Preserve Area; exotic plant removal, re -vegetation with native plants; and removal of plant material that is dead, diseased, or considered to be a safety hazard. 5.1 EXOTIC PLANT REMOVAL Exotic vegetation shall be removed from the Preserve Area by the least ecologically - damaging method available. Such methods include hand pulling, hand spading, cutting with hand or chain saws and in -situ treatment with appropriate herbicides. No debris, including dead plants, plant clippings or wood scraps, shall be allowed in Preserve Area. In addition, all dead plant material and exotic plant debris removed from Preserve Areas shall be disposed of in a County -approved recycling facility. 5.2 RE -VEGETATION Re -vegetation of the Preserve Area as a result of exotic removal or site construction activities is identified in Section 3.0 of this PAMMP. Any future re -vegetation which might be necessary as a result of exotic removal or site construction activities shall consist of native plant species representative of the existing native plant community. This will ensure that the Preserve Area maintains indigenous plant associations. The actual species to be re -planted will depend upon availability at native nurseries at the time work is preformed. Any substitutions made to the list in Section 3.0 and Figure 3 of this PAMMP shall require approval by the St. Lucie County Environmental Resources Division. 5.3 VEGETATION REMOVAL Dead or diseased plant material shall be removed from the Preserve Area upon approval by the St. Lucie County Environmental Resources Division. Re -vegetation may be required for any removed plant material. No debris, including dead plants, plant clippings or wood scraps, shall be allowed in the Preserve Area. All dead plant material and debris removed from Preserve Areas shall be disposed of in a County - approved recycling facility. 5.4 OTHER RESTORATION AND MAINTENANCE ACTIVITIES Alternative and innovative management techniques, which may provide for the long-term viability and habitat value of the Preserve Area and for protection against imminent threats to public health and safety, may be approved by the St. Lucie County Environmental Resources Division. In addition, the environmentally friendly landscaping book, "Florida Yards and Neighborhoods Handbook" referenced at: www.http://fvn.ifas.ufl.edu/materials/FYN Handbook vsept09.12df shall be utilized for maintenance and restoration procedures, including but not limited to the following: a) Right Plant, Right Place b) Water Efficiently c) Fertilize Appropriately d) Mulch e) Attract Wildlife f) Control Yard Pests Responsibly g) Recycle h) Reduce Stormwater Run-off i) Protect the Waterfront 6.0 MONITORING AND REPORTING Annual monitoring will be conducted by a qualified environmental professional no later than March 1 st of each year. A report presenting the results of the annual monitoring will be submitted by the environmental professional to St. Lucie County Environmental Resources Division within thirty days of the completion of the monitoring. Included in the Annual Monitoring Report will be a list of any violations of the PAMMP during the previous year, with recommendations for, and a schedule of, remedial actions and any enhancement activities proposed for the coming year. All Annual Monitoring Reports are due no later than March 3 1 " of the year they are to be submitted. After the first five-year period, the Preserve Area may be subject to further monitoring and maintenance to ensure environmental integrity and consistency with the provisions of the Plan. The monitoring plan includes one transect established through the Shoreline Protection Zone (Figure 4) and one transect through the wetland buffer. Vegetative coverage will be documented along the transect line and data collection/photo stations shown on the Monitoring Plan Map (Figure 4). Panoramic photos will be collected from each of the established monitoring stations to provide documentation of vegetative coverage. The monitoring is to ensure the nuisance and exotic vegetation removal is successful. Each monitoring report will include recommendations for maintenance if necessary. The threshold for maintenance requirements will be any area that has five percent or more total vegetative coverage by nuisance or exotic vegetation at any time during the monitoring period. Maintenance of the upland buffer preserve will be provided in perpetuity by the property owner in accordance with permit requirements. 7.0 PRESERVE AREA SIGNAGE Preserve Areas will be posted with permanent signs. These signs will be at least 8%2 x 11 inches in size and will be posted in conspicuous locations along the Preserve Area boundary, at a frequency of no less than one (1) sign per 100 feet. An example of the Preserve Area Sign is included as Figure 5. 8.0 RESPONSIBILITY Compliance with the terms of this PAMMP includes submittal of an Annual Monitoring Report each year for a period of five years following completion of construction of the residence. The owner(s) of the lands to be preserved shall have ultimate responsibility for the submittal of all Monitoring Reports. 9.0 TRANSER OF OWERSHIP The St. Lucie County Environmental Resources Division shall be notified in writing within thirty (30) days of transfer of ownership of any lands preserved by this PAMMP. Failure to notify will be considered as a non-compliance with the terms of this PAMMP. 709 $:1VSilnk7� Rf; GiCIltion AiHd eos, Fort Pierce PROJECT SITE C 0 �� m FrL -t�l- ST. LUCIE COUNTY z A' T ,.- \. ,'4 I ~ (yam ------� ` +$: PROJECT - 675, UUU Port St. :LLucie SECTION 9, TOWNSHIP 36 SOUTH, RANGE 40 EAST Environmental —as ,Services, Inc. 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com SCALE: N.T.S. ave�:I^ it Rd-_ r74 -- Environmental Services, line_ 1901 SW YelloWtail Avenue Port Saint Lucie, FL 34953 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com 2023 Aerial Crisanto Gamboa 6313 Merry Bee Drive Fort Pierce, Florida PCN# 3409-703-0119-000-9 SCALE: N.T.S. SEPT 2023 FIGURE 2 5 � LOT18 BL�412 � a � (NO WELL) 4? 0.,GE.0 p� OF ERR SET IRC 1 SET 1 P h FND IP �i v1 ME 6SS o N W52"E 1 6' 0.63 N a4a'E �$ 177.97 M.z i a 1fl g � iF LLWVO M SS 1 ci r Fm Q it m'� 343 a.eoSr .�+9*5U52"W 199.79* 0 5IP 30. I � 3 LOT VACANTK 12 'OTTS. OTAL SQUARE FOOTAGE OF BUFFER AREA 6,988 SO. FT. LEGEND 2. TOTAL SGLARE BTRACTFOOTAGE DFROF EXISTING NATIVE VEGETATION AN p 2p'DOCK ACCESS EXISTING TREES WITHIN BUFFER -LNE OAK(DUERCUS VIRGINIANA), CABBAGE PALM (SABAL PALMETTO) (ARE SUBTRACTED RE FOOTAGE F R PI-ANNG CALCULATIONS) FOOD SQ' FT CANOPYTOTALS APPROX. I,L SQ. FT. 3. TOTAL SQUARE FOOTAGE FOR PLANTING C 969 SQ. FT. 4. PLANTING NOT ALL SHOWN FOR CLARITY COONTIE PALM(ZAWA FLORIDANA), COCOPLUM(CHRYSOBALANUS ICACO),AND/OR WILD COFFEE(PSCHYOTRIA NERVOSA) 5. ALL EXOTIC VEGETATION TO BE REMOVED FROM PRESERVE AREAS PR IORTCREPLANTING 5. PROPOSED PLANTING WITHIN PRESERVE AREAS CONSISITS OF THE FOLLOWING'. (Q)3GALLON COONTIE PALM(ZAMM FLORIDANA), COCOPLUM(GHRYSOBALANUS/CACO),AND/OR WILD COFFEE(PSCHYOTRIA NERVOSA) MUHLY GRASS(MUHLENBERG/A CAPILLARIS),AND/ORWIREGRA55(ARISTIDA STRICTA) (5B3)1-GALLON MUHLY GRASS (MUHLEMBERGIA CAPILLAR/S), ANDIOR WIREGRASS (ARISTIDA STRICTA) SUNSHINE MIMOSA (MIMOSA STRIGILLOSA), WILD PLUMBAGO (PLUMBAGO SCANDENS), MUHLY GRASS (MUHLENBERGIA CAPILLARIS), (1,10)BARE ROOT OR LINER SUNSHINE MIMOSA (MIMOSA STRIGILLOSA), WILD FLUMBAGO(PLUMBAGO SCANDENS), WIREGRASS(ARISTIDA STRICTA), AND/OR PEPEROMIA (PEPEROM/A OBTUSIFOL/A) MUHLY GRASS(MUHLENSERGIA CAPILLARIS),WIREGRA55(ARWT/DA STRICTA),ANDIORPEPEROMIA(PEPEROMIAOSTUSIFOLIA) LZI T. SPECIES PLANTED WILL DEPEND UPON AVAILABILITY AND PLANT NUMBERS INDICATED ARE INTENDED TO BE TOTAL PLANTINGS WHICH MAY CONSIST OF ANY COMBINATION OF THE PLANTS IDENTIFIED Preserve Area Planting Plan Figure 3 R. NOTES: 1. PLANTING NOT SHOWN POR CLARITY Monitoring Plan Map Figure 4 TRANSECTLOCATIONS PHOTO STATION LOCATIONS 11 PRESERVE AREA Environmental qS Services, Inc. 19o1 Sw Yellowtail Avenue Port Saint Lucie, FL 34953 Phone:772-215-3997 Fax:772-879-4520 www.dlsenvironmentalservices.com SCALE: 4" X 411 Post Preserve Area Signage Crisanto Gam boa 6313 Merry Bee Drive Fort Pierce, Florida PCN# 3409-703-0119-000-9 N.T.S. I j SEPT 2023 FIGURE 5