Agenda 02/24/2009 Item #16E 1
F.genda Item No. 16E 1
February 24, 2009
Page 1 of 35
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to authorize the Chairman to sign a
Safe Harbor Agreement with the U.S. Fish and Wildlife Service for specialized management of
the Conservation Collier Nancy Payton Preserve
OBJECTIVE: To obtain approval from the Board of County Commissioners to authorize the Chairman to sign a
Safe Harbor Agreement with the U.S. Fish and Wildlife Service (USFWS) for specialized management of the
Conservation Collier Nancy Payton Preserve.
CONSIDERATIONS: The "Safe Harbor Agreement" is an agreement with the USFWS that wiiI ensure the County
implements specific management activities that will provide a net conservation benefit to the endangered Red
Cockaded Woodpecker (RCW). Ail specific management activities would be performed on the Nancy Payton
Preserve located north of Brantley Blvd. and east of Blue Sage Drive in Section 24 of North Beile Meade. This
agreement wiil benefit the County in the future if decisions are made to install a parking area, facilities or, more
importantly, if the Green Blvd. Extension is constructed. This road extension is currently in the County
Transportation Department's 30 year long range plan. Under this agreement a "baseline" RCW population survey
is conducted prior to any land management improvements. The "baseline" of the property is zero because there
are no RCWs. If development occurs in the future in areas where land management improvements have lead to
an increased RCW population, Collier County wiil only be responsible for mitigating for the woodpecker based on
the original "baseline" conditions of zero, not the "improved" conditions. Additionaily, USFWS wiil assist with the
relocation of any RCWs above the original "baseline" population in the event of future development. Without a
"Safe Harbor Agreement" the more stringent relocation requirements of the Endangered Species Act would apply
in the event of future development. It is also beneficial for the County to increase public support for RCW
conservation and endangered species management and we may also become a relocation site for any other birds
- that may need to be relocated from other County properties. Conservation Coilier has already accomplished many
of the management obligations outlined in the agreement such as mid-story fuel reduction and prescribed fire
preparation. Management of the preserve for Native Wildlife Species meets GOAL 6, Action item 6.1, of the
Nancy Payton Preserve Final Management Plan, which was approved by the Board on September 23, 2008
(Agenda Item # 16E8). The Conservation Coilier Land Acquisition Advisory Committee unanimously approved
the Safe Harbor Agreement on January 12, 2009, with changes added to extend the agreement to 97 years and
to add language to Attachment A stating "management activities will be conducted as program funding allows."
The agreement is a voluntary program and can be canceiled at any time with 60 days notice without penalty as
long as baseline levels are maintained.
FISCAL IMPACT: There is no fiscal impact associated with this agreement. Ail land management activities
required under this agreement have been or wiil be accomplished through the implementation of the Board
approved Nancy Payton Preserve Final Management Plan.
GROWTH MANAGEMENT IMPACT: The development of an agreement for management of a County resource
complies with the Intergovernmental Coordination Element of the Growth Management Plan directing the County
to participate in cooperative planning programs with other governmental entities and with Objective 1.1.4 of the
Conservation and Coastal Conservation and Management Element directing the County to continue cooperation
with State, and Federal environmental agencies to manage natural resources.
LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (No. 2002-63, as amended), Section 14,
provides a legal framework for seeking cooperative management arrangements with other agencies, in keeping
with approved management plans and goals of the program. The Safe Harbor Agreement is voluntary. Should
the County terminate, no penalty or negative consequence to the County VJou!d occur because the County would
only be required to bring the property back to the baseline condition of zero as well as maintain partial foraging
activities that are already required by the Management Plan. USFWS requires that the County execute the
document first. As such, the Office of the County Attorney has approved the Safe Harbor Agreement for form and
legal sufficiency and will assure that the document is properly executed by USFWS when it is returned to the
County. This item is not quasHudicial, and as such ex parte disclosure is not required. This item requires a
majority vote only. - JBW
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RECOMMENDATION: That the Board of County Commissioners authorizes the Chairman to sign the attached
USFWS Safe Harbor Agreement for specialized management of the Conservation Collier Nancy Payton Preserve.
Prepared by: Christal Segura, Environmental Specialist, Facilities Management Department
Page 1 of I
Agenda Item No. 16E1
February 24, 2009
Page 3 of 35
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16E1
Item Summary:
Recommendation for the Board of County Commissioners to authorize the Chairman to sign
a Safe Harbor Agreement with the U.S. Fish and Wildlife Service for specialized
management of the Conservatlon Collier Nancy Payton Preserve.
2/24/20099:00:00 AM
Meeting Date:
Appro\-'ed By
!\.~e!issa Hennig
E:wtionmental Specialist
Date
Administrative Services
Facilities Management
21512009 1 :55 PM
Approved Oy
Skip Camp, C.F.M.
Facilities Management Director
Facilities Management
Date
Administrative Services
2110/20098:29 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
2111120092:01 PM
Approved By
OMB Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
2111120093:19 PM
Approved By
Jennifer A. Belpedio
Assistant County Attorney
County Attorney Office
Date
County Attorney
2118/20098:34 AM
Approved By
Jeff K~atzkow
County Attorney
Assistant County Attorney
County Attorney Office
Date
2/18120099:52 AM
Approved 8y
Laura Davisson
Management & Budget Analyst
Office of Management & Budget
Date
County Manager's Office
2118/20099:54 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
2118/20091:51 PM
file:/ /C :\AgendaT est\Export\ l24-F ebruarv%2024. %202009\ 16. %20CONSENT%20A GEN D... 2/18/2009
!\genda Item ~jo. 16E 1
February 24. 2009
Page 4 of 35
Safe Harbor Management Agreement for Florida's Statewide
Red-cockaded Woodpecker Safe Harbor Program
I. Introduction
This Safe Harbor Management Agreement (SHMA), effective and binding on the date oflast
signature below, is between the Florida Fish and Wildlife Conservation Commission
("Commission") and the participating Property Owner, Collier Countv on behalf of the
Conservation Collier Program (Property Owner) (herein referred to as the Parties). 111is SHMA
is subject to all terms and conditions in the Florida Statewide RCW Safe Harbor Agreement (FL
RCW SHA) between the United States Fish and Wildlife Service ("Service') and the
Commission and the Enhancement of Survival Permit ("Permit") both of which are incorporated
herein and made a part of this SHMA by referenee.
Agreement/Tracking Number:
(the Commission shall provide a tracking number for each SHMA it enters into)
Agreement Duration:
The duration of this SHMA is for 97 years. This time period is believed sufficient to allow a
determination that the net conservation benefit(s) specified in the SHMA will be met.
This SHMA covers the following property: The real property covered by this SHMA
("Enrolled property") is described in Attachment A of this document and delineated in
Attachment B to this SHMA.
This Agreement covers the following species:
The Red-cockaded woodpecker (Pica ides borealis) CRCW"), a federally endangered species, is
the only species for which incidental take authority is sought. This species is eonsidered the
"covered species" as de tined in the Service's Safe Harbor Policy (published at 64 FR 32717)
(herein referred to as the "Policy").
II. Purpose
The purpose of this SHMA is for the Parties to collaborate in order to implement management
activities for the RCW on the Enrolled property that will provide a net conservation benefit to the
RCW in the Statc of Florida, Under this SHMA, the Property Owner agrees to undertake the
activities and procedures described herein on the Enrolled property for the benefit of the RCW.
In accordance with the FL RCW SHA and the associated Pemlit, the Property Owner is
authorized to carry out lawful activity on the Enrolled property that may result in thc incidental
take! ofRCW(s) or RCW habitat that is above the Property Owner's baseline rcsponsibilities.
j An incidental take is the .'take" of any federally listed \vildlifc species that is incidental to. but not the purpose of.
otherwise la,,,ful activities (see definition of "take" on page 13) [ESA seCTion lO(a)(l )(B)). For example,
deliberately shooting or wounding a listed species would not be considered an incidental take_ Conversely, the
destruction of endangered species habitat for development generally would be construed as incidental and
would be authorized by an Incidental Take Permit.
Agenda Item No. 16E1
February 24,2009
Page 5 of 35
For more information on incidental take see Section IV.C., below.
III. Net Conservation Benefits
The Property Owner's voluntary management activities will provide one or more ofthe
following expected conservation benefits to RCW s:
1. Maintain occupied nesting and foraging habitat at current levels and help maintain populatinn
stability.
2. Increase existing populations through the installation of artificial nesting and roosting
cavities.
3. Create new groups and populations through natural population expansion and translocation
efforts.
4. Augment populations through translocation of surplus subadults to acceptable sites.
5. Enhance, restore, and/or create suitable habitat on enrolled properties.
6. Decrease pine forest fragmentation and increase habitat connectivity as a result of habitat
enhancement, restoration, and creation efforts.
The above specific net conservation benefit(s) will be provided to the RCW by the management
activities of the Property Owner, as set forth in the Evaluation Form (Attachment A).
The expiration date of the signed SHMA and Certificate ofInclusion ("Certificate") will be no
later than the expiration date of the Pennit, which is ]2/3112105. A Property Owner will have
the option to sign up for shorter periods of time as long as a net conservation benefit can be
established during their requested SHMA duration.
IV. SHMA Implementation
A. Conservation Strategy
On one or more mutually agreeable areas, the Propcrty Owner agrees to cnhance habitat for
RCWs by allowing or providing for one or more of the following management activities:
1. Prescribed burning.
2. Implement forest management practices that enhance habitat for existing baseline groups or
provide habitat for additional groups of RCWs (thinning, longer rotations, regeneration that
favors native pine species).
3. Providing hardwood midstory control
4. Install artificial cavities in baseline and/or recruitment clusters.
5. Population management.
The above conservation strategy will be provided to the RCW by the managemcnt activities of
the Property Owner, as set forth in the Evaluation Form (Attachment A)2.
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2 The Property Owner has described the nature, extent, timing, and other pertinent details of the management
activities that the Property Owner will voluntarily undertake to provide a net conservation benefit, including a
schedule for implementation. The Property Owner has described how the management actiVities will benefit
the RCW.
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t"qerlc!a 112m No. 16E1
~ February 24,2009
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B. Baseline Considerations
Baseline Conditions
The baseline conditions that will be maintained on the Enrolled property are described in the
Evaluation Form (Attachment A). The baseline will also include a description of the required
foraging habitat (total basal area and acres) for cach group or active cluster. Appropriate maps
depicting foraging partitions for each baseline cluster will also be included. Using the proper
surveys, described below, the Property Owner may differentiate the number of active clusters
into potential breeding groups and solitary bird (typically male) groups.
Determining Baseline Conditions
The first step in determining the baseline conditions is to determine if suitable RCW habitat
exists or if a known RCW group exists within one-half-mile of the property (at the discretion of
the Commission, Property Owner knowledge may be the basis for determining the distance to
known sites on neighboring properties). Suitable habitat consists of pine or pine-hardwood (50
percent or more pine) stands 30 years of age or older (USFWS 2003). If this type of habitat is not
present, and there are no RCW groups within one-half-mile of the property, further assessment is
not necessary, and the Property Owner's baseline will be zero. If a RCW group exists within
one-half-mile of the Property Owner's property and the Property Owner has the responsibility of
maintaining a portion of the habitat for the RCW cluster, as required by the ESA, that portion of
habitat will be incorporated into the Property Owner's baseline.
If suitable habitat is present, the Property Owner will determine if RCW groups exist. To
determine if RCW groups exist, the Property Owner will conduct surveys for cavity trees in
stands that contain suitable nesting habitat. Red-cockaded woodpeckers select and require old-
growth pines for cavity excavation. Age of cavity trees depends on the ages of pines available,
but there is a minimum age, generally 60 to 80 years, depending on tree and site factors (USFWS
2003). Old-grov,th pines are relatively rare throughout the south and remnants (both single trees
and stands) within today's forests are critically important hahitat (USFWS 2003). Property
Owner properties that must be surveyed for RCW cavity trees include:
I. Pine and pine-hardwood stands over 60 years of age.
2. Pine and pine-hardwood stands under 60 years of age containing scattered or clumped
old-growth (over 60 years of age) pine trees.
3. Hardwood-pine over 60 years of age adjacent to pine and pine-hardwood stands over 30
years of age.
4. Pine stands containing sawtimber, including stands thought to be generally less than 60
years of age but containing scattered or clumped trees over 60 years of age.
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Agenda Item No. 16E 1
February 24,2009
Page 7 of 35
1. RCW Surveys
Unless all Parties have previously agreed upon the Property Owner's baseline', a baseline survey
will be conducted by the Property Owner within one (I) year prior to the SHMA to inventory all
existing groups to establish baseline responsibilities. Surveys for RCWs will follow the protocol
described below. The survey will only include RCWs, unless the Property Owner specifically
requests other species to be surveyed. Accurate surveys are essential for determining baseline
conditions. To limit undetected cavity trees and misjudged activity status, qualified persomlel
should be used to conduct baseline surveys. Baseline numbers are subject to approval by the
Commisslon and the Sentlce.
The Property Owner is responsible for any costs associated with surveys (baseline or
supplemental). The results of the surveys done shall be the property of the Property Owner and
shall be used only at the Property Owner's discretion. However, no SHMA will be signed until
the baseline survey is reviewed and approved by the Commission. Supplemental surveys as
specified in Section IV.C that are required prior to activities that may result in incidental take
must be submitted to the Commission at least 60 days prior to commencing such activities.
The Property Owners shall identify how the baseline was determined, when and how the baseline
surveys were conducted, or if the baseline was established based on already-known information
or other factors.
Potential nesting habitat (pines greater than or equal to 60 years old) is surveycd by running line
transects through stands and visually inspecting all medium -sized and large pines for evidence
of cavity excavation by RCW s. Transects must be spaced so that all trees are inspected.
Necessary spacing will vary with habitat structure and season from a maximum of 100 yards
between transects in very open pine stands to 50 yards or less in areas with dense midstory.
Transects are run north-south, because many cavity entrances are oriented in a westerly direction
(USFWS 2003).
When cavity trees are found, their location is recorded in the field using a Global Positioning
System unit, aerial photograph, and/or field map. Activity status, eavity stage (start, advanced
start, or complete cavity), and any entrance enlargement are assessed and recorded at this time.
If cavity trees are found, more intense surveying within 1500 feet of each cavity tree is
conducted to locate all cavity trees in the area. Cavity trees are later assigned into clusters based
on observations of RCW s as described below.
Property Owners that wish to differentiate the number of active clusters in their baseline into the
number of potential breeding groups and the number of solitary male groups will be required to
complete group checks as described in the Recovery Plan (USFWS 2003). To perform group
checks, trained and qualified personnel must track or "follow" each group for a half an hour to an
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3 Property Owners that agree to implement management activities to enhance RCW populations or territories on
their property prior to the availability of this SHMA may establish a baseline with the approval of the
Commission and the Service. The Property Owner must receive concurrence with the baseline assessment ITom
the Commission and the Service. However, concurrence with the baseline assessment in no way guarantees
participation or acceptance in the Agreement.
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February 24,2009
Page 8 of 35
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hour, immediately after the birds exit their cavities in the morning, to detennine group size.
Group size is detcnnined by observation of bird behavior and groups are classified as: a) two or
more birds, b) a solitary bird, or c) no birds. Groups of two or more birds that remain together
and peacefully interact are assumed to represent potential breeding groups.
The Commission and the Service will ensure that Property Owners accurately classifY RCW
groups. Groups roosting extra-territorially in clusters occupied by one or more residents,
captured clusters, and territorial conflicts can confuse the observer and result in erroneous group
classification. If any doubt as to b'fOUP membership exists, the Commission will require the
"follo\v" (described above) to be repeated and/or the "foHow" time lo be increased until all doubt
as to the group membership is removed. Two observers may be necessary if two clusters are
located very close together or if cavity trees within a cluster are spread over a large area.
Group checks are valid only if implemented during the breeding season. Groups of two or more
birds at other times of the year mayor may not represent potential breeding groups. The group
check method is labor intensive (one group per observer per day at best) and complete
population censuses are possible only in small populations or with multiple observers. Property
Owners unwilling or unable to perfonn group checks will assume cach active cluster is occupied
by a potential breeding group for their baseline responsibility.
2. Baseline Responsibilities
The baseline responsibilities of the Property Owner are to provide all the overstory necessary to
maintain the cavity trees and the foraging area for all RCW groups discovered by a baseline
survey of the Enrolled Property" Baseline responsibilities may include providing foraging areas
for known groups on neighboring lands as described below in Section IV(F). If no groups are
discovered during the baseline survey and there are no known groups on neighboring
lands, there are no baseline responsibilities.
Specifically, the Property Owner's baseline responsibilities as dcrived from the Service's
guidelines for managed stability set forth in Appendix 5 of the RCW Recovery Plan, 2nd
RevisionS (USFWS 2003), are to:
I. Mark all trees containing complete and incomplete cavities (i.e. cavity trees) in baseline
clusters and take reasonable' precautions when conducting silvicultural, prescribed burning',
4 The Property Owner will provide a complete description of the agreed upon baseline inventory, This description
will include: when and how the baseline surveys ""ere conducted, maps of the survey area, and location, cavity
stage and activity status of all RCW cavity trees, if applicable.
5 The Commission and the Service will not require the Property Ownerto abide by more strict habitat requirements
for baseline groups ofRCWs should the Service revise the guidelines for managing RCWs on private lands.
Should the habitat requirements be reduced, this agreement will be modified to reflect the new guidelines.
6 Reasonable precautions would include, but are not limited to, directional felling away from cavity trees, Jogging
during dry conditions to minimize soil compaction, careful log femoval to avoid scraping or otherwise
damaging residuai trees, carcfui prescnbed burmng to minimize the risk of igniting cavity trees, avoidance of
skidding near cavity trees, and avoidance of fire line plowing near cavity trees.
7 Precautions should be taken 10 mimmize the fisk ofigmting cavity trees--examples include raking litter away
from the base of cavity trees (10-20 feet depending on fuclload), wetting cavity trees or limiting burning to
high moisture conditions.
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Agenda item I~o. 16E 1
Febrcary 24, 2009
Page 9 of 35
or other activities within baseline clusters to protect cavity trees that are part of the baseline
from injury or timber harvest. Any active cavities damaged by prescribed fire will be
immediately replaced within the cluster boundaries by installing two artificial cavities
(inserts or drilled). The Commission and the Service must review on a case-by-case basis the
removal of any active or inactive cavity tree. In the event that the location of any active
cavity tree( s) changes over time such that one or more cavity tree( s) becomes established
within a construction area, the Property Owner may be allowed to remove those cavity trees
outside of the nesting season (August-March). For each active cavity tree removed in the
construction area, a minimum of two artificial cavities (drilled or inserts) must be installed
else',;vhere on the lot (at least 200 feet from the building site) four months prior to initiation uf
construction.
2. Manage each cluster as a timber stand comprising at least ten contiguous acres, if currently
present on the Property Owner's land, with the purpose of retaining potential cavity trees
(pines greater than 60 years of age). If ten contiguous acres are not currently present on the
Property Owner's land, the Property Owner will retain all of the potential cavity trees within
the cluster.
3. Maintain cluster boundaries of at least 200 feet from cavity trees.
4. Provide at least 50 feet2 of basal area per acre in pine trees::::1O inches in diameter at breast
height (DBH) in active baseline clusters if the trees are currently present on the Property
Owner's land or when they become available. On property where south Florida slash pine is
the predominant pine species, basal area requirements are for pine trees ::::8 inches DBH.
Small areas of regenerating trees that exceed 70 ,feet2 of basal area per acre may be retained
within a cluster provided RCW cavity tree entrances are not obstructed by the regenerating
trees.
5. Maintain the midstory vegetation within RCW clusters in an "open" condition by prescribed
burning, precommercialthinning, or other means by ensuring that I) no hardwood midstory
exists or if a hardwood midstory is present it is sparse and less than 2.1 m (7 feet.) in height
and 2) canopy hardwoods are less than 10 percent of the number of canopy trees.
6. Provide at least 3000 feet' of basal area in pine trees (including the trees in the cluster)::::1O
inches DBH (::::8 inches DBH in S. Florida slash pine) for foraging habitat on a minimum of
75 acres', if the trees are eurrently present on the Property Owner's land. If 3000 feet2 of
basal area of pine trees::::1O inches DBH is not available for foraging habitat (::::8 inches DBH
in S. Florida slash pine), the Property Owner will maintain the existing pines inside the
foraging area and provide the 3000 feet' of basal area of pine trees::::1O inches DBH as soon
as possible.
7. Conduct timber harvesting within the active baseline clusters only between August I and
March 31, or as otherwisc approved by the Commission. If there is a need to harvest timber
within an active cluster outside this window of time, the Property Owner should notify the
Commission 60 days in advance ofthe desired starting harvest date. The Commission will
determine the stage of nesting activity within the cluster and advise the Property Owner of
appropriate precautions. Timber harvesting cannot be permitted during nest initiation, while
the female is in the process of laying eggs, while the nesting eavity contains viable eggs or
young, or until the fledglings are capable of sustained flight. Possible exceptions to this are
8 Foraging habitat for each RCW group must he contiguous 10 the cluster stand with no gaps between stands
exceeding 200 feet.
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i\genda Item No. HiE1
February 24,2009
Page 10 8f 35
emergency harvest as described in Section IV.E., below, duc to insect infestations, natural
disasters, or other disasters.
8. Cannot construct any new roads and/or utility right of ways within active baseline clusters.
9. Provide reasonable protection for RCW groups from human activities that could incidentally
cause injury or death in active baseline clusters.
10. Provide the Commission and the Service the opportunity to review proposed timber sales at
least 60 days in advance of the desired starting harvest date to ensure that the baseline
responsibilities discussed above in this section will be met. As part of the review,
documentation of before and after harvest foraging availability for each RCW baseline group
will be provided by the Property Owner to the Commission.
3. Baseline Responsibility for Foraging Habitat for Clusters on Neighboring Lands
Where a RCW group exists within one-half-mile of the Enrolled property and the Property
Owner has the responsibility for maintaining a portion of the foraging habitat for that RCW
cluster, as required by the RCW Recovery Plan, 2nd Revision, that portion of the foraging habitat
will be incorporated into the Property Owner's haseline. The map, which is Attachment C to this
SHMA, shall identify known non-Enrolled property RCW groups for which the Property Owner
agrees to provide habitat as part of the Property Owner's baseline responsibilities. The
Evaluation Form (Attachment A) ofthis document sets forth the Property Owner's
responsibilities with respect to providing foraging habitat for such non-Enrolled property groups.
4. Baseline Adjustment
a. Loss of Baseline Groups
In spite of management and protection efforts, there may be circumstances, through no fault of
the Property Owner, where groups that gave rise to the Property Owner's baseline
responsibilities eease to exist on the Enrolled property. If RCW baseline groups cease to exist on
the Enrolled property, the Enrolled property Owner will not be held accountable for the loss of
the RCW baseline groups provided the following have occurred:
I. 1be RCW groups have remained absent from the Enrolled property for a minimum of five
years;
2. The RCW cluster remains inactive for a minimum of five years; and
3. The loss of the RCW baseline group occurred through no fault ofthe Property Owner and in
spite of total compliance with the SHMA.
A Property Owner's RCW baseline can be reduced for each RCW group that meets all of the
three criteria listed above. The Property Owner must request a baseline reduetion from the
Commission in writing. The Property Owner must allow the Commission and/or the Service
access to the Enrolled property to conduct an investigation, ifthe Commission and/or the Scrvice
so choose. If the Commission and/or the Service determine the group is eligible for removal
from the baseline, the Commission will modify the SHMA and Certificate to rellect the change
in baseline responsibiliIies. The Enrolled property will not obtain a reduction in baseline if a
RCW group moves to a new cluster on the same Enrolled property. The Enrolled property can
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jl,genda Item No. i6E 1
February 24, 2009
Page 11 of 35
get a reduction if a cluster moves onto neighboring property as long as the criteria above are
followed. A Property Owner may be required, however, to provide foraging habitat if the owner
on the neighboring property is unable or unwilling to do so.
b. Sbifting Baseline
RCW baseline responsibilities will be associated with specific active clusters in existence at the
time the Property Owner enters into the SHMA. Property Owners may, with the Commission's
consent, shift their baseline responsibilities to a new active cluster that has formed on their
property subsequent to the signing of the SHMA. When a new active cluster is fonned on an
Enrolled property, it may replace any other cluster harboring a group of similar or lesser
demographic status (i.e., potential breeding pair can replace solitary bird or same sex groups)
that was within the Property Owner's original RCW baseline responsibility as long as the
following conditions are met:
1. The Property Owner is in total compliance with the SHMA.
2. The Property Owner has maintained his/her baseline as specified in the SHMA.
3. The Property Owner has replaced:
a. A baseline potential breeding group with another potentia] breeding group, or
b. A baseline solitary bird group is replaced with either a potential breeding group or
another solitary bird group of the same sex.
4. The Property Owner has replaced a baseline potcntial breeding group with an above-baseline
potential breeding group9 that has been in existence for at least six months, including a
breeding season (April to July), prior to the replacement.
5. The Property Owner has replaced baseline clusters with above-baseline clusters and will
provide suitable nesting and foraging habitat as defined in the guidelines for managed
stability set forth in Appendix 5 of the RCW Recovery Plan, 2nd Revision (found in this
document in Sections IV.B.2. Baseline Responsibilities and IV.B.5. Management Activities).
If other groups are present within the Enrolled property, replaced groups are located so that
they can physically contact the other groups that are present on the Enrolled property.
6. The Property Owner has replaced solitary bird groups prior to replacing potential breeding
groups when possible.
7. The Property Owner will be required to maintain the entire foraging and nesting habitat
needed for the new group.
The Commission must concur in writing prior to a Property Owner's shifting his or her RCW
baseline requirements from one group to another. The Commission's approval is required
because of those circumstances in which maintenanee of the original cluster is necessary in order
to maintain contignity of habitat, dispersal habitat, or other desirable features of the landscape or
population. Where possible, flexibility will be used by the Commission with concurrence from
the Service. Upon the Commission's concurrence to transfer RCW baseline responsibilitics,
sufficient documentation (i.e. maps reflecting change) of the shift in baseline will be placed in
the Enrolled property's file with the Commission.
9 If the baseline is defined as the number of active clusters, supplemental monitoring wi]] be required to establish
group composition.
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February 24.2009
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5. Management Activities for Baseline RCW Groups
The Property Owner agrees to undertake activities to maintain and enhance the habitat (foraging
and nesting habitat) of all active baseline groups indicated on the map labeled Attachmcnt Band
described in the Evaluation Form (Attachment A).
1. Manage active baseline clusters as follows:
a. Overstory stocking in a cluster will be maintained between 50 and 80 feet' of pine
basal area per acre (:,:10 inches DBH;:,:8 inches DBH in S. Florida slash pine) if
the trees are currently present or when they become available. Small areas of
regeneration may occur within a cluster provided cavity entrances are not
obstructed.
b. Hardwood basal area in a cluster will be maintained below 10 feet' of basal area
per acre. All hardwoods within 50 feet of cavity trees will be removed.
c. Maintain a minimum average spacing of 25 feet between trees within the cluster,
except where closer spacing already exists.
d. No hardwood midstory or if a hardwood midstory is present, it is sparse and less
than 7 feet in heightlO
2. Maintain at least the minimum foraging habitat of 3000 feet' of basal area in pine trees that
are at least 30 years old with a DBH:;: 10 inches (:;:8 inches DBH in S. Florida slash pine) on
a minimum of 75 acres for each active baseline cluster as follows:
a. Overstory stocking for foraging habitat will be maintained between 40 feet' and 80
feet' of basal area per acre. Stands managed on an uneven-aged basis may have
patches of regeneration or residual stands of older trees higher than 80 feet' of
basal area per acre.
b. Average pine basal area of pines < 10 inches (<8 inches in S. Florida slash pine)
will be maintained below 20 feet' per acre.
c. Total stand basal area, including overstory hardwoods, will not exceed 80 feet' per
acre.
d. No hardwood midstory or if a hardwood midstory is present, it is sparse and less
than 7 feet in height.
3. Allow the Commission and/or the Service, ifit so chooses, to translocate surplus subadult
RCWs off the Enrolled property to augment other populations if sueh removal of subadults
will not affect the Property Owner's baseline responsibilities.
C. Incidental Take of Above-baseline Gronps and/or Foraging and Nesting Habitat
The participating Property Owner under a SHMA and Certificate will be allowed to develop,
harvest trecs upon, or make any other lawful use of his/her property, even if such use results in
the incidental take ofRCWs or RCW habitat provided all of the following qualifications are met:
10 The RCW Recovery Plan's guidance on hardwood midstory given in the RCW recovery plan refers to the
hardwood midstory as a whole. \vhich allows some flexibility for individuals so that midstory may exceed 7 feet
ill height. The term ;'sparse" is used to descrihe the midstory of desirahle RCW foraging hahitat. A more
subjective habitat assessment (i,e., sparse) allows land managers flexibility to account for the vanability found
within most forested systems. Additionally, prescribed burning and other activities to reduce brush and
understory competition will be required no more than once every other year after understory is under control.
.9-
Agenda Item No. 16E 1
February 24. 2009
Page 13 of 35
I. The Enrolled property Owner must be in total compliance with the SHMA;
2. The Enrolled property Owner must havc maintained his or her RCW baseline as specified in
the SHMA;
3. RCW s may not be shot, captured, or otherwise directly taken;
4. The take is incidental to otherwise lawful activities;
5. The Enrolled property Owner must conduct a supplemental survey immediately (no more
than 180 days but no less than 60 days) prior to any activity, which may result in the
incidental taking of above-baseline RCWs or RCW habitat and provide the Commission with
the results of the survey 60 days prior to the commencing of this activity. Only the specific
area that will be affected requires this supplemental RCW survey. No surveys will be
required within one year of the baseline survey, unless recruitment clusters have been
established in the area that will be affected by this activity;
6. Proposed activities that could result in the incidental take of RCW s must take place only
during the non-reproductive season (August I" through March 31" of following year) unless
otherwise authorized by the Commission; and
7. The Enrolled property Owner shall not undertake any activity that could result in incidental
take of RCW s until the Property Owner has provided the Commission with at least 60 days
written notice of the Property Owner's intention to conduct such activity to allow the
Commission, the S~rvice and/or their agents the opportunity to translocate the affected RCW
group(s) to a suitable recipient site.
Notwithstanding the 60-day notice requirement, the Property Owner should provide as much
notification to the Commission as possible. Upon receipt of the requested notice, the
Commission, the Service and/or their agents shall give a consolidated effort to respond to the
Property Owner's notice. However, should the Commission, the Servicc and/or their agents fail
to respond to the Property Owner within the 60-day time frame, the Property Owner may
proceed with the proposed activity.
Activities that would or could result in take include, but are not limited to: any activities
occurring within a cluster during the RCW breeding season, any timber harvesting within a
cluster, any timber harvestin3 within foraging habitat that reduces basal area in pine trees 2:10
inches DBH below 3000 feet (on property where south Florida slasb pine is the predominant
pine species, basal area requirements are for pine trees 2:8 inches DBH), application of forest
chemicals within a cluster, new road construction within or near a cluster, and any new building
construetion within or near a cluster. The Property Owner agrees to contact the Commission
and/or the Service to determine if a proposed activity may result in take of RCWs. Prescribed
burning and installation of artificial cavities is allowed during the nesting season as necessary for
the continued survival of the group and will not require notification.
D. Monitoring and Reporting
For the duration of the SHMA the Property Owner agrees to provide an annual monitoring report
by January 15 of each year to the Commission (Attachment E) that describes the general
monitoring process, the implementation and results of the agreed upon management activities,
,
- 10-
,Li,genda Item ~~o. 16E 1
February 24. 2009
Page 14 of 35
and the occurrence of any incidental take of RCWs. Annual monitoring reports will also
document any ehanges in the eondition of RCWs and/or their habitat.
Specifically the Property Owner agrees to:
I. Identify the monitoring schedule as follows:
a. Submit monitoring reports and denote whether data is provided from the Property
Owner, professional scientist or other specific individual or entity.
b. Identify when the agreed upon management activities were or will be implemented
and when the results were or will be evaluated.
2. Describe the implementation of the management activities as follows:
a. Identify which management activities the Property Owner agreed to provide for the
annual monitoring period.
b. Identify which management activities were provided during the annual monitoring
period.
c. Discuss any problems with the implementation of the management activities during
the monitoring period.
3. Describe any incidental take, which occurred during the reporting period including:
a. A description of the land-use activities that may result in incidental take of RCW s.
b. A discussion of the actual or potential incidental take expected for above-baseline
RCW s and/or habitat.
c. A description of the activities that returned or would be expected to return the
Enrolled property to baseline conditions.
4. Describe any new or above-baseline clusters discovered during the reporting period including:
a. A description of the management aetivities associated with the new or above-baseline
clusters.
b. A map with the new cluster's location.
c. A description of the cluster (i.e. total number of cavities, age, species, and DBH of
cavity trees).
E. Emergency Salvage Harvest Situations
Emergency situations, such as natural disasters or inseet infestations, may require that emergency
(salvage) harvesting of timber on the Enrolled property begin with less than the GO-day notice set
forth in the preceding section N(C). For above-baseline groups, the Property Owner shall notify
the Commission by written certified notice at least three days prior to conducting an emergency
harvest. The Commission, tbe Service, and/or their respective agents shall have this three-day
time period to translocate above-bascline impacted birds. The Property Owncr shall not initiate
such harvest until three days after the Commission has received notice.
For emcrgency situations involving baseline groups/clustcrs, the Property Owner will notify the
Commission and/or the Service before emergency (salvage) harvesting begins. The Commission
and the Service will evaluate each case on an individual basis, and both the Commission and the
Service must concur on the appropriate management actions
-11-
.Agenda Item No. 16E 1
February 24, 2009
Page 15 of 35
F. Neighboring Property Owners' Responsibilities
The Commission and the Service recognize the implications to ncighboring propcrty owners of
the successful implementation of management actions on enrolled lands. Further, the
Commission and the Service recognize and acknowledge that some Property Owners may be
reluctant to initiate management actions that may have land, water, and/or natural resource use
implications to neighboring Property Owners. The implications to neighboring Property Owners
with non-enrolled lands will be assessed on a case-by-case basis. For example, when the
Commission and the Serviee believe that occupation of non-cnrolled neighboring lands is likely,
the Commission will make ever; effort to include the neighboring Property Owner in the FL
RCW SHA through an SHMA and Certificate, thus extending the Safe Harbor assurances.
The Policy allows the Service to use the maximum flexibility allowed under the ESA in
addressing neighboring properties not covered under Safe Harbor Ab'Teements and their
associated SHMAs. The Policy also allows flexibility with regard to associated incidental take
authorizations, including, but not limited to, granting of incidental take to neighboring Property
Owners where occupation of their lands is expected as a result of an SHMA. However, this does
not mean that neighboring Property Owners fitting this scenario will be automatically given
incidental take authorization iflisted species occupation occurs.
G. Successors in Interest
Property Owners who cnter into SHMAs with the Commission shall have the right to transfer
their rights and obligations under the SHMA to non-federal entities in conjunction with the
conveyance of all or part of the Enrolled property and within the limits set forth in this section.
A Property Owner is requircd to notifY the Commission by written certified letter at least 30 days
in advance of any conveyance of thc Enrolled property whcther in whole or part or as soon as
practicable, but prior to such conveyance.
If the Enrolled property Owner conveys ownership of all of the Enrollcd property, the
Commission and the Service will regard the new Property Owncr as having the same rights and
obligations as the previously Enrolled property Owner under the SHMA and the associated
Certificate, if the new property owner agrees in writing to accept the transfer ofSHMA rights
and responsibilities and signs an amendment to the SHMA making the new property owncr a
party to the original SHMA within 90 days of the conveyance. Ifthe new Property Owner
attempts to do so more than after 90 days after the conveyance, the Commission and the Service
may allow such a transfer in their sole discretion. Upon becoming a party to the original SHMA,
actions taken by the new property owner that result in the incidental take of above-baseline RCW
groupe s) would be authorized if the new Property Owner maintains the tcrms and conditions of
the original SHMA and the associated Certificate. If the new Property Owner does not become a
party to the SHMA, the new Property Owner would neither ineur responsibilities under the
Agreement nor receive any safe harbor assurances relative to this Agreement. If a new Property
Owner ab'Tees to become a party to the original SHMA and associated Ccrtificate, the new
Property Owner will only bc bound to undertakc the original baseline responsibilities.
- 12-
Item !-!J.i6E1
;::'.:;bruary 24. 2D09
P3;!8 '16 of 25
If the Enrolled property Owner conveys ownership ofa portion of the Enrolled property, the
Enrolled property Owner may continue to operate under the existing SHMA; however, the
SHMA must be amended to redefine the Enrolled property and the number of active clusters on
the ncwly defined Enrolled property. lfthe new Property Owner enters into a SHMA within 90
days of the conveyance of the portion of the Enrolled propcrty, that SHMA shall limit baseline
responsibilities to those for which there were baseline responsibilities under the previous SHMA,
thus, effectively transferring the baseline for the conveyed portion of the Enrolled property. If
the new Property Owner attempts to enter into a SHMA more than after 90 days after the
conveyance, the Commission and the Service may allow such a transfer in their sole discretion.
The Property Owner bears sole responsibility to inform their successor(s) in interest or potential
buyers about enrollment of the listed property in the SHMA. However, after any notification of
change in ownership of the Enrolled property, the Commission, al its discretion, may attempt to
contact the new or prospective Property Owner to explain the baseline responsibilities applicable
to the property and determine whether the new Property Owner will become a party to the
original SHMA, enter a new SHMA, or cease enrollment. If the new Property Owner agrees to
the terms ofthe SHMA in writing, the baseline will remain the same in the new SHMA.
H. Regulatory Assurances
The Service and the Commission shall, through the Florida RCW SHA and its associated Permit,
grant regulatory assurances to Property Owners in good standings through Certificates of
Inclusion. These assurances are as follows:
"If additional conservation and mitigation measures are deemed necessary, the Service may
require additional measures of the enrolled landowner, hut only if such measures are limited to
modifications within conserved habitat areas, if any, for the affected species and maintain the
original terms of the SHMA 10 Ihe maximum extent possible. Additional conservation and
mitigation measurcs will not involve the commitment of additional land, water or financial
compensation or additional resnietions on the use of land, water or other natural resources
otherwise available for development or use under the original terms of the SHMA without the
consent of the Enrolled property Owner.
These assurances allow the Enrolled property Owner to alter or modify the Enrolled property,
even if such alteration or modification results in Ihe incidental take of the RCW to such an
extent that the take returns the RCW to the originally agreed upon baseline conditions. These
assurances may apply to the entire Enrolled property or to portions of the Enrolled property as
designated or otherwise specified in the SHMA. These assurances are also contingcnt on the
Enrolled property Owner's compliance with the obligations of the SHMA. Further, the
assurances apply only to this particular SHMA, ollly if the SHMA is bcing properly
implemented, and only with respect to species covered by the SHMA."
I. Other Federally-listed Species
Although the Commission and the Service regard it as unlikely, the possibility exists that other
listed, proposed, or candidate species, or species of concern may occur in the future on the
- 13 -
Agenda Item No. i6E 1
February 24, 2009
Page 17 of 35
Emolled property as a direct result of the management actions specified in the Evaluation Form
(Attachment A). If that occurs and the Property Owner requests, the Commission and the
Serviee may agree to amend the FL RCW SHA and associated SHMAs to cover additional
species and to establish appropriate baseline conditions for such other species.
Surveys for other federally listed species will not be required of SHMA participants. However,
according to Section 9 of the ESA, Property Owners will be subject to restrictions against "take"
of any federally listed animal not covered by their Certificate. The term "take" as defined by the
ESA, means to harass, harm, pursue, hunt, kill, trap, capture, or collect, or to attempt to engage
in any such conduct. Federally listed plants are considcred legal propcrty of the Property Owner
and according to the Policy, are not subject to "take" restrictions. If other federally listed species
are known to exist on thc enrolling property, then the Commission and the Service will consult
with and assist the Property Owner in tailoring his/her management actions to avoid take and to
minimize any disturbance of thesc species.
The Emolled property Owner shall notify the Commission in advance of any activity covered by
the SHMA that may potentially impact any federally-listed wildlife species other than the RCW
in order to be advised of ways to avoid incidcntal take of that species and/or to obtain an
incidental take permit or an incidcnta] take statement to cover the potential takc of that species.
The Enrolled property Owner shall notify the Commission at least 60 days in advance of any
activity that may result in the dcstruction of any federally-listed, proposed, or candidate plant
species hlOwn to occur on thc Enrolled property and shall providc the Commission with an
opportunity to remove the affected plants, where appropriate to do so, to sites that are outside of
the Emolled property or, with the Property Owner's written permission, to other sites within thc
Enrolled property.
J. Obtaining Other Necessary State and Federal Permits
The Property Owner agrees that he/she and/or his/her agent must obtain any necessary state or
fedcral permits for activities such as capturing, banding, reintroducing, etc. of RCW(s), if such is
planned. The Property Owner agrees to provide a list of the namcs of permit holder(s) for these
aetivitics and the corresponding permit number(s) to the Commission prior to the Property
Owner engaging in any such activities on the Enrolled property.
V. SHMA Management
A. Termination of SHMA
1. By the Property Owner
The Property Owner or its emolled successor in intcrest must give the Commission 60 days
written notice, by certified letter. of his/her intent to terminate L~is SH!'.1.A and must give the
Commission and/or thc Service an opportunity to relocate individuals ofthc covercd species
within 30 days of such written notiee. As provided for in Part 12 ofthe Policy, a Property
Owner may terminate a SHMA prior to the expiration date of the SHMA for circumstances
- 14-
f:..genda I:em No. 15E 1
~ebrua,y 24. 2009
Page 18 of 35
beyond the Property Owner's control. Provided that the baseline conditions have been
maintained, the Property Owner, subject to the previously mentioned notice requirement and
opportunity to relocate individuals of the covered species. may return the Enrolled property to
baseline conditions, even if the expected net conservation benefits have not been realized. If the
Property Owner is unable to continue implementation of the management activities, plans and
stipulations of this SHMA, whether due to catastrophic destruction of the species population
numbers or habitat or due to unforeseen hardship, the Property Owner must relinquish his/her
Certificate ofInclusion to the Commission. Species management on the Property Owner's
property would return to its status prior to the signing of this SHMA (i.e., original baseline). If a
Property Owner has not returned his/her property to baseline conditions at the time of
termination of his /her SHMA, and the number ofRCW groups has increased, the additional
groups will be protected by the take prohibitions of Section 9 of the ESA because the Property
Owner's take authorization (via the Certificate ofInclusion) will have become invalid upon
termination of the SHMA. If the Property Owner terminates an SHMA for any other reason, the
Certificate of Inclusion shall immediately cease to be in effect.
2. By the Commission and the Service
The Commission has the right to terminate this SHMA where the Property Owner is found to be
in non-compliance with the terms and conditions of this SHMA. Ifthe Property Owner is found
to be in non-compliance with this SHMA, the Commission will issue a written letter of non-
compliance to the Property Owner. The Property Owner shall have 60 days from receipt of the
letter to rectifY the non-compliance issuers). Ifthe issue(s) is not resolved to the satisfaction of
the Commission by the end ofrhe GO-day period, the Commission shall terminate this SHMA
and the associated Certificate, which contain the regulatory assurances.
Should the Property Owner fail to comply with the terms of this SHMA, and the Commission is
unwilling and/or unable to terminate this SHMA, the Service reserves the right to utilize the
provisions of the previous paragraph of this section at its diseretion or to review and/or terminate
this SHMA.
3. By Termination of the Florida RCW SHA
Should the Service or the Commission terminate the Florida RCW SHA, this SHMA shall also
terminate concurrently with the effective date on which the Florida RCW SHA and associated
Permit are terminated.
B. Access to Enrolled property
The Property Owner shall grant access to the Commission at least annually to verify that the
conditions of the SHMA are bcing upheld, to assess the condition of the baseline groups and any
new RCW group(s) that have been discovered, and to measure, monitor, and taglband individual
RCvVs as appropriate. The Commission shall give the Property Ov;ner reasonable notice
(generally 30 days) of Ihese visits and may be accompanicd by the Property Owner or an agent
of the Property Owner. The scope of the visit will be agreed to in advanee. 'lbe Property Owner
- 15-
Acenda item No. 16E 1
- February ~4, 2009
~a;Je 19 of 35
shall not unreasonably withhold access to enter upon his/hcr property and agrees to grant the
Commission and/or the Service aecess with reasonablc notification.
C. Financial Assistance
If funds becomc available for managing RCWs on private land, the Commission shall seek to
give the Property Owner priority access to those funds to help offset the costs of undertaking
management activities. Any financial assistance given to the Property Owner must be used for
current or future activities and not applied to past activities. Activities including, but not limited
to, baseline surveys, l11idstory control, pre-commercial thinning, prescribed burning, artificial
cavity installation, cavity maintenance and demographic monitoring can be considered for
financial assistance.
. 16-
,.6,genda 1tem ~~o. 16E 1
February 24, 2009
Page 20 of 35
Section VI. Attachments to the Agreement
The following attachments are hereby incorporated and made part of this Agreement:
Attachment A - Evaluation Form Outlining Baseline Responsibilities, Conservation Measures
and Conservation Benefits
Attachment B - Map of the Property Owner"s Enrolled property and the Enrolled property's
Legal Description (include RCW habitat and cluster locations)
Attachment C - Map of RCW Clusters within 0.5 miles of the Enrolled property (if any exist)
Attachment D - Certificate of Inclusion
Attachment E - Annual Report of Activities for Safe Harbor Management Agreement (to be
added after I year of enrollment of Property Owner through to expiration/termination date)
RCW Clusters Attachment - Form for Providing Information on Multiple RCW Clusters
- 17.
Agenda item No. 16E 1
February 24. 2009
Page 21 of 35
VII. Signatures and Information
Administrator:
Tim Breault
Florida Fish and Wildlife Conservation Commission
620 South Meridian St.
Tallahassee, Florida 32399-1600
Phone: (850) 488-4676
Signature:
Date:
Property Owoer:
Name:
Mailing Address:
Physical Address:
Telephone Number:
Cellular Phone Number:
E-Mail Address:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRMAN
Approval as to form and legal
Sufficiency:
~ --b\2J\~
Jeom er B. White
Assistant County Attorney
- 18-
Item hb.l:3E1
;="bccCJcy 24. 2009
Page 22 :Jf ~j5
VIII. Literature Cited
U.S. Fish and Wildlife Serviee. 2003. Red-cockaded woodpecker (Picoidcs horcalzs) recovery
plan: Second Revision. U.S. Fish and Wildlife Service, Southeast Region, Atlanta, Georgia.
296 pp.
- 19-
.
Agenda Item No. 16E1
February 24,2009
Page 23 of 35
A IT ACHMENT A
TO
FLORIDA SAFE HARBOR MANAGEMENT AGREEMENT
NO. 2005.001
Evaluation Form Outlining Baseline Responsibilities,
Conservation Measures and Conservation Benefits
I. Back!!round Information
A. Date of evaluation: 10/28/2008
B. Tract Name: Nancv Payton Preserve
C. Tract Location:
I. County: Collier
2. Tax Map #: 61730440005
3. Latitude: 260 II' 52" N; Longitude: 8] 040' 2" W
D. Tract Owners
Name: Collier County Conservation Collier Program
Address: 3301 Tamiami Trail E. Naples. FL. 34112
Phone #: 239-252-2961; Fax #: 239-793-3795
E. Contact Person: Christal Segura
(Owner_; Employee_; Consultant_; Manager K)
Address: Conservation Collier - Facilities Bldg W
3301 Tamiami Trail E. Naples. FL. 34112
Phone #: 239-252-2495; Fax #: 239-793-3795
II. Baseline Assessment
] . Tract Information
A.
B.
C.
O.
E.
Total tract acreage:~
Total number of acres enrolled in Safe Harbor:~
Number of active clusters for which Property Owner has] 00% responsibility:.JL
Number of active clusters for which Property Owner has partial responsibility:.JL
Number of active clusters for which Property Owner has] 00% foraging habitat
responsibility:.JL; Total acreage involved: .JL
Number of active clusters for which Property Owner has partial foraging habitat
responsibilitY:-L; Total acreage involved:~
For each RCW cluster, provide the following information (see separate "RCW Clusters"
attachment for providing information on more than 1 cluster):
Cluster #
Total basal area of pines 10" DBH or greater (;0:8 inches OBH in S. Florida slash
pine) provided for forage sq. ft.
Number of RCW s present _
Sex & age, ifknown _ _ _ __ _.____.
Total Number of cavity trees_
Number of active completed cavities_
Number of inactive, but suitable, cavities_
Number of active starts
Numbcr of inactive starts
F.
G.
:j
,:"!
Agenda Item f'Jo. 16E1
February 24. 2009
Page 24 of 35
H. IdentifY how the baseline was determined, when and how the baseline surveys
were condueted, and whether the baseline was established based on already-known
information or other factors: On 10/28/2008. Rov DeLotelle. Collier Countv staff and
FWC Safe Harbor Coordinator Kristina Jackson walked the site looking for RCW
cavities. No cavities and no RCWs were seen that dav. In recent times. multiple site visits
bv Collier County staff have been conducted where RCW s were observed. It is believed
that local RCW s deoend on this land for foraging.
I. Individual(s) who conducted RCW cavity tree surveys:
Primary Contact: Rov DeLotelle
Phone Number: _352-871-3 I 05
Additional Names: Marilvn Knight. US Fish & Wildlife Service
Christal Segura - Collier County
J. Individual(s) who calculated foraging habitat analysis:
Primary Contact: nI a
Phone Number:
Additional Names:
K. Based on the total tract size, current number of active clusters and the associated cluster
and foraging habitat, current and/or expected future forest conditions, and the Property
Owner's long-term land management objectives, are there opportunities to increase the
RCW population on the tract? lYes _No. If yes and the tract is large enough to
support at least 10 active clusters, is the Property Owner interested in considering serving
as a mitigation bank? _Yes _No.
2. Neighboring Tract Information-
List all known RCW populations by tract/owner name, # of active clusters, and distance
(to the closest mile) within 10 miles of Property Owner's property
(I) population: Hideout Golf Course. Folio # 61731640008
Size: I cavity tree; distance: about 500 feet east of property line
(2) population: James Cowan. Folio # 61731680000
Size: 2 cavity trees; distance: 584 feet and 760 feet east of property line.
(3) population: Antonio Faga TR 00332360007;
size: 5 cavities; distance:-Lmiles
(4) population: Rov S Claudio 00338400000;
size: I cavitv; distance:~miles
(5) population: Vincent Borrero 00339000001;
size: I cavity; distance: 2.3 miles
(6) population: Charlie & Margaret Lunt 00337880003;
size: I cavity ; distance: 2.4 miles
(7) population: Lisa Loiacano 00338720007;
size: 3 cavities; distance: 2.6 miles
(8) population: Francis & Marv lIussev, Jr. 00342040003;
sIze: 5 cavities; distance:
"genda Item ~Io. 16E 1
February 24,2009
Page 25 of 35
III. Conservation Measures to be Implemented (as pro~ram fundin~ allows)
Note: Cheek all that apply and fill in the blanks.
Prescrihed Fire
Property Owner agrees to conduct prescribed fires on a regular or recurring basis in
occupied RCW habitat that will be maintained or enhanced by the prescribed fire.
Property Owner will prescribe burn _ (acres or %) of the enrolled property every
_ year(s).
l Property Owner agrees to conduct prescribed fires on a regular or recurring basis in
potentially suitable nesting or foraging habitat and the use of prescribed fire will restore
or enhance the areas as RCW habitat. Property Owner will prescribe bum _at least 64
acres or 93% (acres or %) of the enrolled property every ~ year(s).
l Property Owner agrees to conduct prescribed fires on a regular or recurring basis in
unsuitable habitat, but, in this situation, also agrees to conduct the prescribed fires for a
period sufficient for the habitat to either become occupied by RCW s or to become
potentially suitable nesting or foraging habitat. Property Owner will prescribe burn at
least 64 acres or 93% (acres or %) of the enrolled property every ~ year(s).
Forest Management
Property Owner agrees to implement timber management practices in occupied RCW
habitat that are compatible with RCW habitat requirements on the enrolled property.
Silvicu]tura] system(s) used within RCW clusters:
Silvicultural system(s) used in foraging habitat:
l Property Owner agrees to implement forest management practices that are compatible
with RCW nesting and/or foraging habitat requirements in unoccupied but potentially
suitable habitat.
Praetices will include the following:
_ Increase rotation age from ~ years to ~ years in potential nesting habitat
over at least 10 contiguous acres.
_ Increase rotation age from ~ years to ~ years in potential foraging
habitat over at least 75 contiguous acres.
~ Plant appropriate native pine (typically longleaf or south Florida slash) and
maintain those pines for at least 40 rears.
Thin overstocked (greater than SOft basal area/acre) stands; acres will be thinned
to between 40 and 70 ft2 pine basal area.
l Property Owner agrees to implement or maintain a forest management strategy or plan
that restores habitat to a condition that will, in the future, provide potentially suitable
nesting or foraging habitat.
Practiees will include the following:
Increase rotation age from ~ years to __ years in potential nesting habitat
over at least 10 conti6'l1ous acres.
:",T< :'0. <':',':1 l
Fer Jary =4 20C'9 r
~)');Je 26]135
_ Increase rotation age from _ years to _ years in potential foraging
habitat over at least 75 contiguous acres.
---X- Plant appropriate native pine (typically longleaf or south Florida slash) and
maintain those pines for at least 40 vears.
'Thin overstocked (greater than 80ft' basal area/acre) stands; acres will be thinned
- 2
to between 40 and 70 ft pine basal area.
Hardwood Control
Property Owner agrees to reduce/control hardwood basal area and midstory vegetation in
occupied habitat on the enro1ied property using the following methods:
_ Prescribed burning at a ~ to ~ year interval
Chemical treatment;
List chemicals
Mechanical treatment;
List methods
..lL Property Owner agrees to reduce/control hardwood basal area and midstory vegetation in
unoccupied but potentially suitable RCW habitat on the enrolled property using the
following methods:
_ X ~Prescribed burning at a 3 to 5 year interval
Chemical treatment;
List chemicals
---X- Mechanical treatment;
List methods possibly a Posi-trac or Brown Tree Cutter for dense palmetto areas;
hand removal of scattered sabal palms
..lL Property Owner agrees to reduce/control hardwood basal area and midstory vegetation in
habitat that is unsuitable for a period sufficient for the habitat to either become occupied
by RCWs or to become potentially suitable nesting or foraging habitat using the
following methods:
X Prescribed burning at a 3 to 5 year interval
Chemical treatment;
List chemicals
---X- Mechanical treatment;
List methods possiblva Brown Tree Cutter for dense palmetto areas;
hand removal of scattered sabal palms
I
i
I
I
I
I
RCW Cavity Installation and Maintenance
Property Owner agrees to install artificial cavities in occupied RCW clusters on the
enrolled property. Each active RCW cluster must have at least 4 complete cavities in
suitable condition.
cavities in
insert en vities;
clusters
drilled cavities
Property Owncr agrees 10 install cavity restrictors on enlarged cavilies such that each
cluster has a minimum of 4 complete cavities in suitable condition.
-
Agenda It0:m t\!o. 16E 1
~ ebruary 24, 2009
Page 27 of 35
restrictors in
clusters
l Property Owner agrees to install and maintain artificial cavities at appropriate sites on the
cnrolled property in potentially suitable, unoccupied nesting habitat and at lcast four (4)
complete cavities arc installed per site.
RCW Population Management
Property Owner agrees to provide opportunity for the Commission, USFWS, or a third
party to translocate subadults from other propcrties to the enrolled property.
Translocations wili involve the following:
_ Potential Breeding Pair(s) (unrelated subadults)
_ Single Male(s)
_ Single Female(s)
Property Owner agrees to provide opportunity for the Commission, USFWS, or a third
party to translocate subadults into habitat on the enrolled property that is occupied by a
single (male or female) RCW. Translocations will involve the following:
_ Potential Breeding Pair(s) (unrelated subadults)
_ Single Male(s)
_ Single Female(s)
Property Owner agrees to provide opportunity for the Commission, USFWS, or a third
party to translocate subadults from the enrolled property to other properties.
Translocations will involve the following:
_ Potcntial Breeding Pair(s) (unrelated subadults)
Single Male( s)
_ Single Femalc(s)
i
I
li9nl hb. 16~1
:::-eb;"lJa"'~1 24 2009
P:JQ'3 22, of 35
IV. Conservation Benefits
The following conservation benefits to RCWs are expected as a result ofimpJemcnting the
conservation measurcs identificd in this Agreement:
Note: the Commission will check all that apply.
Occupied RCW nesting and foraging habitat will be maintained at current levels, which
will assist in meeting RCW recovery goals and will help maintain population stability.
Existing RCW populations will be maintained and enhanced through the installation of
artificial RCW nesting and roosting cavities.
l New RCW groups will be created through natural population expansion and/or the
installation of artificial RCW nesting and roosting cavities and/or translocation efforts on
the enrolled property.
Other RCW populations will be augmented through translocation of surplus subadult
RCWs from the enrolled property to suitable sites.
l Suitable RCW habitat will be enhanced, restored, and/or created.
l RCW habitat connectivity will increase as a result of habitat enhancement, restoration,
and creation efforts.
Additional information on RCW population productivity and demographics in Florida
will be obtained.
l Public support for RCW conservation and endangered species management will increase
by demonstrating government agency sensitivity, cooperativeness, and flexibility. Much
of the past and current criticism of environmental regulations and private property ri ghts
has focused on ESA-related habitat management restrictions.
I
I
Agenda Item No. 16E 1
February 24,2009
Page 29 of 35
v. Implementation Schednle
Specify the time frames within which the Property Owner agrees to accomplish the
conservation measures agreed upon in this Agreement. For each activity, list the agreed
upon dates to accomplish each action:
Mana!!ement Activities to be Implemented
A. Activity: reduce palms and palmettos bv mechanical means
Completion Date: end of calendar year 2008 (Complete)
after A is completed
B. Activity: 1 st orescribe burn will OCcur sometime in the Winter as a drv season
burn weather ermittin . A cooler burn is necessa to reduce fuel loads before
switchin!! to growin!! season burnin!!.
Completion Date: end of calendar year 2009 or earlv 2010
after B is completed
C. Activity: prescribe burn at least 93% of pro pert v every 3-5 vears
Completion Date: every 3-5 vears after first initial burn
D. Activity: reduce palms and palmettos usin!! mechanical or chemical means
Completion Date: as appropriate: when midstory becomes more than sparse
and/or greater than 7ft. in hei!!ht. Mechanical/chemical reduction will be used
before burn routine be!!ins then prescribed fires should be all that is needed to
maintain midstory control.
E. Activity: thin pine stands
Completion Date: as appropriate to maintain stocking at or below 70BA
F. Activity: plant south Florida slash pine in areas where wildfire occurred
Completion Date: 2013
G. Activity: install artificial cavities
Completion Date: Winter 2008-2009 after hardwood control and/or 1 st bum
H. Activity:
Completion Date:
I. Activity:
Completion Date:
J. Activity:
Completion Date:
K. Activity:
Completion Date:
L. Activity:
Completion Date:
M. Activity:
Completion Date:
N. Activity:
Completion Date:_, _,_
Attachment B
. C II" P Aoenda Item No. 16E1
Conservation 0 ler Nancy Payton reserve February 24.2009
& Basel ine Survey Waypoints Page 30 of 35
335
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530
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1,060 Feel
Legend
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o
E::J Nancy Paybn Preserve
o Adjacent RCW trees Private Property
CDm~r CoUJ1.ty
.
WAYPOINT
o 'Xb.",,' ,'",",,'~
o 2.goodartific;alcavitytree
o 3-goodartificialc8'/rtytree
o 4-gocdartifK:ialcavrtytree
o 5-gooo cavLlytree area-(5 possible trees)
o 6-potenoalCluslerarea
o i-gocxi arUicialcavFlr1ree-185 dbh
o B-goodartificialcavrtylree-20dbh
o 9-bigoldtree
Folio Number 61730440005
DataS~Jrc:e= Collier Courty Property Appral5er-200B aerials
WI!Iypolnts: KJ (FWC)
Created By: GIS I Con5ervatlon Collier I CS
Gr Con~rV8th"'ColllerlM!lps/acquiredprqJertie51
f1ehoolboardcJase aeriaIfSafeHarbor,sasllnewaypt!l_12_4.0S.mxd & jpg.
Date 1214,OS
,
ATTACHMENT B PART 2
CONSERVATION COLLIER
Property Identification Number: 61730440005
Agenda Item f\lo. 16E 1
February 24. 2009
Page 31 of 35
TAX IDENTIFICATION NUMBER: 61730440005
LEGAL DESCRIPTION:
ALL OF TRACTS 7, 8, 9 AND 12, AND THE NORTH 82.5 FEET OF THE
SOUTH 825.0 FEET OF TRACT 10, NAPLES FARM SITES, INC.,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4,
,
PAGE 34, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
SUBJECT TO AN ACCESS EASEMENT OVER, ALONG AND ACROSS THE
WEST 30 FEET THEREOF.
..
PAGE 1 of' 2
ATTACHMENT B
PART 2
ttt OR: 4410 PG:A25B.9aUtn No. 16El
rebruary 24, 2009
Page 32 of 35
PROPERTY TAX IDENTIFICATION NUMBER: 61731040006
LEGAL DESCRIPTION:
NAPLES FARMS SITES:
THE NORTri 165 FEET OF THE SOUTH 330 FEET OF THE EAST HALF
OF TRACT 10, SECTION 24, TOWNSHIP 49 SOUTH, RANGE 26 EAST
RECORDED IN PLAT BOOK 4 AT PAGE 34 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 61730960006
AND
EEl
LEGAL DESCRIPTION:
NAPLES FARMS SITES:
LEGAL DESCRIPTION:
NAPLES FARMS SITES:
THE NORTH 247.5 FEET OF THE SOUTH 742.5 FEET OF THE
EAST HALF OF TRACT 10, RECORDED IN PLAT BOOK 4 AT
PAGE 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
Page 2 01' 2
Conservation Collier Nancy Payton PreserveAt\~a Item No.16E1
Surrounding RCW Cluster Locations (within 0.5 intIe~1i/3i~f~~
Attachment C
~
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\ 7\
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V"-_.
/
o
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0.125
0.25
I
0.5 Miles
I
Lege nd
D Nancy Payton Preserve
. Adjacent RCW Cavity Trees or Clusters
o NPP _half mile buffer
_ Land Use Cover-Pine Flatwoods
DataSource-Parcels and Aerials-Collier County PIOper1y Appraiser
Created by: G SICon servation Coll~ ~ CS
G Conservation Collierknapsla<I1uiredproperlieslschoolboardlsafeharboriNPP _SurrRCV\I.;;_fevise<CbufJer mld and jpg 1-23-09
Clilii';" Co,",,,l!!
P,-gencja itsm No. iDE 1
February 24. 2009
PaJe 34 of 35
ATTACHMENT 0
TO
FLORIDA SAFE HARBOR MANAGEMENT AGREEMENT
Certificate of Inclusion
in the Florida Statewide Red-cockaded Woodpecker
Safe Harhor Agreement and Enhancement of Survival Permit
This certifies that (Property Owner's Name = Property Owner) Collier Countv Conservation
Collier Proe:ram , the Property Ownei (5) of the properlY located in Collier County. east of Blue
Sage Drive, north of Bran tie v Blvd (township 49. range 26. section 24), and any future owner(s)
of the property, are included within the scope of Enhancement of Survival Permit NO.TE
113463-0, issued by the U.S. Fish and Wildlife Service (Service) on (Date) OS/] 9/2006 to the
Florida Fish and Wildlife Conservation Commission (the Commission). This Certificate of
Inclusion authorizes the Property Owner to conduct the activities that are specified in Safe
Harbor Management Agreement (SHMA) No.003 between the Property Owner and the
Commission for the red-cockaded woodpecker (Picoides borealis) (RCW). The Property
Owner, and any future owners of the property, are hereby authorized, subject only to the terms
and conditions of the Permit and the terms and conditions of the SHMA, to engage in,
implement, or otherwise conduct the activities specified in the SHMA on the property even
though these activities may result in the incidental taking of the RCW. However, the incidental
taking of the RCW shall not result in a diminishment of the Property Owner's baseline
responsibilities on the property as specified in the SHMA.
Additionally, this Certificate provides the Property Owner with the following regulatory assurances:
"If additional conservation measures are necessary to respond to unforeseen
circumstances, the Service may require additional measures of the Permittee (and/or
participating Property Owners) only if such measures are limited to modifications within
the SHMA's conservation stratcgy for the affected species, and only if those measures
maintain the original terms of the SHMA (and Certificates issued therein) to the
maximum extent possible. Additional conservation measures will not involve the
commitment of additional land, water, or financial compensation, or additional
restrictions on the use of land, water, or other natural resources available for development
or use under the original terms of the SHMA (and Certificates issued therein) without the
consent of the Pennittee (and affected participating Property Owner (s))."
The Service will have the burden of demonstrating that unforeseen circumstances exist, using the
best scientific and commercial data available. These findings must be clearly documented and
based upon rcliable technical information regarding the status and habitat requirements of the
aJIecled species. The Servicc will consider, but not be limited to, the following factors:
'r Size of the current range of the arfectcd species;
'r Percentage of range adversely affected by the Agreement;
'r Percentage of range conserved by the Agreement;
;.. Ecological significance of that portion of the range affected by the Pennit;
!\genda Item No. 16E 1
February 24. 2009
Page 35 of 35
';. Level of knowledge about the affected species and the degree of specificity of the
species' conservation program under the Agreement; and
';. Whether failure to adopt additional conservation measures would appreciably
reduce the likelihood of survival and recovery of the affected species in the wild.
These assurances allow the enrolled Property Owner to alter or modifY the enrolled property,
even if such alteration or modification results in the incidental take of the RCW to such an extent
that the takc returns the RCW to the originally agreed upon baseline conditions. These
assurances may apply to the entire enrolled property or to portions of the enrolled property as
designated or otherwise specified in the SHMA. These assurances are also contingent on the
enrolled Property Owner's compliance with the obligations ofthe SHMA. Further, the
assurances apply only to this particular SHMA, only if the SHMA is being properly
implemented, and only with respect to species covered by the SHMA.
These authorizations and assurances expire on (Date Permit Expires) 12/31/2105
(The Commission, Permittee)
(Date)
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRMAN
Approval as to form and legal Sufficiency:
'''\f'''\ . L
.. ) rv '\-V .~
Jenni?er B. White
Assistant County Attorney