Resolution 2005-270
RESOLUTION NO. 05- 270
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO
APPROVE THE AUDUBON COUNTRY CLUB PLANNED
UNIT DEVELOPMENT BALD EAGLE MANAGEMENT
PLAN DATED JUNE 8, 2005; AND RESCINDING THE
TWO PREVIOUS BALD EAGLE MANAGEMENT PLANS
DATED NOVEMBER 19, 1991 AND OCTOBER 31, 2000
RESPECTIVELY.
WHEREAS, the Collier County Board of County Commissioners has previously
approved two Bald Eagle Management Plans dated November 19,1991 and October 31,2000 for
the Audubon Country Club Planned Unit Development; and
WHEREAS, the previously approved Bald Eagle Management Plans for the Audubon
Country Club Planned Unit Development contain conflicting requirements; and
WHEREAS, Collier County is an environmentally sensitive community, supporting the
value of all wildlife, as a part of a balanced ecological system; and
WHEREAS, the provisions of the Audubon Country Club Bald Eagle Management Plan
dated June 8, 2005 have been approved by the United States Fish & Wildlife Service and the
Florida Fish & Wildlife Conservation Commission; and
WHEREAS, the Bald Eagle Management Plan dated June 8, 2005 contains clear and
concise provisions for protection of the pair of eagles that currently nest in the western portion of
the Audubon Country Club Planned Unit Development and their chicks while allowing some
construction of single-family homes within the different protection zones around the nest trees.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. APPROV AL OF THE AUDUBON COUNTRY CLUB BALD EAGLE
MANAGEMENT PLAN
The Board of County Commissioners of ColJier County, Florida approves and accepts
the Audubon Country Club Bald Eagle Management Plan dated June 8, 2005 as the Bald Eagle
Management Plan of record attached hereto as Exhibit A and incorporated herein by reference,
SECTION TWO. RESCISSION OF PREVIOUS BALD EAGLE MANAGEMENT PLANS
The two previous Bald Eagle Management Plans for the Audubon Country Club Planned
Unit Development dated November 19, 1991 and October 31, 2000 respectively are hereby
rescinded. The June 8, 2005 Bald Eagle Management Plan hereby supercedes and replaces those
two Bald Eagle Management Plans.
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BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of the
Board.
This Resolution adopted after motion, second and majority vote.
Done this 26th day of July, 2005.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
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Approved as to form and legal sufficiency:
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Marjo e Student-Stlrlmg
Assistant County Attorney
2
Exhibit A
Bald Eagle Management Plan
Audubon Country Club
June 8, 2005
1.0 Purpose and Intent
This management plan addresses eagle nests CO-20 and CO-20A and any future eagle
nests that may be built within the Audubon Country Club. The purpose of this plan is to
ensure that a "take" as defined under Section 9 of the Endangered Species Act is not
likely to occur to a pair of bald eagles or their young occupying the active nests in
question provided the guidance contained in this document is followed. This plan
outlines the restrictions and approved protocols for existing and future home builders and
residents to protect an acti ve eagle's nest. The plan recognizes that the existing eagles
have moved between two separate nests and provides a strategy to identify appropriate
restrictions if the eagles move to a new nest tree. This plan also supersedes any prior
approved bald eagle management plans for Audubon Country Club PUD.
2.0 Project Description and History
The Audubon Country Club encompasses approximately 775 acres, and it is located in
Sections 5, 8 and 9, Township 48 South, Range 25 East, in northwestern Collier County,
Florida, The Audubon Country Club was originally approved as a Planned Unit
Development (PUD) in the late 1980's. Currently, this development is partially built, and
consists of single and multi- family residences, and a golf course on a 775-acre parcel.
In 1991, an active eagle nest, Florida Fish and Wildlife Conservation Commission (FWC)
number (CO-20) was found in the southwestern portion of the site (Figure 1),
Accommodating the nest and required buffer zones necessitated changes to the approved
Master Plan for Audubon Country Club Unit II. These changes were approved in 1991.
The applicable changes included addition of a bald eagle preserve along with restrictions
as to the location and timing of construction within the designated primary and secondary
buffer zones.
The original nest was active each year since 1991. In the 1994-1995 nesting season, the
original nest CO-20 was abandoned and a new nest FWC CO-20A was constructed
approximately 965 feet north of the old nest tree. Accommodating the nest at the new
northern location included a management plan with restrictions as to the location and
timing of construction that was incorporated into the Master Plan for Audubon Country
Club Unit III. The eagles remained in this northern nest through the 1999-2000 nesting
season. No nesting was noted on site for the 2000-2001 nesting season.
During the 2001-2002 nesting season the eagles moved back to their former nest tree,
which has been dead for some time (south nest). The eagles successfully nested in the
southern nest through the 2003-2004 nesting season. During this nesting season (2004-
2005) the eagles have moved back to the northern nest tree. Monitoring to date indicate
that two young eagles fledged during mid March of 2005.
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Exhibit A
There has been active eagle nesting at Audubon Country Club for the last 14 years. It is
noted that when the eagles moved to the northern nest they were moving closer to
existing construction and development. It is also noted that the eagles moved back to the
southern nest after the lands around the nest had been cleared for home si tes and a lake
had been constructed immediately east of the nest tree. During this nesting season 2004-
2005 the eagles moved back to the north nest. Home construction was actively occurring
to the north of this nest when the eagles moved back to the northern nest. Audubon
Country Club has preserved approximately 300 acres of land within and adjacent to
Hickory Bay.
Nest History
Nest Nesting Season Active with Young
South 1991-1992 Yes
South 1992-1993 Yes
South 1993-1994 Yes
North 1994-1995 Yes
North 1995-1996 Yes
North 1997-1998 Yes
North 1999- 2000 Yes
North 2000- 2001 No
South 2001- 2002 Yes
South 2002-2003 Yes
South 2003-2004 Yes
North 2004-2005 Yes
3.0 General Principles for Bald Eagle Protection.
The bald eagle was listed as endangered on March 11, 1967, due to significant population
declines (32 FR 4001). The status of bald eagle was reclassified from endangered to
threatened on J ul y 12, 1995, due to substantial population increases following
conservation efforts, including the banning of DDT and other organochlorine pesticides
(60 FR 36010). No critical habitat has been designated for this species. A proposed rule
to delist the bald eagle was published in the Federal Register on July 6, 1999.
Under a joint review process for bald eagles established during the summer of 1998, the
Service, in coordination with the FWC, agreed on a standard primary zone extending 750
feet from the nest tree and a standard secondary zone extending from 750 to 1,500 feet
from the nest tree. Biologists analyze the best biological information to make a case-by-
case determination on whether a proposed activity may adversely affect nesting bald
eagles. Information analyzed may include type of preposed activity, time of year and
duration of proposed acti vi ty , vegetative screenmg, current disturbances, and
demonstrated tolerance of nesting eagles to disturbance.
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Exhibit A
The Habitat Management Guidelines for the Bald Eagle in the Southeast Region (Service
1987) (Guidelines) provide recommendations to avoid adversely affecting the bald eagle,
especially during the nesting season, In general, the Guidelines recommend In the event
that building construction in the secondary zone is not completed during the non-nesting
season, the Bald Eagle Monitoring Guidelines (Service 2002) should be initiated. These
guidelines area available at http://northflorida.fws,gov.
Bald eagles are vulnerable to disturbance early in the nesting season, i.e,. during
courtship, nest building, egg laying, incubation, and brooding (roughly the first 12 weeks
of the nesting cycle). Disturbance during this critical period may lead to nest
abandonment and/or chilled or overheated eggs or young. Human activity near the nest
later in the nesting cycle may cause the eaglet(s) to fledge prematurely, thereby reducing
the likelihood of fledgling survival.
In general, the Service discourages all types of construction within the primary zone (0 to
750 feet from a nest tree) of a bald eagle nest territory, However, in recent years, with a
growing bald eagle population in Florida, we have found certain exceptions are
acceptable without harm to the eagle, Existing State and Federal Bald Eagle Guidelines.
scientific literature on bald eagle disturbance, and recommendation from State and
Federal biologists who monitor the impact of human activity on bald eagles, suggest that
bald eagles are unlikely to be disturbed by continuous use of roads, homes, and other
facilities where such use predates the eagles' nesting activity in a given area. Therefore.
in most cases ongoing existing use may proceed with the same intensity with little risk of
disturbing bald eagles. However, some intermittent uses that predate eagle nesting in an
area may disturb bald eagles (e. g., construction of new residences and other structures).
Bald eagles are vulnerable to disturbance early in the nesting season, i.e., during
courtship, nest building, egg laying, incubation, and brooding (roughly the first 12 weeks
of the nesting cycle). Disturbance during this critical period may lead to nest
abandonment and/or chilled or overheated eggs or young. Human activity near the nest
later in the nesting cycle may cause the eaglet(s) to fledge prematurely, thereby reducing
the likelihood of fledgling survival.
The Service identifies two broad categories of construction activities; a) new subdivisions
and, b) single-family residences. A subdivision is regarded as the construction of
multiple residences on a previously undeveloped area. When roads, homes and other
facilities predate the establishment of an eagle nest territory, subsequent building of
homes within a subdivision should be treated as single-family residences as set forth in
the letter "Clearance to Proceed with Construction Activities Adjacent to Bald Eagle
Nests (Service 2004). The Bald Eagle Management Protection Criteria outlined in
Section 4.0 are based, in part, on the requirements of a single-family residence set forth in
this letter.
The Service believes that "take", as defined under Section 9 of the Endangered Species
Act, is not likely to occur to a pair of bald eagles or their young, occupying the active
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Exhibit A
nests in question provided the guidance contained in this Bald Eagle Management Plan is
followed.
4.0 Protection Criteria
Current USFWS guidelines recommend that applicants make every effort to locate their
homes and any accessory structures so they maintain a minimum of 750 feet from the
nest tree. If there are structures (homes) closer than 750 feet from the nest, the proposed
construction may occur at a distance equal to but not closer than that of the existing
structure, providing the size and scope of the new structure is similar to that of the
existing structure.
In the Audubon Country Club PUD, roads, houses, other structures, and the acti vities
associated with them predate the alternate use of nests CO-20 and CO-20A. As of May
2005, the closest existing structure to these nests is a partially completed house located at
242 Audubon Blvd. (Audubon Country Club Unit 2, Block F, Lot 12) and is
approximately 350 feet from the nest tree.
4.1 Locational Restrictions
4.1.1 Zero to 50 feet from nest tree
a. To prevent soil compaction that may possibly harm the nest tree, no vehicles or heavy
equipment will be allowed to operate within 50 feet of a nest tree at any time.
b. Human activity limited to eagle nest conservation purposes is the only activity allowed
within this area during any nesting season in which the nest is being used by the
eagles.
c. Pets are not allowed in this area.
4.1.2 Zero to 350 feet from the nest tree
a. Site alterations are limited to conservation purposes. Any proposed conservation site
alteration will require approval from USFWS, FFWCC, and Collier County.
b. Until such time as nests 20 and 20A are declared lost or abandoned (Section 4.2) or an
applicant receives an incidental take permit pursuant to Section 4.5, the County will
not permit the construction of a primary or accessory structure, a wall, or a fence on
the following lots in Audubon Country Club: Audubon Country Club, Unit 2, Block
F - Lots 13-16 and Audubon Country Club, Unit 3 - Lots 1-8. Some of the Audubon
Country Club, Unit 3 lots are farther than 350 feet from nest 20. However there are no
closer structures to allow construction until such time as nest 20 is declared lost or
abandoned (Section 4.2) or an applicant receives an incidental take permit pursuant to
Section 4.5 as stated above. See Figure l dated 6/ I 0/.,2005,
c. Mowing for compliance with County Code is allowed during the non-nesting season.
4.1.3 350 feet to 750 feet from the nest tree
a. On lots within this area, structures must be located the furthest distance from the nest
tree that setbacks will allow.
b. Any native tree greater than 20 feet in height located between the proposed nest tree
and 15 feet from the building footer must be preserved.
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Exhibit A
c. Unless otherwise allowed by this Plan, a person may not conduct exterior construction
during the nesting season of October 1 through May 14. Exterior construction means
all work associated with lot preparation (vegetation clearing, excavation and filling),
and horizontal and vertical construction. A person may conduct exterior construction
prior to May 14 only if a qualified biologist documents any of the following
conditions:
(1) No evidence of use of a nest by February 1, in which case a person may conduct
exterior construction during the normally prohibited period of February 1 through
May 14;
(2) Documented failure by March 1, in which case a person may conduct exterior
construction during the normally prohibited period from the date of documented
failure through May 14 and;
(3) Young eaglets have fledged the nest, in which case a person may conduct exterior
construction from the date the eaglets have fledged the nest through May 14.
d. During the nesting season, all work associated with interior construction including
preparatory cutting, sawing, or any other activity that supports this work must occur
inside an enclosed house or garage provided that monitoring is performed pursuant to
Bald Eagle Monitoring Guidelines (Service 2002). Work associated with interior
construction may occur outside of the house or garage prior to May 14 only if a
qualified biologist documents any of the following conditions:
(1) No evidence of use of a nest by February 1, in which case a person may conduct
exterior construction during the normally prohibited period of February 1 through
May 14;
(2) Documented failure by March 1, in which case a person may conduct exterior
construction during the normally prohibited period from the date of documented
failure through May 14 and;
(3) Young eaglets have fledged the nest, in which case a person may conduct exterior
construction from the date the eaglets have fledge the nest through May 14.
e. All exterior lighting must be shielded from the view of the birds on the nest.
f. During the nesting season, no radios, CD players, or similar equipment or loud noises
detectable within 50 feet of the nest tree are allowed.
4.1.4 750 feet to 1500 feet from the nest tree
A person may conduct exterior construction during the nesting season provided that the
Bald Eagle Monitoring Guidelines (Service 2002, or any subsequent USFWS eagle
monitoring document) are followed. Interior construction work may be conducted year
round without monitoring. Exterior construction during the non-nest season can be
conducted without monitoring. If condition (1), (2), or (3) from section 4.1.3 c. are met,
the breeding season is considered terminated, and monitoring is no longer required.
4.2 Lost, Inactive or Abandoned Nests.
If a nest or a nest tree is lost by natural causes, the restrictions provided in Section 4.1
will apply through two complete breeding seasons. An abandoned nest means that the
nest is inactive (unused) but intact or partially intaq through five complete breeding
seasons. Once a nest is abandoned, then the restrictions provided for in Section 4.1 will
no longer apply.
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Exhibit A
4.3 New Nests
If an eagle pair builds a nest in a new location, the protections outlined in this document
will be instituted .within the 1500-foot radius of the new nest tree. Cons tructi on
restrictions will be evaluated based on distance between the nest tree and the closest
existing structure. New nest locations will require this Bald Eagle Management Plan to
be amended subject to the requirements of Section 4.4.
4.4 Plan Amendments
This plan shall be amended to specifically address the circumstances based on the
location of any future nest trees. In the event that the applicant is unable to meet the
recommendations provided in this management plan, they may contact the Service
directly for further guidance. If applicant agrees to the parameters and adheres to the
recommendations cited above, the Service does not object to the initiation of the project.
An amendment to this plan will be required by Collier County and may be done
administratively.
Any changes to the management plan activities outlined above must first be reviewed and
approved by the U.S. Fish and Wildlife Service, Florida Fish and Wildlife Conservation
Commission and Collier County prior to implementation of the changes.
4.5 Process to receive approval for building closer to nests CO-20 and CO-20A
(Incidental Take Permit)
While building anywhere closer to the bald eagle nests CO-20 and CO-20A is not
recommended by the Guidelines, the USFWS has options to consider.
The Service is responsible for administering the Endangered Species Act (ESA). Section
9 of the ESA prohibits unauthorized take of listed species. Take means to harm, harass,
pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in such
acti vi ty. Harm is further defined to include significant habitat modification or
degradation that results in death or injury to listed species by significantly impairing
behavioral patterns such as breeding, feeding, or sheltering. Harass is defined as actions
that create the likelihood of injury to listed species to such an extent as to significantly
disrupt normal behavior patterns which include, but are not limited to, breeding, feeding,
or sheltering.
If a project will impact federal jurisdictional wetlands, section 7 of the ESA can provide
an exception to the section 9 prohibitions through consultation with the U.S. Army Corps
of Engineers (Corps) and authorization of incidental take. If no federally jurisdictional
wetlands are involved, section 10 of the ESA provides an exception to the section 9
prohibitions through the Service's incidental take permit process. Incidental take is
defined by the ESA as take that is incidental to, and not the purpose of, carrying out an
otherwise lawful activity. The incidental take section 10 permit process requires
completion of a permit application and a Habitat Cons~rvation Plan (HCP), If a project
does not involve impacts to wetlands, an applicant may need to complete a permit
application and an HCP specific for the bald eagle.
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Exhibit A
It should also be noted that the scope of a project may determine the need for incidental
take authorization. For instance, a project deemed by the Service to be insignificant in
terms of impacts to the bald eagle, or would not increase risk to the bald eagle, could be
termed not likely to adversely affect the bald eagle and negate the need for incidental take
authorization.
An applicant may receive County authorization to build closer to nests CO-20 and CO-
20A than that provided for in Section 4.1 provided that the applicant furnishes either:
a. an incidental take permit from the USFWS, or
b. written notification from the USFWS that the USFWS finds that the project will not
likely adversely affect the bald eagle and an incidental take authorization is not
needed.
If any incidental take permit is obtained for a nest in the Audubon Country Club PUD,
there will be an additional final review and acceptance by the BCC in a duly advertised
public hearing prior to the County issuing any building permits.
4.6 Monitoring
Collier County will conduct periodic monitoring of these projects for compliance with
these requirements and assessment of the status of the nesting eagles.
4.7 Notification Requirements
The Homeowners' Association will provide each owner of an undeveloped lot within
1500 feet of CO-20 and CO-20A with a copy of the eagle management plan.
4.8 Lot Owner Responsibilities
Each lot owner that undertakes construction within 1500 feet of an active eagle nest is
responsible for insuring that construction is in compliance with this management plan.
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