Agenda 09/23/2008 Item #16E 8Item # 16E8
September 23, 2008
Page 1 of 144
EXECUTIVE SUMMARY
Recommendation to approve a Final Management Plan for the Nancy Payton
Preserve under the Conservation Collier Land Acquisition Program
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) for the
Nancy Payton Preserve Final Management Plan (FMP) and for the Board to give direction to the
County Manager, or his designee, for its implementation.
CONSIDERATIONS: The Conservation Collier Ordinance, No. 2002 -63, as amended, Section
14(2), requires that a Final Management Plan be prepared for each property, with review and
input by the Land Acquisition Advisory Committee. This plan shall identify management
activities as are necessary to preserve, enhance, restore, maintain and monitor the property,
and estimate the costs of the project. Additionally, the Plan shall identify how public use
compatible to the parcel shall be accomplished.
Nancy Payton Preserve (f.k.a. the School Board Section 24 Property), comprised of 65 acres
located north of Brantley Blvd. and east of Blue Sage Drive in North Belle Meade Section 24,
was purchased by Collier County in 2005. The Interim Management Plan was approved by the
Board in 2006. The Lands Evaluation and Management Subcommittee of the Conservation
Collier Land Acquisition Advisory Committee ( CCLAAC) has reviewed the draft Final
Management Plan. On July 17, 2008, a successful public meeting was held, inviting all
surrounding neighbors of the Preserve to attend and provide comments, 30 people attended.
The final draft was presented to the CCLAAC on September 8, 2008. The CCLAAC
unanimously recommended approval.
FISCAL IMPACT: The costs of land management activities for the first year of implementation
have been estimated to be $43,405 to cover, plant and wildlife surveys and vegetation mapping
and exotic removal maintenance. The annual costs will lessen in subsequent years to
approximately $7,600 - $25,800 per year. Funds are budgeted within the Conservation Collier
Land Management Fund to accomplish these activities. Staff will seek grant funding to assist in
reducing these costs.
GROWTH MANAGEMENT IMPACT: Management of Conservation Collier lands to support
appropriate public access is consistent with and supports Policy 1.1.6 and Objective 1.3 in the
Recreation and Open Space Element of the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (No. 2002 -63, as
amended), in Section 14, provides a legal framework for development of management plans
and for use of environmentally sensitive lands. The Office of the County Attorney has reviewed
and approved the Final Management Plan for form and legal sufficiency. -JAB
RECOMMENDATION: That the Board of County Commissioners approves the attached Final
Management Plan and directs the County Manager, or his designee, to implement it for the
Nancy Payton Preserve.
PREPARED BY: Christal Segura, Environmental Specialist, Conservation Collier Program,
Department of Facilities Management
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Recommendation to approve a Final Management Plan for the Nancy Payton Preserve under the
Conservation Collier Land Acquisition Program.
Prepared By:
Department Date
County Attorney 9/8/2008 3:25:16 PM
Approved By:
Department Approval Date
Adminstrative Approved 9/10/2008 5:15 PM
Services
Approved By:
Department Approval Date
Office of
Management Approved 9/15/2008 3:07 PM
and Budget
Approved By:
Department Approval Date
County Attorney Approved 9/15/2008 11:52 AM
Approved By:
Department Approval Date
County Attorney Approved 9/15/2008 11:52 AM
Approved By
Department Approval Date
Office of
Management Approved 9/15/2008 3:07 PM
and Budget
Approved By:
Department Approval
County Approved
Manager's Office
Date
9/15/2008 3:52 PM
ATTACHMENTS:
Name: Description:
❑ ExecSummBCC FMPNanc4PaytonP_reserv_eJAB _ d-oc Executive Summary
❑ Final Management Plan Nancy Payton Preserve
Nancy Payton Preserve Final Managment Plan
Final�df pgt
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Type:
Executive Summary
Backup Material
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Nancy Payton Preserve
Land Management Plan
FINAL DRAFT
Managed by:
Collier County
Conservation Collier Program
[September 2008 — September 2018 (10 yr plan)]
Prepared by: Collier County Conservation Collier Staff
2008
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Nancy Payton Preserve
Land Management Plan Executive Summary
Lead Agency: Conservation Collier Program, Collier County Facilities
Management Department, Collier County Administrative Services Division
Properties included in this Plan: One Parcel— Folio 61730440005
3 additional parcels owned by Kaye Homes may be acquired by the Fall of 2008.
When acquired they will be combined into the same folio number.
Acreage Breakdown: Currently 65 acres- If Kaye Homes parcels are acquired this
will increase to 69 acres total.
Management Responsibilities: Collier County Conservation Collier Program staff
Designated Land Use: Conservation and natural resource -based recreation
Unique Features: Mature Pine Flatwood Community
Management Goals:
Goal 1: Eliminate or reduce human impacts to indigenous plant and animal life
Goal 2: Implement a biological monitoring program.
Goal 3: Continue to keep populations of invasive, exotic plants in maintenance state
Goal 4: Create and implement a prescribed fire program
Goal 5: Restore canopy and ground cover species in specific areas
Goal 6: Native wildlife species management
Goal 7: Problem wildlife species management
Goal 8: Develop and implement a plan for public use
Goal 9: Facilitate uses of the site for educational purposes
Goal 10: Officially open preserve for public access
Goal 11: Provide a plan for disaster preparedness
Acquisition Needs: Any adjacent parcels, to improve access options and to
increase the acreage of protected habitat
Surplus Lands: None
Public Involvement: Public meeting(s) were held before approval of this plan with
residents from the surrounding neighborhood. Additional meetings will be held before all
controlled burns. Staff will work with neighbors and local agencies to assist in ATV
trespass control. Neighbors may also get involved in volunteer events or activities.
Conservation Collier Program
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Table of Contents
LAND MANAGEMENT PLAN EXECUTIVE SUMMARY ................... ............................... II
LISTOF FIGURES ....................................................................................... .............................IV
LISTOF TABLES .......................................................................................... ..............................V
1.0 INTRODUCTION ...................................................................................... ..............................1
1.1 Conservation Collier: Land Acquisition Program and Management Authority ............... ..............................1
1.2 Purpose and Scope of Plan ...................................................................................................... ..............................2
1.3 Location ...................................... ___ ----------- -- ------ -__. _.
1.4 Regional Significance ............................................................................................................... ..............................5
1.5 Nearby Public Lands and Designated Water Resources
1.6 Public Involvement
2.0 NATURAL AND CULTURAL RESOURCES
2.1 Physiography ............................................................................................................................ ..............................8
2. 1.1 Topography and Geomorphology ....................................................................................... ..............................5
2. L4 Hydrology/Water Management .......................................................................................... ..............................8
2.1 .2 Geology .........................................................................._.................................................. ..............................9
2.1.3 Soils .................................................................................................................................... ..............................9
2.2
2.3 Natural Plant Communities ................................................................................................... .............................10
2.4 Native Plant and Animal Species ........................................................................................... .............................11
2.5 Listed Species ........................................................................................................................
............................... 14
2.5.1 Listed Plant Species ................................ ....................................................
........ ..... .......: ............................... 14
2.5.2 Listed Wildlife Species ................................. ........................... .............
............ ............. .. ....... ......................16
2.6 Invasive, Non - native and Problem Species ...........................................................................
.............................17
2.6.1 Exotic Wildlife Species .....................................................................................................
.............................IS
2.6.2 Invasive and Problem Plant Species ................................................................................
............................... IS
2.7 Forest Resources ..................................................................................................................... .............................19
2.8 Archaeological, Historical and Cultural Resources ............................................................. .............................19
3.0 USE OF THE PROPERTY
3.1 Previous and Current Use
3.2 Planned Uses and Assessment of their Impacts
Conservation
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3.4 Adjacent Land Uses - Currently surrounding the preserve are a small number of single family homes, a
canal, a private golf course and vacant undisturbed land ......................................................... .............................25
3.5 Prospective Land Acquisitions .............................................................................................. .............................25
3.6 Analysis of Multiple -Use Potential ........................................................................................ .............................27
3.7 Proposed Single - or Multiple - Use Management ............................................................... .............................27
4.0 FUTURE USE OF THE NANCY PAYTON PRESERVE INCLUDING
MANAGEMENT ISSUES, GOALS AND OBJECTIVES ......................... .............................28
4.1 Management Plan Framework .............................................................................................. .............................28
4. 1.1 Preserve Manager: Contact Informat ion .........................................................._................ .............................28
4.1.3 Preserve Rules and Regulations ...................................................... ............ ......... ................. ......................... 28
4.2 Desired Future Condit ions ..................................................................................................... .............................28
4.3 Major Accomplishments during previous years .................................................................. .............................29
4.4 Goals and Objectives for 10 year period ............................................................................... .............................29
4.5 Partnerships and Regional Coordination ............................................................................. .............................43
4.5.1 Interagency Agreements and Cooperating Agencies ..................................... .......... .................................. .... 43
4.5.2 Cooperating Agencies ........................................................................................................ .............................43
4.5.3 Potential Cooperating Organizations ................................................................................. .............................43
5.0 LITERATURE CITED
List of Figures
Figure 1. Nancy Payton Preserve Location Map
Figure 2. Nancy Payton Preserve 2008 Aerial View
Figure 3. Conservation Collier Preserves and Designated State and Federal Land or
Conservation Easements Existing in Collier County
Figure 4. Collier County Conservation Areas and Designated Conservation Easements
Figure 5. Nancy Payton Preserve Lidar Elevations Map
Figure 6. Nancy Payton Preserve Land Cover / Land Use Map
Figure 7. 1940's Aerial Photo
Figure 8. 1962 Aerial Photo
Figure 9. Nancy Payton Preserve Easements and Access
Figure 10. Potential Properties Recommended for Future Acquisition
Figure 11. Photo Point Locations at Nancy Payton Preserve
Figure 12. Prescribed Fire Map -Fire Breaks and Previous Wildfire Areas
Figure 13. Conceptual Plan for Nancy Payton Preserve
Conservation Collier Program iv
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List of Tables
Table 1: Acquisition History and Status of Nancy Payton Preserve .............................
Table 2: Public Lands Located Near the Nancy Payton Preserve .. ...............................
Table 3. FNAI Natural Community Type .................................... ...............................
Table 4: List of Avian Species Recorded on the Site .................... ...............................
Table 5: Breeding Bird Species Recorded in the Belle Meade NW Quadrangle
Encompassing the Nancy Payton Preserve .............................. ...............................
Table 6: Listed Plant Species Detected at the Nancy Payton Preserve ..........................
Table 7: Rare Wildlife Species Found at Nancy Payton Preserve ... ...............................
Table 8: Invasive Plant Species at Nancy Payton Preserve ............. ...............................
Table 9: Analysis of Multiple -Use Potential ................................... ...............................
Table 10: Major Accomplishments during previous years .............. ...............................
Table 11: Invasive, Exotic Plant Species Control Plan for the Nancy Payton Preserve
Table 12. Estimated Annual Land Management Budget ................ ...............................
List of Appendices
Appendix 1: Legal Description of the property and Plat Maps
Appendix 2: List of plant species observed at the Nancy Payton Preserve
Appendix 3: Florida Natural Areas Inventory Managed Area Tracking Record and Element
Occurrence Summary; FNAI ranking system explanation and
Natural Communities Descriptions for Occurring Natural Communities
Appendix 4: Potential Adjacent Properties to Pursue for Future Acquisition
Appendix 5: Draft Example of Prescribed Fire Plan
Appendix 6: Safe Harbor Agreement with FFWCC and USFWS
Collier Program
10
12
13
14
16
19
27
29
33
45
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1.0 Introduction
The Nancy Payton Preserve is a 65 -acre preserve located in an area in Collier County, FL called
North Belle Meade. It is largely comprised of native, pine flatwood species. Current access to
the preserve is from Blue Sage Drive off of Brantley Blvd.
The Preserve was purchased by Collier County in December 2005 through funds from the
Conservation Collier Program. The County holds fee simple title. In the past, the preserve was
referred to as the "School Board - Section 24 Property ". In December 2006, it was officially
renamed the "Nancy Payton Preserve" by the Board of County Commissioners. Nancy Payton
currently works for the Florida Wildlife Federation and has been very active in the preservation
of this Collier County Belle Meade Area. The preserve will be open to the public, and
educational tours for local schools and groups will most likely be conducted at the site. A nature
trail, benches, picnic tables and educational interpretive signs will be provided for visitors.
The Conservation Collier Program manages this parcel under authority granted by the
Conservation Collier Ordinance 2002 -63, as amended (available from www.municode.com ).
Conservation, restoration and passive public recreation are the designated uses of the property.
Management activities allowed are those necessary to preserve and maintain this
environmentally sensitive land for the benefit of present and future generations. Public use of
this site must be consistent with these goals.
This is the Final Management Plan for the Nancy Payton Preserve. This management plan will
be submitted to the Collier County Board of County Commissioners (BCC) for approval. When
approved, this plan will replace the Interim Management Plan. Updates to the plan will be
completed every 5 years.
1.1 Conservation Collier: Land Acquisition Program and Management Authority
The Conservation Collier Program was originally approved by voters in November 2002 and
subsequently confirmed in the November 2006 ballot referendum. Both voter- approved
referendums enable the program to acquire environmentally sensitive lands within Collier
County, Florida (Ordinance 2002 -63, as amended). Properties must support at least two of the
following qualities to qualify for consideration: rare habitat, aquifer recharge, flood control,
Collier Program
Year
Table 1: Acquisition History and Status of Nancy Payton Preserve
Benchmark
2004
Property nominated to the Conservation Collier Program
2004
Initial site assessment by Conservation Collier staff
2004
Approval of Initial Criteria Screening Report by the Conservation Collier Land
Acquisition Advisory Committee
2005
Approved for purchase by the Board of County Commissioners (BCC). Closed on
property in December 2005
2006
Developed Interim Management Plan- BCC approved
2006
"School Board Section -24 Property" renamed "Nancy Payton Preserve"
2008
Completed Final Management Plan
This is the Final Management Plan for the Nancy Payton Preserve. This management plan will
be submitted to the Collier County Board of County Commissioners (BCC) for approval. When
approved, this plan will replace the Interim Management Plan. Updates to the plan will be
completed every 5 years.
1.1 Conservation Collier: Land Acquisition Program and Management Authority
The Conservation Collier Program was originally approved by voters in November 2002 and
subsequently confirmed in the November 2006 ballot referendum. Both voter- approved
referendums enable the program to acquire environmentally sensitive lands within Collier
County, Florida (Ordinance 2002 -63, as amended). Properties must support at least two of the
following qualities to qualify for consideration: rare habitat, aquifer recharge, flood control,
Collier Program
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water quality protection, and listed species habitat. The BCC appointed a Conservation Collier
Land Acquisition Advisory Committee (CCLAAC) to consider any selected or nominated
properties that an owner has indicated a willingness to sell. The committee recommends
property purchases for final approval by the BCC.
Lands acquired with Conservation Collier funds are titled to "COLLIER COUNTY, a political
subdivision of the State of Florida, by and through its Conservation Collier program." The
Board of County Commissioners of Collier County established the Conservation Collier Program
to implement the program and to manage acquired lands. As such, Conservation Collier holds
management authority for the Nancy Payton Preserve.
1.2 Purpose and Scope of Plan
The purpose of the plan is to provide management direction for the Nancy Payton Preserve by
identifying the goals and objectives necessary to eliminate or minimize any threats to the
resources and integrity of the preserve. This text is a working document that establishes the
foundation of a ten -year plan by identifying the appropriate management techniques necessary to
preserve and/or restore the resource.
This plan will balance resource restoration and protection with natural resource -based
recreational and educational use while looking at 'listed species protection and maintenance of
the site free of invasive, exotic plant and animal species. This plan is divided into sections that
incorporate an introduction, descriptions of the natural and cultural resources, projected uses of
the property, and management issues, goals and objectives.
1.3 Location
The Nancy Payton Preserve property is located east of Golden Gate City in the Rural Fringe
Mixed Use District Lands (category neutral), north of Brantley Blvd. and east of Blue Sage
Drive (Figure 1). The property is also considered to be in an area called North Belle Meade. It is
adjacent to the Golden Gate Canal along the entire northern property line and along Blue Sage
Drive (Figure 2). It is located in Township 49, Range 26 and Section 24, in Collier County,
Florida. The legal description and area plat maps are attached as Appendix 1.
Program 2
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Conservation Collier Nancy Payton Preserve
Legend
jConservation Collier Nancy Payton Preserve
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Figure 1: Nancy Payton Preserve Location Map
Conservation Collier Program
Conservation Collier Nancy Payton
Preserve Aerial Map
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Figure 2: Nancy Payton Preserve 2008 Acrial View
Conservation Collier Program 4
Coll er Cotnthl
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1.4 Regional Significance
Despite having 867,000 acres, or 64 %, of County lands protected in conservation status, Collier
County has lost, and is losing, many of its rare and unique habitats (Figures 3 and 4). The
Conservation Collier Ordinance (2002 -63, as amended) identifies these specific habitats and
gives preference to them in acquisition evaluations. These habitats include, in order of
preference: tropical hardwood hammocks, xeric oak scrub, coastal strand, native beach, riverine
oak, high marsh (saline) and tidal freshwater marsh. The Nancy Payton Preserve does not
contain any of these preferred habitats; however, it is significant in serving as an important
wildlife refuge. This property provides habitat for the State listed gopher tortoise (Gopherus
polyphemus) and Florida panther (Puma concolor coryi). It also previously provided nesting
habitat for the endangered red - cockaded woodpecker (Picoides borealis) (RCW) pre - wildfire,
and currently continues to provide foraging habitat for RCW's. The protection and management
of these listed species and their habitat is critical to their long tern existence in Collier County
and throughout their ranges.
1.5 Nearby Public Lands and Designated Water Resources
Conservation Lands, in order of increasing distance are identified in Table 2 below.
Table 2: Public
Preserve Name
Lands Located Near
Distance (miles)
the Nancy Payton
Direction
Preserve
Type
Picayune Strand State Forest
3 miles
S
State
Logan Woods Preserve
3 miles
NW
County / Conservation
Collier
Milano Preserve
5 miles
NW
County / Conservation
Collier
Rookery Bay NERR
9 miles
SW
National
Florida Panther National
Wildlife Refuge
10 miles
SE
National
Collier Seminole State Park
13 miles
SE
State
Ten Thousand Islands National
Wildlife Refuge
15 miles
E
National
Conservation Collier Program
r
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Location of Conservation Collier Program Lands
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rtgure s. Conservation Collier Preserves and Designated State and Federal Land or
Conservation Easements Existing in Collier County
Conservation
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Collier County Natural Areas and Conservation Easements
L 1 t
0 5 74 Mies
Legend
— Conservation Land
—Nancy Payton Preserve
SFWMD Conservation Easements
Figure 4: Collier County Conservation Areas and Designated Conservation Easements
Conservation Collier Program 7
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1.6 Public Involvement
Neighborhood involvement will be sought through direct mailing notices for public meetings to
residents within the surrounding area, owners of properties that border the preserve, and
organizations with an interest in the preserve. Any major changes or management activities,
such as prescribed fire that are likely to generate an intrusive aspect or that in some way affect
neighboring properties will be reviewed with these contacts prior to conducting the activity.
Staff will also seek volunteers through these contacts. Preserve activities will be posted on the
Conservation Collier website and also through public notices.
2.0 Natural and Cultural Resources
2.1 Physiography
The Nancy Payton Preserve lies within the Southwestern Flatwoods District. This largely low,
flat district was developed on rocks and sediments that range mainly form Miocene to
Pleistocene in age. Surficial materials are dominantly sand (often with relatively clayey
substrate) limestone and organic deposits (Myers & Ewel 1990).
COwNrrMbl� C."W ws ¢' I'ybn
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2. 1.1 Topography and Geomorphology
The preserve is located in the Southwestern
Slope region of the South Florida Water
Management District. Topography has been
established using a Light Detecting and
Ranging (LIDAR) map (Figure 5). The
average elevation of the surrounding lands is
10 -12 feet according to North American
Vertical Datum (NAVD 1988).
2.1.2 Hydrology/Water Management
�» Flat topography, sandy soils and seasonal
t precipitation strongly influence hydrological
processes in flatwoods. During the rainy
season, flatwood soils become saturated and
_ -7i .... -• poorly aerated and there may be standing
water for varying periods of time. During the
-- dry season however, high evapotranspiration
- draws much water from the upper horizons
thus soil moisture becomes rapidly depleted
and persistent droughty conditions result
(Myers & Ewel 1990). A canal was dug to the
north and west of the preserve in the 1950's.
Figure 5. Nancy Payton Preserve Lidar Elevations Map This has no doubt altered the natural
hydrology of the site causing it to be much
drier as some water runs off into the canals instead of remaining on the land and cutting potential
flow from the north and west. Additionally, the majority of the site has not burned in many
years; therefore the soil moisture is likely to be slightly higher as the litter and vine ground
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cover layer is thick and holds in moisture that would normally evaporate. No water management
structures exist on the preserve and no water management improvements are planned for the
future. The property is mapped by the South Florida Water Management District (SFWMD) to
contribute minimally to the Lower Tamiami aquifer at 7 -14" annually and the surficial aquifer
significantly at 56 -67' annually.
2.1.3 Geology
The geology of Collier County is characterized by complex sequences of interbeded sands, clays,
and limestone. Closest to the surface is the Holocene aged Pamlico Sand Formation,
approximately ten feet thick and composed primarily of unconsolidated quartz sand and some
silt. The Pamlico Sand unconformably overlies the Pleistocene aged Fort Thompson and
Caloosahatchee Formations, which vary from a few feet to more than twenty feet in thickness
and are characterized by shelly and sandy limestone with vugs and solution cavities (Miller
1986).
Below the Fort Thompson and Caloosahatchee Formations are the Ochopee and Buckingham
Members of the Pliocene aged Tamiami Formation, which are at least 200 feet thick in the
surrounding areas (Oaks & Dunbar 1974). The Ochopee Limestone unconformably overlies the
Buckingham Limestone and/or the equivalent Cape Coral Clay. This unconformity marks the
bottom of the surficial aquifer separating it from the brackish underlying aquifer below. Then
the Hawthorn Formation, rich in phosphate and other heavy minerals (Scott 1988), overlies the
Oligocene age Suwannee Limestone and Eocene age Ocala Limestone that form the Floridian
Aquifer System in Southwestern Florida.
2.1.4 Soils
Soils data is based on the Soil Survey of Collier County, Florida (USDA/NRCS, 1990, rev.
1998). Mapped soils on this parcel include, in order from larger to smaller area covered:
Malabar Fine Sand, Immokalee Fine Sand, and Holopaw Fine Sand, Limestone Substratum.
Malabar soils consist of nearly level, poorly drained soils in sloughs and poorly defined drainage
ways and on ridges bordering sloughs. These soils formed in sandy over loamy marine
sediments. Immokalee Fine Sand are nearly level and are poorly drained soils found in
flatwoods. These soils formed in sandy marine sediments. Holopaw Fine Sand consists of level
and nearly level and very poorly drained soils in sloughs, poorly defined drainage ways and
marshes.
2.2 Climate
The Nancy Payton Preserve is located in an area of Florida that is influenced by both a humid
subtropical climate and a tropical savanna climate in which temperatures are moderated by winds
from the Gulf of Mexico and the Atlantic Ocean. A tropical savanna climate is characterized by
sharply delineated wet and dry seasons and average monthly temperatures greater than 64°
Fahrenheit. Monthly rainfalls may exceed ten inches during the wet season. Humid subtropical
climates are characterized by less extreme rainfall fluctuations between wet and dry seasons and
average monthly temperatures less than 64° Fahrenheit in some months.
The average annual temperature for this portion of Collier County is approximately 75°
Fahrenheit. The warmest months are usually July and August. The humidity is high during these
months but frequent afternoon thunderstorms prevent excessively high temperatures.
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Two - thirds of the annual rainfall occurs in the wet season from May to October. Thunderstorms
are frequent during the wet season occurring every two out of three days between June and
September. Rainfall records for the area indicate that there is no significant variation in the
annual rainfall throughout much of the county; however, large variations often occur during a
single year. The hurricane season extends from June through November with peak activity
occurring in September and October when ocean temperatures are highest.
2.3 Natural Plant Communities
A plant community refers to the suite of plant species that form the natural vegetation of any
place. In addition to anthropogenic influence, the combination of factors such as geology,
topography, hydrology, underlying soils and climate determine the types of plants found in an
area. These plants in turn determine the animal species that may be found in an area.
The Florida Land Use, Land Cover Classification System (FLUCCS) GIS layer provided by the
South Florida Water Management District classifies the entire site as Upland Coniferous Forest,
Pine Flatwoods- Melaleuca Infested. Site evaluations confirm the Pine Flatwoods designation,
however, no melaleuca exists on the site and no evidence is present to show that it ever has been
present (Figure 6). Evidence from site visits and historic aerials indicate that portions of the
preserve contained more patches of cypress (currently, cypress does exist sporadically) and other
portions contained more scrubby type flatwoods than currently exist. While the preserve may
have been previously comprised of a higher percentage of cypress in the past, current hydrology
mandates that the preserve now be managed as a pine flatwoods community. This will benefit
listed species such as RCW, Florida Panther and gopher tortoise.
The vegetation classification scheme of the Florida Natural Areas Inventory (FNAI) and the
Florida Department of Natural Resources (FDNR)(1990) are presented in table 3. This table is
based on the plant communities observed and mapped on the Nancy Payton Preserve.
G4: Apparently secure globally (may be rare in parts of range);
S4: Apparently secure in Florida (may be rare in parts of range).
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Comarvation ColMar Nancy Payton Praearve '..
Land Cover ! Land Uaa Map
Legend
fl,vN�af�ww..v.H�n. n..wa
F,Yu lluml.r G1'IOIN%%f!
a
Figure 6: Nancy Payton Preserve Land Cover / Land Use Map
2.4 Native Plant and Animal Species
o The 65 -acre preserve is a South Florida Pine Flatwoods Community. One - hundred and forty
seven (147) plant species were recorded at Nancy Payton Preserve in 2008 (Appendix 2). Data
was collected by Keith Bradley of the Institute of Regional Conservation. Of these 147 plants,
(121) species or 82 %, are native to the site, and 26 species or 18 % are non - native or introduced.
In general the canopy is dominated by South Florida slash pine trees (Pinus elliottii var. densa)
and scattered cypress (Taxodium ascendens), the midstory with cabbage palms (Sabal palmetto)
and saw palmetto (Serenoa repens) and ground cover is mainly mucadine grapevine (Vitis
rotundifolia) and grasses.
Occurrences of fauna at the preserve are based on direct visual and auditory observations of
animals by Collier County staff and outside researchers during site visits or evidence of activity
such as spoor, scat, or burrows, and from the site information available in documents such as:
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the site's initial criteria screening report,
the property's interim management plan,
anecdotal information from persons with knowledge of the site.
Mammal species known to occur or individuals and/or evidence of activity directly observed
within the preserve include the bobcat (Felis rufus), cotton mouse (Peromyscus gossypinus),
eastern gray squirrel (Sciurus carolinensis), Florida panther (Puma concolor coryi), nine- banded
armadillo (Dasypus novemcinctus), raccoon (Procyon lotor), spotted skunk (Spilogale putorius),
Virginia opossum (Didelphis virginiana), and white - tailed deer (Odocoileus virginianus). A
Florida black bear was located on adjacent properties within 1 mile of the parcel.
Bird observations by Collier County staff are included in Table 4. The preserve appears to be a
popular spot for woodpeckers; as many as six different species may be observed in one day. The
endangered red - cockaded woodpecker has nested on the property in the past; however, a wildfire
in 2004 burned out the cavity tree (s). Since then, sightings of the bird continue on the property.
No new cavities have been found, however, three were documented within 750 feet to the east on
private adjacent lots. An updated RCW survey will be completed in 2008.
Common Name
Table 4: List ofAvian
i 'ax ',
e -.,,
Species Recorded on
4 ILIM .t t is °. a.
the Site
P o
Red - tailed Hawk
Buteojamaicensk
Eastern Bluebird
Sialia sialis
Red - shouldered Hawk
Buteo lineatus
Brown Thrasher
Toxoxtoma rufum
Swallow - tailed Kite
Elanoides forficatus
Gray Catbird
Dumetella carolinensis
American Kestrel
Falco sparverius
Northern Mockingbird
Mimus polyglottos
Great Horned Owl
Bubo virginianus
Blue Jay
Cyanocitta cristata
Eastern Screech Owl
Otus asio
American Robin
Turdus mig-ratorms
Barred Owl
Strix varia
Cedar Waxwing
Bombvcilla cedrorum
Northern Bobwhite
Colinus virginianus
Brown - headed Nuthatch
Sins pusilla
Quail
Mourning Dove
Zenaidura macroura
Carolina Wren
Thryothorus
ludovicianus
Common Ground -dove
Columbina passerine
Blue -gray Gnatcatcher
Polioptila caerulea
Red - headed
Melanerpes
White -eyed Vireo
Vireo griseus
Woodpecker
erythrocephalus
Red- bellied
Melanerpes carolinus
Pine Warbler
Dendroica pinus
Woodpecker
Downy Woodpecker
Picoides pubescens
European Starling
Sturnus vulgaris
Hairy Woodpecker
Picoides villosus
Common Grackle
Quiscalus quiscula
Red -cockaded
Woodpecker
Picoides borealis
Northern Cardinal
Cardinalis cardinalis
Northern Flicker
Colaptes auratus
Eastern (formerly
Pipilo erythrophthalmus
Rufous- sided) Towhee
Great Crested
Flycatcher
Myiarchus crinitus
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The Florida Breeding Bird Atlas (FFWCC 2003) lists 49 bird species that have been recorded as
confirmed, probable, or possible breeding in the vicinity of the site (in the Belle Meade NW
USGS quadrangle) that may be present at Nancy Payton Preserve (Table 5). The Breeding Bird
Atlas documents breeding distributions of all bird species in Florida between 1986 and 1991.
Some of these species may breed at the Nancy Payton Preserve.
5:
Green Heron
ltrccdiu'�' Bird SPecies Recorded
Encompassing
Butorides striatus
ill file Belle Nicade
tile
Northern Flicker
NNV Quadrangle
1771aptes auratus
Wood Duck
Aix sponsa
Pileated Woodpecker
Dryocopus pileatus
Mottled Duck
Anas fulvigula
Great Crested Flycatcher
Myiarchus crinitus
Swallow- tailed Kite
Elanoides forficatus
Loggerhead Shrike
Lanius ludovicianus
Bald Eagle
Haliaeetus Ieucocephalus
White -eyed Vireo
Vireo griseus
Red - shouldered Hawk
Buteo lineatm
Blue Jay
Cyanocilta cristata
Red - tailed Hawk
Buteo jamaicensis
American Crow
Corvus brachyrhynchos
Northern Bobwhite
Colinus virginianus
Fish Crow
Corvus ossifragus
Common Moorhen
Gallinula chloropus
Purple Martin
Progne subis
Killdeer
Charadrius vociferus
Tufted Titmouse
Parus bicolor
Least Tern
Sterna antillarum
Brown - headed Nuthatch
Sitta pusilla
Mourning Dove
Zenaida macroura
Carolina Wren
Thryothorus ludovicianus
Common ground dove
Columbina passerina
Eastern Bluebird
Sialia sialis
Eastern Screech -Owl
Otus asio
Northern Mockingbird
Mimus polyglottos
Great Horned Owl
Bubo virginianus
Brown Thrasher
Toxostoma ruf im
Burrowing Owl
Alhene cunicularia
*European Starling
Sturnus vulgaris
Barred Owl
Strix varia
Pine Warbler
Dendroica pinus
Common Nighthawk
Chordeiles minor
Eastern Towhee
Pipilo erylhrophthalmus
Chuck- will's -widow
Caprimulgus carolinensis
Northern Cardinal
Cardinalis cardinalis
Chimney Swift
Chaetura pelagica
Red- winged Blackbird
Agelaius phoeniceus
Ruby - throated
Hummingbird
Archilochus colubris
Eastern Meadowlark
Sturnella magna
Red - headed
Woodpecker
Melanerpes
er throce halus
Common Grackle
Quisealus quiscula
Red- bellied
Woodpecker
Melanerpes carolinus
Boat - tailed Grackle
Quiscalus major
Downy Woodpecker
Picoides pubescens
*House Sparrow
Passer domesticus
Red - cockaded
Woodpecker
Picoides borealis
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Reptile and amphibian species observed on the preserve include: the exotic brown anole (Aeolis
sagrei), green anole (Aeolis carolinensis), southern black racer (Coluber constrictor priapus),
and state listed gopher tortoise (Gopherus polyphemus). Due to the native habitat present and the
presence of gopher tortoise burrows, other species that use the burrows (commensal species) may
be present; these include the threatened eastern indigo snake (Drymarchon corgis couperi) and
the gopher frog (Rana capito).
Invertebrates observed at the preserve include: zebra longwing butterfly (Heliconius
charitonius), queen butterfly (Danaus gilippus), gulf fritillary (Agraulis vanillae), white peacock
butterfly (Anartia jatrophae), giant swallow -tail butterfly (Papilio cresphontes), red ants
(Solenopsis invicta), garden/ banana spiders (Argiope aurantia) and red velvet ants (Dasymutilla
occidentalis).
Other wildlife species that have not been recorded undoubtedly occur at Nancy Payton Preserve.
Future, more detailed, wildlife surveys will be conducted on the preserve and the plan will be
updated as new species are documented.
2.5 Listed Species
Official listings of rare and endangered species are produced at the federal level by the U.S. Fish
and Wildlife Service and the National Marine Fisheries Service, and at the state level by the
Florida Fish and Wildlife Conservation Commission and the Florida Department of Agriculture
and Consumer Services. FNAI produces a list of rare and endangered species, and maintains a
database of occurrences of these species in Florida.
2.5.1 Listed Plant Species
Five plant species found at the Nancy Payton Preserve are listed by the Florida Department of
Agriculture and Consumer Services (FDACS) - (1) as Endangered, (3) as Threatened, and (1) as
Commercially Exploited. There are no plant species listed as Endangered or Threatened by the
U.S. Fish and Wildlife Service or FNAI. A brief description of these species and their status is
included in Table 6 and in the following paragraphs.
Table 6: Listed Plain
Common Names
Species Detecled at the Naricv Pav
Scientific Names
loll PrescrN e
FDACS (State)
_
Stiff- leavcd wild pine
Tillandsia faaCICnlala
Endangered
Reflexed wild pine
Tillandsla batbisiana
Threatened
Bi i t —te r it y orchid
Encyclia tampensis
Commercially exploited
Threadroot orchid
Harrisella porrecta
Threatened
Giant orchid
Pteroglossaspis ecristata
Threatened
Additional listed plant species may be found at Nancy Payton Preserve following further field
surveys. Confirmation of listed plant identifications should be made by a qualified botanist.
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Stiff - leaved wild pine (Tillandsia fasciculata)
Although this air plant is abundant throughout South Florida, it
is listed by the State as endangered as they are threatened by
the Mexican Bromeliad weevil. Leaves may grow to as much
as forty inches, they form large plants in tree tops and are often
mistaken for bird or squirrel nests. They grow equally well in
canopy or near ground (NAS 2007). Several are present with
in Nancy Payton Preserve. It is also referred to as a cardinal
air plant.
Photo taken on site by: Christal Segura
Conservation Collier
Reflexed wild pine (Tillandsia balbisiana)
This air plant is abundant and occurs throughout the preserve. It is also
considered threatened by the State of Florida due to the Mexican
Bromiliad Weevil. It is equally well - adjusted to deep shade where leaves
grow long or to bright sunlight where they are contorted and highly
colored from gray -green to blue- bronze or red (NAS 2007).
Reflexed Wild Pine
Photo by Melissa Abdo
Courtesy of The Institute for Regional Conservation
Butterfly orchid (Encyclia tampensis)
This orchid is locally abundant in central and southern counties of
Florida and is commercially exploited. They grow on a wide variety of
trees including live oak, red maple, bald cypress, pop ash and pond
apple. They normally flower in June or July but may also flower at
other times of the year (Brown 2002).
Photo by Melissa Hennig
Conservation Collier
Thread root orchid (Harrisella porrecta)
This orchid is widespread in the central and southern counties
of Florida and is considered a threatened species.
Their flowering period is between August and November.
Other common names are the jingle bell orchid
or the leafless orchid (Brown 2002).
Photo by Rodger Hammer
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Giant Orchid (Pteroglossaspis ecristata)
This orchid is also listed by the State of Florida as threatened. It can be
found in the southeastern United States and although it is widespread
throughout most of Florida it is becoming increasingly rare. It grows up
from the ground similar to a grass species. It can reach 50 -170 cm tall
and flowers between August and October (Brown 2002).
Photo by Joel DiAngelis Courtesy of the South
West Florida A4 %ater Manage tile at Districi
2.5.2 Listed Wildlife Species
The Florida Natural Areas Inventory (FNAI) maintains a database of occurrences of rare,
threatened, and endangered species in Florida. Within Nancy Payton Preserve, FNAI has
documented the occurrence of the gopher tortoise and the Florida panther (Appendix 3, FNAI
Managed Area Tracking Record and Element Occurrence Summary). In addition, the FNAI
database report indicated (4) other listed species that have the potential to occur at the preserve
based on the known or predicted range of the species. These likely include the eastern indigo
snake, the wood stork (Myeteria Americana), the red- cockaded woodpecker, and the mangrove
fox squirrel (Sciurus niger avicennia). The pine flatwoods community at the site provides
habitat for all these species except the wood stork. The preserve may also provide habitat for
Florida black bear (Ursus americanus floridanus) which is listed as threatened by the State. A
brief description of the documented species and their status is included in the following
paragraphs.
Table
Common Name
7: Rare Wildlife Species Finind at Nanc3 Payton
Scientific Name
Prescric
Federal State FNAI
Red - cockaded woodpecker
Picoides borealis
E SSC
-Gopher tortoise
Go herus Polyphemus
T G3, S3
Florida Panther
Puma concolor corvi
E E G5T1,S1
Gopher tortoise (Gopherus polyphemus)
This tortoise species is listed by the State of Florida as
"Threatened ". A map has been prepared by staff showing
locations of existing Gopher tortoise burrows; however, it is
not appended to this plan to protect the animals from
disturbance. One large gopher tortoise and onejuvenile have
been observed on site and several burrows appear to be active.
The majority of the burrows are located in the area that burned
in the 2004 wildfire. A complete survey of the population will
be conducted on the site before any site alteration is done.
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(Photo by USMC)
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Red - cockaded woodpecker (Picoides borealis)
This federally protected woodpecker has been listed as endangered since
1970. Florida downgraded the species from threatened to species of special
concern in 2003. Florida hosts approximately 25% of the nation's RCW
populations. They require at least 75 acres for nesting and feeding and prefer
open Pine Forests maintained by periodic fire. A family may claim as many
as 30 trees as their home. They only nest in mature live pine trees. There was
an active cavity on the Nancy Payton Preserve until it was burned out in a
wildfire in 2004. Cavities do currently exist on adjacent properties to the
southeast and RCW's have been documented on the Nancy Payton preserve
frequently as they are currently using the site for foraging.
Florida Panther (Puma concolor corgi)
This large cat is a year -round resident of undeveloped
lands in South Florida. It is listed as endangered by the
Federal and State government. Panthers prefer hardwood
hammocks and pine forests with numerous saw
palmettos for resting, raising kittens, and stalking prey.
In 2006, a Panther was reported along Blue Sage Drive
on a property holding small goats in a fenced in area.
This panther was reported to have succeeded in killing
one or more of these small goats. Later reports from the
Florida Fish and Wildlife Conservation Commission Photo taken by an auto,natic motion
(FFWCC) indicated that this panther was most likely killed detector camera owned by Mr. sea Tsen , on
by an automobile while crossing over nearby I -75 to the Blue Sage Dr. adjacent to the Preserve
south. Neighbors along Blue Sage Drive documented another December 2007
Florida panther sighting in December 2007. The panther walked up to a pool cage, came into
contact with a large dog then retreated back into the preserve. It then made several attempts to
feed on goats on the same neighboring property; however, because the goats were locked in a
secure enclosure, the panther did not succeed. Several photos of the cat were taken at night with
a motion detector camera. In March 2007, local news reports stated a young male panther was
killed on a nearby roadway, it was most likely the same cat. FFWCC were contacted when each
sighting occurred and they provided "Living with Panther" brochures to County staff which were
in turn mailed to the preserve neighbors. Panthers are losing their habitat in South Florida and
males require a large range. Increased development and traffic are another reason why this
species is listed as endangered.
2.6 Invasive, Non - native and Problem Species
Several invasive, non - indigenous plant and animal species are known to occur within Florida. A
comprehensive list of invasive plant species is available from the Florida Exotic Pest Plant
Council (FLEPPC). Although Florida does not have an official invasive, non - indigenous animal
species list, at least 400 exotic fish and wildlife animal species have been reported, and
approximately 125 species are established.
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The wild hog (Sus scrofa) is an exotic animal that has not been
documented on the preserve but could potentially become a
nuisance. They can also be referred to as wild boar or feral pig,
and may have been introduced as early as 1539 (FFWCC
2002). According to Kevin Love, a land manager with the
Southwest Florida Water Management District, "Feral hogs are
Feral Hogs photo provided by a big problem on all conservation lands. [They are] one of the
USGS and taken by NASA most severe exotic problems facing Florida." Their favorite
food is acorns but they roam in large groups and will eat native
frogs, snakes and ground nesting birds while rooting up the ground with their snouts — destroying
acre upon acre. Virtually overnight, they can change the entire plant composition of the land by
scooping up indigenous species and clearing a path for monocultures of invasive plants. They
may weigh over 150 pounds, grow to be 5 -6 feet long and reproduce at a rapid rate. They travel
in herds containing several females and their offspring. Wild hogs occur throughout Florida in
various habitats, but prefer moist forests, swamps and pine flatwoods. They are omnivorous and
feed by rooting with their broad snouts. They may cause great damage of the understory and
leave an area looking like a plowed field (Hoppe 2006).
Armadillos are also a nuisance species but on a much smaller scale. The impact on native species
is controversial, but is potentially more significant for reptiles and amphibians on whose young
armadillos may feed. Other exotic, invasive wildlife species include the brown anole, red
imported fire ant and Cuban tree frog (Osteopilus septentrionalis).
2.6.2 Invasive and Problem Plant Species
Few invasive, exotic plants are currently present on the Nancy Payton Preserve. The initial
removal and treatment was performed in February 2007 when only 10% of the site contained
invasive, exotics. Follow up treatment will occur in the fall of 2008 and will continue on an
annual basis or as needed. All exotic plants documented on the preserve are listed in Table 8.
Seven species of exotic plants found on the site are considered Category I Invasive by FLEPPC,
two are considered Category 11 and one non - native grass (Pennisetmn polystachion) is not listed
yet by FLEPPC however, is spreading rapidly into the preserve from disturbed land to the west.
FLEPPC defines Category I plants as those that alter native plant communities by displacing
native species, changing community structures or ecological functions, or hybridizing with
natives. Category II plants have increased in abundance or frequency but have not yet altered
Florida plant communities to the extent shown by Category I species. These definitions do not
rely on the economic severity or geographic range of the problem, but on the documented
ecological damage caused (FLEPPC 2007). Treatment of these species is covered in Section 4.4,
Goal 3 and in Table 11.
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Abrus precatorius Rosary-pea, Crab-eyes I
Acacia auriculiformis
Earleaf acacia
I
Cupaniopsis anacardioides
Carrotwood
I
Lantana camara
Shrub verbena
I
Psidium guajava
Guava
I
Pteris vittata
China brake fern
II
Rhynchelytrum re ens I
Rose natal grass
I
Schinus terebinthifolius
Brazilian pepper
I
Urena lobata
Caesar's Weed
II
Pennisetum polystachim
West Indian penniseturn, mission grass
not listed
Under certain conditions, especially following hydrologic disturbance, some native plant species
can become invasive. Muscadine grapevine (Vitis rotundifolia) is currently very dense and is
growing up into the pine canopy due to lack of fire. Cabbage palms can also become invasive
when hydrology is altered and without fire. Management of these species is planned to enhance
the gopher tortoise and RCW habitat.
2.7 Forest Resources
_ No commercial forests exist, and timber extraction is not appropriate for this site. If portions of
the preserve need thinning, fire should assist in this process to thin out young pines. The total
stand basal area should not exceed 80 ft2 per acre.
2.8 Archaeological, Historical and Cultural Resources
The Nancy Payton Preserve property is not within an area of historical and archaeological
probability, and no historical or archaeological sites appear to be present on the property. The
County will notify the Division of Historical Resources immediately if evidence is found to
suggest that any archaeological or historic resources may exist. If such resources are identified
on -site, staff shall cordon off the area, and a professional survey and assessment shall be
instituted. The archaeologist shall prepare a report outlining results of the assessments and issue
recommendations to County staff about management of any sites discovered, per provisions of
the Land Development Code Section 2.2.25. This report shall be sent to the Division of
Historical Resources. The County shall cooperate fully with direction from the Division of
Historical Resources on the protection and management of archaeological and historical
resources. The management of these resources will comply with the provisions of Chapter 267,
Florida Statutes, specifically Sections 267.061 2 (a) and (b).
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3.0 Use of the Property
3.1 Previous and Current Use
Aerial photography taken in 1940 and 1962 (Figures 7 and 8) and recent visits to the site show
that there has been no previous development on this property. These aerial photographs are
available at the Collier County Property Appraisers office and the Collier Soil and Water
Conservation District office. The 1940's aerial indicates that no development had occurred yet
in the area. The 1962 aerial shows that the Golden Gate canal system had been created to the
north and had been started to the east. This hydrologically altered the site.
Figure 7. 1940's aerial photo before any development in the area. Aerial provided by the Collier
Soil and Water Conservation District.
Parcel location and size is only an estimate as aerial photograph did not provide scale.
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Figure 8: 1962 Aerial Photo- The preserve land remains vegetated and undeveloped. A dirt road
cuts through the center of the property and a canal system has been built to the north and has been started
to the west (shape of Nancy Payton Preserve is only an estimate of location and size).
3.2 Planned Uses and Assessment of their Impacts
Currently, the site is not officially open to the public for recreational use. Occasional
researchers, contractors and bird surveyors visit the property after signing access waivers. The
only way to access the site at this time is off of Blue Sage Drive which is a private unpaved road.
Future planned uses include passive recreational opportunities for the public. Details of planned
uses for the Nancy Payton Preserve and assessment of their potential impacts are provided in the
following sections.
3.2.1 Identification of Public Uses Consistent with Preservation, Enhancement, Restoration,
Conservation and Maintenance of the Resources.
As defined in Ordinance 2002 -63, as amended, Section 5.9 the following are uses consistent with
the sites classification.
• Hiking: Consistent with the nature of the site and its purpose
• Nature Photography: There is potential for nature photography of wildlife and plant
life
• Bird Watching: There is great potential for bird watching on this site specifically for
several different species of woodpecker.
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3.2.2 Planned Public Uses and Assessment of their Impacts
Trail Network — Trails will be established throughout most of the property to allow for hiking
and nature observation within the preserve (Figure 13). The northernmost segment of the trail
will need to be located far enough south to avoid the SFWMD easement and the potential
roadway that may be constructed along the northern property boundary. This roadway is not in
the Collier County immediate transportation plan. It is included in the long range 2030 plan.
Some trails already exist due to fire line creation during the wildfire in late 2004 and on -going
trespass and off road vehicle (ORV) use. Future trails can follow new fire breaks that will be
created and maintained. Established trails will need to be maintained and monitored to ensure
that the public stay on them and no new trails are being made. Clearing the trails of fallen trees
and debris and creating new trails may also enable and increase the illegal use of all terrain
vehicles (ATVs) and dirt bikes on the property. See Security Management section 4.0 Goal 1 for
more detail. Local birding groups may frequent the preserve and County staff may provide
quarterly public tours of the site. Local schools may also use the site for nature based field trips.
Easements, Concessions and Leases (See Figure 9 and Appendix t for all references below) A
30 foot wide public ingress /egress easement exists on Brantley Blvd. from 23rd Street SW to
Blue Sage Drive. The 30 foot wide easement continues north on Blue Sage Drive from Brantley
Blvd. to the southern edge of tract 10 where there is currently an active agricultural citrus
operation. The access easement then extends east 250 feet and continues north to the canal
between tracts 9 and 10. The easement expands from 30 feet to 60 feet wide 350 feet north of
the southern boundaries of tracts 9 and 10. Although this easement runs directly through a
section of Nancy Payton Preserve that is adjacent to Blue Sage Dr, staff sees no reason to clear
the casement. A previously cleared 20 foot wide east/west easement already exists within the
southern portion of the two adjacent Kaye Homes Parcels which the County is scheduled to
acquire in 2008.
Another 30 foot wide east/west access easement runs along the south side of three undeveloped
parcels located adjacent to the northwest corner of the Hideout Golf Course. This easement
extends 500 feet east from Blue Sage Dr. to the south -west corner of the preserve.
The South Florida Water Management District (SFWMD or District) owns a drainage easement
that extends 30 feet east from the top of the eastern Golden Gate Canal bank. This currently may
encompass portions of Blue Sage Drive. Another SFWMD drainage easement also exists along
the northern property boundary and extends at least 30 feet south from the top of the southern
Golden Gate Canal bank. These drainage easements are a total of 150 feet wide and are recorded
over the properties that exist along the north and west sides of the canal. County staff will work
with the SFWMD to comply with any current easement requirements. The District has advised
County Staff that in the future, Blue Sage Drive may need to be relocated outside of the SFWMD
easement. If the County or neighbors along Blue Sage wish to improve the current state of this
private road, it may need to be relocated unless another option can be resolved. Currently, the
SFWMD has given the County permission to access the preserve for management purposes via
Blue Sage Drive using their easement.
In accordance with the management goals of the preserve, no additional future easements,
concessions, or leases are appropriate in association with this site, other than conservation related
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easements. Due to the easements present, there exists the potential of the requirement to grant
neighboring properties access in the future; however, Blue Sage Drive runs the entire length of
the property north and south and is currently what each existing resident uses to access their
individual properties. It may be desirable in the future to request permission from neighboring
property owners to vacate the easements that run through the center of their properties and
relocate them out to Blue Sage Drive to continue the 30 foot ingress /egress easement north from
the southern edge of tract 10 to the end of the road. Future access options are discussed in
Section 4.0, Goal 8.
Parking / Handicap Facilities- A permanent parking area will be installed in the future when a
final public access route is determined. Parking spaces will be ADA compliant and will connect
to an Americans with Disabilities Act (ADA) compliant trail which will lead to an accessible
picnic area inside the preserve. Three possible locations are shown on Figure 13 (only one will
be chosen).
Landscaping — There may be minimal native landscaping installed around the future parking
area. Natural area restoration of the preserve should include only site specific native plant
material that has been determined to be non - problematic to the site and whenever possible, site
specific seed sources should be utilized. In addition, hardwoods that may invade the natural
areas should not be planted.
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3.4 Adjacent Land Uses - Currently surrounding the preserve are a small number of single
family homes, a canal, a private golf course and vacant undisturbed land.
3.5 Prospective Land Acquisitions
Several surrounding properties are prospects for acquisition (Figure 9). Acquiring any additional
properties would further conservation efforts by expanding pine flatwoods habitat and therefore
critical RCW habitat. Letters were sent out to several of the surrounding property owners in
2006 and 2007 with responses from only a few owners' of the smaller parcels west of the
preserve. See Appendix 4 for a list of (34) prospective properties, acreage, current ownership,
and the reason for interest in acquisition. Since this list is quite extensive and for management
practicality the parcels that are immediately adjacent to the preserve should be pursued and
acquired first then acquisition should expand out accordingly.
There is currently a settlement agreement in litigation between the Florida Department of
Community Affairs (DCA), Florida Audubon, Florida Wildlife Federation and landowners to the
east and south of the preserve. The landowners and their attorneys are proposing to obtain
approval to cluster development and to alter their allowed zoning density. This would mean that
the landowners would be allowed to develop 20% of their properties and preserve 80% while
entering into a Safe Harbor Agreement with the U.S. Fish and Wildlife Service. There is
potential that this 80% (140+ acres) or a portion thereof would be conveyed to Conservation
Collier and incorporated into the Nancy Payton Preserve.
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September 23, 2008
MWA of 144
Properties Recommended for Acquisition
Adjacent to the Nancy Payton Preserve
Aw inrw ww <.wu h..v h�nw�.Yw ..r.
kd,u~ Co erC'ount
rw+axo m. •,..�...w.r+wrr r.r'wsws.+ -w y!
Figure 10: Potential Properties Recommended for Future Acquisition
Conservation Collier Program 26
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3.6 Analysis of Multiple -Use Potential
Table 9: Analysis of Multiple-Use Potential
Activity
A t rover)
Conditiona
I Rejected
Protection of endangered and threatened species
Y
L!msystem mamienance
Y
Snil and wal�r conscrration
}�
Ihioting
N
Pishin'
N
Wildlife uhscrvulion
Y
I liking
Y
Fficwhilp
Y
I Imseback riding
Y
ILnber harvest
N
Cattle erazme
N
Camping
N
A niaries
N
Linear Jacilitics
N
Off road vehicle use
N
I %aviromrnetttal education
Y
Ca icultureor otheragriculture
N
Preservation of archeolo gical and historical sites
Y
(Other ue'es as determined on an mdividua hasts)
3.7 Proposed Single - or Multiple - Use Management
Management of this parcel for public use will focus on maintenance of the trail, signage, and
picnic at-ca. All of the uses are restricted to those consistent with conservation of plants, animals,
any historical /archaeological features, and passive enjoyment of these resources by visitors,
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4.0 Future Use of the Nancy Payton Preserve including Management Issues,
Goals and Objectives
This section describes the main management issues, goals, and objectives for Nancy Payton
Preserve as well as the overall management framework. Central to the management of the
Preserve is the mission of the Conservation Collier Program, and the goals and objectives set
forth in this management plan.
4.1 Management Plan Framework
Each property purchased by Conservation Collier shall have its own management plan. At the
time the property was purchased, the Conservation Collier Ordinance required that an "Interim"
Management Plan be developed within 60 days of closing. Interim plans include basic items
such as removal of invasive exotics and trash, establishing site security, developing management
partnerships and planning for public access. The interim plan for this site was officially
approved in January 2006. The ordinance then requires a "Final" management plan be
developed within two years. Subsequently, the property management plan must be updated
every five years. Final management plans, however, are considered living documents and can be
updated at any time. Review of all management plans start in the Lands Evaluation and
Management Subcommittee and must be approved by both the CCLAAC and the BCC.
4.1.1 Preserve Manager: Contact Information
The Site Manager for Nancy Payton Preserve will be a designated Collier County Environmental
Specialist who can be contacted through electronic mail: ConservationCo llier@Colliereov.net.
4.1.3 Preserve Rules and Regulations
No dumping, use of unauthorized vehicles, or removal or destruction of any natural or
historical /archaeological resources shall be permitted within the preserve. The goal is to allow
limited, non - destructive public access to maintain natural resource habitat and native plant
communities and animal species.
4.2 Desired Future Conditions
This section includes a description of the proposed future condition for the site's natural areas.
Management techniques to achieve these conditions are listed in the following sections.
After management goals are met, Nancy Payton Preserve will consist of a well maintained pine
flatwoods habitat. The canopy will be comprised of slash pine trees. Mid -story will be
maintained in an open state and will also continue to consist of scattered natives including: wild
coffee and smooth sumac. Groundcover will remain native and will include: saw palmetto at
heights of less than 3 feet, muscadine grape, swamp fern, grasses and herbs. Prescribed burns
will be conducted on a 3 -5 year cycle to keep saw palmettos low and hardwoods and palm cover
sparse ( <25 %), allowing for a diverse and dense herb layer.
Management of the preserve will also improve habitat and productivity for the endangered RCW
and state listed gopher tortoise. RCW's and gopher tortoises act as umbrella species for other
suited wildlife species that thrive in well managed pine flatwoods habitats. Artificial RCW
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cavities may be installed in suitable areas after the first controlled burn to attempt to expand the
range of existing neighboring populations. Staff would also welcome the opportunity to become
a donor / relocation site for RCW's. In the wildfire areas, after the replanting of slash pine, the
canopy will eventually be restored to no greater than 60 %v canopy cover. This will also continue
to facilitate appropriate habitat for gopher tortoises.
4.3 Major Accomplishments during previous years
Accomplishment
Yeartsl
Initial removal of invasive, exotic vegetation
2607
Posting Property with no trespassing signs every 500 feet
2007
Floristic Survey completed
2008
Final Management Plan Completed
2008
Safe Harbor Agreement with IJSFWS
2008
4.4 Goals and Objectives for 10 year period
A set of goals and objectives for the Nancy Payton Preserve were developed in conjunction with
the drafting of this Management Plan. The goals and objectives in this plan are tailored
specifically for the Nancy Payton Preserve, based on the purposes for which the lands were
acquired, the condition of the resources present, and management issues for the property. On-
site managers should be familiar with the entire Management Plan. Goals and objectives from
the interim management plan for the Nancy Payton Preserve were reviewed to determine if they
remain meaningful and practical and if so were carried over into this plan. The goals and
objectives presented here reflect programmatic goals and ideas of Conservation Collier personnel
in charge of managing and protecting the area. These goals shall not be modified, but specific
application of management techniques may take into consideration input by user groups and
other stakeholders from outside the program, accommodating user needs and desires where
practicable and where overarching management goals are not violated.
Management issues are discussed below in separate sections. Within each section, approaches for
dealing with these issues are described. The ability to implement the specific goals and
objectives identified in this plan is dependent upon the availability of funding resources. The
following goals have been identified for the Nancy Payton Preserve:
Goal 1: Eliminate or reduce human impacts to indigenous plant and animal life
Goal 2: Implement a biological monitoring program.
Goal 3: Continue to keep populations of invasive, exotic plants in maintenance state
Goal 4: Create and implement a prescribed fire program
Goal 5: Restore canopy and ground cover species in specific areas
Goal 6: Native wildlife species management
Goal 7: Problem wildlife species management
Goal 8: Develop and implement a plan for public use
Goal 9: Facilitate uses of the site for educational purposes
Goal 10: Officially open preserve for public access
Goal 11: Provide a plan for disaster preparedness
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GOAL 1: Eliminate or reduce human impacts to indigenous plant and animal life
The site is currently being illegally utilized by citizens on off road vehicles (ORV's) and
potentially for poaching deer. In order to provide for the safety of those who will be
lawfully using this site for passive recreation and research, and to ensure that the
programs of ecological preservation and restoration can take place unabated, strong
security measures will be put into place.
Action Item 1.1 Prohibit unauthorized vehicle use in the preserve / Security management
Staff will continue to maintain the site as legally posted. Currently "No Trespassing -
Collier County" signs are posted every 500 feet or less and at every comer of the
property. Conservation Collier signs also exist in two of the trailhead areas with
additional signage stating "authorized vehicular use only ". This fulfills our legal posting
requirement. If signs are removed or vandalized, they will be fixed and replaced as
needed. They may need to be stabilized with concrete if they continue to be removed.
Staff will continue to work with enforcement agencies such as the Collier County
Sheriffs Department Agriculture Division and FFWCC to enforce trespassing by
citizens on off -road vehicles and poachers. One warning will be given by the Sheriffs
office officers, then violators will be arrested. If anyone is caught poaching on the
property or in possession of a firearm, they will automatically be arrested and taken to
jail. Staff has received approval from the BCC to sign Sheriff s Department affidavits to
press charges as needed. Staff will also continue to stay in contact with preserve
neighbors for trespassing updates. Fences (field fence) and or gates will be installed
around the perimeter or portions of it as a last resort.
Action Item 1.2 Identify locations of rare and listed native plant and animal species.
The location of rare listed plant species will be identified using a global positioning
system (GPS) device and mapped to allow staff to monitor them. Public trails will be
constructed to avoid areas where rare and listed species exist. Actual and potential
locations of resident animal life will also be identified and documented and steps will be
taken to construct visitor amenities away from animal nesting sites.
Action Item 1.3 Monitor public access
Once the site is opened up for public access, visitors will be encouraged to stay on
established trails. Staff will frequent the site to conduct inspections and will coordinate
with visiting children's groups to educate them on the importance of protecting this
natural resource. Well- mannered dogs will be allowed in the preserve on leash only.
Pick -up bags will be provided at trail heads. If problems start to occur, this privilege will
no longer be allowed.
Action Item 1.4 Enforce regulations prohibiting trash in or near the preserve.
Staff will monitor the trails on a regular basis and if excessive dumping or littering start
to occur, enforcement actions will be sought through the County Sheriff's Department.
Garbage cans will be present at the parking area and picnic area to provide a place
for visitors to place their refuse and to attempt to prevent littering.
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Action Item 1.5 Discourage visitation to the park at night.
A sign designating park hours as dawn to dusk will be installed at the entrance to the
preserve and adjacent landowners will be given an emergency phone number if they
detect human activity on the preserve after hours. If problems arise, the Collier County
Sheriff's Office will be contacted to patrol the area and preserve on a routine basis.
GOAL 2: Implement a biological monitoring program
Action Item 2.1 Set up permanent photo points throughout the preserve. Locations of
photo points have been recorded with a GPS and all photographs taken at these
locations were taken at a standard height and angle of view. During photo
documentations, one photo is taken in each of the cardinal directions (north, east,
south and west) and a 360- degree panoramic photo is taken. These photos will help to
monitor exotic removal and native plant recruitment over time. If necessary, more
photo points will be established to aid in management decision activities. Before and
after each prescribed burn, photos will be taken at each photo point station with a
vegetation profile board in each photo.
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Figure 11. Photo Point Locations at Nancy Payton
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Action Item 2.2 Establish long -term vegetation monitoring
Long -term management of the preserve should be based on biological data. Changes
following baseline conditions should be assessed as negative or positive, and
management strategies changed appropriately. This section discusses information needs
and long -term monitoring needs.
Keith Bradley from the Institute for Regional Conservation (IRC) was contracted to
conduct a thorough floristic inventory of the Nancy Payton Preserve. The initial survey
was conducted in April of 2008 (See appendix 2). The second half of the survey was
completed in August 2008; the comprehensive results of this survey have been included
in this plan (Appendix 2). Mr. Bradley's findings along with those of Conservation
Collier staff will comprise the baseline floristic data on which future actions will be
based. The site should be inspected by Conservation Collier Staff at least twice a year
and thoroughly inventoried at regular intervals (ca. 5 -10 years) to detect new invasions
(by natives or exotics) and extinctions. Areas undergoing extreme restoration should be
assessed more frequently. Eventually, permanent vegetation monitoring plots will be
established. A sampling design should be established to detect changes in species
composition and structure. These plots should be sampled several times a year to
determine trends, especially where management is taking place to monitor changes in
species variety and percent cover.
Action Item 2.3 Establish long -term wildlife monitoring
While some wildlife data has been collected, additional baseline data should also be
collected, especially on invertebrates, small mammals, reptiles, and amphibians. The site
manager may contract this work out or enlist the assistance of local educators to
coordinate student research projects. Wildlife and plant sampling, should take place at
regular intervals (ca. 5 -10 years) to detect long -term trends.
After the first prescribed burn, artificial RCW cavities may be installed. These will be
monitored on a regular basis to determine success. If the birds do move back to the
preserve, a more intense monitoring system will be established with the assistance of
FFWCC.
In the long -term, staff may attempt to partner with Florida Audubon and FFWCC on
setting up a RCW web camera if the birds eventually move back into this preserve. This
will allow the County, all interested agencies, and Collier County school children to
remotely view a nest cavity. Grants could be sought to help to cover the costs of the
project as an educational and research based tool.
GOAL 3: Continue to keep populations of invasive exotic plants in maintenance state
The control of invasive, exotic species is critical for the preservation of the Nancy Payton
Preserve's natural community. Minimal invasive species are present in the Preserve
many of which were eliminated after the initial treatment. However, for the plants that
will continue to need treatment and that will invade, the following treatment methods
should be followed.
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Action Item 3.1: Monitor site for new exotic invasions and treat accordingly
Staff will continue to inspect and treat all areas of the site for new invasive exotic growth
or invaders. Approved Collier County contractors will be hired to remove any invasive
exotics on an annual basis or if only a small amount exists, in -house removal and /or
treatment will be conducted. Small seedlings should be pulled by hand to avoid
unnecessary herbicide application. Contactors or staff will chemically treat in place or
cut and treat all shrub and tree -like species on the FLEPPC Category I or 11 list as well as
identified nuisance weedy species. Specific methods should be done according to the
recommended control column in Table 11, unless new treatments are discovered that
work well and do not cause non - target damage. Extreme care should be used to avoid
any non - target damage, near sensitive natives, native seedlings and mature pine trees.
The use of imazapyr containing herbicides should be avoided on site.
Action Item 3.2 Conduct initial exotic removal on any newly acquired properties
purchased adiacent to the nreserve as soon as nocsihle after rincino
Fable 11: Invasive, Exotic Plant Species Control Plan for the Nanc� Paytou
Acacia auriculiformis Earleaf acacia Hand pull seedlings, basal bark application of 10% Garton
4 or cut-stump treatment with 50% Garton 3A.
Hand pull seedlings. Cut-stump treatment with 50% Garlon
3A, 10% Garton 4 or a basal bark application of 10%
Garton 4. Foliar application of Garton 4, Garton 3A,
Schinus
Brazilian pP e er
P
Roundup Pro, Roundup Super Concentrate, or Rodeo,
terebinthdolius
according label directions may be used where appropriate.
Glyphosate products are less effective when used alone in
spring and early summer. Use Rodeo where plants are
growing in aquatic sites.
Psidium guajava
Mango
10 % Garlon 4 in carrier oil
Hand pull seedlings, basal bark application of 100%
Cupaniopsis
Pathfinder B, or 10 % -20% Garlon 4 diluted with oil; or cut
anacardioides
Carrotwood
stump application of 10% Garlon 3A, 100% Brush- B -Gon,
100% Roundup Pro, 100% Rodeo, or equivalent glyphosate
containing product, or 100% Pathfinder II.
Abrus precatorius
Rosary -pea, Crab -eyes
Cut stem or basal bark and treat with 10% Garton 4. Site
must be revisited freguently to pull seedlings.
Lantana Camara
Shrub verbena
Basal application with 10% Garlon 4 or cut stump treatment
with Garlon 3A or 10% Garlon 4.
Rhynchelytrum repens
Rose natal grass
Foliar -2.5% glyphosate mixed in water with non -ionic
surfactant, treat ins ring prior to seed set
Pteris vittata
China brake fern
Foliar treat with 2 -3% Glyphosate or Garlon 3A
Hand pull seedlings, Foliar treatment with 2 -5% Glyphosate
Urena lobata
Caesar's Weed
in water can be sprayed on young plants. Its best to treat in
the spring or summer prior to seed maturation. Responds
aggressively to fire
Foliar- 1 -3% gtyphosate. If natives surrounding, cut plants
Pennisetum
West Indian pennisetum,
to ground level and spray with 5% gtyphosate when it re-
polystachion
mission grass
grows to 8 -12 feet Remove cut stems from site. Responds
a ressivel to fre- rc -treat growth soon after fire
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GOAL 4: Create and implement a prescribed fire program
The use of prescribed fire as a management tool will be critical to the long -term health of
the natural habitat and native species at the Nancy Payton Preserve. Pine Flatwoods
communities require periodic fires. If pine flatwoods areas such as this go without fire
for too many years, fuels build up and wildfires can occur. In late 2004, a wildfire did
occur on this property. Approximately 14 acres were burned and the fire was suppressed
by the Department of Forestry (DOF) (Figure 12). The high temperature of the fire
combined with unfavorable weather conditions resulted in approximately 90% mortality
of the pine trees in the burned area. A controlled burn is planned for the entire property
as soon as weather and proper conditions allow in late Fall / Early Winter of 2008.
Burning at this time of the year is safest and is necessary to reduce fuel loads before
switching to growing season burning. A subsequent controlled burn should occur in 2 -3
years (2010 - 2011). This will create desirable effects on native ground cover and will
further reduce hardwoods and undesirable vegetation. Following a potential growing
season burn, the site should be burned in 3 -5 year increments. DOE will likely conduct
the first prescribed burn on the property. This will be in conjunction with the Golden
Gate Fire Department to protect the surrounding structures if needed.
Prtseribed Fire
Fw" Ftt @stab
WWi WN0. t,.,
Figure 12. Prescribed Fire Map -Fire Breaks and Previous Wildfire Areas
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Action Items 4.1: Create a Prescribed Burn Plan
The preserve land manager with DOF assistance will create a fire management plan and
may coordinate with other local qualified agencies for review and approval. A burn plan
shall include the following key elements: purpose and measurable objectives, description
of the burn unit, map of the burn unit, weather factors, safety concerns, fuel conditions,
season and time of day, smoke screening, publicity, legal requirements, firing plan,
equipment and personnel, contingencies, control and mop -up, declaring the fire out and
evaluation and monitoring. An example prescribed burn plan for this preserve is in
Appendix 5 of this plan.
Action Item 4.2 Establish Burn Units and Install Perimeter Fire Lines / Obtain Permits
This entire preserve could be burned in one day if weather conditions permit. If timing,
smoke issues or weather hinder this, the preserve could be divided up into smaller units.
Before clearing any vegetation, permits must be received from the Collier County
Community Development and Environmental Services Department. A gopher tortoise
and updated RCW survey will be done prior to any vegetation clearing or reduction. Fire
lines will be installed utilizing best management practices to minimize impacts to mature
trees, habitat and wildlife populations. Fire breaks will be disked or mulched down to
soil and will go around all mature pine trees; they will be a maximum of 8 -10 feet wide.
No lines will need to be cleared along the northern property line as the canal road and
canal already exist. An estimated 6,000 linear feet or 48,000 square feet of fire lines
_ around the perimeter will need to be installed. In total, an estimated 2 acres or less of
mid - story /understory will need to be impacted or cleared to create these fire lines (Figure
12).
Action Item 4.3: Reduce and control hardwood basal area and mid -story vegetation in
occupied and potentially suitable RCW and gopher tortoise habitat
Action Item 4.3a: Map and plan areas to reduce mid -story vegetation
Goals will be to mechanically or manually reduce cabbage palms to approximately 4 per
acre and within 100 feet of potential or active cavity trees before any controlled burn.
Saw palmetto greater than 3 feet in height or that surround potential or active cavity trees
should be reduced before any controlled burn. These areas will need to be mapped, with
acreage calculated to obtain appropriate County permits before conducting any of the
above mentioned activities. The mapping of these areas may be contracted out to an
appropriate County approved environmental contractor. This reduction activity shall be
conducted no later than one month prior to a scheduled prescribed burn to allow the
debris to dry out. The debris can be spread out in open areas to assist in carrying the fire.
A machine called a Posi -trac may be used to conduct the reduction. This is a small
tracked vehicle that can raise or lower the level to reduce the vegetation. Extra care will
be taken to ensure that this vehicle does not get too close to any mature pine trees during
this process. Any vegetation within the drip line of mature pine trees will be reduced by
hand.
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Action Item 4.3b: Cut and pull vines down out of canopy trees
Vines that extend into the canopy of trees in the preserve will need to be removed before
any prescribed burns to prevent the fire from traveling up into the canopy. Also, this will
prevent enabling predators, such as snakes, into current or future RCW cavities. The
Sheriff's Department weekend work crews have been utilized in the past to accomplish
this task and will be utilized again to accomplish this action item in the future. A
contractor may also be hired to Cut the vines back throughout the preserve.
Action Item 4.4 Hold Pre -Fire Public Meetings and Notify Surrounding Community
Public meeting(s) will be held before each burn and a system of notifying neighboring
landowners in advance of prescribed burns will be established (via door postings, email,
phone trees, etc.) this system will be executed before each prescribed fire. A press
release will also be sent out to notify the newspaper, radio and news channels.
Information will also be provided to our County Manager, County Commissioners and
local fire departments prior to any burns.
Staff will work with the County Comprehensive Planning department to discuss where
we need our smoke to go for our future prescribed burns on the preserve. This will
hopefully influence where future development is planned or will encourage "Fire Wise
Communities" to be considered or required.
Action Item 4.5 Conduct the prescribed burn, mop -up and declare Ere out
Due to lack of County staff qualified to perform a prescribed burn, the County will seek
assistance from one or more of the following agencies: DOF, Florida State Parks Service
Personnel, Lee County, FFWCC and the Florida Panther National Wildlife Refuge. We
will need to utilize their equipment and staff time to conduct the burn and mop up until
the fire is officially declared out. A certified burn manager shall be present on site during
the entire burn. The Department of Forestry has indicated to County staff that the
creation of fire lines and conducting the burn could be considered "Urban Fire
Mitigation' and therefore they could contribute toward the cost of the burn. Staff will
coordinate with the Golden Gate Fire Department to ensure they are stationed at the
surrounding residential structures during the entire duration of the burn.
Action Item 4.6 Conduct pre- and post -burn monitoring and evaluation to assess fire
effects and timing
Photo points will be conducted as per Goal 2, Action Item 2.1. Protocols for monitoring
fire effects on soil, water, air, vegetation and wildlife should be included in site burn
plans. Fuel loads, wildlife observations, wildlife surveys, vegetation survey and soil and
duff conditions should be recorded before the burn. A comprehensive evaluation of
every burn must be conducted. The first monitoring/field evaluation should take place
within 2 weeks after burn completion to record any needle scorch before any needles fall.
The second evaluation should be made during or after the first post fire growing season to
get a good assessment of vegetative response (USDA 1989).
Action Item 4.7 Explore the use of alternatives to fire
Overgrown management areas in between houses where prescribed burning appears
impossible to achieve shall be mechanically or manually reduced to prevent wildfire.
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Methods will be explored that will inflict the least amount of disturbance to these areas.
The entire site could be mechanically reduced every 3 -5 years however; the biological
benefits to the habitat gained through fire would far outweigh this alternative. The
constant use of machinery would also harm the root systems of the mature pine trees and
would most likely cause decline. The debris would have to be hauled off site or mulched
and spread out, otherwise it would build up and the fuel load reduction goal would not be
successful.
GOAL 5: Restore canopy and ground cover species in specific areas
Action Item 5.1 Plant supplemental canopy trees
The two areas on the property that burned in a wildfire in 2004 experienced
approximately 90 -95% pine mortality. After the initial prescribed burn, south Florida
slash pine trees (Pinus elliottii var. densa) will be planted at the start of the 2009 rainy
season and again in 2010 depending on survivability. Due to the presence of gopher
tortoise and their need for a ground cover food source, the goal will be to aim for a
recovery of no more than 60% canopy cover in both areas.
Action Item 5.2 Plant supplemental ground cover species
After a burn regime is established, vegetation monitoring will take place. If forage
species for gopher tortoise is determined to be inadequate, supplemental ground cover
species will be planted.
Action Item 5.3 Monitor and treat new invasive, exotic species that may occur post -fire
and in fire breaks to prevent them from hindering native recruitment and regrowth
GOAL 6: Native wildlife species management
Management of native animal species at the Nancy Payton Preserve should correspond
with the management goals of the pine flatwood community. Maintenance of viable
populations of native animal species should be conducted by implementing management
measures that maintain the viability of the natural habitat.
The Nancy Payton Preserve should be managed to provide adequate habitat for listed
species found on or near the site. Some management recommendations for state and
federally listed plant and animal species found on the preserve are listed below. General
management for all listed species would be consistent with general vegetation
management recommendations, exotic species control -Goal 3, and fire management -
Goal 5.
Action Item 6.1 Establish Red - Cockaded Woodpecker management guidelines
County staff has been working with the FFWCC to enter into a Safe Harbor Agreement with
the U.S. Fish and Wildlife Service (Appendix 6). This agreement is generally for landowners
who wish to develop their property which may contain RCWs. This allows them to establish
baseline level responsibilities for protecting RCWs while allowing incidental takings for any
new colonizers that may come into their property after the fact. Conservation Collier is in no
way interested in this aspect of the agreement. However, by entering into the agreement, we
would be able to gain technical management assistance from FFWCC and USFWS in regard
to protecting the species. This will also hold our program accountable for the continued
Conservation Collier Program 37
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proper management for the species and other listed species. FFWCC also provides
information on cost -share programs to offset the cost of necessary land management actions
that the program may benefit from.
The initial survey conducted in June 2006, indicated there are no active cavities on the
preserve. An updated survey will be required prior to entering into the official agreement. A
cluster of apparently active cavity trees exists in close proximity to the preserve. According
to the national recovery plan for RCWs and the Safe Harbor Agreement, "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 or that RCW cluster... that
portion of the foraging habitat will be incorporated into the Property Owner's baseline." A
one -half -mile circular buffer around the neighboring RCW cluster encompasses the entire
Nancy Payton Preserve. Therefore, our Safe Harbor Agreement will reflect our commitment
to maintaining this habitat. RCWs require an open mid - story. Due to lack of fire in the
majority of the site, the mid -story and ground cover vines are growing at a rapid rate. This
overgrowth needs to be reduced as soon as possible to prevent another potential wildfire and
to increase potential habitat for RCWs.
If the Green Boulevard extension were to be built (part of the Department of Transportation's
long range 2030 plan), it would not necessarily create a conflict with the Safe Harbor
Agreement. To stay in compliance with the Safe Harbor Agreement, no artificial cavities
with be placed in the general vicinity of the future roadway. Since the road is being proposed
for 2030, we may be able to enter into a 20 year Safe Harbor Agreement and when it expires,
if the County feels it would be beneficial to continue, it could be extended.
Additional conservation benefits to be gained would be to manage our site to the degree that
it can become a suitable recipient site for translocated birds. Artificial cavities will be
installed after the first prescribed burn on the site. This agreement would also foster public
support for RCW conservation and endangered species management. It will demonstrate
government agency sensitivity, cooperativeness and flexibility.
The Safe Harbor Agreement includes all management goals already listed in this plan. It is a
voluntary program and the County may cancel the agreement at any time with 60 days'
notice. The general agreement is included in this plan as Appendix 6, however additional
attachments are not included and will be drawn up to outline specific management
responsibilities based on the yet to be confirmed baseline. This full agreement will need to
be reviewed and accepted by the CCLAAC and then would need to be approved and signed
by the BCC to become official.
Action Item 6.2 Monitor Gopher Tortoise Population
Another main priority shall be the management and inventory of the gopher tortoise
population. Eight gopher tortoise burrows have been located in the preserve. The
burrows have been GPS located and mapped. Mature tortoises have observed in 2004
and 2008 and another juvenile was observed in 2007. All of the burrows appear to be
active. Several also exist on an adjacent parcel not owned by the County. A gopher
tortoise survey will be conducted on site before any fire lines or fuel reduction measures
take place. Once a controlled bum is conducted on the preserve site, an additional
comprehensive survey will be done to verify the estimated population. This will allow
staff to determine if it is appropriate for the Nancy Payton Preserve to become a gopher
Conservation Collier Program 38
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land Mana e 7 of 144
tortoise relocation site. If the site is deemed acceptable, staff will pursue all actions
necessary to become recognized as a relocation site with the FFWCC. FFWCC
guidelines for management identify a viable gopher tortoise population as consisting of
40-50 individuals requiring 25 -50 acres of appropriate habitat. Eliminating illegal access
by ORV would also ensure that tortoises are protected from collisions and burrow
collapses.
Other priorities shall be to monitor the occurrence of the eastern indigo snake and the
gopher frog. Managing the preserve for the benefit of the gopher tortoise will also
benefit these potentially present species.
GOAL 7: Problem wildlife species management
Indigenous and non - native vertebrate and invertebrate species may become pests under
certain conditions. Control of indigenous pest species is recommended if they interfere
with management goals.
Action Item 7.1 Acquire services of licensed or qualified contractors for the removal of
invasive exotic or problematic animal species
Wild hogs have not been observed on the preserve, however, if they become a nuisance,
they will be trapped using pens with trap doors and baited with acorns or old corn
( FFWCC). A contractor would most likely be hired to accomplish this if the need arises.
They may be hunted in other areas of the County that are designated wildlife
management areas however, his will be strongly prohibited on the preserve. Total
exclusion of hogs is not usually possible. However, as soon as the first hog is observed
trappers will be contacted.
To date, three (3) introduced animal species have been documented on the Nancy Payton
Preserve, the red imported fire ant, armadillo and the brown anole. It is doubtful that the
total eradication of these species can be achieved. However, staff and /or contractors
should take measures to remove fire ant populations close to or on public access trails.
If feral cat colonies are found near the preserve, the element that sustains an undesirable
population should be identified and efforts made to ask property owners to control (i.e.,
refuse bins, dumpsters, and supplementary feeding by humans). Traps may also be set if
other methods are unsuccessful. A similar approach shall be taken to control feral dog
populations, through elimination of the elements that sustain their undesirable population.
GOAL 8: Develop and implement a plan for public use
Action Item 8.1: Establish Permanent Public Access Route to the Preserve
Several options are presented below, in no particular order of priority, to establish a
permanent public access route. The best of these options will be determined by working
with the County Transportation Department, SFWMD and property owners adjacent to
the preserve. For all options below see Figures 9 and 13.
Conservation
Item # 16E8
September 23, 2008
Nancv Payton Preserve Land lvtana Cen7 MOVA8 of 144
Option One - The public would access the preserve via 23rd St. SW, east on Brantley
Blvd. and north on Blue Sage Drive to the northernmost access point (Figure 13).
This would be created on the westernmost Kaye Homes Parcel (Folio #
61730960006) once acquired. This option however, would require the County to
improve Blue Sage Drive (4,800 feet) and the SFWMD would require Blue Sage
Drive to be relocated outside of their drainage easement. The drainage easement is
recorded over properties to the west of the canal which extend over to Blue Sage
Drive. The County Transportation Department has stated that Blue Sage Dr. may
then need to be widened to 60 feet from the easternmost boundary of the SFWMD
easement to comply with drainage requirements and requirements for public access to
pubic lands. This option could possibly displace two homes and would cut into
several other properties including the Hideout Golf Course. This is not a favorable
option for Conservation Collier. More research will need to be done on this option as
it appears that it would be extremely difficult and expensive to achieve.
Option Two- The public would access the site the same way as in option one only the
access point would be located farther south on Blue Sage Drive. We would first
need to purchase the Murphy property (Folio #61731240000) along Blue Sage Drive.
We would then need to either acquire two parcels owned by the Hideout Golf Course
or obtain access to our property via the ingress /egress easement present in the
southern portion of the two eastern adjacent parcels currently owned by Hideout Golf
Course. A small parking lot could be created on the Murphy property with a
pedestrian access only trail through the adjacent eastern parcels leading into the
preserve. Blue Sage Drive would then need to be improved from Brantley Blvd north
to that point with the same requirements listed in Option One. This option would
only require improvements on half the distance (2,800 feet) on Blue Sage Drive.
However, this may cut into the Hideout Golf Course Property.
Option Three- When the preserve was purchased in 2005, the Collier County
Transportation Department's Five year plan incorporated an extension of Green
Boulevard to 16'h Ave SE. This would have cut into the entire northern portion of the
preserve but would also have been the main access point to the preserve. Since then,
the extension has been removed from the County's five year plan and moved to the
Long Term 2030 plan. However, these plans may change before 2030 and this option
could then be reconsidered.
Option Four- This option would include building a bridge across the Golden Gate
Canal that would extend off of 17`h Ave SW and extend over to Blue Sage Drive.
This could either be a pedestrian bridge or a vehicular bridge. This would also be an
extremely costly option and may also include improving 17`s Ave SE. This option
would have to undergo extensive permitting by the SFWMD and the Collier County
Transportation Department and may conflict with Option Three in the long term
future.
Option Five- There is a development settlement agreement for Section 24 currently
in litigation with the State of Florida DCA and Collier County mentioned previously
in section 3.5 of this plan. If this development is allowed to go in, they will most
Collier Program 40
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land Mana e g of 144
likely be permitted access off of Brantley Blvd., north to the development area. This
could open up an access possibility for Conservation Collier. However, this
settlement agreement may also include a Safe Harbor Agreement with USFWS that
would reduce the amount of impact allowed to the RCW's in the area. Our program
will carefully consider and research this option in order not to propose an increase in
the amount of impact to the habitat in this area.
Action Item 8.2: Develop a parking area
Once a permanent access route is determined, a small parking area will be developed
to facilitate a small amount of vehicles and will also provide one or two handicapped
parking spaces (Figure 13). Crushed/hardened rock, shell or pervious concrete may
be used to create the parking lot. Contractors will provide a design and pricing to
County staff to determine how to implement while providing the least amount of
impacts to the chosen site.
Action Item 8.3: Develop an ADA accessible trail system into the preserve
An ADA accessible trail will be created off of the parking area and will lead out into
the preserve roughly 300 -700 feet depending on the location chosen until it reaches a
picnic area. This trail will be composed of a hardened crushed lime rock shell
material or other semi - pervious material. A contractor will be hired to design and
install providing the least amount of impact possible. This will not be installed until a
safe and permanent public access route is established.
Action Item 8.4: Develop a hiking trail throughout the preserve
Two mulched hiking trails will begin at the picnic area at the end of the ADA
accessible trail (Figure 13). One will lead to the north and another to the south. These
trails will follow already impacted or cleared trails made either by ATV use or trails
made by DOF during the wildfire of 2004. One large circular trail will be made
through the largest intact pineland area in the northernmost portion of the property -
the trail will follow the fire line along the eastern boundary of the property. Another
will lead south through the center of the property to the southernmost portion of the
property. There will be a short loop through the southernmost portion of the property.
The total estimated length of the both trails is 7,600 feet at 5 feet wide. This would
offer a visitor who desired to hike from the parking area through the entire trail
system, a two mile total hike. If RCW's move onto the preserve property, trails will
be created away from the cavity trees.
The County will work with the Sheriffs Department weekend work crews and/or
local boy scout troops to assist in laying the mulch down to create the trails.
Environmentally friendly mulch will be used on the trails. Mulch may smolder in a
fire so it should not be laid down until after the first prescribed burn and will not be
replenished until after each subsequent burn. Further evaluation will be done to
determine if mulch is even needed to establish the trails.
The areas that were burned in the wildfire of 2004 will be avoided during trail
creation as they contain large standing snags that could become potential hazards for
Program
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land Manase4fta laSQ of 144
visitors. A sign will be installed to warn visitors of this and to stay on designated
trails. The snags do benefit the wildlife community, specifically the woodpecker
species that nest and feed on the site.
A temporary short hiking trail may be created in the northern portion of the property
to allow hiking and bird watching. This would allow the public limited access to the
preserve until permanent access and ADA trails are established.
Goal 9: Facilitate uses of the site for educational purposes
Actions Item 9.1 Develop interpretive signage to educate preserve visitors.
Once a trail system is complete, site specific signage will be developed to educate visitors
on plant and animal identification and ecosystem information. A small kiosk will be built
and placed near the parking area with a sign and map of the trails. An additional sign
will be installed to explain who the preserve was named after and about how Nancy
Payton has been instrumental in preserving land in Collier County. Another
educational sign will be installed near the picnic area.
Action Item 9.2 Provide preserve brochures in rainproof box on site
A brochure outlining the native plant communities and wildlife present at the preserve
will be created by County staff and kept in rainproof boxes attached to the kiosk near
the preserve entrance(s). These boxes will be inspected monthly by the Preserve
Manager and refilled as necessary.
Action Item 9.3 Coordinate with local groups to encourage site visitation
Staff will contact the Parks and Recreation Department to encourage visitation by
summer campers. Local Boy and Girl Scout Troops will be notified about the site
and will be encouraged to assist in small projects on site. Birding groups will also be
notified about the birding opportunities on site.
GOAL 10: Officially open the preserve for public access
Action Item 10.1 Open the site up to the public via an on site ceremony
Once the access issues are resolved, the site is determined to be safe for public access,
and after the parking area and trails and signage have been installed, the site will
become officially open for public use. A ceremony will be held on site to commemorate
the event. Nancy Payton will be invited to speak, as will the District Collier County
Commissioner.
GOAL 11: Provide a plan for disaster preparedness
The Conservation Collier Program has a plan in place to examine the preserve and future
access ways after storms. Collier County also has several vendors under contract for
disaster debris removal.
Action Item 11.1 Establish pathway for emergency rescue crews to access
Creating pathways for fire and rescue will include maintaining fire breaks around the
preserve. Emergency medical technician and paramedic access may be accommodated
via these fire breaks or on at -grade stabilized pathways. They may use Blue Sage Drive
Collier Program 42
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land Manaeerta. %451 of 144
or the driveway that runs east to west of Blue Sage near proposed access point one
(Figure 13). Fire lines will be cut and maintained to allow for DOF to access areas of
the property however, once controlled burns are conducted the chances of a wildfire will
be greatly reduced. Helicopter landing GPS coordinates are included in the draft
prescribed burn plan in Appendix 5. These coordinates will be confirmed in the final
approved burn plan.
Action Item 11.2 Survey trees along the trail and the perimeter of the property annually
for damage
Staff will utilize the services of a certified arborist to determine diseased, weak, or
damaged trees /limbs surrounding the trails and kiosks that should be removed for safety
reasons and prior to hurricane season. This activity is intended to reduce the risk of
visitor injury.
Action Item 11.3 Visit preserve within 48 hours after a storm event to assess damage.
Staff will take photos of damage and fill out appropriate Collier County Risk
Management Department forms. If damage is extensive, the preserve will be closed until
public safety hazards are cleared.
Action Item 11.4 Promptly clear storm debris from preserve.
If necessary, a Collier County emergency debris removal contractor will be contracted as
soon as possible after the storm to schedule clean -up. Removal of debris and damaged or
downed trees along the trail system may be needed. Downed trees and limbs that do not
appear to be a public safety hazard will be cleared at the discretion of the Preserve
Manager. As much of the hurricane debris as possible may be chipped and retained on-
site to be used as mulch for the trail system.
4.5 Partnerships and Regional Coordination
4.5.1 Interagency Agreements and Cooperating Agencies
The Safe Harbor Management Agreement (Appendix 6) would be an interagency agreement
between Collier County and the U.S. Fish and Wildlife and is implemented by the Florida Fish
and Wildlife Conservation Commission. This program was previously mentioned in section 4.4
under Goal 6, action item 6.1.
4.5.2 Cooperating Agencies
• Florida Fish and Wildlife Conservation Commission -Safe Harbor Agreement, wildlife
management assistance
• United States Fish and Wildlife Service -Safe Harbor Agreement
• Florida Wildlife Federation- section 24 protection
• Florida Audubon Society -bird watching opportunities
• Department of Forestry - prescribed burning assistance
4.5.3 Potential Cooperating Organizations
• Naples Chapter of the Florida Native Plant Society
• Local Boy and Girl Scout Troops
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5.0 Literature Cited
Abrahamson, W. G., and D. C Hartnett. 1990, Pine Ilatwoods and dry prairies. Pages 103 -149. R. L. Myers and J.
J. Ewe] editors. Ecosystems of Florida. University of Central Florida Press; Orlando, Florida.
Brenner J., D. Wade., J.L. Schortemeyer, R. Dye, T. Proctor, D. Rittenbeny, R. Myers and B. Coulliette. 2006.
Florida Interagency Prescribed Fire Training Manual. (Schortemeyer J. L. Ed.) Volume One. Hillsborough
Community College Institute of Florida Studies, Tampa, FL.
Brown, P.M. 2002. Wild Orchids of Florida. Pages 88 -89, 130 -131. University Press of Florida. Gainesville, FL.
Florida Exotic Pest Plant Council (FLEPPC). 2007. List of Florida's invasive plant species. Florida Exotic Pest
Plant Council. Available from http:// www. fleppc.org /lisU071is1_ctrfld.pdf (accessed October 2007).
Florida Fish and Wildlife Conservation Commission (FFWCC). 2002. A conceptual management plan for Caravelle
Ranch Wildlife Management Area: 2002 —2007. Tallahassee, FL. 218 pp. Available from
http: / /myfwc. cond wma/ pl anning/ CMP/ Caraveil e% 2ORanch %20WMA/Caravelle %2ORanch %20CMP %20200
2- 2007.pdf (accessed December 2007)
Florida Fish and Wildlife Conservation Commission (FFWCC). 2003 January 6. Florida's breeding bird atlas: A
collaborative study of Florida's birdlife. http: / /www.myfwc.com[bba/ (accessed June 2008).
Florida Natural Areas Inventory (FNAI) and Florida Department of Natural Resources (FDNR) 1990. Guide to the
Natural Communities of Florida. Florida Natural Areas Inventory and Florida Department of Natural
Resources.
Florida Natural Areas Inventory (FNAI). 2008. Managed Area Tracking Record and Element Occurrence Summary
for Nancy Payton Preserve. FNAT, Tallahassee, Florida.
Gann, G. D., K. A. Bradley, and S. W. Woodmansee. 2002. Rare Plants of South Florida: Their History,
Conservation, and Restoration. The Institute for Regional Conservation, Miami, Florida.
Gann, G.D., M.E. Abdo, J.W. Gann, G.D. Gann, Sr., S.W. , Woodmansee, K.A. Bradley, E. Verdon and K.N.
Hines. Natives For Your Neighborhood. 2005 -2008. Website http: / /www.regionalconservation.org.
The Institute for Regional Conservation (IRC), Miami. (accessed March & April 2008).
Hoppe, M. K. (Fall 2006) Hogs Gone Wild - Experts Say Feral Pig Problem Here to Stay. Retrieved April 2008
from Bay Soundings, Tampa Bay's Science and News Journal Website:
( http: / /baysounditigs.com /fa1106 /hogsgonewild.asp)
Kline, W. N. and J. G. Duquesnel. 1996. Management of invasive exotic plants with herbicides in Florida. Down
to Earth 51(2):22-28. http: / /www.fleppc.org /Mist /trtguide.pdf
Langeland, K. A., and R. K. Stocker. 2001. Control of non - native plants in natural areas of Florida. University of
Florida Cooperative Extension Service Document SP 242, 34pp. University of Florida, UF/IFAS Extension
Digital Information Source (EDIS) Database. Available from
http:// edis. ifas. ull.edu /pdffiles/WGIWG2090O.pdf (accessed December 2007).
Larson, B. C., J. H. Frank, G. M. Allen, M. B. Main. 2006. Florida's native bromeliads. University of Florida
Cooperative Extension Service Circular 1466. ]Opp. University of Florida, UFAFAS Extension Digital
Information Source (EDIS) Database. Available from http: / /edis.ifas.utl.edu[UW205 (accessed November
2007).
Lodge, T. E. 2005. The Everglades handbook - Understanding the Ecosystem. 2nd edition. CRC Press, Boca
Raton, FL.
Luidahl, K., D.J. Betz, L. Carey, R.W. Drew, S. Fisher, and R. Pate. 1990. Soil survey of Collier County area
Florida. USDA, Natural Resources Conservation Service; Washington, D.C.
Miller J. A. 1986. Hydrogeologic Framework of the Floridan Aquifer System in Florida and in parts of Georgia,
Alabama, and South Carolina, United States Geological Survey Professional Paper 1403 -B. United States
Government Printing Office, Washington, D.C.
Conservation Collier Program 46
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land Man� of 144
National Audubon Society (NAS). 2007. Identifying Corkscrew's Common Tillandsia. Website accessed February
2008. http: / /www.audubon.org/local /sanctuary/ corkscrew / Wildlife /Tillandsia.htmlfTrecurvata.
National Aeronautics and Space Administration (NASA) October 2005. Gopher Tortoise Photo ID: KSC -05PD-
2344. hh> tp:// mediaarchive .ksc.nasa.gov /detail.cfm ?mediaid= 27315. Retrieved 8- 11 -08.
Oaks, R. Q. and J. R. Dunbar. 1974. Post Miocene Stratigraphy of the Central and Southern Atlantic Coastal Plain.
Utah State University Press, Logan, Utah.
Scott, T. M. 1988. Lithostratigraphy of the Hawthorne Group (Miocene). Florida Geological Survey Bulletin No.
59, Tallahassee, Florida.
Stimac J. L., and S. B. Alves. 1994. Pest Management in the Subtropics: Biological Control A Florida Perspective.
(Rosen D, Bennett FD, Capinera JL, Ed.) pp. 353 -380. Intercept Limited, Andover, Hants SPIO 1 YG, UK.
State University System of Florida. 2004 Publication of Archival Library and Museum materials. Aerial
Photography of Florida. http: / /www,uflib.ufl.edu /digital /collections /Bap/ (accessed March 2008).
Southwest Florida Water Management District (SWFWMD). Sept. -Oct. 2007. New Orchid Species Discovered on
District Land. Water Matters (Electronic Publication). Pteroglossaspis pottsii, Potts Preserve, Citrus
County, Florida. Photo taken October 2006 by Joel DeAngelis. www. swfwmd .state.B.us /.../7_orchids.jpg
United States Fish and Wildlife Service ( USFWS). 1999. Mesic pine Batwoods. South Florida multi - species
recovery plan — a species plan an ecosystem approach. USFWS Southeast Region, Compact Disk.
United States Geological Survey (USGS). 1958. Bonita Springs, Florida 7.5 Minute Series Topographic
Quadrangle.
United States Department of Agriculture (USDA) Forest Service 1989. A Guide for Prescribed Fire in Southern
Forests Technical Report R8 -TP 11. (Wade DD, Lansford. JD, Dixon, ML Mobley, Ed.) National
Interagency Fire Center, Boise, Idaho.
United States Marine Corps (USMC) Lance Cpl. Matthew K. Hacker. 22 July 2005. Original caption: Photo ID:
2005729133853, Submitted by: MCB Camp Lejeune ARed- cockaded Woodpecker takes a cockroach back
to his nest. Photograph. hh>ttp: / /www.usme. mil /marinelink/imagel.nsf/ Lookup /20057 29 133 85 3 7opendocument
United States Marine Corps
URS. 2007. Railhead Scrub Preserve Land Management Plan: managed by Conservation Collier Program Collier
County, FL. June 2007 — March 2017.
Wunderlin, R. P., and B. F. Hansen. 2004. Atlas of Florida vascular plants. [S.M. Landry and K.N. Campbell
(application development), Florida Center for Community Design and Research]. Institute for Systematic
Botany, University of South Florida, Tampa. Available from http. / /www.plantatlas.usf.edu/.
Conservation Collier Program 47
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September 23, 2008
Nancy Payton Preserve land Mana e 6 Of 144
Appendix 1: Legal Description and Plat Maps
* ** OR: 3944 PG: 3925 t **
CONSERVATION CCLL IER
Property Idenlificttucr Number 6173044CC05
EXHIBIT "A"
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. .
�rh, ^I ?nerd Attorney Review
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Nancy Payton Preserve Land Mana er18AtWA8 of 144
Plat Map of properties across the Golden Gate Canal to the West. Shows 150' SFWMD
drainage easement
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Nancy Payton Preserve Land Manage 9 Of 144
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Appendix 2. Preliminary Plant List
Nancy Payton Preserve: Final Plant List
Keith A Bradley, The Institute for Regional Conservation
August 13, 2008
Scientific Name
Common Names
Native Status
state
Fill
FLEPPC
Ab. .mbba
Hone pea, Crab ayes
Introduced
I
At.. auriculilolmis
Ernest acacia
In hei
I
Amdosla ade ressfeks
Common ragweed
Native
A,ph,W, muhlenber ianum
Blue maidencane
Native
And,ibb,on yonimaties var. hirsuPor
Haig bushy bluemem
Was
Antlro n lome.fua ye, penelue
Common bushy bluestem
Native
AM vu
Brooms eblusstem
Native
Avmina lefkmata
Common haverevy , Netted a w
N.",
Bdm hahe /ola
Sall Grotnlsel ree Sea mle
Native
Name. vul abis
Common bamboo
Cualvaled Only
Bidens albs var. smote
S anish needles
Native
Ellechnum senmalum
Swamp tern, Toothed midsorus ism
Native
Bmbos Ns ed,.tbelia
Densermi h and a
Native
Callica na
Arne ncen beau
Native
Caastha Morass
Loviven, Devi a on,
Native
Catharanfhus bosses
Matla ascar- periwinkle
Inhoducetl
Cenchrvs behestus
Southern sandbe,
Native
Cari beefte
Coastal santlbur
Native
Cehelamees occdontshe
Common bununbush
Native
Chamesensla mckons vac sable.
Hl sensitive- ea, Hai erhid a bem
Native
Chemael ophthalmice
Florida hammock sardmat
Native
Chamaea ce thimhoWe
Gulf sandmat
Native
Chiococca so,01,
Pieoland summer,
Native
Chmmolaena odorafa
Jackm the-bush
Native
Cladlum youncense
Saw grass , Jamaica swamp say,,reas
Native
Con Zd hredere. ver bi
Dwarf Canadian housever
Native
Croteleha obboomlolla
Habtricalls
Native
Croton glandl
Verb cbern o
Native
Cu,namobs. anacal
Carboni
Introduced
I
LbenLNUm st
Hano ins Leafires.seaulowwort
Native
C
Baldwin s flffised a
Native
Cype. limans
Swem flusse a
Native
Cypb lysti
Man ike tebrd a
Naive
Dac IoGenlum ae ti.m
Crowsioot goess. Duman crewbolgrays
mwduced
Desmodwmmcanum
B afs.fiGS
Native
Di,YNorhai aciculate
N.ortileal witch bass
Native
Dichanthahum mmmutaNm
Vanable witch ra
Native
Dichernhellum ensilokum var wro h lum
C rosy witch mays
Nalive
Dichanlbelium Wnb.bnsa
Hemlock wilblughass
Natwo
DlChanlhelium sM os va, . ladrescens
Glemescent roe hM1air witch ue
Native
Di trans bko'e.
Asia[rah ra
Inbeducen
Di Ilan. [lidos
Southern [rays
ss
Native
dlora
Indian crab rely
introduced
Phonies Rough buVanwead
Native
ells
Hockli twinflower Piueland snakehem
Native
e
R�o�h,i
Indian o bass
Introduced
ilolia
Llac meslellower
n
Florida bulen l orchid
Native
C
Emoans anoviens
TM1aLa love r
Ina�uced
Emmons havma tvii
Fireweed, Amenian bumweed
Native
Eu mnum calrltliem
Dog fennel
Native
Eu am,um mohdi
MohYS ihorou hwon
NaOVe
Euhodva hlla
Rneland euhoNle, Lesser Florida sperge
Native
Euslach Iauca
Prairie finhumeass, Saltmarsh flo er rass
Nalive
Collier Program: Appendix 2- 1
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land Managed D*082 of 144
Scientific Name
Common NSmes
Native Stems
Ststa
I'M
FLEPPC
Euslach a ba.
Common fingergrack , Ponv000k fingerigneak
Native
Eulllama raaelmana
Sandia, acdI
Native
Ewlwlus senceus
Silver bwarl moric to
Native
Frcus aurea
Strait Im 11 ,Golden li
Native
Galactla neatens
Eastern mI*Wa
Native
Gni obanfalum
Rabbits tobacco, Sweet everlacia
Native
Grewllea na sla
Sld oak
Introduced
Habenana u asst.
Lon hom false reinorchio
Native
Harnsalla recta
Needlemot an Zara a hid
Native
T
S1
Hatl offs m oebei
Fi tlo mill. I
Introduced
an tls Iecumdens
Innocence, Roundleal teluet
Native
Helemlbeca subaxilans
Cam horweed
Native
H i alale
Musk mint. Clustered busbmint
Native
lax cassine
Bahoen hall Dahoon
Native
Ilex glabra
Gallber Inkber,
Native
I amoea sa mar.
Ever lades memo m
Native
beans dims.
Bloodleal, Juba s buah
Native
✓um erus m. omit.
Red ccat
oaobtmu Native
tanrana camam
Shmbvemena
introduced
1
riahi. albeit
Garhels a eaNer
Native
Lobelia IWOSe
White lobeAa
Native
Ladaviki rrclma
Seaside princesevallaaa
Native
L onla balms.
Coastal lain sla a2uch
Native
Macreau"t,rialhiccode,
WJd bean. Wild bushhean
Inrloduced
MeloMla s Iola
Bratomca c.l.da
Native
Melodrria veqdi
Creeping wither
Nature
Momoal¢a charanna
Wnd balsamic. ore. Balecampear
ileoduced
Muhlanber plans
Mk a, Heir
Native
recileca
Wax ac ale. Southern Bayeeng
Native
Pahaum hemilomon
Maldencane
Native
Paokc m renerum
awe oml panicum
Native
Padhenocrsaus u uelolie
Woman
ees at Woodbne
Native
Pas m menom
Gd une alum
Native
Pe alumnoreNm
Banta r
aeNm
Intmducke
Pe alum seleceom
Thm a
Native
P.V1n a subemse
COM 6tem packiectican,
Notwe
Penniselum of slachion
West lnoian enniaeWm_ Mission grass
I
Parse. a is
Swam any
Native
Phabodium aureum
Golden o od
No rve
Pn oars is
False did oohead. Eaelem false dra onhead
Nat a
Ph ic,ca amen®na
American .keweea
Nativa
Pci niiii
Wild e o el
Native
Pinua e11eftu vac dens.
,qulh Florda slash ,,a
Native
Pik tiara cacolmana
Psted sNOeseed
Native
Pi sis aminllolla
Na,,aM..f sJk r sa
Native
Pol ala candI
Cand eeQ Shava, milkwod
Nalrve
Po umbers
Rusi Juni edeaf
Native
Guava
Introduced
lllnum ver. ""eaNm
Lac Uiackon t orn
NaMe
llinum va Pseuddcaudarum
Tailed broken fern
Native
=Ps�W�audanjm
China brake
Iatrodoc H
rws. Ym
Bldckrool
Natwe
oie ecnslata
Giant whin
Native
T
S2
Gue¢us Nudlola
Lauta oa0. D'amond oak
Native
Oue.H in
van live oak
Native
Palo'. al ewaand
whae lndi ebei
Nat via
He an unclele
Wivint, Colicwood
Native
Hhexiaamanana
Pale Mendevcocaut, Maryland meadevencouly
Native
Rhusm llinum
Winged sumac
Naive
Conservation Collier Program: Appendix 2- 2
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land Managerpw3 Of 144
SGenllllc Name
Common NamN
NGlvs Stylus
State
FINN
FLEPPC
Rh ,chef
Rose Natal ra
Intmtlucetl
Rkbardiabeediensls
Tolcal Mexicavfii
Innwlucee
Sabel almetto
Cabba a aim
Native
Sarcasremmaclaysum
Wmteese, While tvnnevme
Naava
Schm.times nlhiM,,,e
Brazilian-
Introduced
Sch,,achrium rhommalum
Rhiz.matous Woostem
Native
Schizach du
Litlebluestem
Native
See acted ssco
sweemmnm, Lo.nceweatl
Native
Serenoam en s
S. S .Imes.
Native
Siva vemselis
Lima
IntmducN
Sbemxbnme1i
Recline Florida bully
N.W.
Smila+auriculala
Eadeai greentear
Native
sews o muse
Giant goldensad
Native
s mr
Wevelead false buVOmveed
Native
steat.a. vatiillata
Snmbb false buttonweed
introduced
S eroteaussdltsi ver pyramsdafts
West Indian dro seed
introduced
Sidi, a lvanca
Oueenstlell bt
Native
sie,ei ..,ea
Pineland aca Ink
Native
Taxamum ascomea e,
P.ntl cyprose
Native
.17a' fads tomlh0
Sti sheet fern
Native
Tillandsia beebisiana
RefloxN wild pine Northam naetlleleal
Native
T
Tllandsi, I a.dala vac maosi
Stitt-leaved wild - me, Cardinal orient
Native
E
Tillandsla asefes.
Twisted vnld- pine _PO Italy m lant
Native
Tllandsia reco.ta
Ball moss
Native
TiHeodsia seta'se
Thin - leaved ,ol Ine. Statham needleleal
Native
Tdo,dsia etoseedes
Smash me.
Native
Toxrcodanamn Ni
Eastam vai
Native
Tmme micranlhem
Flo,ida Irema, N.Rietree
Native
L'i lobar,
Catemee.ed
Introducetl
It
Vase initaa
Shiny tolueemem,
Native
Lomas! e v m cz
Fros iesetl, While cnbeard
row
Native
Vale mlvndib!
Muscadine, Muscadine grape
Native
Voi lineal,
Shoestring lam
Native
krmenie amenGna
HisaMon , T,llow.rood
Native
Conservation Collier Program: Appendix 2- 3
Item # 16E8
September 23, 2008
RaW @8 of 144
Appendix 3. Florida Natural Areas Inventory Managed Area Tracking Record and Element
Occurrence Summary; FNAI ranking system explanation and Natural Communities Descriptions
for Occurring Natural Communities
4a�i+ri�l r3reA.s
Iti4' ?MF.`+LR
-to 2XII
cane etao ty r.One.4 avian Program
ZZV Tari)Wni Tnu Ow iV W
ht80", FL 341 `2
tewMs sac",a
'FY'dt ynU *:x'}LYUnhjt�eAf K/ My:Y „fe «KY+StHn t! yiOr a',hxhinl A'6941rvyY1':dN'N (FhVk11 WortAve
frX!.%t!i!R ;hA U104,"n 1-041m ow to, Y'h< 0,0000 Area
Pnv*r Nancy Pay'tM P'e8+�ve
Cate Racaty” C�.Pirol._ .,A..
L.ocabon:
tdsYMt Ort dW tnfnrilNbnn AYassWP, SNA eke Appoafe woo 10(:atPd WtNln 4 atgndkant
nootan of Aunt Areas and b.AOdat to Aewm nn p"twc avocyl 4aftwonakon Aaoutd
be taken to avpM An"T MMQM 1"W" M Naas neturtl re00att4w And to de"n Land
uoas the comtutit" Won tbeee feleufrAe.
EM+nant Occumences
A SAanS V q mAOs WCd deja: W ir.Q� £e5 !na :y rtPtitiy xa na+ sevana C em6Mr Lie vn8*>rfs
mApoed vvt;'. 91e 5`rrLCr Or V e, wwW a one P'�OvsS —op ame Pt ,CGv,rw`6 tablai
na 4api st, 0 r* dS'Xx.y' 6 *I £* e1CrtM 1 A'iC:�ttM}c ri v sdo 11Y.ilW et 0 Cdt ! e dfAgM11
�nCmA11Cf13r t'M ApKBn:.i O!.'e'tl tY r- �1tiY:3e!aC W2 {;ri :;r A ete
'iw MtfM'^'wCW .e(1.'YiN..:,i'nhYJ.MF ' l:R.••!'rtir 4;.l "n'N S.Sw�b'3t :d��a'?W
LCYRM [ 9iliaT `r +n Y > ttpJM'4 C.;4 dibT C'yd poi +' auIFWY; 11 Wirt , fN 'Xr tlYA,
aXA'4'p'itnW 131Aptr." Y tvd A'dj (... .y, !,I!76,.. (�3/lt$FX qtN P..4:Yerd 1A': ?VFl e:
pimi' ur^ ,:""aY: Ax W M, t� ^.? P' u_ d R`.F q J � j•,:1.'..Jh. .� hi ,•idyl l .::n"t4fu!Afpq
f I'd a`,e per's tui0` M+aMx x lauh r -. C o� £prsrF fifty totol to r�;.ve P,9P a et }9lµ1( Y,: vmv fMy
u;uat4 a *wk n 'Wa : G:W::Aa'x r+ UIIM Sxv:ars h xv i!;r++ Rink! nle+rnn'tK�wavr>cyta
vQ - rsrrrri fr!} #YnLYfRy tY.t.111 ffoa i`,llSrlryObwn vrNft erra,
."xe+rn *N z ?f;tn• sGV:: s e',..a„+ry r _ q.c,. : f., �, r •.� } vrr+ . ,- :ftv.�. dAb
deYtilttYP ..,.,n,t v n„nH +r, tx wemNnr v:r rn - �hrnuvem'pm »yrexaroxao-�ar ^entry.
Ord r9`QUdC: Pki txezrarm #a,-npxkr YyNXy yr eN- "YrfeAUt�::X Uw>atwrso pr Tae !n, +re`fi9t+?n. 'M!
,..re F.t,tnaarst (k:,„nterlcrs R+�'rvv R,iS [v taG+�ar7'L's a Sent =m, ' Uti+ �14✓r 2N � r rqv n <rta�i�
F L� tM t{�yd((fl �.WjiA: k .LI Yt f Yp tl bA YNiI.. )r4`�Y V O,"yl)IrYlnf q }ii'}.�.;i'V 4t.. rAi,ffr (Nd�
"ss' CC Wkaly area Potential Rare Spocroe
N vdol U : W,,, -p Mv"»p3 tK'i„rer.u.4 {ssyr tme 1paC00 Mq nevo, rWtl v tas no 4W -M!ad
nr• C, near " vw tWsmd Ort r.6 -.et ^A X l ar.9 SCR: o '7 yp} '*Krpq?x iSee a^ rnsad 7S WNewA
m: Appendix 3- I
Item # 16E8
September 23, 2008
M5 of 144
Conservation Collier Program: Appendix 3- 2
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land Management P1aae 66 Of 144
Conservation Collier Program: Appendix 3- 3
All
i
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M
yyy:
N
r
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e
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i %
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Conservation Collier Program: Appendix 3- 3
Item # 16E8
September 23, 2008
Pl4e 67 of 144
p�. 4 ♦ G F���.2�WY A ff.
x,
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4.
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Conservation Collier Program: Appendix 3- 4
Item # 16E8
September 23, 2008
awe Preserve Iand Manaurnentft e 68 of 144
\ �t \� � .
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it
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Conservation Collier Promnn: App_.a,
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land Managemente 69 Of 144
:`.rmw
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iQaR?f RB* v3H -t.
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r oR xWr+.wr< wn
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r r
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Program: Appendix 3- 6
Item # 16E8
September 23, 2008
Nancy Payton Preserve 1-and Mana2ememPla e 70 of 144
,1110 11� .." .' kekrwrM. .10a,
1-1,014LAt II%9w1 M R%Nks
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11 M, HANh w
Conservation Collier Program: Appendix 3- 7
...... ..... ..
11 M, HANh w
Conservation Collier Program: Appendix 3- 7
Item # 16E8
September 23, 2008
Nancy P yw Preserve U nd Management kge 71 of 144
Vx+i k"; ....... Febrataft, :hvr
I MIRAIL AND ST A It It(. kL A ral I StS tathatud Wjalbh!.,n NfU,)
rROMPED "A IN." roil MIaltalATIO"N 0,41-A.
"4 ,, 11 111',.,. -),,
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,A*Awvb; wl t ,t. t , Itt,; 4
OONWI L ',' swMWr J1, 1 NA ,&'I, f
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Conservation Collier Program: Appendix 3- 8
Item # 16E8
September 23, 2008
Nancv Payton Preserve Land Management Pla e 72 of 144
1019 ThOMOSVOM Post(
S"ift 20"
10fthUS". FL 32303
(850) 22Ï
(060) "1-9364 Fox
--�, *�-- www'Makorg
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Conservation Collier Program: Appendix
Item # 16E8
September 23, 2008
Nancy Pa on Preserve Land Mana etnent e 73 Of 144
i 9
ar�a.crk �cAdrn
WrX7pPP1Ii
'.9 +.d,p�i z'i
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rT.df.'Ytt eM164$Mlbpb;m (WM!1Y1.}JY..eMtl+Wvxbf.41t$e 24tlwvx4
rtl 9aWi1 Mid<M14WN i'trlklk. IR1Ami M1Qx ^+` � TRIIfM C'd%U!
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RwU.?wm lem9Y�Mrm�Rlam lyewuWnnr Mew.x+mR+tt;.
Conservation Collier Program: Appendix 3- 10
Item # 16E8
September 23, 2008
fte 74 of 144
RED - COCKADED WOODPECKER Pfcoides bomafls
longleafpive. Forage in several fotestd babies, types that include pines of
vmio n; ages, Ind prefer mote manrre ponce.
Seawndocnrreaee: Nonmigmtory Mairawastenifinuathroughout
year. They arc coopnatom btecden with young maim chamaensti ally
twainiog in many bate nbobso ies. Young fevmkn said ens -helpm nWes
typically dieperae a limited dirtmee during their fund wiener in aeamh of
breading opporYmttme eleewhem. Social gtosWS on Glens grneally
constrict the use of their home range when nesting, am p.1, and expand
them an, during fill and winter after young have fledged
do, pace eouladbudon: Occmn lastly from be wester paobandle through
the peninsula m studs FloriN. Distribution be to s the crew of
old -growth puts forted, Collier and anon occanficc t the Big Cypreas
National Pteaerve in Gallia and Monroe ceuntiea
Radge -obit DleMbvtlon: Pnwnly SouNeasrem COeaml Plaiefe.
North Carolina to Texas and southern Adanses. eumently. PoWmtiaw are
highly fiagmeoted, ad mart ere small. N of 1990, nearly 9D percent of
active sides war in Florida, Gemgiq the G imxa, Imtimana, and Taw.
Mom then half of thin nenuining populations (9,300 bird.) were found on
not six sima, while the mmaining birds warn national scrod more than 100
sites.
Conservation Sbatus: Florida bas the tinged member ofadve sins in the
world, but maeasieg fiegmentetion and poor managemat of appmp i m
babidt is cone for emncerna largest concentrations occur on federally
managed lends (m 80 parent of active sties), with eatowed and pmete
lands nupporting a sigvifi.t number of smallm pop i atow. Pao hugest
populatiew, composing 70 percent of actva sits, oc atr oo Bides An Force
Base and Apalachicola National Faeat, and titre is cidmoc of dedums in
the latter.
Protnetlon sad Mavepatient: Federal and state p.ma must
aggro .sivelymmagedtirextensivetramsofpi faced. Habimtquality
in such anew depends on firs fer namlanboig open, part -like oond tbxxs.
Caasiderable variation cornea in habitat pertvemm tinge -wide, mauling in
variable borwtnge siva depending on matmt and quality of available
habitt. Focus management sesima en hods nesting wd foraging
requirement. PmMS additional populatiow on private lands to help
guard against mwampbic event (e.g., haricanea).
Seleced References: lama 1991, Kulhavy a al. (ads.) 1995, Poole end
Gill (dsJ 1994, Robertson and Woolfendnn 1992, Rodgers et al. (ads.)
1996, St ninon and Andetsou 1994.
I....is, a a Rae MarWr on. i—.. anal
Conservation Collier Program: Appendix 3- 11
Item # 16E8
September 23, 2008
Nancy Pa on Preserve Land Management Pig e 75 of 144
2
'Wit1 Eger ite �R r+Arcr attnss M.a ft"w
rweltt, F' ^vkep.'xaW,!a). rnA MMtn•ee rtwrpr rue1ma tl±n..•
rw �+wws.cnr.mm,rrww ttmw.!+aw:+lrruw . w bn:
Conservation Collier Program: Appendix 3- 1
11
Item # 16E8
September 23, 2008
Nancy Pavion Preserve Land Mana emee nt�}s e 76 Of 144
GOPHERTORTOISE Gopherntpolyphanrs
203 mm). Ins smut foot, movable hingc on lower shell, and oflw but not
always by bluk and yellow upper shoo. Tortoise borrows, which ere useful
on dehtmiviug epeniu'prvana, typinlly have rower. ➢suer, profile they
moo rounded bssro s,ofsrmdillos; this reflects ditfereuos in
CIOgBbRYInnBI e.y..e Of MC MO gOmMIB.
Habiteu Typically found in dry upland hsbiuds, ivnhdmg sandhilh,
gnnb, xenc oak fuvmmd4 and dry pore fletwoods; Wo commonly uses
distohed habbts such u pswveg, oId&lds, end rnd shouldcn. Tortoise
nnvas doap burrow; for tetege from pmlators, weatba, and fire: more
thin 300 oche species of aniwb have been neegdrd sharing than
bugrowa
Seasovd Onvrrooce: Abovngris d activity is gnarly [educed during
cold wnthar, with Won. is nodhen nonda nou it ug bout. grad for
mouths. Nonetheleu, butmwn arc rclsowly conspicuous year-rmmd.
£lands DYWbutbv: Statewide nxpt aburd from the Hvergledn end
Keys.
Ragr -wlde Dbtrlbvlmo: lower Southnstem Could Plain, extending
from southern South Caroboa southward through Iowa Georgia and
Floda sad westward tbrargh soAem Abbema, hfissiuippC nd extreme
south assn lansiann
Covsrrretiou States: Daimicinwid npnndomrrevnthosighoui
Floods, th. is ccruid osbl. crosem about d. denlioing bud. of
this species. Much M its orow habtm his boo toss to agica h ns,
dbicdture, fnrntry, missing, and urban and nesihntiel dwnin want.
Although punned populations occur ou m.ny ems, fedend, and privme
ouncrwtiw Iands, renal dmiquomt of a c respitamry disuse
[humans even those.
Pratet toss sod Mavgemeau Mar cor Inge, thus trace of upand
p..dito mei b d wove vegebtive W red ossb brush and f. y requires
periodic presented fsse benesh vw m tedi! h bnh end is up growth of
D end fate. Awid cing tog roads and house b xers upsMs.
Became of ask of mmodoeingorno. hridd d with rmpintory orept m
ouc stio it], "find ono todoian ahodd rro[ te relocated except
undo amndy controlled progmns.
FbM GUW b n Pen Miwis a f gbN. Nw LiwnM. Mi
Conservation Collier Program: Appendix ;-
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land Managemen_ t ft e 77 Of 144
Conservation Collier Program: Appendix 3- 14
Item # 16E8
September 23, 2008
Me 78 of 144
FLORIDA PANTHER Puma conom(ar M yi
bante S=ofa: onds paGyy rvfia)6y.abwt 0ilend ,apyraaimahly
h.l(tbe asubspe ia) o. penWer. Wu po m o,* , h .. b may:
and cuo be nouwien) ace.aodly ode , caphvdy or have brco lcuedd
and can be rol Inard far Fn dis paoWkio defining ehaacrd i fistW
above may be unrdieble in diemtguiahing these dose rthuvw.
H.biyt: Requirca exteyive Node ofmodly fwvted wmmwitlw.
Large wed"6 don art gercwllY ins -blc On humans art import.nt for
dlwml rtfug. Will ylpafe impmved grey in • moyic of ruhW
camuuniuw.
SeyomdOm� Y-- ramdmaidmt
Florid. DbrdMdo.: Collier, Glades, and Lee counuou art themooghold
for We Ford& PadM; Mimd -DWe and Mono, coumuw arc ,o
imponnuiL Dia u u% o di ub b no, tango will naM in the PrniraWa
s hiog for new Wfi iea.
ll"9 reide Dhhibwd -: Subepeciw fonmlY fwmdtbtwrghum the
unoth —rvn D.S. from Ark.. and L--- up on Geargi& and eauW m
Florida
Caa..ry.rl.a SKIM: Found on a rd public coma ou lands,
including Big CyPrn. NA-W Prrwrve Florida Parldw Nauwul Wildlife
Refuge, F.kahm:hee Stec Park, Picayune Shedd Sour Fcucs , and
Everglade. N.uonal Park AM y,.,mbm am h.ae ..r ,of
Scncuc uuRavalrnr P,jco.
PrerMb.a.d M.o.gem. b Prtservcl .Igeyhaalor.lighdYUodified
lnud.e pe.. MaimYie viable populauona of ilea Develop safe Place. for
croaring higumYs. Moinain public support far recovery ptojecra.
Selee4d Refetoom: Bin 1997. Humphrey (cd) lM, M.ehr 199].
n.a oad.nae..a,mn.a wram ramlw.a.0 aa�+avr. xot
Collier Program: Appendix 3-
n
u
*VAR
cJnix[ 4:asr.wa
� ,
#a6gy: I:Ywufe: i
�,
4X..6�c !MSe
f AN4.4A vpww n a1oo"6 .6'inlxwni
i 46Y11
tFa; AMtgr ilb i.5 tt -7i i ". wal am nmfb::rt
'"°>h gi#Mpaiak 6az aYdaMnva ,wva6.. dsmwWi. s.eiyp
w,gnnaimvaly 1 kA ea, (!t a,µ: m.tetn.na�pe .tiP
1 i l i �i1. Ma6kA:ui +m ruatKVe f'4anM kaa arcs Ax�mf Ruml iWm..
enp�c.+yc.coCr 1�!c.Fl+ Av6k^,lvxrq¢h maq ne �nTMri
..e awc 'AY a v6n rnd i;an ae m.�xa anati
wnicty Mmus<w. EkwfiMeMlkc�b,C } ?,x t7Pl i40 ment
�"+N 56Nlxfw M!MFMYINFfwhw ............... �rxi� wMIW hvM Mryi,yw'
Conservation Collier Program: Appendix 3- 16
Item # 16EB
September 23, 2008
Pge 79 of 144
Item # 16E8
Nancv Pavton Preserve Land Management September 23, 2008
Pis e 80 of 144
Appendix 4: Potential Adjacent Properties to Pursue for Future Acquisition
Parcel
Acres
Property Description Current
Acquisition Reason
Folio #
Owner
To increase access and habitat
61730640009
0.50
BARRETT EST, TED E
off of Blue Sage
To increase access and habitat
61731280002
1.00
BENNETT, RAYMOND
off of Blue Sage
BOWLIN, EUGENE &
To expand preserve & RCW
61730400003
15.64
ROSETTA E
habitat
To expand preserve & RCW
61730280003
8.00
BUCKLEY ENTERPRISES
habitat
To expand preserve & RCW
61730320002
16.00
BUCKLEY ENTERPRISES
habitat
To expand preserve & RCW
61730240001
8.00
BUCKLEY ENTERPRISES
habitat
To expand preserve & RCW
61731800000
16.00
BUCKLEY ENTERPRISES
habitat
To expand preserve & RCW
61731840002
16.00
BUCKLEY, THOMAS E
habitat
To expand preserve & RCW
61731720009
16.00
COWAN TR, JOHN L
habitat
To expand preserve & RCW
61731680000
16.00
COWAN TR, JOHN L
habitat
COWAN MRS JOHN L=& JANE
To expand preserve & RCW
61734080005
16.00_
ANN
habitat
_
To expand preserve &RCW
61731760001
16.00
COWAN TRS, JOHN L
habitat
COWAN TRS, JOHN L =& JANE
To expand preserve & RCW
61734040003
16.00
ANN
I habitat
DURGA, BRAMHANAND =&
To increase access and habitat
61731160009
0.50
SHANTI
off of Blue Sage
To increase access and habitat
61731440004
1.50
GONG, GUO JI
off of Blue Sage
To increase access and habitat
61731480006
1.50
GONG, GUO JI
off of Blue Sage
To incrcase access and habitat
61731360003
0.50
HIDEOUT GOLF CLUB LTD
off of Blue Sage
To increase access and habitat
61731320001
0.50
HIDEOUT GOLF CLUB_LTD
off of Blue Sage
To expand preserve & RCW
61734000001
16.00
HIDEOUT GOLF CLUB LTD
habitat
To expand preserve & RCW
61731640008
16.00
HIDEOUT GOLF CLUB LTD
habitat
To expand preserve & RCW
61733960003
16.00
HIDEOUT GOLF CLUB LTD
habitat
To expand preserve & RCW
61734120004
16.00
HIDEOUT GULF-CLUB LTD
habitat
To increase access and habitat
61730840003
1.50
JONES, LESLIE B
off of Blue Sage
To increase access and habitat
61731000004
1.52
KAYE HOMES INC
off of Blue Sage -
To increase access and habitat
61731040006
1.01
KAYE HOMES INC
off of Blue Sae
61730960006
1.52
KAYE HOMES INC
To increase habitat
Program: Appendix
Item # 16E8
September 23, 2008
Nancy Pa ton Preserve Land Mana ement a 81 Of 144
Conservation Collier Program: Appendix 4- 2
To increase access and habitat
61731080202
0.50
LIE, RUN HE
off of Blue Sage
To increase access and habitat
61730800001
2.38
SCHERER, WILLIAM C
off of Blue Sage
To increase access and habitat
61731578002
0.50
SIT, ANITA
of of Blue Sage
To increase access and habitat
61731577003
0.50
SIT, ANITA
off of Blue Sage
To increase access and habitat
61731576004
0.50
SIT, ANITA
off of Blue Sage
To increase access and habitat
61731573007
0.50
SIT, ANITA
off of Blue Sa e
To expand preserve & RCW
61730360004
16.00
TISO ET AL, ANTHONY
habitat
To increase access and habitat off of
61731571009
0.50 1
TRAPANI, DOLORES S
Blue Sa e
Conservation Collier Program: Appendix 4- 2
Item # 16E8
September 23, 2008
Nancy Pa on Preserve Land Ma na ement a 82 of 144
Appendix 5: Example Prescribed Fire Plan
COLLIER COUNTY GOVERNMENT
PRESCRIBED BURN PLAN FOR
CONSERVATION COLLIER LANDS
Preserve / Site: Nancy Payton Preserve
Burn Unit: 64 acres, (excluding 1 acre extension out to Blue Sage Drive)
DOF landowner number:
Land Manager:
Name: Christal Segura
Title: Environmental Specialist Signature Date
Certified Burn Manager (Boss):
Name:
Title: Signature Date
Certified Burn Number:
Customer Number:
DOF Authorization Number:
Assistant Land Manager:
Name: Melissa Hennig
Title: Principal Environmental Specialist Signature
Prescription prepared by: Christal Segura
Name
Signature
Collier Program: Appendix 5- 1
Date
Date
Date
Item # 16E8
September 23, 2008
ftge 83 of 144
COLLIER COUNTY Preserve Name: Nancy Payton Preserve
FIRE PRESCRIPTION Unit: n/a
LOCATION County: Sec(s) Twn(s) Range (s)
ATTACH
MAP Collier 24 49 46
Total Zone Acres: Total Acres lu Latitude.
69 burn:
25 11'50" N 8140'3" W
64
General Location:
The property is in North Belle Meade, East of Golden Gate City and County Road 951. It is accessible off of
Blue Sage Drive north off of Brantley Blvd. See attached Location Map.
GPS Coordinates 26° 11'52" N . 81° 41'16" W
Dates of last two burns and dates of mechanical treatments:
Burns: no prescribed burns have ever been done — wildfire on 14 acres in 2004
Mechanical Treatments: posi trac will reduce palmettos and cabbage palms and
possibly some snags before the burn
Zone Description: biological community types, plant species dominants, approx % woody vs. herbaceous
growth, avg. understory fuel height)
Pine Flatwoods
Ground cover: muscadine grape vine, ceasar's weed, maidencane
Mid - stow: saw palmetto, sabal palmetto, southern sumac, wax myrtle
Canon v: South Florida Slash Pine, minimal cypress
Vegetation Types
Fuel Model
%
unit area
%
herbaceous
%
Woody
Avg. Fuel
Height
Pine Flatwoods
4
3 -6 feet
r uc1 i.uuauwns Aniacent to nurn zone ana Dates of Last Burn in Adjacent Zones (for contingency
planning):
14 acres of the site burned in a very intense wildfire in the winter of 2004.
The remainder of the site and all surrounding adjacent vegetation has not burned in
over 10 -15 years.
Collier Program: Appendix 5- 2
---I--- -- ____r_
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land ManagernemPin a 84 of 144
Resource Management Objectives (measurable)
1) Reduce understory, midstory height by 70% (fuel reduction and wildfire
prevention, improve RCW habitat)
2) Open up mid -story to improve vegetation diversity; increase native grasses
and forbs by 50%
3) Top kill invading hardwoods
Short Term Smoke Management Plan (during the burn time frame):
Smoke will be monitored along the major nearby roads - Collier Blvd.
(951) is located 1.5 miles to the west and 1 -75 is 3 miles to the south. If smoke is
present along these roads, smoke signs will be posted by DOT, staff or the
sheriff's office
Long Term Smoke Management Plan (extended time frame day(s) after):
Smoke may travel during the evening hours. This will need to be monitored
closely especially down the surrounding canals to 951 and 1 -75
Passed Smoke Screening:
Special Critical Smoke Sensitive Areas (attach
and locate on smoke map):
❑ Yes ATTACH
NONE - Schools in Golden Gate city are over
❑ No SMOKE MAP
a mile SE
Minimum # Crew:
Minimum Equipment Needed:
5 -6 people
2- type 6 engines, 2 dozers, ATVs, 4x4 trucks
Fire department water trucks
Fire Breaks /Site Prep required (Attach Map):
Fire breaks will be cut along the east, south and western boundaries of the
property. If the fire lines are 8 -10 feet wide they will cover a total of 2
acres.
Collier Program: Appendix 5- 3
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land Mana ement e 85 of 144
Special Precautions (cultural resources, high Fuel loads, sensitive areas etc):
There are (6) houses located along the western boundary of the property (Fire
Department to protect). There is a golf course and fence to the south of the
property. There is a Red - Cockaded Woodpecker Cluster to the southeast of
the property. Power lines are present along the NW corner of the property.
Multiple homes across canal to the north and west could be affected by smoke.
Monitoring Needs (Pre- and post -burn, photos etc.):
The entire site should be monitored for red - cockaded woodpecker cavities and
gopher tortoise burrows prior to any mechanical work (clearing fire lines or
fuel reduction). Photo points need to be taken before burning with a
vegetation profile board present in all photos at each point.
General Intended Firing Procedures (describe
Minimum Mop -up
start, pattern, detail on burn zone map- attach):
Standard:
Various firing techniques will be used. Burn will
A minimum of 25 feet
only be conducted with a northerly wind. A test fire
from the perimeter fire
will be started in the southernmost section of the
lines. Any burning or
property and a black line will be extended across the
smoldering snags
southern line. A slow backing fire will most likely
within 30 feet should
be the main technique used however, spotting
be cut down or if
throughout, back burning around large pines and
possible extinguished
away from houses and in short segments strip heads
with water and foam to
may be used. Fire will be brought from the south to
save the snag.
north slowly pulling the flanks up as the fire moves.
Changes will be made in the techniques subject to
Extensive mop up will
changes in the weather conditions.
be needed in the
previously burned
One crew member will take weather readings once
areas to extinguish
an hour.
snags - approximately
14 acres
Conservation Collier Program: Appendix 5- 4
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land Manaeement Ilene 86 of 144
General Safety, Escape Routes, and Safety Zones (describe trigger points and
precedures, identify locations and medical plan):
Hazards: power lines in NW corner, snags, venomous snakes, stinging insects,
gopher tortoise burrows, fire ants, poison ivy
Escape Routes: Fire lines to Blue Sage Drive to Brantley Blvd. Driveway out to
Blue Sage in the NW portion or Fire Break (Canal Easement) along north side
of property (SEE MAP)
safety Zones: The canal roads. Anywhere on Blue Sage Drive, or in the black
(already burned areas)
Hospital locations:
1) Physicians Regional Hospital 6101 Pine Ridge Road / and I -75
Phone / main number -: 348 -4000 or
2) North Collier Hospital- 11190 Heath Park Blvd. Naples, FL
off Immokalee Road Phone / main number - 348 -4000
Contingency Plan for Escaped Fire ( describe tactics, fall back points, additional resources, water fill
locations):
-All crew members should notify their crew bosses of any spotting or escapes.
Crew bosses should then notify the burn boss. All ignitions should stop
immediately until the spots/ escapes are suppressed.
- Suppress all spot -overs with hand tools and water (use foam to extend water
use) and at last resort heavy machinery to cut lines ahead of the fire.
-If the spot/escape cannot be suppressed with crew and equipment on site,
DOF dispatch should be called immediately to provide back up. Also notify
the Collier County Fire Department and Sheriffs department.
-In an emergency situation, all radio communication should be minimized to
the relevant personnel to the emergency situation. Burn boss will make
tactical decisions and will assume command as Incident Commander until
relieved if need be.
Conservation Collier Program: Appendix 5- 5
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land Management Agee 87 of 144
Water Sources: Brush Trucks, Fire Department trucks and tanker trucks
Water can also be drafted out of the adiacent canal to the north and west
Public/ Media Relations (assign a representative crew member):
A press release will be published by the County Public Relations department to notify the Naples Daily
News, Television and Radio Stations.
Public Meetings will be held prior to burning and DOF homeowner letters will be mailed out the week
before we plan to burn. Door tags to the immediate neighbors will be posted the week of the burn.
The Office of the County Manager and the Board of County Commissioners will be notified
Local Fire Departments and police (Collier County Dispatch Office)
Weather/Fire
Preferred
DOF /NWS Fire
Actual Weather/Fire
Behavior Factors
Conditions
Feather Forecast
Behavior Ranges
Temperature
45/87 degrees F
(min/max)
Relative humidity ( %)
35 % or greater
20' Winds (Dir &Speed mph)
Dir -NW preferred
(20' above Ht. of vegetation)
Or N or NE
Speed -5 -15 mph
Mid -Flame Wind Speed
Min: 3
(eye -level winds, mph)
Max: 12
Minimum Mixing Ht. (It)
>1700
Transport Winds (dir & speed,
Dir.: N, NE, NW
mph)
Speed: 8 -25
mph
Dispersion Index
Day: 45 or above
LVORI (night visibity
< 7
Index:l =low fog potential,
>5fog like)
Fine Dead Fuel Moisture
7 -17%
(FFM)
Rate of Spread (ch/hr or
Head:
ft/min)
Back: 1 -4 mph
Conservation Collier Program: Appendix 5- 6
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land Management Am a 88 of 144
Flame Length (ft)
Head: 1 -3 ft.
Back: 1 -5 ft.
Days since
Rain (.5")
On -site
KBDI
100-
550
Estimated Start Time: 9 -10 a.m.
Estimated End Time: 6:00 pm or until the
tire is out.
Preferred Time of year: October or November, January at the latest
Prescription Author: Christal Segura
Date:
Title: Environmental Specialist
Prescription Reviewer:
Date:
Burn Boss:
Burn Boss Signature:
Burn Date:
Burn Boss CPRM #:
Notification Checklist
and Emergency
Contacts (Preserve and Zone specific)
General Location of the Burn: NW corner of Section 24, North Bell Meade, West of 951, south of
White Blvd. North of Brantley Blvd, East of Blue Sage Drive
Agency/ Position
Name
Phone Number (s)
When Called, who
spoke to
Office
Division of Forestry
Dispatch
(239) 690 -3500
Forestry Area Supervisor
Joe Lecea
(239) 229 -1732
Local Fire Dept.
Golden Gate
Law Enforcement
Collier County
(239) 695 -2301
Collier Control
(239) 793 -9300
Adjacent Landowners:
(Blue Sage Drive)
Tim and
Dorothy Hohl
Rod and Sue
Eliason
Conservation Collier Program: Appendix 5- 7
Item # 16E8
September 23, 2008
Nancy Pa on Preserve Land Nana ement ft a 89 of 144
Conservation Collier Program: Appendix 5- 8
Beverly Berk
Ben and Gene
Tseng
Allen Uhl
Media Contacts:
Radio
Naples Daily News
Commissioners office
(239)252 -8097
County Manager
(239)252 -8383
Emergency Numbers:
County Contact
Operations
(239) 252 -8380
Ambulance
Collier EMS
(239)774 -8459
Hospital
North Collier
Hospital
(239) 348 -4000
Hospital with
Helipads/ Burn
Center
North Collier
Hospital (NCH) -
Life Flight
(239) 695 -9300
Communication methods/ problems concerns:
Conservation Collier Program: Appendix 5- 8
Item # 16E8
September 23, 2008
Rgtle 90 of 144
Medical Emergency Procedures:
1. Clear mdio communication 2. Contact Burn Boss 3. Call 91 1
A. Stabilize victim and provide first aid 5.'Ch-anspon tiY applicable) to designated sah area
B -a medical emergency takes place. 911 needs to be called immediatcll . 1 he burn loss and Line bosses all need to be
notified of all medical situations. The barn hors will then coordinate the logistics of nueaing die
ambuhmcelitcheopter and the travel arrangements that need to he made.
In the event that the burn boss has to take the injured personnel «) dhc rescue team- a litre boss with be assigned
temporary burn toss status until the original horn boss is back on scene.
Helicopter Landing Site Coordinates:
Primary site for this burn will be: 261 V 52" 1, 91" 41 * 16" w'
Secondary site will be:
Conservation Collier Program: Appendix 5- 9
Preserve Name:
t
Zone:
Mr ,11 4t
Pre -burn
preparations
On site:
On site:
Urban Interface Burn
Using staff not familiar with preserve
_. Preserve Perimeter lire break prepared
C 1 Map of entire preserve
E Contingency Fire hivaks prepared
- roads fabled
— Contingency Plan for interface defense
-gates shown
..,. Law Enforcement support arranged
-gate combinations listed
High fuel Burn Zone
I Emergency Contact Information provided
_. Fire Breaks 2x as wide as fuel height
Staff toured the burn zone prior to ignition
[-� Extra Staff
.. Escape routes identified
Extra equipement
_ Ohientation to all new equipment on fire
r DOF plow unit on scene for stand by if needed
Radios with correct frequency, group
Duff and muck dryness assessed and factored in
.. Natural Breaks will hold
Off Site:
Other:
�. Dear neighbor letter /postcards distributed
u Law enforcement arranged
Road signs available if needed
Adjacent landowners notified
Conservation Collier Program: Appendix 5- 9
Item # 16E8
September 23, 2008
NaneyP&"MFraserte xll Mme°" MM4e 91 of 144
❑ Bum Phm complete and all preaxiption requisites met
❑ Natural breaks and ogmw sails we wet enough so atop tiro and not caeate duff faro
❑ Limant and projected weather fasecast obtained and favorable
❑ Smdre screening preformed and doamented
❑ Authos®oionobtained
❑ Adjacent landownets notified and local contacts made
❑ All egaipmaot and persound required an scene and My operational
❑ Bach crow member is qualified ❑ Has Proper PPE OHas a map
❑ C ww mcanbers bridal and given oppostonay to dWbW pasticipetion
❑ Copy of paeacriptwn in each engine for cmcwwm
❑ Teat Fee Soccessfnl
❑ lbjecthm of bun
❑ Expected weather
❑ C4ewasdgoments
❑ Ignition Pattern , tactics, kdwdgnm
❑ Hwm& reviewed (fads, spottlo& points of caaceW
❑ Medical coonem (asthms, spatting, Pouts of cow=)
❑ Escape mates and safely zones identified
❑ Castiogeocy plan for fire escape, a iergencies
❑ Location of extra a uipmeat, fad , water, keys , nearest wu= of amistu=
❑ Ca®omcaticas reviewed, radios tested, authority explained
❑ Spatial imUactions regarding smoloe menegemess, contact with me public
❑ (Yew questions answered
❑ Croy given option to decline par icipation
Conservation Collier Progeanx Appendix S- 10
Item # 16E8
September 23, 2008
Nancy Payton Preserve Iand Management Ilene 92 of 144
Explanation of Exceptions (if any item that applies to the burn is not checked, Burn Boss must provide an
explanation of the burn to proceed):
Date of Burn:
Burn Boss:
Collier County - Prescribed Burn
Procedures -Day of Burn
Preserve Name:
Date of Burn:
Evaluation Date:
Total Acres / Fire type acres to be burned
DOF landowner #:
DOF Customer #:
DOF Authorization Number:
Time Started:
Time Ended (Mop -up ended)
# Crew:
Contact Local Authorities /Adjacent Landowners/ Media (use call/notification sheet)
Explanation of any deviations from Prescription (document throughout process if different than prescription
Smoke Dispersal Problems (Describe any and detail any actions taken):
Any problems (Describe in detail how handled, escapes, spots):
Equipment problems, issues, need repair:
General observations of Interest (wildlife, areas of burning vs. not burned, old trees, etc.):
Follow up plans, night checks, mop -up checks:
Immediate Post Burn Evaluation (conducted within one week)
Conservation Collier Program: Appendix 5- 11
Item # 16E8
September 23, 2008
ft§e 93 of 144
How were the resource management objectives met?
Are there areas that didn't burn that need to burn next time?
Did you ignite any organic soils (duff/muck)?
Estimate Percent of live crown consumption in %:
Was this the amount desired?
Complaints received:
How would you improve the next burn?
Recheck Burned zones tonight and tomorrow for Flare -ups
Burn Boss/CPFM #:
Collier County Prescribed Burn
Crew Assignments
Preserve Name:
Date:
Time:
Names (Print)
Position and Assignment
Equipment assigned
Agency
Burn Boss
Ignition Crew Boss
Holding Crew Boss
Weather
- Positions: division supervisor, Burn boss/ Incident commander, Crew Boss, engine boss, ignition boss, holding boss,
engine crew, ingnition crew, holding crew, weather crew, trainees, lookout
Conservation Collier Program: Appendix 5- 12
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land Management ft a 94 Of 144
ACTIVITY LOG
TIME Major events, highlights, weather changes, fire behavior,
iniuries, wildlife observations etc.
Prepared by:
Conservation Collier Program: Appendix 5- 1
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Item # 16E8
September 23, 2008
Page 98 of 144
Collier County
Post -Burn Evaluation
Preserve: Name:
Burn Date:
Burn Zone:
Evaluation Date:
Evaluation Prepared by: Title:
List Resource Management Objectives from Prescription:
1)
2)
3)
4)
Were the resource mgt. objectives met? How? Were they met throughout the entire zone? Show on map
Were any hardwoods impacted? Sketch any pattern on map
Was any pine over -story impacted? List % Scorch - Sketch pattern and explain
Give description of understory height changes, species composition changes, shrub top kill or reduction, blooming
responses, regeneration, etc.
Discuss any changes in vegetation due to firing techniques or weather before during & after burn
Are there unburned areas that need to burn in the future?
Are there any treatments needed now other than lire (herbicide, mechanical)
How would you improve the fire treatment next for future burns?
Recommended date of next burn?
Attach: map with notes
Conservation Collier Program: Appendix 5- 17
Nancy Payton Preserve Iand Management Plan
MAPS NEEDED
Location Map (Attached)
Aerial view of site (Attached)
Smoke Management map (Attached)
Ignition Plan Map (Attached)
Map labeling safety zones, escape routes, hospital locations (Attached)
Post Burn Evaluation Map (to be created after burn)
Conservation Collier Program: Appendix 5- 18
Item # 16E8
September 23, 2008
Page 99 of 144
Item # 16E8
September 23, 2008
Nancv Payton Preserve land Management Plan Page 100 of 144
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Conservation Collier Program:
Appendix 5- 20
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Item # 16E8
September 23, 2008
Page 101 of 144
Item # 16E8
September 23, 2008
Nancy Payton Preserve land Management Plan page 102 of 144
Conservation Collier Program: Appendix 5- 21
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Conservation Collier Program: Appendix 5- 23
Item # 16EB
September 23, 2008
Page 104 of 144
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Item # 16E8
September 23, 2008
Page 106 of 144
Nancy Payton Preserve Land Management Plan
Appendix 6: Safe Harbor Agreement with FFWCC and USFWS
FLORIDA
STATEWIDE
RED - COCKADED WOODPECKER
SAFE HARBOR AGREEMENT'
May 2006
' This is the general Statewide Safe Harbor Agreement — management obligations specific to Nancy Payton
Preserve will be added as attachments and will be brought to the CCLAAC and BCC for review and
approval upon completion
Conservation Collier Program: Appendix 6 -0
Item # 16E8
September 23, 2008
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Nancy Payton Preserve Land Manasement Plan
FLORIDA STATEWIDE RED- COCKADED WOODPECKER
SAFE HARBOR AGREEMENT
1.0
Introduction .......................................................................................... ..............................1
2.0
Authority and Purpose ........................................................................ ..............................2
2.1 Authority ................................................................................... ..............................2
2.2 Purpose .................................................................................... ..............................2
3.0
Goals and Objectives ............................................................................ ..............................3
4.0
Net Conservation Benefits .................................................................... ..............................3
5.0
Background ......................................................................................... ..............................4
5.1 Description of the Agreement Coverage Area ........................... ..............................4
5.2 Description of the Covered Species .......................................... ..............................4
5.3 Description of the Existing Conditions ..................................... ..............................4
6.0
Safe Harbor Management Agreement and Certificates of Inclusion ...........................5
6.1 Enrollment Procedures .............................................................. ..............................5
6.2 Content of SHMAs .................................................................... ..............................6
7.0
Agreement Implementation ............................................................... ..............................7
7.1 Management Activities ............................................................. ..............................7
7.2 Baseline Considerations ........................................................... .............................11
7.2.1 Baseline Conditions ..................................................... .............................11
7.2.2 Determining Baseline Conditions ................................ .............................11
7.2.3 Maintaining the RCW Baseline ................................... .............................13
7.2.4 Baseline Adjustment., ................................................................................
14
7.2.4.1 Loss of Baseline Groups .................................. .............................14
7.2.4.2 Shifting Baseline .............................................. .............................15
7.3 Incidental Take ........................................................................ .............................16
7.4 Emergency Salvage Harvest Situations ................................... .............................17
8.0
Monitoring and Reporting ................................................................ .............................17
8.1 Commission Monitoring and Reporting Responsibilities ......... .............................17
8.2 Enrolled Property Owners Monitoring and Reporting Responsibilities ................18
9.0
Responsibilities .................................................................................... .............................18
9.1 The Service .............................................................................. .............................18
9.2 The Commission ....................................................................... .............................19
9.3 Shared Responsibilities of the Parties ...................................... .............................19
9.4 Enrolled Property Owners ........................................................ .............................19
10.0
Assurances to Enrolled Property Owners ....................................... .............................19
11.0
Agreement Management .................................................................... .............................20
11.1 Amendments ............................................................................ .............................20
11. 1.2 Amendments of the Agreement ................................... .............................20
11.1.3 Amendments of the Permit .......................................... .............................21
11. 1.4 Amendments of the SHMA and Certificates of Inclusion ........................21
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Nancy Payton Preserve Land Management Plan
11.2 Termination of the Agreement ................................................. .............................21
Additional documents associated with this agreement:
Appendix 1 National Historic Preservation Act
Appendix 2 Safe Harbor Management Agreement
Attachment A — Evaluation Form
Attachment B — Property Owner Map
Attachment C — Neighboring Lands Map
Attachment D — Certificate of Inclusion
Attachment E — Annual Monitoring Form
RCW Clusters Attachment — RCW Cluster Information Form
Conservation Collier Program: Appendix 6- ii
11.3 Termination of the SHMAs ..................................................... .............................22
11.3.1 Enrolled Property Owner ............................................. .............................22
11.3.2 The Commission and the Service ................................ .............................22
12.0
Permit Suspension or Revocation ..................................................... .............................23
13.0
Renewal of Agreement ....................................................................... .............................23
14.0
Renewal of SHMAs ............................................................................ .............................23
15.0
Succession and Transfer .................................................................... .............................23
16.0
Cessation of Issuance of SHMAs ...................................................... .............................24
17.0
Neighboring Property Owners .......................................................... .............................24
18.0
Dispute Resolution ............................................................................. .............................25
19.0
Availability of Funds.. .....................................................................................................
25
20.0
Remedies ............................................................................................. .............................25
21.0
No Third Party Beneficiaries ............................................................ .............................25
22.0
Other Federally Listed Species ......................................................... .............................25
22.1 Property Owner Notification Requirement for Other Listed Species ...................26
23.0
Additional Management Activities ................................................... .............................26
24.0
Adaptive Management Provisions .................................................... .............................26
25.0
National Historic Preservation Act - Section 106 .............................. .............................27
26.0
Access to Enrolled Property Owners' Property .............................. .............................28
27.0
Subordination of SHMAs .................................................................. .............................28
28.0
Notice and Reports ............................................................................. .............................29
29.0
Authorizing Signatures ...................................................................... .............................30
30.0
Defined Terms .................................................................................... .............................31
31.0
Literature Cited ................................................................................. .............................33
Additional documents associated with this agreement:
Appendix 1 National Historic Preservation Act
Appendix 2 Safe Harbor Management Agreement
Attachment A — Evaluation Form
Attachment B — Property Owner Map
Attachment C — Neighboring Lands Map
Attachment D — Certificate of Inclusion
Attachment E — Annual Monitoring Form
RCW Clusters Attachment — RCW Cluster Information Form
Conservation Collier Program: Appendix 6- ii
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Nancy Payton Preserve Land Management Platt p age 109 of 144
1.0 INTRODUCTION
This Safe Harbor Agreement (Agreement), effective and binding on the date of last signature
below, is between the Florida Fish and Wildlife Conservation Commission ( "Commission ") and
the U.S. Fish and Wildlife Service ( "Service ") (hereinafter collectively referred to as the
"Parties "):
Permittee: Division Director
Habitat and Species Conservation
Florida Fish and Wildlife Conservation Commission
620 South Meridian St.
Tallahassee, Florida 32399 -1600
Phone: (850) 410 -0656 ext. 17272
Fax: (850) 921 -7793
Administrator: Assistant Regional Director
Ecological Services
U.S. Fish and Wildlife Service
1875 Century Boulevard
Suite 200
Atlanta, Georgia 30345
Phone: (404) 679 -4156
`
Fax: (404) 679-7081
Agreement Name: Florida Statewide Red - cockaded Woodpecker Safe Harbor Agreement
( "Agreement" or "FL RCW SHA ")
Agreement/Tracking Number: TE 113463 -0
Agreement Duration: The duration of this Agreement is 99 years. This time period is believed
sufficient to allow a determination that the net conservation benefit(s) specified in the Agreement
will be met. The enhancement of survival permit (Permit) that the Service will issue the
Commission will have the same 99 -year duration.
This Agreement covers the following property: This Agreement covers all non - federal lands
within the State of Florida. The property of each Property Owner enrolled by the Commission
under this Agreement is considered the "enrolled property" as defined in the Service's Safe
Harbor Policy.
This Agreement covers the following species: Red - cockaded woodpecker (Picoides borealis)
(RCW). The RCW, a federally endangered species, is the only species for which incidental take
authority is sought. This species is considered the "covered species" as defined in the Service's
Safe Harbor Policy.
Conservation Collier Program: Appendix 6- 1
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Nancy Payton Preserve Land Management Plarf S age 110 of 144
2.0 AUTHORITY AND PURPOSE
2.1 Authority
Sections 2, 7 and 10 of the Endangered Species Act (ESA) of 1973, as amended, allow the
Service to enter into this Agreement. Section 2 of the ESA states that encouraging interested
parties, through Federal financial assistance and a system of incentives, to develop and maintain
conservation programs is a key to safeguarding the Nation's heritage in fish, wildlife and plants.
Section 7 of the ESA requires the Service to review programs that it administers and to utilize
such programs in furtherance of the purposes of the ESA. By entering into this Agreement, the
Service is utilizing its Endangered Species and related programs to further the conservation of
the Nation's fish and wildlife resources. Lastly, section 10(a)(1) of the ESA authorizes the
Service's issuance of enhancement of survival permits for listed species.
Article W, Section 9 of the Constitution of the State of Florida and Section 372.072, Florida
Statutes, provide the Commission with the authority to manage and conserve Florida wildlife.
2.2 Purpose
The FL RCW SHA establishes a program to allow numerous non - federal Property Owners in
Florida to be involved in the Agreement through Certificates of Inclusion ( "Certificates "), which
would be issued by the Commission under the terms of this Agreement and would convey the
take authorization of the official section 10(a)(1)(A) permit to the certificate recipient. The
Commission will receive a Permit that authorizes it to enroll Property Owners under the
provisions of this Agreement and to provide enrolled Property Owners with incidental take
authority for any RCWs and RCW habitat that are above each Property Owner's RCW baseline
responsibilities (Section 7.2). Participating Property Owners that voluntarily agree to
beneficially manage for RCW habitat on their property with measures that are sufficient to meet
the provisions and intent of the Agreement will work with the Commission to develop a Safe
Harbor Management Agreement ( "SHMA "). The SHMA signed by the Commission and any
non - federal Property Owner is subject to all of the terms and conditions of this Agreement and
Permit.
RCW populations located on non - federal lands have presented problems for Property Owners
whose land management objectives are incompatible with the RCWs specific habitat
requirements. In some cases, management objectives for non - federal lands could include having
mature pine communities that would be beneficial for RCWs, but Property Owners fear that
having mature pine forests may attract RCWs (or more RCWs) to their lands and, in turn, result
in increased land use restrictions. In such cases, the Property Owner's only alternative may be to
manage his or her land so that it is unsuitable for RCWs. These disincentives for providing
x As used in this context, "take" is as defined in 16 U.S.C. 1532(19) and means "to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct' and includes the meanings of
those terms as defined in 50 C.F.R. § 17.3; "Incidental" in this context is as defined in 50 C.F.R. § 402.02 and refers
to takings that result from, but are not the purpose of, carrying out an otherwise lawful activity.
Conservation Collier Program: Appendix 6- 2
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land Management PlanPage 111 of 144
mature pine forest work against RCWs and have contributed to past RCW population declines, a
significant reduction in the amount of RCW habitat on private lands, and the RCW distributions
seen today both range -wide and in Florida.
The purpose of this Agreement is to provide a simple and programmatic method for the
Commission to collaborate with non - federal Property Owners in order to implement
management activities for the RCW while providing participating Property Owners with the
regulatory assurances allowed by the Service's Safe Harbor Policy and regulations. Through this
Agreement, the Parties will seek to conserve and maintain the existing number of occupied RCW
territories in Florida and encourage the development of new RCW territories on the enrolled
properties of Property Owners who participate under this Agreement. Meeting with forest
Property Owners throughout the State of Florida and encouraging those Property Owners to
incorporate the use of typical RCW management methods in their forest management activities
will accomplish these objectives.
3.0 GOALS AND OBJECTIVES
This Agreement was developed to address the needs of both Florida's private forest Property
Owners and RCWs, and it has the following goals:
1. To enhance and/or establish RCW populations on properly managed sites through long-
term management commitments by private Property Owners in Florida;
2. To remove the disincentives that work against management of RCW populations and
suitable RCW habitat on private lands in Florida; and
3. To provide benefits to other species and plant communities which share habitat with
RCWs through a shift toward management for more natural conditions on private lands.
4.0 NET CONSERVATION BENEFITS
The primary objective of this Agreement is to encourage non - federal Property Owners to
undertake voluntary management activities that will benefit RCWs and other inhabitants of open
pine forest ecosystems. The management activities to be undertaken as part of this agreement
are intended to provide significant conservation benefits to the RCW within the State of Florida.
The conservation benefits expected to result from this Agreement include:
1. 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.
2. Existing RCW populations will be maintained and enhanced through the installation of
artificial RCW nesting and roosting cavities.
Conservation Collier Program: Appendix 6- 3
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Nancy Payton Preserve Land Management Plar1 p age 112 of 144
3. 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.
4. Other RCW populations will be augmented through translocation of surplus subadult
RCWs from the enrolled property to suitable sites.
5. Suitable RCW habitat will be enhanced, restored, and/or created.
6. RCW habitat connectivity will increase as a result of habitat enhancement, restoration,
and creation efforts.
7. Additional information on RCW population productivity and demographics in Florida
will be obtained.
8. 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 rights
has focused on ESA - related habitat management restrictions.
It is likely that most SHMAs that will result from this Agreement will provide more than one of
the net conservation benefits listed above through implementation of one or more of the
management activities in section 7.1 of this Agreement. Each SHMA will identify the net
conservation benefits that will be achieved and are applicable to that particular agreement.
Further, since each management activity covered by this Agreement is specifically designed to
provide a net conservation benefit if implemented as described in this Agreement, the Parties
have ensured that each SHMA will provide a RCW net conservation benefit.
5.0
5.1 Description of the Agreement Coverage Area
Florida currently has 14.7 million acres of forested lands statewide. The majority of those lands
are owned by non - industrial private forest owners (53 %) with another 27% managed by
industrial forest owners and approximately 19% managed by federal, state and local
governments (Conner and Hartsell 2002). Approximately 8.6 million acres are pine - dominated
forests and of these approximately 5.6 million acres are longleaf /slash pine forest (Conner and
Hartsell 2002). Although RCWs are known to occupy a variety of pine forest types in Florida,
the open longleaf pine forests of north- central Florida and the Florida panhandle are currently the
strongholds for the species in Florida.
5.2 Description of the Covered Species
Conservation Collier Program: Appendix 6- 4
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A description of the RCW, its life history characteristics, distribution, and threats is contained in
the Service's biological opinion on issuance of the Permit associated with this Agreement, dated
[insert date of Opinion] which is hereby incorporated into this Agreement by reference. Other
thorough descriptions of RCWs and their life history can be found in the RCW Recovery Plan
(USFWS 2003), Ligon (1970), and Hooper et al. (1980). The RCW is federally listed as an
endangered species and state listed as a species of special concern. No critical habitat has been
designated for the species.
5.3 Description of the Existing Conditions
In Florida, the RCW is found in the Panhandle and throughout the Peninsula to northern Monroe
County. Florida contains two of the largest RCW populations that occur on public lands
(Apalachicola Ranger District -- Apalachicola National Forest; Eglin Air Force Base) in addition to
many other public lands with the potential for populations greater than 100 groups. There are an
estimated 55 to 85 groups of RCWs on private lands in Florida with the largest concentrations
lying in the South -central and Southern Peninsula management units (FWC 2003).
Habitat conservation is important to the RCW on private lands. Florida's "Management Plan for
the Red - cockaded Woodpecker" (FWC 2003) calls for the recovery of metapopulations in six
management units centered on the federal land base and state -owned properties; however, it also
recognizes the importance of private lands conservation to overall recovery. Non - federal land
conservation can serve to boost recovery efforts by creating buffers around existing recovery
populations, by linking populations on federal lands or state lands with other functioning
populations, by providing subadult birds for regional translocation programs, and by simply
protecting valuable habitat (Costa and Edwards 1997).
6.0
Implementation of the contemplated program will require execution of the Agreement and
issuance of the Permit to the Commission by the Service. The Commission could then enroll non-
federal Property Owners under the provisions of the Agreement. Property owned by the State of
Florida will not be eligible for enrollment under this Agreement, because these properties have
been identified as essential to the recovery of the red - cockaded woodpecker in Florida.
Examples of state -owned property in Florida that are ineligible for enrollment in this Agreement
include, among others, all State Forests, State Parks, Wildlife Management Areas and Water
Management District -owned lands.
6.1 Enrollment Procedures
The property of each Property Owner enrolled by the Commission under this Agreement is
considered the "enrolled property" as defined in the Service's Safe Harbor Policy. However, each
property applying for enrollment must be able to show a net conservation benefit for RCWs.
The Commission shall consider Property Owners that apply for safe harbor only on property that
Conservation Collier Program: Appendix 6- 5
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September 23, 2008
Nancy Payton Preserve Land Manaeement PlanPage 114 of 144
currently is, or that has the potential to be, RCW habitat. In order to enroll a property under the
terms of this Agreement, the Commission and the Property Owner must enter into a SHMA
(Appendix 2). A Property Owner who enters into a SHMA will be issued a Certificate
(Attachment D to Appendix 2) under the Commission's Permit. The Certificate will provide
regulatory assurances to the Property Owner based on the baseline conditions of the Property
Owner's property (See Section 7.2). The expiration date of the signed SHMA and Certificate will
be no later than the expiration date of the Commission's Permit, which is requested for 99 years.
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.
Commission staff will meet with Property Owners that are interested in RCW conservation.
Persons eligible to enter into a SHMA include non - federal, non -state Property Owners. Property
Owners who agree to implement voluntary RCW management activities that are sufficient to meet
the provisions and intent of this Agreement, the Permit, and the Service's Safe Harbor Policy
(published at 64 Federal Register 32717) may enter into a SHMA (Appendix 2) with the
Commission that describes the enrolled property and identifies the baseline conditions that will be
maintained, the management activities that will be undertaken by the Property Owner to benefit
the RCW, and the RCW net conservation benefit(s) that will be achieved. Both the Property
Owner and the Commission must sign the SHMA for it to be valid. Once the Commission and a
Property Owner sign a SHMA, the Property Owner will be issued a Certificate (Attachment D to
Appendix 2), which contains the Property Owner's authorization to take above - baseline RCWs
and habitat and the other regulatory assurances that are provided by the Permit to the Property
Owner.
6.2 Content of SHMAs
Each SHMA shall, among other things:
1. Specify the species and/or habitats covered, including foraging habitat conditions (stands,
basal area, etc), and identify the enrolled property' (such as total acreage being enrolled,
existing habitats, property boundaries, appropriate maps depicting foraging partitions for
each baseline cluster and property boundaries) covered by the SHMA;
2. Fully describe the agreed -upon baseline conditions that will be maintained for the covered
species on the enrolled property;
3. Identify how the baseline was determined, when and how the baseline surveys were
conducted, and whether the baseline was established based on already -known information
or other factors;
' Enrolled Property Description: All SHMAs between a Property Owner and the Commission will identify the total
number of acres included in the SHMA and include a description of the habitats present, the existing and predicted
land uses on the enrolled property, and the boundaries of the enrolled property. A legal boundary description will be
used, and an accurate map or maps will be used to identify and characterize the enrolled property. The enrolled
property may or may not include all of a particular Property Owner's property. However, the Parties anticipate that
for most SHMAs, entire parcels will be used as the enrolled property to enable the Property Owner to receive the
maximum coverage of the Permit's regulatory assurances.
Conservation Collier Program: Appendix 6- 6
Item # 16E8
September 23, 2008
--- Nancy Payton Preserve Land Management Platpage 115 of 144
4. Identify management actions in accordance with Section 7.1 of this Agreement that would
be undertaken to accomplish the expected net conservation benefit to the covered species,
where and when the benefits would be achieved, and the agreed upon time frames these
management actions will remain in effect to achieve the anticipated net conservation
benefits;
5. Describe any incidental take associated with the management actions during the term of
the SHMA;
6. Incorporate a notification requirement that provides the Commission and/or the Service
the opportunity to translocate individuals of the covered species before the occurrence of
any habitat altering activity that could result in authorized incidental take;
7. Describe the activities that would be expected to return the enrolled property to baseline
conditions and the extent of incidental take that would likely result from such activities;
8. Identify a schedule for monitoring the baseline conditions of the enrolled property,
implementation of terms and conditions of the SHMA, and any incidental take as
authorized in the Certificate, and the parties responsible for such monitoring activities;
9. Incorporate a requirement for the enrolled Property Owner or their agent to obtain any
necessary state or federal permits for activities such as capturing, banding, reintroducing,
etc. that is planned; and
10. Incorporate a procedure for notifying and transferring the Certificate to any successor in
interest, where appropriate.
7.0 AGREEMENT IMPLEMENTATION
7.1 Management Activities
The Commission may enter into a SHMA with, and issue a Certificate of Inclusion to, Property
Owners who voluntarily agree to implement one or more of the management activities identified
below. The specific management activities that will be identified in the SHMA and implemented
by the Property Owner will likely vary on a case -by -case basis due to site - specific factors, which
include, but are not limited to, whether or not RCW s are present on the enrolled property, the age
and condition of the pine forest stands present on the enrolled property, and the Property Owner's
forest management goals and objectives. However, all SHMAs will require the Property Owner
to describe the nature, extent, timing, and other pertinent details of the management activities that
he or she will voluntarily undertake to provide a net conservation benefit, including a schedule for
implementation of the management activities. SHMAs will also describe how the management
activities will benefit the RCW.
In some cases, implementation of only one management activity may be necessary in a SHMA to
achieve the required net conservation benefit, whereas, in other situations, more than one
conservation measure may be necessary to achieve the net conservation benefit (e.g., such as in
degraded forest habitat). It is the privilege of the Commission to determine if more than one
management activity would be necessary to meet the conservation benefit standard. However, the
Commission will, as part of all SHMAs that they enter into, ensure that the management activities
covered by each SHMA will result in the required net conservation benefit. If a
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particular Property Owner does not agree to implement at least one of the following management
activities, as described below, the Commission will not enter into a SHMA. The management
activities described below will be used by the Commission to determine if the net conservation
benefit standard will be met, when it will be met, and, thus, if the Commission can enter into a
SHMA with a particular Property Owner:
Prescribed Fire — A management activity that a Property Owner may agree to through a
SHMA is to maintain or increase his or her use of prescribed fire on the enrolled property
and agree that prescribed fires will occur under any of the following circumstances:
(a) The Property Owner conducts prescribed fires on a regular or recurring basis
within areas of the enrolled property that are occupied RCW habitat and continues
to maintain or enhance those areas by use of prescribed fire. This will provide an
immediate RCW net conservation benefit.
(b) The Property Owner conducts prescribed fires on a regular or recurring basis
within areas of the enrolled property that are potentially suitable RCW nesting or
foraging habitat in order to restore or enhance the areas as RCW habitat. This
will provide an immediate RCW net conservation benefit.
(c) The Property Owner conducts prescribed fires on a regular or recurring basis
within areas of the enrolled property that are unsuitable RCW habitat, for a period
sufficient for the habitat to either become occupied by RCWs or to become
potentially suitable RCW nesting or foraging habitat. The net conservation
benefit will not be achieved until the areas where prescribed fires were conducted
either become occupied by RCWs or become potentially suitable RCW nesting or
foraging habitat. This may also mean that the Property Owner may have to
implement other management activities, such as a forest management strategy,
that could benefit RCWs, in order for net conservation benefit to be achieved at
an earlier date.
2. Timber Management — A management activity that a Property Owner may agree to
through a SHMA is to maintain or implement a forest management strategy or plan on
the enrolled property that would provide the habitat RCWs require. In general, this
would entail the Property Owner's use of the Private Land Guidelines for RCW habitat in
Appendix 5 of the RCW Recovery Plan (USFWS 2003). An eligible timber management
strategy or plan would include any of the following circumstances:
(a) The Property Owner implements or maintains a timber management strategy or
plan that maintains or enhances occupied RCW habitat. This will provide an
immediate RCW net conservation benefit.
(b) The Property Owner implements or maintains a timber management strategy or
plan that maintains or enhances existing habitat that is potentially suitable RCW
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nesting or foraging habitat. This will provide an immediate RCW net
conservation benefit.
(c) The Property Owner implements or maintains a timber management strategy or
plan that restores habitat to a condition that will, in the future, provide potentially
suitable RCW nesting or foraging habitat. The net conservation benefit will not
be achieved until the areas where the timber management strategy or plan was
implemented or maintained either become occupied by RCWs or become
potentially suitable RCW nesting or foraging habitat. This may also mean that the
Property Owner may have to implement other management activities in order for
net conservation benefit to be achieved at an earlier date.
3. Hardwood Control — A management activity that a Property Owner may agree to through
a SHMA is to control hardwood canopy and midstory encroachment in pine forest stands
on the enrolled property in any of the following circumstances:
(a) The Property Owner controls hardwoods in occupied RCW habitat through the
use of mechanical or chemical methods or through the use of prescribed fire so
that the hardwood density guidelines contained in Appendix 5 of the RCW
Recovery Plan (USFWS 2003) are met. This will provide an immediate RCW net
conservation benefit.
(b) The Property Owner controls hardwoods in potentially suitable RCW nesting or
foraging habitat through the use of mechanical or chemical methods or through
the use of prescribed fire so that the hardwood density guidelines contained in
Appendix 5 of the RCW Recovery Plan (USFWS 2003) are met. This will
provide an immediate RCW net conservation benefit.
(c) The Property Owner controls hardwoods on a regular or recurring basis within an
enrolled property that is unsuitable RCW habitat so that the hardwood density
guidelines contained in Appendix 5 of the RCW Recovery Plan (USFWS 2003)
are met, but, in this situation, the Property Owner will also agree to control
hardwoods for a period sufficient for the habitat to either become occupied by
RCWs or to become potentially suitable RCW nesting or foraging habitat. The
net conservation benefit will not be achieved until the areas where hardwood
control is conducted either become occupied by RCWs or become potentially
suitable RCW nesting or foraging habitat. This may also mean that the Property
Owner may have to implement other management activities, such as maintaining
a suitable pine forest density for RCWs, in order for net conservation benefit to be
achieved.
4. RCW Cavity Installation and Maintenance — A management activity that a Property
Owner may agree to through a SHMA is to install artificial RCW cavities, which includes
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nest boxes and/or drilled cavities, or to install cavity restrictors on enlarged but otherwise
suitable cavities on the enrolled property under any of the following circumstances:
(a) The Property Owner installs artificial RCW cavities on the enrolled property in
occupied RCW clusters that are cavity- deficient (i.e., each RCW present does not
have its own complete cavity in which to roost) such that each RCW in the cluster
has its own complete cavity for roosting. However, each cluster shall have no
fewer than four (4) complete cavities. This will provide an immediate RCW net
conservation benefit.
(b) The Property Owner installs cavity restrictors on enlarged but otherwise suitable
cavities on the enrolled property in occupied RCW clusters such that each RCW
cluster has a minimum of four complete cavities that can be used by RCWs. This
will provide an immediate RCW net conservation benefit.
(c) The Property Owner installs and maintains artificial cavities at appropriate sites
on the enrolled property in potentially suitable, unoccupied nesting habitat and at
least four (4) complete cavities are installed per site. This will provide an
immediate net conservation benefit.
5. RCW Population Mana eg ment — A management activity that a Property Owner may
agree to through a SHMA is to implement certain RCW population management
activities on the enrolled property and agree that the RCW population management
activities will occur under any of the following circumstances:
(a) The Property Owner translocates pairs of surplus, unrelated, subadult RCWs into
unoccupied, suitable habitat on the enrolled property and such translocations are
approved by the Commission and the Service prior to their implementation. The
Property Owner also would ensure that at least four suitable RCW cavities are
available per potential breeding pair that is translocated. The RCW net
conservation benefit will be achieved upon the successful translocation of the
surplus RCWs to the enrolled property.
(b) The Property Owner translocates surplus, unrelated, subadult RCWs into RCW
territories on the enrolled property that are occupied by a single (male or female)
RCW and such translocations are approved by the Commission and the Service
prior to their implementation. The Property Owner also would ensure that at least
four suitable RCW cavities are available per potential breeding pair. The RCW
net conservation benefit will be achieved upon the translocation of the surplus
RCW(s) to the enrolled property.
(c) The Property Owner allows the Service or the Commission to remove surplus
subadult RCWs from the enrolled property to augment other RCW populations if
such removal will not affect the Property Owner's baseline responsibilities. The
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RCW net conservation benefit will be achieved upon the removal of the surplus
RCWs.
6. Forest Mana ement — A management activity that a Property Owner may agree to
through a SHMA is to manage the pine forest stands on the enrolled property under any
of the following circumstances:
(a) The Property Owner plants appropriate pine species to be determined by the
Commission, i.e., longleaf pine (Pinus palustris), slash pine (P. elliottii), or south
Florida slash pine (P. elliottii var. densa), on the enrolled property, maintains
those pines for at least 40 years, and thins those pines at intervals sufficient to
ultimately result in potentially suitable RCW foraging habitat at the end of 30
years. The net conservation benefit will be achieved once the pine stands reach
30 years of age and meet the RCW foraging habitat density thresholds established
in guidelines in Appendix 5 of the RCW Recovery Plan (USFWS 2003).
(b) The Property Owner maintains natural or planted pine forest stands on the
enrolled property for a time period sufficient for the stands to become either
potentially suitable RCW foraging (i.e., >30 years) or nesting/roosting (i.e., >60
years) habitat. The net conservation benefit will be achieved once the stands
reach the chosen age (i.e., either 30 or 60 years) and meet the RCW foraging or
nesting habitat densities established in the guidelines in Appendix 5 of the RCW
Recovery Plan (USFWS 2003).
(c) The Property Owner maintains groups of pine trees that are at least 60 years old
and cover 10 acres or more to serve as potential RCW cavity trees and clusters
and the groups of pine trees are within or adjacent to existing or future RCW
foraging habitat. This will provide an immediate net conservation benefit if
existing RCW foraging habitat is already present. If only future foraging habitat
exists, the net conservation benefit will be achieved once the future foraging
habitat is at least 30 years old.
Future Conservation Measures — There may be a time in the Future when the Service
identifies a conservation measure, based on future RCW research, which may be
identified as critical in the recovery of the covered species. The Commission and the
Service will allow enrolled landowners, with concurrence by both the Commission and
the Service to choose any of these conservation measure(s) as their voluntary RCW
management action(s). This will provide an immediate net conservation benefit.
7.2 Baseline Considerations
7.2.1 Baseline Conditions
The Safe Harbor Policy defines "baseline conditions" as "population estimates and distribution
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and/or habitat characteristics and determined area of the enrolled property that sustain seasonal
or permanent use by the covered species at the time the Safe Harbor Agreement is executed ".
Enrolling Property Owners and the Commission will utilize the methods described in the RCW
Recovery Plan (USFWS 2003), or any successor document that may be in effect at the time a
particular Property Owner enters into a SHMA, to determine the number and composition of the
RCW groups present on the property, if any, and, thus, the Property Owner's baseline
responsibilities. These baseline responsibilities will typically be expressed in terms of the
number of potential breeding groups and solitary bird groups and/or the number of active
clusters. In either case, the baseline will also include a description of the required foraging
habitat (total basal area and acres) for each group or active cluster. 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.
7.2.2 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- growth pines are relatively rare throughout the south and remnants (both single trees
and stands) within today's forests are critically important habitat (USFWS 2003). Property
Owner properties that must be surveyed for RCW cavity trees include:
1. 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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Accurate surveys are essential for determining baseline conditions. To limit undetected cavity
trees and misjudged activity status, qualified personnel should be used to conduct baseline
surveys. Base line numbers are subject to approval by the Commission and the Service.
Potential nesting habitat (pines greater than or equal to 60 years old) is surveyed by running line
transects through stands and visually inspecting all medium —sized and large pines for evidence
of cavity excavation by RCWs. 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, cavity 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 RCWs 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
hour, immediately after the birds exit their cavities in the morning, to determine group size.
Group size is determined 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 group membership exists, the Commission will require the
"follow" (described above) to be repeated and/or the "follow" time to 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 may or 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 perform group checks will assume each active cluster is occupied
by a potential breeding group for their baseline responsibility.
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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.
The Parties to this Agreement must concur with the baseline determination. If the Commission,
the Service, and /or their respective agents do not directly take part in surveys to determine the
baseline, concurrence with the determination is mandatory.
7.2.3 Maintaining the RCW Baseline
For each enrolled property that has a RCW baseline responsibility, the Property Owner must
agree to maintain that baseline (i.e., the RCW groups /clusters and nesting and/or foraging habitat
that comprise his or her baseline responsibilities) through the use of those management activities
identified in this Agreement that are necessary to maintain the baseline responsibilities. The
Commission and each enrolling Property Owner will agree to the set of management activities
that will ensure that the baseline is maintained on each enrolled property, and these management
activities and a description of how the management activities will be implemented on the
enrolled property (e.g., the schedule of implementation) will be described in the SHMA. This
will provide an immediate RCW net conservation benefit.
The baseline responsibilities /constraints of the Property Owner are to provide sufficient basal
area of pines of appropriate size to maintain the nesting and foraging areas for all RCW groups
identified by the baseline survey of the Property Owner's property, as specified below. If no
groups are discovered during the baseline surveys, and there are no known groups on
neighboring lands, there are no baseline responsibilities and constraints. Baseline
responsibilities may include providing foraging areas for known groups on neighboring lands as
described in Section 7.2.2 above.
Specifically the Property Owner's baseline responsibilities, as derived from the RCW Recovery
Plan, 2 °d Revision (USFWS 2003), are to:
1. Protect active and inactive cavities and cavity start trees, within active baseline clusters, from
harvesting. The Commission can provide assistance in locating and marking all cavity and
start trees at its discretion. 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 elsewhere on the lot (at least 200 feet from the building site) four months
prior to initiation of construction.
2. Manage each cluster as a timber stand comprising at least ten contiguous acres, if currently
present on the enrolled Property Owner's property, with the purpose of retaining potential
cavity trees. If ten contiguous acres are not currently present on the enrolled Property
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Owner's property, the Property Owner would retain all of the potential cavity trees within the
cluster.
3. Maintain cluster boundaries of at least two hundred (200) feet from a cavity tree.
4. Provide at least 50 ftZ of basal area per acre of pine trees >10 inches diameter at breast height
(DBH) in active baseline clusters if the trees are currently present on the enrolled Property
Owner's property. On property where south Florida slash pine is the predominant pine
species, basal area requirements are for pine trees >8 inches DBH.
5. Protect cavity trees from fire during prescribed burning. Precautions should be taken to
minimize the risk of igniting cavity trees. Property Owners are required to rake litter at least
ten to twenty feet away from the base of cavity trees, depending on the fuel load. Other
precautions include wetting cavity trees or limiting burning to high moisture conditions. Any
active cavities damaged by prescribed fire will be immediately replaced within the cluster
boundaries by installing two artificial cavities (inserts or drilled).
6. Provide at least 3000 ftz of basal area in pine trees (including the trees in the cluster) >10
inches DBH for foraging habitat on a minimum of 75 acres (>8 inches DBH in south Florida
slash pine), if the trees are currently present on the enrolled Property Owner's property. If
3000 ftz of basal area of pine trees >10 inches DBH is not available for foraging habitat, the
Properr� Owner will maintain the existing pines inside the foraging area and provide the
3000 ft of basal area of pine trees greater than 10 inches DBH as soon as possible. Foraging
habitat for each RCW group must be contiguous to the cluster stand with no gaps between
stands exceeding 200 feet.
7. Conduct timber harvesting within the active baseline clusters only between August Is` and
March 31", or as otherwise approved by the Commission and the Service. If there is a need
to harvest timber within an active cluster outside this window of time, the enrolled Property
Owners should notify the Commission 30 days in advance of the desired starting harvest
date. The Commission will determine the stage of nesting activity within the cluster and
advise the enrolled Property Owner of appropriate precautions. Timber harvesting would not
be permitted during nest initiation, when the female is in the process of laying eggs, when the
nesting cavity contains viable eggs or young, or before the fledglings are capable of sustained
flight. Possible exceptions to these prohibitions could be when emergency harvest, due to
insect infestations, natural disasters, or other disasters, as described in Section 7.4, below, is
necessary.
8. Refrain from constructing any new roads and/or utility right of ways within active baseline
clusters.
9. Provide reasonable protection for RCW groups from human activities that may incidentally
cause injury or death in active baseline clusters.
10. Take reasonable precautions when conducting silvicultural or other activities within active
baseline clusters to avoid injury to cavity and cavity start trees. Reasonable precautions
would include, but are not limited to, directional felling away from cavity trees, avoiding
skidding near cavity trees, logging during dry conditions to minimize soil compaction,
removing logs carefully to avoid scraping or otherwise damaging residual trees, and avoiding
fire line plowing near cavity trees.
7.2.4 Baseline Adjustment
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7.2.4.1 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 cease 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 each of the following have occurred:
1. The 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 of the 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 three of
the criteria listed above. However, the Property Owner must make a request to the Commission
in writing for a baseline reduction. The Property Owner must allow the Commission and/or the
Service access to the enrolled property to conduct an investigation, if the Commission and/or the
Service 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 reflect the
change in baseline responsibilities. The enrolled property will not obtain a reduction in baseline,
however, if a RCW group moves to a new cluster on the same enrolled property. The enrolled
property can get a reduction if a cluster moves onto neighboring property as long as the above
criteria are followed. A Property Owner may be required, however, to provide foraging habitat if
the owner on the neighboring property is unable to do so.
7.2.4.2 Shifting Baseline
RCW baseline responsibilities will be associated with specific active clusters in existence at the
time the Property Owner enters into the SHMA. The Commission, at its discretion, may allow
participating Property Owners to shift 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
formed 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, provided
each of the following conditions is met:
1. The enrolled Property Owner has implemented the management activities specified in the
SHMA and is in compliance with the SHMA.
2. The enrolled Property Owner has maintained his or her baseline responsibilities as specified in
the SHMA.
3. The enrolled Property Owner has replaced baseline solitary bird groups prior to replacing
baseline potential breeding groups.
4. The enrolled Property Owner has replaced a baseline potential breeding group with another
potential breeding group, or a baseline solitary bird group is replaced with either a potential
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breeding group or another solitary bird group of the same sex.
5. The enrolled Property Owner has replaced a baseline potential breeding group with an above -
baseline group that contains a potential breeding group that has been in existence for at least
six months, including a breeding season, (April through July) prior to the replacement.
6. The enrolled Property Owner has replaced baseline groups with above - baseline groups that
provide suitable breeding and foraging habitat and, 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.
7. The landowner is maintaining foraging and nesting habitat needed for the newly identified
baseline group
For a Property Owner to shift his or her baseline responsibilities, the Property Owner must
request that the Commission and Service evaluate the proposed baseline shift and ensure that the
conditions outlined above are met. Where possible, flexibility will be used by the Commission
with concurrence from the Service. If the conditions are met, the Commission will document the
shift in the records associated with the applicable SHMA, noting that the enrolled Property
Owner's baseline responsibilities did not change and that the baseline was maintained prior to
any incidental take associated with the baseline shift.
7.3 Incidental Take
The authorization for a participating Property Owner to incidentally take RCWs under this
program is contingent upon the Property Owner maintaining certain baseline responsibilities for
RCW groups and habitat that is present at the time the SHMA is signed. The only take that will
be authorized under this Agreement and associated SHMAs is take that is both above - baseline
RCWs and incidental to and not the purpose of carrying out of an otherwise lawful activity. It is
important to note that such taking may or may not ever occur. It is also imperative to emphasize
that it is unlikely that RCWs would utilize the habitat involved if not for the voluntary
management practices of the participating Property Owner. These voluntary habitat management
activities undertaken through this Agreement will likely increase the number of RCW groups and
the total area of suitable, actively managed RCW nesting and foraging habitat in Florida.
Therefore, the only habitat that may be lost due to incidental take is habitat that does not
currently exist, is unoccupied at the time the Property Owner signs the SHMA, or is replaced by
an above - baseline group as discussed in Baseline Adjustment (Section 7.2.4). The expectation
underlying this Agreement is that while Property Owners will be permitted to carry out activities
that could result in the take of above - baseline groups on their land; they may choose not to do so
at all or not to do so for many years.
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 harvesting within foraging habitat that reduces basal area in pine trees >10
inches DBH below 3000 ft2 (on property where south Florida slash pine is the predominant pine
species, basal area requirements are for pine trees >8 inches DBH), application of forest
chemicals within a cluster, new road construction within or near a cluster, and any new building
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construction 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.
The participating Property Owner under a SHMA and Certificate will be allowed to develop,
harvest trees upon, or make any other lawful use of his /her property, even if such use results in
the incidental take of above - baseline RCWs or RCW habitat provided all of the following
qualifications are met:
1. The enrolled Property Owner must be in total compliance with the SHMA;
2. The enrolled Property Owner must have maintained his or her RCW baseline as specified in
the SHMA;
3. RCWs 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
than180 days but no less than 60 days prior to any activity that 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 RCWs must take place only
during the non - reproductive season (August I" through March 31st of following year) unless
otherwise authorized by the Commission; and
7. The enrolled Property Owner will not undertake any activity that could result in incidental
take of RCWs 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 in order to allow the
Commission, the Service and/or their respective agents the opportunity to translocate the
affected RCW group(s) to a suitable recipient site.
The Commission shall consult with the appropriate offices of the Service after receipt of a
request for incidental take. If the Service, the Commission, or their respective agent(s) do not
respond to the Property Owner's 60 -day notification within 45 days of receipt of the notification,
the Property Owner is authorized to proceed with the proposed activity. This notification
requirement shall apply to all situations, except those defined in 7.4 below.
For baseline groups /clusters the Property Owner will notify the Commission and/or the Service
as soon as possible. The Commission and the Service will evaluate each case on an individual
basis and both will concur on the appropriate management actions.
7.4 Emergency Salvage Harvest Situations
Emergency situations, such as natural disasters or insect infestations, may require that emergency
(salvage) harvesting of timber on the enrolled property begin with less than the 60 -day notice set
forth in Section 7.3. For above - baseline groups, the enrolled Property Owner will notify the
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Commission by written certified notice at least three days prior to conducting an emergency
harvest. The Commission, the Service, and/or their respective agents shall have this three -day
time period to translocate above - baseline impacted birds to sites that are outside the enrolled
property or, with the Property Owner's written permission, to sites within the enrolled property.
The Property Owner shall not initiate such harvest until three days after the Commission has
received the written certified notice.
For emergency situations involving baseline groups /clusters, 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 must concur on the
appropriate management actions.
8.0 MONITORING AND REPORTING
8.1 The Commission Monitoring and Reporting Responsibilities
The Commission will annually monitor the implementation of this Agreement and fulfillment of
its provisions as specified in the Permit. To do this, the Commission will contact each enrolled
Property Owner at intervals appropriate for a particular SHMA to evaluate the Property Owner's
implementation and maintenance of the management activities specified in the SHMA, identify
any modifications of the management activities that may be necessary, and discuss other issues
with the Property Owner. In addition, at least 50 percent of all enrolled properties, including all
enrolled properties where incidental take was proposed or occurred during the current or
previous year, will be visited each year by the Commission to verify that the management
activities have been implemented and that the Property Owner is otherwise in compliance with
the SHMA.
The Commission will submit an annual report to the Service, no later than March 31 for the
preceding calendar year ending December 31, detailing the activities conducted under this SHA
and associated Permit. This report shall include accurate records of the following:
1. Any increase in the number of RCW groups on all enrolled Property Owner properties.
2. The number of acres included in this Agreement through Certificates.
3. The number of Property Owners included in this Agreement through Certificates.
4. A summary of all incidental take that has or is expected to occur on enrolled Property Owner's properties.
5. A list of all Property Owners that are in noncompliance with their SHMA.
6. A list of all SHMAs that have been terminated.
7. Any other information as may be required or appropriate to monitor this Agreement that
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is agreed to by the Parties.
8.2 Enrolled Property Owners' Monitoring and Reporting Responsibilities
All SHMAs will require the enrolled Property Owner to submit an annual monitoring report by
January 15 of each year to the Commission for the duration of the Property Owner's SHMA.
Property Owners will use the template monitoring form incorporated into this Agreement
(Attachment E to Appendix 2).
9.0 RESPONSIBILITIES
9.1 The Service
In addition to the responsibilities that may be set forth elsewhere in this Agreement, the Service
agrees to provide technical assistance and funding, if available, to the other Party and/or Property
Owners to assist with implementation of the Agreement and/or the SHMAs and to ensure that
this Agreement is implemented as intended.
The Service will also evaluate the monitoring results and reports submitted to it by the
Commission and coordinate closely with the Commission after Permit issuance to ensure
compliance with the terms and conditions of this Agreement, the associated Permit, and the
subsequent SHMAs and Certificates issued to Property Owners.
9.2 The Commission
This Agreement is large in geographic scope and long in duration. Therefore, precise funding
requirements for the Agreement are difficult to predict, but the Commission agrees to provide
adequate funding and other resources necessary for implementation of this Agreement.
9.3 Shared Responsibilities of the Parties
Each Party agrees to notify the other Party as soon as practicable of any inability to meet the
financial provisions of this Agreement or the Permit
The Parties will meet on an as- needed basis to review the information contained in the
monitoring reports or to discuss any matters related to this Agreement or the Permit. These
meetings will provide an opportunity for resolutions of disputes regarding Agreement
implementation and Permit compliance and to discuss amendments or modifications to this
Agreement or the Permit. The Parties will mutually agree upon the date, time, and location of
these meetings, as well as a list of potential attendees and potential discussion topics.
The Parties, at their own discretion and with an enrolled Property Owner's permission, can
provide technical, financial, and other assistance to the Property Owner in order to facilitate
implementation of the management activities covered by a SHMA.
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The Parties will ensure that the Agreement and the actions covered in the Agreement are
consistent with applicable federal, state, local, and tribal laws and regulations.
The Parties will ensure that the terms of the Agreement will not be in conflict with any ongoing
conservation or recovery programs for the covered species.
Nothing in this Agreement will be construed to limit or constrain either Party or any other entity
from taking additional actions at its own expense to protect or conserve the covered species.
9.4 Enrolled Property Owners
In addition to the specific responsibilities as set forth elsewhere in this Agreement and Permit, an enrolled Property
Owner will be responsible for any costs associated with baseline surveys and agreed upon management practices,
and is responsible for complying with all terms set forth by the SHMA. The enrolled Property Owner will also meet
on an as- needed basis with the Commission and/or the Service to discuss any matters related to his/her SHMA and
Certificate. The Party/Parties and the enrolled Property Owner will mutually agree upon the date, time and location
of the meetings.
10.0 ASSURANCES TO ENROLLED PROPERTY OWNERS
Through this Agreement and the associated Permit, the Service provides the Commission with
certain regulatory assurances that, through Certificates, are conveyed to enrolled Property
Owners. Those assurances, which apply to the Commission and any enrolled Property Owner,
are set forth in Attachment D to the SHMA and shall be incorporated verbatim into each SHMA
and Certificate issued by the Commission.
11.0 AGREEMENT MANAGEMENT
11.1 Amendments
11.1.1 Amendment of the Agreement
Either Party to this Agreement may propose amendments to the Agreement by providing written
notice to the other Party. Such notice shall include a statement of the reason for the proposed
modification/amendment and an analysis of its anticipated effect(s) on the environment, the
covered species, and on operations under this Agreement. The Parties will have at least 60 days
to evaluate proposed amendments and any amendments, other than minor modifications, must be
in writing and signed by both Parties.
Certain amendments to the Agreement shall be considered minor modifications. Minor
modifications shall include, but are not limited to the following: (a) corrections of typographic,
grammatical, and similar editing errors that do not change the intended meaning; (b) correction
or updating of any maps or exhibits; (c) correction or updating of information to reflect
previously approved amendments to the Permit or modifications to the Agreement; (d) minor
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changes to survey, monitoring, or reporting protocols; and, (e) management activities modified
through adaptive management, if applicable. Proposed minor modifications to this Agreement
must be provided to the other Party in writing. The non - proposing Party shall have 60 days in
which to evaluate and approve or disapprove the proposed minor modification /amendment. A
proposed minor modification/amendment shall be deemed approved and effective 60 days after
receipt of written notice of the same unless: (a) the non - proposing Party provides in writing its
disapproval of the proposed modification or (b) the non - proposing Party responds in writing that
the non - proposing Party has determined that the modification requires a formal amendment.
Amendments that would result in outcomes that are significantly different from those analyzed
for this Agreement (including, but not limited to, proposed amendments that would either result
in a different level or type of take than analyzed in this Agreement or that would result in a
change to the cumulative conservation benefits to the covered species such that the Service's
standard for safe harbor agreements is not met) are not considered minor modifications and
would require a formal amendment.
Formal amendments may necessitate further review and analysis, including public notification in
the Federal Register, public comment period, and other administrative compliance actions as
required by the ESA, and any other applicable laws, regulations, policies and directives.
The Parties further acknowledge that each Party is under no affirmative obligation to approve
any proposed amendments, and, in particular, the Service cannot approve any proposed
amendment that would violate the Safe Harbor Policy, the ESA, and the Service's implementing
regulations.
11.1.2 Amendment of the Permit
The Commission can seek amendment of the associated Permit in the manner specified in 50
C.F.R. § 13.23. The Service reserves the right to amend the Permit and any Certificates issued by
the Commission to enrolled Property Owners for just cause at any time during the term of the
Permit or Certificate, upon written finding of necessity, provided that any such amendment of the
Permit or Certificate shall be consistent with the requirements of 50 C.F.R. § 17.22(c)(5) or 50
C.F.R. § 17.32(c)(5), should the latter section become applicable.
11. 1.3 Amendment of SHMA(s) and Certificates of Inclusion
The Commission and an enrolled Property Owner can seek amendment of the SHMA and
associated Certificate by submitting a written request in the manner specified in 50 C.F.R. §
13.23, provided, however, that the Commission can only effect such amendments that are minor
modifications. If, however, in accordance with the criteria in Section 11.1.1, the Commission
determines that the proposed amendment constitutes a formal amendment, the Commission shall
immediately forward the requested amendment to the Service for review and processing and
notify the enrolled Property Owner of such action.
The Service reserves the right to amend a SHMA and associated Certificate issued by the
Commission to an enrolled Property Owner for just cause at any time during the term of the
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Certificate, upon written finding of necessity, provided that any such amendment shall be
consistent with the requirements of 50 C.F.R. § 17.22(c)(5) or 50 C.F.R. § 17.32(c)(5), should
the latter section become applicable.
Minor modifications to a SHMA and associated Certificate shall include, but are not limited to
the following: (a) corrections of typographic, grammatical, and similar editing errors that do not
change the intended meaning; (b) correction or updating of any maps or exhibits; (c) correction
or updating of information to reflect previously approved amendments or modifications to this
Agreement and associated Permit, if applicable, and to the SHMA and associated Certificate; (d)
minor changes to survey, monitoring, or reporting protocols; and, (e) management activities
modified through adaptive management, if applicable.
11.2 Termination of the Agreement
The Agreement and the Permit will be for the duration of 99 years. However, the Commission
may terminate this Agreement by providing the Service with at least 60 days advance written
notice. The Commission acknowledges that terminating the Agreement will result in a
corresponding termination of the Permit, which will lead to a loss of the regulatory assurances
and RCW incidental take authority provided by the Permit for both the Commission and any
enrolled Property Owners. The Commission further agrees to relinquish the Permit to the
Service as soon as possible after terminating the Agreement.
— The Service will not terminate this Agreement for any reason except for those set forth in 50
CFR §13.28(a)(1) through (4), 50 CFR. §17.22(c)(7), and 50 C.F.R. §17.22(c)(2)(iii), or unless
continuation of the permitted activity would be inconsistent with the criterion set forth in 16
U.S.C. 1539(a)(2)(B)(iv) and the inconsistency has not been remedied in a timely fashion.
11.3 Termination of SHMAs
11.3.1 Enrolled Property Owner
An enrolled Property Owner or its enrolled successor in interest must give the Commission 60
day written notice, by certified letter, of its intent to terminate a SHMA and give the Commission
and/or the Service an opportunity to relocate individuals of the covered species within 30 days of
such written notice. As provided for in Part 12 of the Service's Safe Harbor Policy an enrolled
Property Owner may terminate a SHMA prior to the expiration date of the SHMA for
circumstances 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 the 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 of Inclusion to the Commission. Species management on the Property Owner's
property would return to its status prior to the signing of the SHMA (i.e., original baseline).
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Such termination would not affect the Property Owner's authorization under the Certificate of
Inclusion to take any species individual or occupied habitat that is not part of the Property
Owner's baseline at the time of termination of the SHMA. The Property Owner may terminate
his /her SHMA due to circumstances beyond its control after giving the required notice. The
Property Owner also may terminate the SHMA at any time for any other reason, but termination
for reasons other than for circumstances beyond the Property Owner's control, shall extinguish
the Property Owner's authority to take species or occupied habitat under the Certificate of
Inclusion. If a Property Owner has not returned its property to baseline conditions at the time of
termination of its SHMA, and the number of RCW 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) will have become invalid upon termination of the SHMA. If the
Property Owner terminates a SHMA for any other reason, the Certificate of Inclusion shall immediately cease to be
in effect.
11.3.2 The Commission and the Service
The Commission has the right to cancel any SHMA where the Property Owner is found to be in
non - compliance with the terms and conditions of their SHMA. If a Property Owner is found to
be in non - compliance with their 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 issue(s). If the issue(s) is not resolved to the satisfaction of
the Commission by the end of the 60 -day period, the Commission shall terminate the Property
Owner's SHMA and associated Certificate, which contain the Property Owner's assurances.
An individual SHMA shall be revocable by the Commission only if the Property Owner fails to
comply with the terms of their SHMA. If a Property Owner fails to comply with the terms of
their SHMA and the Commission is unwilling or unable to terminate the Property Owner's
SHMA, the Service reserves for itself the right to review and/or terminate the Property Owner's
SHMA.
12.0 PERMIT SUSPENSION OR REVOCATION
The Service will not terminate the Permit associated with this Agreement except for cause in
accordance with the provisions of 50 C.F.R. § 13.28(a)(1) through (4), 50 C.F.R.
§17.22(c)(7) and 50 C.F.R. §17.22(c)(2)(iii) or in accordance with laws and regulations in force
at the time of such suspension or revocation.
13.0 RENEWAL OF AGREEMENT
This Agreement can be renewed with or without modification upon the approval of both Parties
14.0 RENEWAL OF SHMAS
An individual Property Owner's SHMA can be renewed with or without modification with the
written approval of the Commission and the consent of the enrolled participating Property
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Owner, as long as the duration of that SHMA does not exceed that of this agreement.. In
addition, the Service must not object to any SHMA renewal.
15.0 SUCCESSION AND TRANSFER
Property Owners who enter 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 of
the Agreement. The provisions of this section shall be part of all SHMAs. A Property Owner is
required to notify the Commission by written certified letter at least 30 days in advance of any
conveyance of the enrolled property whether 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 enrolled property, the
Commission and the Service will regard the new Property Owner 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 of SHMA rights
and responsibilities and signs an amendment to the SHMA making the new property owner a
party to the original SHMA within 90 days of the conveyance. If the 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
group(s) would be authorized if the new Property Owner maintains the terms 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 incur responsibilities under the
Agreement nor receive any safe harbor assurances relative to this Agreement. If a new Property
Owner agrees to become a party to the original SHMA and associated Certificate, the new
Property Owner's baseline will remain the same as that of the predecessor Property Owner.
If the enrolled Property Owner conveys ownership of a 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 newly defined enrolled property. If the new Property Owner enters into a SHMA within 90
days of the conveyance of the portion of the enrolled property, 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.
It will be the sole responsibility of the enrolled Property Owner to inform their successor(s) in
interest or potential buyers that the property is enrolled under this Agreement. However, after
any notification of change in ownership of the enrolled property, the Commission, at its
discretion, may attempt to contact the new or prospective Property Owner to explain the original
SHMA, this Agreement, and determine whether the new Property Owner will become a party to
the original SHMA, enter a new SHMA, or cease enrollment under this Agreement.
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16.0 CESSATION OF ISSUANCE OF SHMAS
If the Commission does not have the financial or personnel resources to enroll Property Owners
under the Agreement during a particular time period, it is under no affirmative obligation to
enroll Property Owners during that time and may choose to enroll Property Owners at a later date
once sufficient financial or personnel resources are available. However, the Commission shall
be responsible for meeting all of its obligations under this Agreement relating to SHMAs for
previously enrolled Property Owners (e.g. providing annual reports and monitoring of the
enrolled properties).
The idea and expectation of this program is to maintain or increase the number of RCW groups
in Florida. However, it is conceivable that existing groups will simply redistribute in a new
configuration. This could occur if the habitat restoration undertaken as part of the SHMA(s) were
to induce birds located in existing viable clusters to abandon those clusters and relocate to safe
harbor managed habitat. If, despite efforts to ensure that the effect of this program is a net
increase of RCW groups, the Commission determines that the program is redistributing existing
birds without any net benefit to RCW conservation, the Commission, upon written notice to the
Service, will cease entering into any new SHMA(s).
17.0 NEIGHBORING PROPERTY OWNERS
The Parties recognize the implications to neighboring Property Owners of the successful
implementation of management actions on enrolled lands. Further, the Parties 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 Parties believe that occupation of non - enrolled
neighboring lands is likely, the Parties will make every effort to include the neighboring Property
Owner in the Agreement through a SHMA and Certificate using the procedures detailed in
Section 6.1,thus extending the Safe Harbor assurances.
Safe Harbor policy allows the Service to use the maximum flexibility allowed under the ESA in
addressing neighboring properties not covered under Agreements and their associated SHMAs.
Safe Harbor 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 if listed species occupation occurs.
18.0 DISPUTE RESOLUTION
The parties agree to work together in good faith to resolve any disputes that may arise
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19.0 AVAILABILITY OF FUNDS
As to the Service, implementation of this Agreement is subject to the requirements of the Anti -
Deficiency Act and the availability of appropriated funds. Nothing in this Agreement will be
construed by the Parties to require the obligation, appropriation, or expenditure of any funds
from the U.S. Treasury. The Parties acknowledge that the Service will not be required under this
Agreement to expend any Federal agency appropriated funds unless and until an authorized
official of that agency affirmatively acts to commit to such expenditures as evidenced in writing.
As to the Commission, implementation of this Agreement is subject to the availability of
appropriated funds. Nothing in this Agreement will be construed by the Parties to require the
obligation, appropriation, or expenditure of any funds by the Commission. The Parties
acknowledge that the Commission will not be required under this Agreement to expend any
agency appropriated funds unless and until an authorized official of that agency affirmatively
acts to commit to such expenditures.
20.0 REMEDIES
Each Party shall have all remedies otherwise available to enforce the terms of this Agreement
and the Permit.
21.0 NO THIRD -PARTY BENEFICIARIES
Neither this Agreement nor the associated SHMA(s) that will be entered into in accordance with
this Agreement create any new right or interest in any member of the public as a third -party
beneficiary. Neither this Agreement nor the associated SHMA(s) that will be entered into in
accordance with this Agreement shall authorize anyone not a party to this Agreement and the
associated SHMA(s) to maintain a suit for personal injuries or damages pursuant to the
provisions of this Agreement and/or the associated SHMA(s). The duties, obligations, and
responsibilities of the Parties to this Agreement with respect to third parties shall remain as
imposed under existing law.
22.0 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
enrolled property as a direct result of implementation of this Agreement and any subsequent
SHMAs. If that occurs and the Property Owner requests, the Parties may agree to amend the
Agreement and associated SHMAs to cover additional species and to establish appropriate
baseline conditions for such other species. Should the Parties decide to seek to amend the
Agreement and/or any associated SHMA(s), the Service will follow the applicable legal
requirements, including, but not limited to, the ESA, the National Environmental Policy Act, the
Administrative Procedures Act, and the Service's Safe Harbor Policy and implementing
regulations set forth in the Code of Federal Regulations.
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Surveys for other federally listed species will not be required of SHMA participants as a
condition to participating in the SHA. 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 of Inclusion.. 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 considered legal property of the Property Owner and according to the Safe
Harbor Policy, are not subject to "take" restrictions. If other federally listed species are known
to exist on the 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 these species.
22.1 Property Owner Notification Requirement for Other Listed Species
The enrolled 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 incidental take of that species and/or to obtain an
incidental take permit or an incidental take statement to cover the potential take 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 destruction of any federally - listed, proposed, or candidate plant
species known to occur on the enrolled property and shall provide the Commission with an
opportunity to remove the affected plants, where appropriate to do so, to sites that are outside of
the enrolled property or, with the Property Owner's written permission, to other sites within the
enrolled property.
23.0 ADDITIONAL MANAGEMENT ACTIVITIES
Nothing in this Agreement shall be construed to limit or constrain either Party or an enrolled
Property Owner from implementing management actions not provided in this Agreement as long
as such actions maintain the original baseline conditions of the SHMA and do not affect the
beneficial actions set forth in this Agreement and/or any associated SHMA.
24.0 ADAPTIVE MANAGEMENT PROVISIONS
Adaptive management approaches have been included throughout this Agreement that will allow
the Agreement's procedures to be evaluated and modified in response to changing circumstances
and other factors. However, the Parties shall have the option to propose additional adaptive
management approaches if the adoption of such approaches would be beneficial to the
Agreement's implementation. Implementation of these approaches shall not occur without the
consent of the other involved Parties.
25.0 NATIONAL HISTORIC PRESERVATION ACT COMPLIANCE
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Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended (16 U.S.C.
470 et seq.) requires Federal agencies to take into account the effects of their undertakings on
properties eligible for inclusion in the National Register of Historic Places (NRHP). An
undertaking is defined as a project, activity, or program funded in whole or in part under the
direct or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of a
Federal agency; those carried out with Federal financial assistance; those requiring a Federal
permit, license or approval; and those subject to state or local regulation administered pursuant to
a delegation or approval by a Federal agency. The Service's proposed issuance of enhancement
of survival permits to the Commission to support implementation of this Agreement is a Federal
undertaking subject to section 106 of the NHPA. As such, the Service must consult with the
State Historic Preservation Officer (SHPO) and federally recognized Native American Tribes,
consider their comments on the potential impacts to historic properties resulting from the
undertaking, and endeavor to incorporate their comments into project planning.
As part of NHPA compliance, the Service will define the Area of Potential Effect (APE)
associated with the proposed undertaking (i.e., issuance of the enhancement of survival permit to
the Commission). The APE is the geographic area or areas within which an undertaking may
directly or indirectly cause changes in the character or use of historic properties. The Service's
determination regarding the APE and finding of effect is subject to comment from the SHPO and
federally recognized tribes.
The Service has determined that the RCW clusters that exist on a Property Owner's property at
the time the Property Owner signs a SHMA (i.e. the baseline clusters) are the areas of potential
effect for this Agreement. The RCW Recovery Plan (USFWS 2003) defines "cluster" as "the
aggregation of cavity trees previously and currently used and defended by a group of RCWs."
For the purpose of this Agreement the minimum area encompassing a cluster is ten acres. This is
generally the aggregate of cavity trees and a 200 -foot buffer zone.
This definition of the APE was based on the fact that, before enrolling in a SHMA, Property
Owners can conduct any type of ground- disturbing activity outside of existing RCW clusters that
they wish as long as sufficient RCW foraging habitat is maintained to support those clusters and
the Property Owner adheres to any other applicable laws and regulations. Conversely, activities
within existing RCW clusters are significantly restricted due to the protections afforded RCWs
by the ESA. Therefore, the existing RCW clusters are the only areas in which adverse effects to
historic properties, such as archaeological sites, could increase as a result of implementation of
this Agreement and the associated SHMAs.
The process that will be utilized by the Commission to determine an enrolling Property Owner's
responsibilities relative to the NHPA are set forth in Appendix 1 to this Agreement.
26.0 ACCESS TO ENROLLED PROPERTY OWNERS' PROPERTY
It is also important for the Commission and/or the Service to make occasional field visits to
make certain the SHMA is being properly implemented, to identify any unanticipated benefits or
deficiencies, and to assist enrolled Property Owners in developing corrective actions when
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necessary. Enrolled Property Owners will be given reasonable notice (generally 30 days) of
these visits and may accompany the Commission and/or the Service or their respective agents.
The scope of the visit will be agreed to in advance.
The Property Owner shall allow the Parties or other properly permitted persons designated by the
Parties to enter the enrolled property for the general purposes specified in
50 C.F.R. § 13.21(e)(2) as well as for law enforcement purposes. Law enforcement personnel
and non -law enforcement properly permitted and qualified persons designated by the Parties
shall be allowed to enter upon the enrolled property at reasonable hours and times.
27.0 SUBORDINATION OF SHMAS
Each SHMA entered into under this Agreement shall be subordinate to this Agreement. This
Agreement is incorporated by reference into each SHMA entered into under this Agreement.
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Nancy Payton Preserve Land Management Plart S age 139 of 144
28.0 NOTICES AND REPORTS
Any notices and reports, including monitoring and annual reports, required by this Agreement
shall be delivered in the prescribed manner to the persons listed below, as appropriate:
Florida Fish and Wildlife Conservation Commission
Attention: Endangered Species Coordinator
620 S. Meridian St.
Mail Station 2A
Tallahassee, FL 32399 -1600
850- 488 -3831
Daniel.Sultivan@myfwc.com
Field Office Supervisor
U.S. Fish and Wildlife Service
Panama City Field Office
1601 Balboa Ave.
Panama City, FL 32405
850- 769 -0552
Field Office Supervisor
U.S. Fish and Wildlife Service
South Florida Field Office
1339 20th Street
Vero Beach, FL 32960 -3559
772 -562 -3909
Conservation Collier Program: Appendix 6- 31
Field Office Supervisor
U.S. Fish and Wildlife Service
Jacksonville Field Office
6620 Southpoint Drive South
Suite 310
Jacksonville, FL 32216 -0912
904 - 232 -2580
Item # 16E8
September 23, 2008
Nancy Payton Preserve Land Management Plan age 140 of 144
29.0 AUTHORIZING SIGNATURES [NO SIGNATURES NEEDED AT THIS TIME]
IN WITNESS WHEREOF, THE PARTIES HERETO have, as of the last signature
below, executed this Safe Harbor Agreement to be in effect as of the date that the Service issues
the associated Enhancement of Survival Permit.
Director, Florida Fish and Wildlife Conservation Commission Date
Regional Director, Southeast Region, Fish and Wildlife Service Date
This is the general Statewide Safe Harbor Agreement — management obligations specific to Nancy Payton
Preserve will be added as attachments and will be brought to the CCLAAC and BCC for review and
approval upon completion. The agreement will become official after approval and authorized signatures are
obtained.
Conservation Collier Program: Appendix 6- 32
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30.0
The following terms and acronyms as used in the Agreement shall have the meaning indicated
below unless their use clearly requires otherwise:
Active cavity- A completed cavity or start exhibiting fresh pine resin associated with cavity
maintenance, cavity construction, or resin well excavation by a RCW.
Active cavity tree- Any tree containing one or more active cavities.
Active cluster- A cluster containing one or more active cavity trees.
APE - Area of potential effect
Artificial cavity- Cavities that are manually placed in selected trees (these can be drilled or
inserts).
Baseline- The number of birds and /or foraging habitat that is present at the time of signing the
SHMA on land to be enrolled.
Cavity tree- Any tree that has a hole excavated in it by a RCW. This can also be an artificial
cavity.
Certificate of Inclusion- This will be the legal method of including non - federal Property Owners
under the Commission's Safe Harbor Permit.
— Cluster- The aggregation of cavity trees previously and currently used and defended by a group
of woodpeckers, or this same aggregation of cavity trees and a 700 -foot wide buffer of
continuous forest. Here, the second definition is used. For management purposes, the minimum
area encompassing the cluster is 10 acres.
Covered species- The species for which Safe Harbor assurances are provided, in this case the
red -
cockaded woodpecker (Picoides borealis).
DBH- Diameter at breast height/ the height at which trees are typically measured (4.5 feet).
Enhancement of survival permit- A permit issued under the authority of section 10(a)(1)(A) of
the ESA.
Enrolled property- The property described in Attachment A & B of the enrolled Property
Owner's SHMA, and afforded Safe Harbor assurances under the Florida Statewide RCW Safe
Harbor Agreement.
ESA- Endangered Species Act
FWC — Florida Fish and Wildlife Conservation Commission
Growing season- eason- Growing season is generally from March through October.
Inactive cluster- A cluster that contains no active cavity trees.
NHPA- National Historic Preservation Act
Conservation Collier Program: Appendix 6- 33
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Non - growing season- Non - growing season is generally from November through February.
NRHP- National Register of Historic Places
Property Owner - As defined in 50 CFR 17.3, a person with a fee simple, leasehold, or other
property interest (including owners of water or other natural resources), or any other entity that
may have a property interest, sufficient to carry out the proposed management activities, subject
to applicable State law. In the context of this Agreement, the term does not include State or
Federal government
entities.
RCW- Red - cockaded Woodpecker
Recruitment cluster- A cluster of artificial cavities (usually 4) in suitable nesting habitat, located
close to existing groups.
Restrictors- Metal plates used to prevent or repair enlargement of cavity entrances.
Service- U.S. Fish and Wildlife Service
SHA- Safe Harbor Agreement
SHMA -Safe Harbor Management Agreement
SHPO- State Historic Preservation Office
USFWS- U.S. Fish and Wildlife Service
Conservation Collier Program: Appendix 6- 34
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31.0 LITERATURE CITED
Conner, R.C. and A.J. Hartsell. 2002. Forest Area and Conditions. Pages 357 -401, In David N.
Wear and John G. Greis, eds., Southern Forest Resource Assessment. Southern Research
Station, Asheville, NC.
Costa, R. and J.W. Edwards. 1997. Cooperative conservation agreements for managing red -
cockaded woodpeckers on industrial forest lands: what are the motivations? Pages 111-
124 In R. Johnson, ed., Proceedings of the Symposium on the Economics of Wildlife
Resources on Private Lands. Auburn Univ., Auburn, AL.
Florida Fish and Wildlife Conservation Commission. 2003. Management Plan: Red - cockaded
Woodpecker (Picoides Borealis). FWC, Tallahassee, FL. 74pp.
Hooper, R.G., A.F. Robinson, Jr., and J.A. Jackson. 1980. The red - cockaded woodpecker: notes
on life history and management. USDA Forest Service. Atlanta, GA. General Report SA-
GR. 8 pp.
Ligon, J.D. 1970. Behavior and breeding biology of the red - cockaded woodpecker. Auk 87:255-
278.
U.S. Fish and Wildlife Service. 2003. Red - cockaded woodpecker (Picoides borealis) recovery
plan: Second Revision. U.S. Fish and Wildlife Service, Southeast Region, Atlanta,
Georgia. 296 pp.
Conservation Collier Program: Appendix 6- 35
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