1. After-the-Fact Conservation Area Impact Permit Request* Keene’s Pointe Community Association, Inc. District 1 November 1, 2011 *Postponed from the December 7, 2010 BCC Meeting November 1, 2011 *Postponed from the December 7, 2010 BCC Meeting Environmental Protection Division Environmental Protection Division

2. Communication Prior to this afternoon's hearing, EPD met or spoke with the Board to review this and previous versions of the staff report and recommendation that is found in your agenda packet.

3. Background At the December 7, 2010 public hearing, the BCC voted to postpone any decision on this matter and EPD was directed to monitor: 1. The pending Department of Environmental Protection (FDEP) permit application to install buoys to restrict vessels from traversing the subject channel area; 2. The pending South Florida Water Management District (SFWMD) enforcement case for unpermitted wetland impacts; and, 3. The pending Florida Fish and Wildlife Conservation Commission’s (FFWCC) permit application to remove vegetation within the subject channel area. At the December 7, 2010 public hearing, the BCC voted to postpone any decision on this matter and EPD was directed to monitor: 1. The pending Department of Environmental Protection (FDEP) permit application to install buoys to restrict vessels from traversing the subject channel area; 2. The pending South Florida Water Management District (SFWMD) enforcement case for unpermitted wetland impacts; and, 3. The pending Florida Fish and Wildlife Conservation Commission’s (FFWCC) permit application to remove vegetation within the subject channel area.

4. Background Since the December 7, 2010 public hearing: January 2011: FFWCC has issued an aquatic plant management permit to the applicant to allow vegetation removal to “create a path between Private Lake and Lake Tibet not to exceed 17 feet in width.” March 2011: FDEP withdrew their permit application to install buoys. April 2011: SFWMD has rescinded their Notice of Violation and released the conservation easement over the subject parcel. August 2011: Community Meeting. September 2011: FDEP provided a letter to Orange County stating that there are no pending actions before FDEP regarding the Keene’s Pointe project. Since the December 7, 2010 public hearing: January 2011: FFWCC has issued an aquatic plant management permit to the applicant to allow vegetation removal to “create a path between Private Lake and Lake Tibet not to exceed 17 feet in width.” March 2011: FDEP withdrew their permit application to install buoys. April 2011: SFWMD has rescinded their Notice of Violation and released the conservation easement over the subject parcel. August 2011: Community Meeting. September 2011: FDEP provided a letter to Orange County stating that there are no pending actions before FDEP regarding the Keene’s Pointe project.

5. Location Map

6. Subject Property

7. History Area of clearing 1 st Clearing: March 2007 2 nd Clearing: Fall 2008

8. Current Request The applicant is requesting an After the Fact Conservation Area Impact permit to allow the 0.10 acres of portion of Class I wetlands associated with an unnamed water body (aka Private Lake) and Lake Tibet Butler to remain un-vegetated. Area of clearing

9. Existing Conditions September 19, 2011 Looking from Private Lake to Lake Tibet Butler

10. Existing Conditions September 19, 2011 View of clearing from Private Lake

11. Mitigation Plan The current permit application proposes the following: 1.Purchase of 0.11 credit from the Reedy Creek Mitigation Bank. 2.Place the remaining wetland into a conservation easement dedicated to Orange County. 3.Install permanent monuments to clearly delineate the limits of the subject channel area. 4.Place staff gauges at each end of the subject channel area with signage prohibiting motorized vessels from entering during times of low water. 5.Implement a water quality monitoring program in Private Lake, as approved by EPD. 6.Provide a signed and sealed survey that reflects the current footprint (depth and width) of the subject channel area. The survey shall include a tree survey that includes any tree that falls within twenty feet of the subject channel area.

12. Proposed On-site Mitigation Plan Conservation easement Staff gauge locations Sampling locations Conservation Easement signs

13. Summary  No other feasible or practical alternatives exist that will permit a reasonable use of the land.  Minimized the impact.  The mitigation plan meets the objective of protection, preservation, and continued viability of the Class I conservation area.

14. Action Requested ACTION REQUESTED: Approval of the After-the-Fact Conservation Area Impact Permit subject to the conditions listed in the staff report and as modified: Modified Condition 1: This permit shall become final and effective upon expiration of the thirty (30) fifteen (15) calendar day appeal period following the date of issuance rendition of the Board of County Commissioners’ decision approving the permit, unless a petition for writ of certiorari or other legal challenge an appeal has been filed within this timeframe. Any timely filed petition or other challenge appeal shall stay the effective date of this permit until the petition or other challenge is resolved in favor of the Board’s decision. Modified Condition 15: This permit does not release the permittee from complying with all other federal, state, and local laws, ordinances, rules and regulations. Specifically, this permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities upon property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 15, Article VI Article X of the Orange County Code. If these permit conditions conflict with those of any other regulatory agency the permittee shall comply with the most stringent conditions. Permittee shall immediately notify EPD of any conflict between the conditions of this Permit and any other permit or approval.

15. Action Requested ACTION REQUESTED: ACCEPT DONATION FROM THE KEENE’S POINTE COMMUNITY ASSOCIATION IN THE AMOUNT OF $20,000 FOR THE WINDERMERE WATER AND NAVIGATION CONTROL DISTRICT TO SUPPLEMENT FUNDING OF THE BUTLER MARINE PATROL.

16. Environmental Protection Division Environmental Protection Division 800 Mercy Drive Orlando, Florida 32808 407.836.1400 FAX 407.836.1499 800 Mercy Drive Orlando, Florida 32808 407.836.1400 FAX 407.836.1499