Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Resilient Environment Division: Environmental Permitting Division
Information
Requested Action
title
MOTION TO APPROVE the Release of Joint Deed of Conservation Easement and Agreement over an on-site wetland mitigation area comprising 1.86 acres of real property located south of Griffin Road, west of SW 184th Avenue, in the Town of Southwest Ranches, Florida, and to authorize the County Administrator to execute same. (Commission District 1)
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Why Action is Necessary
Board action to release a conservation easement is authorized by Sections 125.01(3) and 704.06(3), Florida Statutes. Board action is also necessary to fulfill the requirements of Broward County Environmental Resource License (ERL) No. DF04-1042, modified on June 26, 2019, and issued pursuant to Chapter 27 of the Broward County Code of Ordinances.
What Action Accomplishes
Enables Broward County to release the Joint Deed of Conservation Easement and Agreement (Conservation Easement was accepted on March 25, 2008, Agenda Item No. 32).
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None taken.
Summary Explanation/Background
THE RESILIENT ENVIRONMENT DEPARTMENT AND THE ENVIRONMENTAL PERMITTING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
This item supports the Board’s goal of ensuring accessible, seamlessly integrated investments in renewable energy, sustainable practices, manufacturing, resilient infrastructure, and environmental protection.
On June 2, 2008, the Environmental Permitting Division (EPD) issued ERL No. DF04-1042 to Daniel Downey (“Downey”). The ERL authorized impacts to 2.2 acres of wetland associated with a residential development project and required Downey to: 1) provide 1.86 acres of on-site mixed habitat wetland mitigation area and buffers related to the development of the 36-acre site (see page 3 of Exhibit 1); and 2) grant a Joint Deed of Conservation Easement and Agreement to Broward County and the South Florida Water Management District (SFWMD) over the site and mitigation area. The Joint Deed of Conservation Easement and Agreement was recorded on June 10, 2008, as Instrument No. 107942850, Official Records of Broward County, Florida. Before development, the property was ultimately sold to Akai Estates, LLC (“Licensee”). The ERL was modified and transferred from Downey to Licensee on August 31, 2016.
A June 28, 2019, site inspection found impacts to the proposed mitigation area had occurred and that the proposed mitigation area had not been constructed. Licensee was notified that the site inspection determined the proposed mitigation area was impacted by construction activities associated with the residential development. Discussions with Licensee were confirmed by County staff that its U.S. Army Corps of Engineers (ACOE) permit SAJ-2004-12450 (SP-CF) and SFWMD permit 06-07153-P required mitigation for all wetland impacts be provided by purchasing 0.74 credits from the Loxahatchee Mitigation Bank. SFWMD had released its interest in the Joint Conservation Easement and Agreement, which was recorded as Instrument No. 113605160, Official Records of Broward County, Florida. However, Licensee never requested a release of the Joint Conservation Easement and Agreement from Broward County.
On June 26, 2019, Broward County issued Licensee an ERL modification (Exhibit 2). The modification authorized the total wetland impact area of 2.46 acres to be offset by the purchase of 0.74 credits at the Loxahatchee Mitigation Bank. This motion approves the release of Broward County’s interest in the Joint Conservation Easement and Agreement since mitigation was provided by the purchase of 0.74 credits as required by the ACOE and SFWMD permits.
The Release of Joint Deed of Conservation Easement and Agreement (Exhibit 1) was reviewed and approved as to form by the Office of the County Attorney.
Source of Additional Information
David Vanlandingham, Director, Environmental Permitting Division, 954-519-1478.
Fiscal Impact
Fiscal Impact/Cost Summary
No fiscal impact.