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EPTAB Minutes 05/04/1992 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BO c„, �„a Minutes of 4 May 1992 Meeting X7.1 - 44t,(� 'jq .„4,1 a / ria-*w1`gg+im 2. F ?k;. ly.,raFS +n7 Present: David Addison Gary Beardsley Mike DaviRaY 7 1992 C David Land David Maehr Tony Pires Larry Richardson Glenn Simpson i4 f & r- ;„ ,� MA L ULJRCES Absent: Steven Means (unexcused) AIVA ° ' Michael Saadeh (unexcused) David Wilkison (unexcused) Observers: Kevin Dugan, Cathy Owen & Fran Stallings (Collier Co. NRD) , Bill Lorenz (Collier Co. Environmental Services Div. ) ; Kim Polen & Barbara Prynoski (Collier Co. Project Review) ; Nancy Payton & Chris Straten (Friends of the Bald Eagle) ; Tony Polizos (Soil Conservation Service) . 1. Meeting called to order at 4 : 10 P.M. by Chairman Simpson. 2 . Chairman Simpson stated that David Wilkison would be late (but he did not attend) . Bill Lorenz stated that no board members had notified his office of their absence. 3 . Bill Lorenz gave an update on the current schedule for the CZMP BCC evening public hearings - 20 May and 3 June. He informed EPTAB that their role would be in future workshops for the ordinances and LDC amendments per current CZMP recommendations (Section I) . ► Gary Beardsley stated that EPTAB should take a supportive role at the upcoming BCC public hearings. He then made a motion that the Coastal Zone subcommittee meet before 18 May, to review the CZMP Section I recommendations per recent modifications re: CCPC hearing/public comment, & make any further recommendations. The subcommittee will also recommend to EPTAB at the next meeting (18 May) if EPTAB should take a position for the 20 May hearing. This motion was seconded and carried with one opposed (Tony Pires) . 4 . The minutes of the 20 April 1992 meeting were approved. 5. Bill Lorenz introduced Dr. Fran Stallings, the new Collier County Natural Resources Department Director. 6. Bill Lorenz gave an overview of the Habitat Protection Ordinance (HPO) process and intent; he also informed EPTAB that, according to the BCC approved strategic plan, EPTAB would have to conduct a public workshop on the HPO by 30 May. ► Kevin Dugan then gave a presentation of how the habitat ranking criteria (in the HPO) are applied, using 3 examples. [EPTAB received a packet, including the current habitat evaluation criteria, HPO process flowcharts, evaluation criteria, & 3 examples (FLUCCS vegetation maps) . ] EPTAB comments during the presentation included: - consideration for SFWMD requirement of upland buffer around preserved wetland; - consideration of peripheral native vegetation buffers; - concern about coordination with other wetland jurisdictional agencies; - it was noted that "600" as a FLUCCS = jurisdictional wetland. - to note "non-native non-jurisdictional wetlands" during evaluation - to include FUNCTION as a criterion again (this category is currently deleted from the habitat evaluation criteria) ; - to involve USFWS/FGFWFC agencies up-front 7. David Land expressed concern that, although some of the technical information had been discussed during EPTAB meetings, almost no policy decisions had been made (i.e. at what point was taking, where & to what size parcel should the HPO apply) . He felt that progress needed to be made, as the summer was approaching; he wanted a solid draft (subsequent to EPTAB public hearing at end of May) by mid-June. He stated that the HPO needed to address the following 5 categories: 1) mandatory without opportunity for compensation 2) mandatory with mitigation potential 3) mandatory with opportunity for compensation 4) recommended with incentives potential (e.g. tax break) 5) recommended without incentives potential ► He then distributed a resolution to EPTAB members, entitled "Proposed EPTAB Resolution Related to the Habitat Protection Ordinance" , which addresses his concerns. A discussion ensued among members re: habitat protection, sustainable populations, function, equity, etc. 8. Upcoming EPTAB meeting dates were set for 18 May, 1 June, and 15 June. 9. Bill Lorenz stated that a revised HPO draft would be complete by 18 May, showing where the HPO would amend the LDC, and that the BCC-required public workshop could be conducted at the 1 June EPTAB meeting. He will notify EPTAB if this meeting can be held at the Commission chambers. 10. Brief public comment was received from Chris Straten. 11. Meeting adjourned at 6: 12 P.M. Mr. Fran Stallings, Ph.D. Natural Resources Dept. N.B. THE FOLLOWING UNDERLINES AND STRIKETHROUGHS INDICATE SOME OF THE AREAS OF THE LDC THAT MAY BE AFFECTED BY THE PROPOSED HABITAT PROTECTION ORDINANCE. DIV. 3.8 ENVIRONMENTAL IMPACT STATEMENTS (EIS) . SEC. 3.8.2 PURPOSE. 3.8.2.1 The purpose of this division is to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment-, and to preserve appropriate native vegetative communities and wildlife habitat. To encourage projects and developments that will: 1. Protect, conserve and enhance, 2 . Minimize the future reduction. . . . 3 . Reduce the necessity for 4 . Manage and conserve important native County_ habitats and associated species. SEC. 3.8.3 APPLICABILITY; ENVIRONMENTAL IMPACT STATEMENT (EIS) REQUIRED. 1. Any site with a ST or ACSC-ST overlay. 2 . All sites seaward of the Coastal Management Boundary that are two and one half (2 . 5) or more acres, unless a Rare, Unique, or Endangered (RUE) habitat is present; an EIS shall be required for any site where a RUE habitat is present. 3 . All sites landward of the Coastal Management Boundary that are ten (10) or more acres, unless a Rare, Unique, or Endangered (RUE) habitat is present; an EIS shall be required for any site where a RUE habitat is present. 4 . Any other development or site alteration which in the opinion. . . .consistency with the Growth Management Plan. 3.8.5.3 Mapping and support graphics. -1- 1. General location maps. 2 . Native habitats and their boundaries shall be identified photographic evidence. 3 . Results of Native Habitat Analysis (Sec. 3 .8. 6) showing calculated rankings for the habitats identified in "2 . " above. 3 4 . Topographic map showing upland, . . . 4 5. Existing land use. . . 5 6. Soils map at scale. . . 6 7 . Proposed drainage plan. . . 8 . Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area, and proposed native habitat preservation area. 3.8.5.4.2 Public Facilities and Services 4 . Recreations open spaces and preservation areas a. Acreage and facilities demand. . . . b. Amount of public/park. . . . c. Amount of land set aside in preservation area pursuant to the Native Habitat Analysis (Sec. 3 . 8 . 6) . ed. Management plans for any open. . . de. Plans for recreational. . . i€. Amounts of public recreation. . . €g. Development and/or blockage. . . SEC. 3.8.6 NATIVE HABITAT ANALYSIS (NHA) . -2- 3.8. 6.1 The Purpose of the Native Habitat Analysis (NHA) is to manage and conserve the native habitats and associated species in Collier County, through the identification, protection, conservation, and appropriate use of native vegetative communities and wildlife habitats. 3.8.6.2 For the purposes of this Division, native habitats shall be defined as Dune and Strand, Xeric Scrub, Hardwood Hammock, Pine Flatwood, Dry Prairie, and Wetlands. 3.8.6.3 Criteria for Native Habitat Evaluation. Collier County Project Review Staff shall utilize five criteria (rarity, listed species, size, location, and condition) , to assess the relative ecological value of specific delineated native habitats within a protect site. Points shall be assigned for each criterion to determine an overall score for each habitat. Resulting scores shall determine the priority in which habitat preservation will occur within the project site. I. RARITY Rarity of habitat type in Collier County is based on FGFWFC 1991 Landsat acreages. The rarest ("at risk") habitat types shall be given the highest priority for preservation. Ranked from high to low, these are: HABITAT TYPE: POINTS A - Xeric Scrub 6 B - Hardwood Hammock 4 C - Dry Prairie 3 D - Pine Flatwood 2 E - Wetlands 1 II. LISTED SPECIES Listed species means any plant or animal species classified as endangered, threatened, or as a species of special concern by the USFWS, FGFWFC, or CITES, as listed in the current FGFWFC "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" . The biological survey for the presence of listed species shall follow the standards and criteria adopted by the FGFWFC, in their "Wildlife Survey Methodology Guidelines" (1988) . CATEGORY: POINTS A - The delineated habitat is known (by study or confirmed sighting) to support one or more listed species, or, the delineated habitat exhibits visible evidence of the presence of listed species -3- (i.e. burrows, nests, tracks, scat, etc. ) . 4! B - The delineated habitat meets size, vegetative, and other life history requirements to serve as a probable habitat for one or more listed species. (Appropriate scientific literature shall be referenced) . 2 C - The delineated habitat falls within the review zone of one or more listed species, and: 1. that habitat is appropriate for supporting the species; or, 2 . disturbance of that habitat will endanger the species. 1 D - None of the above statements is true. 0 A 4 points are to be given for each listed species confirmed on the site. III. SIZE (of delineated native habitat in acres) : A - Coastal Zone B - All other areas POINTS > 10 acres > 50 acres 3 2-10 acres 10-50 acres 2 0. 5-2 acres 0. 5-10 acres 1 < 0. 5 acres < 0. 5 acres 0 IV. LOCATION (of delineated habitat with respect to proximate native areas or land uses) : CATEGORY: POINTS A - The delineated habitat is adiacent to or contiguous with designated and/or functional (i.e. riverine) corridors. If the delineated habitat area is greater than the amount required for preservation, then the greatest amount of the delineated habitat area contiguous to the existing corridor shall receive primary consideration for preservation. 6 B - The delineated habitat is adjacent to or contiguous with protected native habitats other than corridors, such as preservation/conservation areas or easements, or NRPA's. 4 C - The delineated habitat is not adjacent to protected native habitats, and is adiacent to functioning, non-protected native habitats. 3 D - The delineated habitat is not adiacent to protected and/or other functioning native habitats, and is adjacent to areas where existing use has -4- pinimum environmental impact, such as silviculture and grazing activities and some forms of recreation activities, where such activities have altered the natural functioning of the native habitat. 2 E - The delineated habitat is not adiacent to functioning native habitats or areas where existing use has minimum environmental impact, and is adjacent to disturbed areas, including areas invaded by exotic plant species, and/or areas utilized for agriculture other than silviculture or grazing. 1 F - The delineated habitat is surrounded by urbanized or developed areas. 0 If the delineated habitat area is greater than the amount required for preservation, then the greatest amount of the delineated habitat area contiguous to the existing native habitat shall receive primary consideration for preservation. V. CONDITION (quality of delineated habitat with respect to prior alteration/disturbance: CATEGORY: POINTS A - The delineated habitat is undisturbed, or has recovered from prior disturbance/alteration. 3 B - The delineated habitat shows evidence of past minor alteration or disturbance, concurrently, the restoration potential is good. 2 C - The delineated habitat shows evidence of past major alteration or disturbance (with loss of function) , concurrently, the restoration potential is fair. 1 D - The area in question is developed or barren, concurrently, the restoration potential is poor. 0 3.8.6.3. 1 In the event of a conflict between Development Services staff and the applicant, the conflict will be brought before the Environmental Advisory Board. 3.8.6.4 Ranking Procedure. All habitats listed in Sec. 3 . 8.6. 2 shall be ranked by applying criteria in Sec. 3 .8. 6. 3 . The total points resulting from this criteria ranking shall be indicated on a FLUCCS vegetation map (Sec. 3 .8 . 5. 3) and shown in tabular format. -5-