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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 Item # 16E8 September 23, 2008 Page 2 of 144 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 Item # 16E8 September 23, 2008 Page 3 of 144 Type: Executive Summary Backup Material Item # 16E8 September 23, 2008 Nancy Pa on Preserve Iand Mana e of 144 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 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Managerl>tst-83ap of 144 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 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Mana e of 144 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 Item # 16E8 September 23, 2008 ftW9T of 144 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 Item # 16E8 September 23, 2008 RAWO of 144 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 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Manaeert7ts*9 of 144 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 Item # 16E8 September 23, 2008 Nancv Payton Preserve Land Mann e a 0 of 144 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 Item # 16E8 September 23, 2008 KatWasj of 144 Conservation Collier Nancy Payton Preserve Legend jConservation Collier Nancy Payton Preserve r.•rr:�. eeinrfr r r ®?002. Kaye Notttes Potential Additions Fakollumba 617304t00n5 ',. 0 1.250 0.500 5.000 Fesr Dke oh . Take 1 -7510 Pirne Ridge Road Exlr 107 SR $96 Fast. Cavirsw vast amoss Cdka Blvd 19511 road onto White Blvd. Tun %aAh onto 234d St. SW. Tun west ato Braltly Blvd x.,r.m.....a..,..,,..... i.a.,...r,v.r.v+.,.... uxll you reach ttw Canal road. Tun nalh unto Blue Sage Drtvn. ..rw� MS <.ww. +�✓.he u,o ax . <„tiw,>r,...nw yy. �.,wM +wa• a �w...eny' en...►,u.n,rwu py i Fx iMi.wil Figure 1: Nancy Payton Preserve Location Map Conservation Collier Program Conservation Collier Nancy Payton Preserve Aerial Map 0 240 480 960 Fed Date ieurtet COMOr Ce YetY P"VMY A011e11eo1001 eetlele '.. Create l{Y: 0151 Csnu rvetb• Cellbrl cS C: COnaervetlen CSllbNM +Yefec plMlvepertleeha SeeY eldclaa• brill Data 1/l4l Figure 2: Nancy Payton Preserve 2008 Acrial View Conservation Collier Program 4 Coll er Cotnthl Item # 16E8 September 23, 2008 RAtN42 of 144 Item # 16E8 September 23, 2008 ItaWa$3 of 144 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 Item # 16E8 September 23, 2008 Nanc r Payton Preserve Land Mana e a of 144 Location of Conservation Collier Program Lands RaYMap ecrao R RR laM Tras1 F 1i NwIIVyI WIN�gPPnlaw w r1 VNtMY Pr..1rr. Po.R %acahmRaa GIM PmPrvP � Y t Pown hoaf 2Ra�a Pappyr Rarw:n r _y llocM+ iurar) e Rn Polttl iIN CNN1P 'Y� rNae uo . XOEN CJtf KM N r (h`y. rYOn+aa e. Nancy rRaCVn Party Me _1 ►wron Rm�oRO i>s Gallon Rives .. �j c .. Pmervw Jb u J W • r4Ar �R �� - '. AMCRVar11 Marsh ymn 1 _ 4 ` Acquisition Status AL11 fiamhion. r, Acquiied 1C., - Approved for Acc a sinon - Mitigation t Conservation Easement -. O1iR1p1"" x ti ,a `l, State and Federal Conservation Land Game r:aaiv 9a1� d ParteN d 25 5 10 Miles _ Collier County 6+Ie5mvcs Prtn % -CaPn GOUrq NOpertY h{wra+ur _ _ _ , Cra+xc By GsS�w yinuCa+axrerw+Cahe+ G'[anabrnpn Caaern4 %'ACg1YM MoryMbe'. M.q+reaMOOrortJ.4eP.. w+hh2Spa r+u:i dr] IN www .CollierGov.net/Consery ationColI rtgure s. Conservation Collier Preserves and Designated State and Federal Land or Conservation Easements Existing in Collier County Conservation Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Manaee[RS Was Of 144 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 Item # 16E8 September 23, 2008 X46 of 144 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 P.. ».» U" r.r 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 Conservation Collier Program - g Item # 16E8 September 23, 2008 ftWaV of 144 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. Conservation Collier Program 9 Item # 16E8 September 23, 2008 ftAN08 of 144 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). Conservation Collier Program 10 Item # 16E8 September 23, 2008 - ?49 of 144 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: Conservation Collier Program 11 Item # 16E8 September 23, 2008 Nancy Pavion Preserve ]and Managetfta -, Iamo of 144 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 Conservation Collier Program 12 Item # 16E8 September 23, 2008 Nancy Pa on Preserve Land Matta e 1 Of 144 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 Conservation Collier Program 13 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land ManaeermaHkIn Of 144 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. Conservation Collier Program 14 Item # 16E8 September 23, 2008 Nancy Payton Preserve Iand ManageEfttPQ3 of 144 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 Program Item # 16E8 September 23, 2008 Nancv Pavion Preserve Land Manayerma- -Na—TA of 144 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. Program 16 (Photo by NASA) (Photo by USMC) Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Mana e 5 of 144 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. Conservation Collier Program 17 2.6.1 Exotic Wildlife Species Item # 16E8 September 23, 2008 ftUb*6 of 144 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. Program 18 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Mana e 7 of 144 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). Conservation Item # 16E8 September 23, 2008 Nancv Payton Preserve Land ManagermM.- M—a-28 of 144 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. Conservation Collier Program 20 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Manaeett aA &119 of 144 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. Conservation Collier Program 21 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land ManafleVaS 6930 of 144 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 Conservation Collier Program 22 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land ManageMA $WY31 Of 144 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. Conservation Collier Program L 7 CD U c v C C U Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Mana a , VY33 Of 144 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. Conservation Collier Program 25 Item # 16E8 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 Item # 16E8 September 23, 2008 Nancv Payton Preserve I •nut AIIRML RNu.H•rliF of 144 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, Conservation Collier Program Item # 16E8 September 23, 2008 Nancy Payton Preserve Land ManageifftkAti6 of 144 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 Program 28 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land ManaeerlBAr*37 of 144 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 Collier Program Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Manaeermat kla%8 Of 144 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. Conservation Collier Program 30 Item # 16E8 September 23, 2008 Nanc Y Payton Preserve Land Mana e 9 of 144 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. .... Mwto twat Leoatlww Y ,ttW �3 � 1fw1n�W14MaX.cs � �5�'Y' fnitru.pd f *Y +Mb.S ! eYl NO oV.lw u��Yn.a�wMn+�ers YPt�N4lAfb Figure 11. Photo Point Locations at Nancy Payton Conservation Collier Program 31 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Manaeerpair 1aA0 of 144 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. Program 32 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Manage4kat -81941 of 144 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 Conservation Collier Program 33 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land iytanaeerrM*W of 144 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 Conservation Collier Program 34 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land ManagerfttA943 of 144 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. Conservation Collier Program 35 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Manaecrt@nF@la A of 144 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. Conservation Collier Program 36 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Mana e 5 of 144 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 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Manaeerpgg A46 of 144 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 Collier Program \ \ � �k ! ! «; kt ;la.�l�! one s@*] > �r _ i C E < k f . 2 � � \ \ \ _ / / ƒ � \ i \ ] } «!# ## ## # § ! } }) { §Z »} \ {74 ) \ j \ ! & ! & § } 2/} \ })! } }(} \ \22} \) \} ]) § { \72 04 ) {) \ \ )) } 4 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Manage rlIDSF &lagd of 144 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 Item # 16E8 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 �-/ Conservation Collier Program: Appendix I- I Item # 16E8 September 23, 2008 7 of 144 t 7.� o J y! � � � w __,__ •__ ws Iw nrm S 7 Erq .w'Y Iv ib� sr x nrm T.uf �i s.sw Iv ib� sr x -" r..,. /K,... �� ! nw.n � nrw al nww ns v. �•:�iFi `w �'w ,i :� '' b •f ICI �J.Tnn�wri ' " - ,,, Plat Map Showing Section 24 and location of access easements Conservation Collier Program: Appendix I- 2 Iv ib� Plat Map Showing Section 24 and location of access easements Conservation Collier Program: Appendix I- 2 Item # 16E8 September 23, 2008 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 Conservation Collier Program: Appendix 1- 3 kT GOLDEN GATE ESTATES UNIT NO. 20 c.sn ww.w...na. �µl n w »1 � x 1- i w w a � it r l N � » N 1 • 1 �I L . . . r 1 1 r. Y M •1' CI 1� lL �.wr u.. 1 � w •• « .• iroI �•.�� rte.. — — -- •�N iawl Y .w •N » w r., .w Y N .. �w Plat Map of properties across the Golden Gate Canal to the West. Shows 150' SFWMD drainage easement Conservation Collier Program: Appendix 1- 3 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Manage 9 Of 144 Buti CD GOLDEN GATE ESTATES UNIr NO. 27 • .��N «.� M...t. Y YitNM ...L�LI,..L t...lM.. w xI, Y } t l �d • 1 r= • c � a k - •�e. lm4 r .LO[ n Plat Map of properties across the Golden Gate Canal to the West. Shows 150' SFWMD _. drainage easement Conservation Collier Program: Appendix 1- 4 Item # 16E8 September 23, 2008 Nancy Payton Preserve land ManaeeV9gUAO of 144 o • I t — i S : S S : I S i �' i l t ♦E � � � � � I i I '1 ♦ I o _ _J_ L .4 it o�- taw Plat map showing SFWMD Drainage easement north of the preserve Conservation Collier Program: Appendix 1- 5 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Manaee!RaD#961 Of 144 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� ^.? 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'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 �r M yyy: N r � 1 9a1 Gw 3' e F y,tP i % i -.00♦ j Conservation Collier Program: Appendix 3- 3 Item # 16E8 September 23, 2008 Pl4e 67 of 144 p�. 4 ♦ G F���.2�WY A ff. x, k, qq yy �t 1 Cw x v. 4. W EEE555 Conservation Collier Program: Appendix 3- 4 Item # 16E8 September 23, 2008 awe Preserve Iand Manaurnentft e 68 of 144 \ �t \� � . \ $� \ \` � CL it F, � \( \ zy Conservation Collier Promnn: App_.a, Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Managemente 69 Of 144 :`.rmw . WOK dPR4C iQaR?f RB* v3H -t. .,a+.n i vo r u n a=.cy Ets�nWG¢NMr tY 1tRV6'R R#V(.IM _ Gob" CaounonWmw RAeRB R4 Rru+1 fstii a Wom SR?tUi A.dotPo MMMUn0a- 41%1 GOPOMO [sagy 't t rixxu+ar'.wn GS si N tS +hma.: urtr:; Gb•1• pwgui FA,"v CM Sf tE LE Uk" E.RO, vurle S'+un�*. ±»:'. &Z 17 :.r M,nni aem5!nd W;� taaaY Ge eE ZE ?k i" MxPR48 kN.c'M.4naaa olna¢;Ht- w Gj :s1 :.E i i �'k a e.", 1V:RDfi Ll 3@#!jiwt fW 5R S'1u -'rxi i r'.;'.7 LT vooRnaat fmm aeyrdl "i0ow unit& A,- Pu,.,inn w"w"I 4u•a=awuta 6aaHS4x'n £r3 SIS N ci = hiY,1•rtR uarxYaorpryzs ear A'W, ktira wK °awe C.mn�+s 9apNx:w^a Gii?7 Y w w+wns runran us r oR xWr+.wr< wn c, S, .ertaR�nHrnaa "ae ngfhrmw .: 05 1., ti :? rNA!i a ^rMMi wk!' dMxyC. Cdr3h'6 F0Rjr}'1igbXYNT TSAR aXtY S., Lg mrnita;#- +.rrx;.Nm F�+*C69 xtsnaj.Lbaeei4rkxa: a' C:'r3 ?t3 tf A .Vm�r,7,.gY•4 n<rxasra novyR 4souYiR; uiy Gi 5t q ....E xia'r+Po"u# knr m CtrZ4e t'e'chS UZZA is kct%Mrnnws,urc'RAr`.R ¢ = „S.�Trt.+t, S•Sx.'KXe 4WT-,V sz L «E K1 } {yjyy,+;, NJ p F- :d'Ni5 figs * , pv 32a� N t 4CH?yhYY.94i'TM.CL fLa='Sd 3OR0 iil+nl: xi >r �� t ➢45 Onwtl:'dnLY 7 rc •._ P F'•1H SIAf% btt • ... .. . L:IF.rOM1RrF ii'MI4T1M!rAi NYR Y{FhaF� }:t AW NI RN NU..Mr 4 M':1vr G=.b .•Me W. 1026 2007• iam.*- .e+++.a+aata- Hmwuw_re,n,x Tf�M�1NI .2'rw,11�Q�T^'1W= 14NM2! /a G!?vry- '.,'1'Mll`4YAA WrRy�i!y r r q 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 'I, 910W I..k awb of h�IIA I ir..,, TI, t'LIMAL k,%%K DF , F1,11[10%% 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',.,. -),, I Fill KAL "A.Av irTA'tlrs N kip FNNl pop"W'I" W', A,_ 'N' gxu>vn x: Mi . ...... 1.." 0 1, 'IN 100. k l`ItIRIIAU(,A1 1.41 All 4sjF..,4p Vkh." Fyy,j,G' F "Oda Itru-11-11 1-d V-1~1 San*, I- -FDA(: So ,A*Awvb; wl t ,t. t , Itt,; 4 OONWI L ',' swMWr J1, 1 NA ,&'I, f 1U, L ro.Y . ..... .. 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) 22&#207 (060) "1-9364 Fox --�, *�-- www'Makorg i 1 0 9 MA I IN V I N 1 11) P 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 ''�� P.R P�txJdra Mreerfia vnuw�r.+ tamz d„ ifi.tiuiui t6epuaxxk ti «S U N Mw" lw yx , Miial. x wAg dt rldJ irc,bikn akc us Mq{r. smctax agyx ilex+vyltMc iYdxwa3t waattl'n'iea W be wh tdwi Yn ax hlnmf, lJasf s$d wtwse irnnF +rmt vengq FtrA eay+aM �. a$d +ONR xtw3 Q+ue:Rem cn •u.R »kWFhc tarsi, w+exgx of k,A aek:k1:'.eab eu etEWApW,M. d weA:x m "4aef�n" ex. ntf•p -0 ad kow ei Owt I. FY ux "101 "WMk knvak "p raa M eJmULSYY fry s $ma@ aeWde 006,0 'N m sepal tA.. A taeW m.0 Nk atrlw 11 W4 IXx;c sM«aw a pry a1r iunwk� der ipprNA: Wllanxf '*i .-.k" Mtid °Ldkx'an °rd»:r'bwl. aad tlk ivp, ae.Meise ixw x�'a# I++axY +.:k•wm tdhewWa p:d .✓191 YA) eiW' 6Nh i/! uFtiragf! aa.Y.1{�tq, {iT WS IebW 24 m VrM wt:v •hw AFwhlM• anMm a Ox auxi vN o tnvk .o ,w �'•4+$ V9e1 naelAV •nu4k �t[ IAe ♦4MA iiAkfliF+ lxhtlglM aryFQp.Feuw FWK W�e1iWNA Ndnlil e$aNNWr •d rT.df.'Ytt eM164$Mlbpb;m (WM!1Y1.}JY..eMtl+Wvxbf.41t$e 24tlwvx4 rtl 9aWi1 Mid<M14WN i'trlklk. IR1Ami M1Qx ^+` � TRIIfM C'd%U! Vawb- 1YY19S IIIWiW.+YAI iY5I1 F11bL N1 W1� i''dl[YSi t#YdWi UL plNfF' 1rS 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 x a I 0 a 0 u 0 U 0 a a y L a z u C U C O b S FS � p o U U� �d ao w d E W a. z z 00 a� i U x a I 0 a 0 u 0 U E A u� 0 a` v 0 U c m 0 U i it > v ^L7 W h b a 4 6� .b T U is Y h 6> i.i a o � E A u� 0 a` v 0 U c m 0 U N z 0 4 4 N U c 0 K U Nanev Payton Preserve Land Manaeement Plan 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 Co anon Caffier Nancy Payton Prvwrvo STH AVE SIN STH AVE SIN a J m a 7TH. AVE W TTH AVE SW n .SVW PINE RIDGE RO WHITES VO To I.TS °y 11TH AVE SW m 11TH AVE SW N ~ N N N 13TH. AVE SIN 0 13TH AVE SW in X _ Current Program 15TH AVE SW 15TH AV Access Point ; to GREEN BLVD 17TH AVE SW e Will AVE SW a. ul to am¢ 21 ST AVE SW rn tx a Hideout g Golfi w 23RD AVE SW club Ili a z 0 0 25TH AVE $W BRANTLEY rn m a Ui 0 ��. 27TH AVE SW CIA s � Z9TH AVE SW ;Legend Conservation Collier Nancy Payton Preserve o- r Folio Number:61730440005 .7 Direotionr. Take 1.75 to Pine Ridge Road Eidt 107 SR 896 East. ,... Corttirltre sou eaeross Collier Blvd 19911 road aMO Wi to 0 1,250 2,500 5,,000 Feet 81vd. Tum south oMa 23rd St. SW, Turn West Onto Orantly :Blvd until you roach the canal road. Turn north onto Btu* So" Drive. qdn Surm Yarar wwrAwrA, .1'.WraCwAr P�me+MArPY^a^' CaaM qi �.Mawuaicwn Anlr'A3 �/.if MMMFA Uaa "a�P��bMr,u�+wMM�5�6ma�u,�11PC M1'R: a�m,l•M� wM Y9 PAZ ralal�aA1M Conservation Collier Program: Appendix 5- 19 Nancy Payton Preserve Land Management Plan ct►aservatlaa COMOW Nancy Piayt+t>«n Pmserve Aerial Map �k +� it a Legend Nancy Payton Prasave Nate HamesA#1 on S-W Fdo Nwnber: 61730440005 0 240 480 880 Feat Data 866taa7 C6111" Caaaty Pnpatty Appratsan20ea afiaf** Cpaitad ■yt 41W CsatarraNar Collar I Cd d: CaaaawatlpaCOltlpNMapafaa7ainiprapattiasAapaaMaaria Casa aarw Data "A" Conservation Collier Program: Appendix 5- 20 C' er County 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 a �r Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management Plan page 103 of 144 ���,. 'TIHV9 niMF}ti�'ky3 i } [ L. LU L Irr a J r t ,ws a l ? Y•, i , FE �, �j C. i4 Fi '• S n9 y:. s a ;t�. N 4 p t3 ���,. 'TIHV9 niMF}ti�'ky3 i } [ L. LU L Irr a J r t ,ws !'Sf �r l ? Y•, i , FE �, t, -4 y A `V VI"", '• S n9 y:. s a ;t�. i ���,. 'TIHV9 niMF}ti�'ky3 i } [ L. LU L Irr a J r t ,ws Nancy Payton Preserve Land Management Plan Evacuation Routes and Hospital Locations Uf S Clrrr'Cowrtg I I 1 1 t 1 1 1 i 0 015. 1 2 Wes Legend Faso Number 6173044OOOS - Conservation Collier Nancy Payton Preserve HOSpltwe J E"Ovency NCH Healtheate System 0 Cleveland Clinic Naples Escape Route Conservation Collier Program: Appendix 5- 23 Item # 16EB September 23, 2008 Page 104 of 144 i F y 5 r .a rN wp .. ..m►ty. � , , p � �4 *„ as -t 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 Page 107 of 144 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 Conservation Collier Program: Appendix 6- i Item # 16E8 September 23, 2008 Page 108 of 144 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 Item # 16E8 September 23, 2008 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 Item # 16E8 September 23, 2008 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 Item # 16E8 September 23, 2008 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 Item # 16E8 September 23, 2008 ` Nancy Payton Preserve Land Mana @ ementPlarPage 113 of 144 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 Item # 16E8 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 Conservation Collier Program: Appendix 6- 7 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management Plati p age 116 of 144 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 Conservation Collier Program: Appendix 6- 8 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management PlarPage 117 of 144 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 Conservation Collier Program: Appendix 6- 9 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management Plarf p age 118 of 144 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 Conservation Collier Program: Appendix 6- 10 Item # 16E8 September 23, 2008 Nancy Pavton Preserve land Manaeement Plari age 119 of 144 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 Conservation Collier Program: Appendix 6- 11 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management Plap ti age 120 of 144 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. Conservation Collier Program: Appendix 6- 12 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management PlanPage 121 of 144 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. Conservation Collier Program: Appendix 6- 13 Item # 16E8 September 23, 2008 Nancy Pavton Preserve Land Mana¢ement Plan p age 122 of 144 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 Conservation Collier Program: Appendix 6- 14 Item # 16E8 September 23, 2008 Nancy Pavton Preserve Land Management Plapage 123 of 144 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 Conservation Collier Program: Appendix 6- 15 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management Plar age 124 of 144 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 Conservation Collier Program: Appendix 6- 16 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management PlarPage 125 of 144 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 Conservation Collier Program: Appendix 6- 17 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management PlaSrt age 126 of 144 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 Conservation Collier Program: Appendix 6- 18 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management Plar1 p age 127 of 144 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 Conservation Collier Program: Appendix 6- 19 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management Plart age 128 of 144 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. Conservation Collier Program: Appendix 6- 20 Item # 16E8 September 23, 2008 ,_.. Nancy Payton Preserve Land Management PlanPage 129 of 144 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 Conservation Collier Program: Appendix 6- 21 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management Plad age 130 of 144 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 Conservation Collier Program: Appendix 6- 22 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management PlanPage 131 of 144 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). Conservation Collier Program: Appendix 6- 23 Item # 16E8 September 23, 2008 Nancy Payton Preserve land Management Plari S age 132 of 144 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 Conservation Collier Program: Appendix 6- 24 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management Platpage 133 of 144 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. Conservation Collier Program: Appendix 6- 25 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management Plad age 134 of 144 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 Conservation Collier Program: Appendix 6- 26 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management Platt S age 135 of 144 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. Conservation Collier Program: Appendix 6- 27 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Manaeement Plar S age 136 of 144 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 Conservation Collier Program: Appendix 6- 28 Item # 16E8 September 23, 2008 ---- Nancy Payton Preserve Land Management Plarpage 137 of 144 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 Conservation Collier Program: Appendix 6- 29 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management PlaSrt age 138 of 144 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. Conservation Collier Program: Appendix 6- 30 Item # 16E8 September 23, 2008 -- 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 Item # 16E8 September 23, 2008 „_. Nancy Payton Preserve land Mana¢ement PlanPage 141 of 144 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 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management Plan Page 142 of 144 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 Item # 16E8 September 23, 2008 _. Nancy Payton Preserve Land Management Plart age 143 of 144 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 Item # 16E8 September 23, 2008 Nancy Payton Preserve Land Management Plarpage 144 of 144