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CCLAAC Agenda 02/01/2023AGENDA CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE January 4, 2023, 1:00 P.M. Commission Boardroom W. Harmon Turner Building (Building "F"), Third Floor All interested parties are invited to attend, and to register to speak. Individuals who would like to participate in person must complete and submit a speaker form. Members of the public who would like to participate remotely, should register HERE to fill out the online speaker registration form. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. Individuals who register online will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Summer Araque at (239) 252-2979 or email to: ConservationCollier@colliercountyfl.gov 1. Roll Call A. Approval of CCLAAC Members attending the meeting remotely 2. Approval of Agenda 3. Approval of December 7, 2022, Meeting Minutes 4. Old Business A. Acquisition Cycle 10 Purchase Agreements 1. Dr. Robert H. Gore III Preserve project a. Craparo b. Fleming 2. Red Maple Swamp Preserve project a. Castillo 3. Winchester Head Preserve project a. Trofatter B. Acquisition Cycle 10 Updates C. Affirmation of Cycle 11B Ranking List for BCC Review Note: CCLAAC will be requested to vote on allocation of funds for the Multi -parcel project areas. Otherwise, no revisions to the Ranking List are proposed. This agenda item is review of the list to ensure the vote by the CCLAAC on December 7, 2022 was accurately captured. 5. New Business A. Vote for Chair and Vice -chair B. Committee Member Application(s) C. Land Management Plan reviews 1. Rattlesnake Hammock Preserve Final Management Plan 6. Coordinator Communications A. BCC Items B. Member Recognition C. Miscellaneous Items 7. Subcommittee Reports A. Lands Evaluation & Management — Chair, Bill Poteet —next meeting February 2023 B. Outreach — Chair, Brittany Patterson -Weber —next meeting January 20, 2023 C. Ordinance Policy and Rules — Chair, Michele Lenhard - last meeting June 1, 2022 8. Chair and Committee Member Comments 9. Public General Comments 10. Staff Comments 11. Next Meeting — February 1, 2023 12. Adjourn ****************************************************************************************************** Committee Members: Please notify Summer Araque at 252-2979 no later than noon Tuesday, January 3, 2023, if you cannot attend this meetinq or if you have a conflict and will abstain from voting on an agenda item. January 4, 2023 MINUTES OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE MEETING Naples, Florida, January 4, 2023 LET IT BE REMEMBERED, the Conservation Collier Land Acquisition Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F", 3ra Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIR: Bill Poteet VICE CHAIR: Michele Lenhard Gary Bromley (via Zoom) Brittany Patterson -Weber David Corban (Excused) Karyn Allman Ron Clark Rhys Watkins (via Zoom) John Courtright ALSO PRESENT: Summer Araque, Conservation Collier Program Coordinator Sally Ashkar, Assistant County Attorney Mitchell Barazowksi, Environmental Specialist 1 January 4, 2023 1. Roll Call Chairman Poteet called the meeting to order at 1:OOP.M. Roll call was taken and a quorum was established with 6 Members present in the Boardroom. A. Approval of CCLAAC Members attending the meeting remotely Ms. Lenhard moved to allow Mr. Bromley and Mr. Watkins to participate in the meeting via Zoom due to an extraordinary circumstance. Second by Ms. Patterson -Weber. Carried unanimously 6 — 0. 2. Approval of Agenda Ms. Lenhard moved to approve the Agenda subject to hearing Item 5.B before 5.A and renumbering the Agenda accordingly. Second by Ms. Patterson -Weber. Carried unanimously 8 — 0. 3. Approval of December 7, 2022 Meeting Minutes Ms. Allman moved to approve the minutes of the December 7, 2022 as presented. Second by Mr. Clark. Carried unanimously 8 — 0. 4. Old Business A. Acquisition Cycle 10 Purchase Agreements Ms. Araque reported the Board of County Commissioners (BCC) discussed the program's purchasing policy at a recent meeting and whether a value lower than the appraisal should be allowed to be offered to the willing seller. The item is proposed to be discussed in greater detail at the January 10, 2023 meeting and until such time, their approval of purchase agreements will be delayed. The Committee discussed the issue noting the policy of offering fair market value to willing sellers should remain intact and noted it may be advantageous to provide a recommendation to the BCC to aid in their deliberations. Speaker Rich Blonna, City of Marco Island spoke in support of notifying the BCC on the Committee's potential recommendation for the purchase policy. Ms. Patterson -Weber moved to recommend the Board of County Commissioners not change the Program's purchase policy. Second by Mr. Courtright. Ms. Askar noted any changes would require an amendment to the Resolution governing the purchase policy. Motion carried unanimously 8 — 0. The following items were approved in one motion but listed separately for recording purposes. The Committee requested Staff to review the "Fiscal Impact" section of the Executive Summaries and proposed agreements to ensure the management costs and any related information identified is consistent. 1. Dr. Robert H. Gore III Preserve project a. Craparo 2 January 4, 2023 Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and Purchase for 1.64 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $44, 750 (Craparo) " for consideration. Ms. Lenhard moved to recommend the Board of County Commissioners Approve an Agreement for Sale and Purchase for 1.64 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $44, 750 (Craparo). Second by Ms. Patterson - Weber. Carried unanimously 8 — 0. b. Fleming Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and Purchase for 1.64 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $44, 750 (Fleming) " for consideration. Ms. Lenhard moved to recommend the Board of County Commissioners Approve an Agreement for Sale and Purchase for 1.64 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $44, 750 (Fleming). Second by Ms. Patterson - Weber. Carried unanimously 8 — 0. 2. Red Maple Swamp Preserve project a. Castillo Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and Purchase for 5.41 acres within the Red Maple Swamp Preserve Multi parcel Project under the Conservation Collier Land Acquisition Program, at a cost not to exceed $90,300 (Castillo) " for consideration. Ms. Lenhard moved to recommend the Board of County Commissioners Approve an Agreement for Sale and Purchase for 5.41 acres within the Red Maple Swamp Preserve Multi parcel Project under the Conservation Collier Land Acquisition Program, at a cost not to exceed $90,300 (Castillo). Second by Ms. Patterson -Weber. Carried unanimously 8 —0. 3. Winchester Head Preserve project a. Trofatter Ms. Araque presented the Executive Summary "Approve an Agreement for Sale and Purchase for 1.14 acres adjacent to the Winchester Head Multi parcel Project under the Conservation Collier Land Acquisition Program, at a cost not to exceed $29,150 (Trofatter) " for consideration. Ms. Lenhard moved to recommend the Board of County Commissioners Approve an Agreement for Sale and Purchase for 1.14 acres adjacent to the Winchester Head Multi - parcel Project under the Conservation Collier Land Acquisition Program, at a cost not to exceed $29,150 (Trofatter). Second by Ms. Patterson -Weber. Carried unanimously 8 — 0. B. Acquisition Cycle 10 Updates Ms. Araque provided the "Cycle 10 Active Acquisition List Approved by BCC January 25, 2022 " for information purposes noting Staff continues to pursue acquisition of the properties and all offers have 3 January 4, 2023 been provided to owners on the A -List. Acquisition work also continues for those parcels located in the multi parcel project areas. C. Affirmation of Cycle I I Ranking List for BCC Review - Note: CCLAAC will be requested to vote on allocation of funds for the Multi parcel project areas. Otherwise, no revisions to the Ranking List are proposed. This agenda item is review of the list to ensure the vote by the CCLAAC on December 7, 2022 was accurately captured. Ms. Araque presented the "Cycle I I B Active Acquisition List for BCC review - 12-20-22" for review. She provided an overview of the list noting: • The properties slated for acquisition exceed budgeted amounts however the Owl Hammock property may be purchased over a series of years. • The concept for dedicating funds to multi parcel project consists of an allotment based on the estimated total cost of the properties in the designated area and a relative ratio of funds dedicated per year. • The acquisition funding including those for multi parcel projects are subject to review approximately every 6 months during the new Cycle period. Speaker Brad Cornell, Audubon of the Western Everglades pointed out measures should be taken to ensure there is adequate funding allocation for purchases of the properties in multi parcel projects over the next 7 — 10 years. Another factor to be considered should be how to manage funds in future Cycles given the acquisitions may exceed the budget in certain years, while those in other years may be less than budgeted amounts. Mr. Courtright moved to approve Staffs recommendation for the allocation of funds for the Multi Parcel project areas. Second by Ms. Allman. Carried unanimously 8 — 0. Mr. Poteet moved to approve the Cycle IIB Ranking List as presented by Staff. Second by Ms. Patterson -Weber. Carried unanimously 8 — 0 (This motion was approved following Item 5.B). 5. New Business A. Committee Member Application(s) (this item was heard at 1:1 S, time certain) Ms. Araque reported there are 2 Committee Member terms expiring (Chairman Poteet and Ron Clark) with Robert Ippaso, Ron Clark and Corey McCloskey submitting applications for consideration to fill the seats. Speakers Robert Ippaso spoke on his desire to be appointed to the Committee. Corey McCloskey spoke on her desire to be appointed to the Committee. Ron Clark spoke on his desire to be reappointed to the Committee. Ms. Lenhard moved to recommend the Board of County Commissioners re -appoint Ron Clark to the Conservation Collier Land Acquisition Advisory Committee. Second by Ms. Patterson -Weber. Carried unanimously 8 — 0. Chairman Poteet moved to recommend the Board of County Commissioners appoint Corey McCloskey to the Conservation Collier Land Acquisition Advisory Committee. Second by Ms. Lenhard. Carried unanimously 8 — 0. 0 January 4, 2023 B. Vote for Chair and Vice -chair Chairman Poteet nominated Michelle Lenhard for Chair of'the Conservation Collier Land Acquisition Advisory Committee. Ms. Lenhard nominated Brittany Patterson -Weber for Chair of the Conservation Collier Land Acquisition Advisory Committee. A straw poll of the Committee Members was taken with Ms. Lenhard receiving 6 votes and Ms. Patterson -Weber receiving 2 votes for Chair of the Committee. Ms. Lenhard assumed the Chair Selection of Committee Vice Chair Ms. Lenhard moved to nominate Brittany Patterson -Weber for Vice Chair of the Conservation Collier Land Acquisition Advisory Committee. Second by Mr. Poteet. Carried unanimously 8 — 0. C. Land Management Plan reviews 1. Rattlesnake Hammock Mr. Barazowksi presented the "Rattlesnake Hammock Preserve Land Management Plan - January 2023 - January 2033 (10 Year Plan) " for consideration. He presented a PowerPoint on the plan which includes historical land use, management framework, vegetation, recreation and wildlife management, proposed amenities, safety and security, cultural resources and the budget. Speakers Kerry Geroy, neighbor, expressed concern over the Preserve and the proposed construction of 10 parking spaces and potential public use of the property. She recommended the Preserve Plan be amended to close the site to public use and/or the number of parking spaces proposed be reduced to 4 or less. Keith Vogt, adjacent property owner expressed concern over possible negative impacts to environmentally sensitive vegetation and wildlife due to public use of the property and traffic impacts on the neighborhood. Bernadine Harris, neighbor expressed concern on negative impacts on safety and the overall character of the area due to possible high levels of public use at the Preserve, especially after dark. She recommended it be closed to public use. She noted it may be beneficial to allow beehives on the property to support the honeybee population — Mr. Barazowksi noted the County does promote pollen friendly plantings on preserves. During Committee discussions it was noted: • Preserves generally experience low intensity public activity (compared to a park) and the site will be monitored for any negative impacts on the neighborhood, vegetation or wildlife. • Visitors to preserves are generally environmentally conscious and seek a serene setting. • Staff and the Committee seek to partner with neighborhoods in areas of preserves and work with the Collier County Sheriff's Department to address issues. • The site is also limited in use during the year as it is compromised by ponding water in the rainy season. 5 January 4, 2023 • Consideration may want to be given to seeking permits for 10 parking spaces but constructing 5 spaces initially and adding additional spaces if necessary — Staff noted this concept may increase the budget for the amenities. • Another more cost-effective option may be constructing the 10 spaces and if demand dictates, reducing the number of spaces in the future as too few spaces initially constructed may promote street parking adjacent to the preserve. • The plan may be amended as necessary to address issues which may arise in the future. • County review will be required before permits are issued for construction of the parking spaces. • Closing it to public use is premature as there is no evidence there will be negative impacts on the neighborhood. Mr. Poteet moved to recommend the Board of County Commissioners adopt the "Rattlesnake Hammock Preserve Land Management Plan - January 2023 - January 2033 (10 Year Plan)" as presented. Second by Mr. Courtright. Carried unanimously 8 — 0. 6. Coordinator Communications A. BCC Items Ms. Araque reported: • 12/13/22 - The Board of County Commissioners approved the Committee's recommendations for the Cycle 11B ranking and directed Staff to pursue acquisition of the A -List properties. • 1/10/23 —Discussion of the Program's purchasing policy. B. Member Recognition The Committee recognized Mr. Bromley's 5 years of service on the Committee. C. Miscellaneous Items Ms. Araque requested Members to submit their "Area of Interest" worksheet to Staff help ensure the Member categories are correctly represented. 7. Subcommittee Reports A. Lands Evaluation & Management — Chair, Bill Poteet — next meeting February 16, 2023 Mr. Poteet reported the Committee reviewed the Rattlesnake Hammock Preserve Land Management Plan at the last meeting. B. Outreach — Chair, Brittany Patterson -Weber —next meeting January 20, 2023 C. Ordinance Policy and Rules — Chair, Michele Lenhard - last meeting June 1, 2022 8. Chair and Committee Member Comments Mr. Watkins recognized Ms. Lenhard and Ms. Patterson-Weber's appoints for the Committee and thanked Mr. Poteet for his service to the citizens of the County. 9. Public General Comments None 10. Staff Comments None C January 4, 2023 11. Next Meeting — February 1, 2023 Staff was requested to confirm the meeting schedule identifying March 81, 2023 as a regular meeting given it is the second Wednesday of the month. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 3:55P.M. Conservation Collier Land Acquisition Advisory Committee Michele Lenhard, Chair These minutes approved by the Board/Committee on as presented or as amended VA Caracara Prairie Preserve Conservation Bank Habitat Management Plan Introduction Collier County (County) has acquired the Caracara Prairie Preserve for conservation purposes and proposes to use the property to offset impacts to the Florida panther (Puma concolor corgi) (panther) from County projects. The Caracara Prairie Preserve Conservation Bank (Bank) will be managed for conservation, protection, and enhancement of natural resources and for passive and compatible public outdoor recreation. Biological Goals The biological goals are to (1) protect, manage and restore (as appropriate) the native habitats on site, and (2) monitor management activities as they affect the Florida panther, listed plant and animal species, native vegetation, water quality and wildlife habitat. Objectives The Bank will be managed for conservation and recreational uses by 1. maintaining upland, invasive, exotic vegetation at a manageable level; 2. maintaining grassland habitat through cattle rotation, mowing, and burning; 3. maintaining forested land through prescribed fire regime; and 4. conducting scheduled, controlled hunts for feral hogs and turkey 5. maintaining a passive recreational hiking trail for public visitors and guided outreach hikes throughout the year The value and integrity of the Bank will be maintained by 1. marking the property boundaries with conservation land signs; -2. gating the property to reduce uncontrolled access; and 3. conducting routine law enforcement patrols. Strategy The Bank was selected and designed to provide conservation value to the panther and other threatened and endangered species in Collier County, --and to provide passive recreational opportunities to local citizens. An active management plan is proposed to restore native communities where feasible and control invasive plants. Sufficient funds will be set aside to maintain these ecological improvements in perpetuity. Site Description The 367.7-acre Caracara Prairie Preserve Conservation Bank is located at 2320 Corkscrew Rd. in Immokalee, Florida (Figure 1). The northwest corner of the property is approximately 13.5 miles east of Interstate 75 on Corkscrew Rd. The property is located in Section 30, Township 46, Range 28. The bulk of this property is designated as —open spacell in the Rural Lands Stewardship Area (RLSA) (Collier County 2007). A small portion, approximately 50 acres, is within the RLSA Habitat and Flow --way Stewardship Areas. The property has mixed -land use designations consisting of improved pastureland, former cultivated areas, wetlands, and wooded areas. The Caracara Prairie Preserve Conservation Bank is bordered by CREW lands to the north, east and south. These lands are designated as conservation areas and were acquired by the South Florida Water Management District (SFWMD) with funds from the Save our Rivers Program. These lands are mandated to be managed in an environmentally acceptable manner and restored to their natural state. SFWMD may make certain capital improvements, i.e. fencing, access roads/trails, and provide basic public facilities on their lands. In addition, habitat management such as control of exotic species and prescribed burning may be conducted. The legislation (373.59 F.S.) also requires SFWMD to develop appropriate public use. The Caracara Prairie Preserve is bordered by active agriculture to the west. These lands are within the Lee County boundary. Several historical sites are located nearby but no sites were identified on the Caracara Prairie Preserve (Figure 2). The Caracara Prairie Preserve is not within an area of historical and archaeological 2 probability, and the Florida Department of State Division of Historical Resources' Master Site File lists no known historical or archaeological sites on the property (Appendix A). If evidence is found to suggest that any archaeological or historical resources exist on site, the County will notify the Division of Historical Resources immediately. Where 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 267.0612 (a) and (b). Portions of the property were used historically for the cultivation of row crops. The property was undeveloped prior to the 1950's. A Phase I and II Environmental Site Assessment performed by URS Corporation in October 2007 identified five areas on -site totaling approximately 105 acres that were formerly used for agriculture. (Bank Agreement Exhi i ) Furrows used in row crop cultivation are still present on the property. Historical aerial photographs indicate that the cultivation was conducted between the 1950's up until the 1970's. Pesticide levels found by URS within the pasture soils were not high enough to warrant concern regarding the use of the property as a conservation area Agreement -&�iit ) Project Area Applicability for Mitigation - The Bank is located within Florida Fish and Wildlife Conservation Commission (FWC) Priority 1 Habitat for Florida Panther and within the U.S. Fish and Wildlife Service (Service) Panther Focus area with about 67% of the Bank in the Primary Zone and 33% in the Secondary Zone (Service 2007) (Figure 3). The property is surrounded on the north, east, and south sides by conservations lands, and is made up of habitat suitable for the panther. In addition, a least -cost panther dispersal pathway crosses the southern portion of the property (Swainson et al. 2005). Physical Setting The Caracara Prairie Preserve is located withini-n the Corkscrew Regional Ecosystem Watershed (CREW). CREW is a 60,000-acre watershed spanning Lee and Collier Counties (Figure 1). CREW's 5,000- acre marsh is the headwater for the entire watershed and is located ne#tra 2roximately .25miles east of the Caracara Prairie Preserve. - Historically the property was pine flatwoods, wetland hardwood, and freshwater marsh (Davis 1967). Soils 3 The property is composed of seven major soil types (Table 1) of which most are non-hydric (Figure 4). The soil types indicate the historical habitat types were mesic flatwoods and wet prairie. Table 1. Soil types, area, and expected habitat of the -Caracara Prairie Preserve. Soil Acres Habitat' Basinger Fine Sand 1.8 Hydric Flatwood Chobee; Winder; And Gator Soils; Depressional 41.7 Wet Prairie Immokalee Sand 50.9 Mesic Flatwood Riviera Fine Sand; Limestone Substratum 50.1 Wet Prairie Tuscawilla Fine Sand 9.1 Hammock Wabasso Sand 211.7 Mesic Flatwood Winder; Riviera; Limestone Substratum; and Chobee Soils; 2.4 Marsh Depressional 'Zahina et al. 2007 Vegetation Four vegetation types were identified in the survey for the Prescribed Grazing Plan (Appendix B) and described below (Figure 5). Plant common and scientific names follow Wunderlin and Hansen (2008). Prairie — 205.5 acres. Prairie areas are currently improved pasture dominated by bahiagrass (Paspalum notatum) seeded for cattle forage. Most pastures are in fair to good condition. The pastures also contain smutgrass (Sporobolus indicus), dogfennel (Eupatorium capillifolium), wax myrtle (Myrica cerifera), and other weedy undesirable species. Plant composition transects show an average of 60-70% bahiagrass and 30-40% weedy/undesirable species. Depressional marsh/ wet prairie — 78.8 acres. These are areas dominated by wetland plants and flooded for most of the wet season. These are very important habitats for many wildlife species. Most wetlands are in fair to good condition. Plant composition includes maidencane (Panicum hemitomon), trompetilla (West Indian marsh grass Hymenachne amplexicaulis), torpedograss (Panicum repens), pickerelweed (Pontederia cordata) primrosewillow (Ludwigia spp.), sedges, smartweed (Polygonum spp.), and marshpennywort (Hydrocotyle spp.). Trompetilla and torpedograss are invasive species. Mesic Flatwoods — 43.9 acres. The flatwoods areas are mainly composed of pine (Pinus elliottii), saw palmetto (Serenoa repens), oak (Quercus spp.), wax myrtle, broomsedge bluestem (Andropogon virginicus), forbs, and sedges. Blue maidencane (Amphicarpum muhlenbergianum) and chalky bluestem (Andropogon virginicus var. glaucus) are desirable grasses found in this habitat, and also good indicators of site condition. Most flatwoods are in fair to good condition. Shrub and Brush — 37.1 acres. This habitat is an interface between the flatwoods and depressional marshes that is being reclaimed by native weedy species. The improved pasture is being with encroached by woody species such as cabbage palm (Sabal palmetto), oaks, and wax myrtle. Biological Resources The following listed wildlife species have been observed on the property: COMMON NAME SCIENTIFIC NAME STATUS" State Federal Plants leafless beaked orchid Sacoila lanceolate T Catesb..y s lily Lilium catesbaei T cardinal airplant Tillandsia fasciculata E re -flexed wild pine Tillandsia balbisiana T giant Tillandsia utriculata E Birds 91 wood stork _Mycteria americana T Audubon's crested caracara Polyborus plancus audubonii T Florida sandhill crane AWLPone canadensis pratensis T roseate spoonbill Platalea aiaia T tricolored heron Egretta tricolor T little blue heron Egretta caerulea T Reptiles American alligator Alli actor mississipiensis ST S/A gopher tortoise Gopherus Polyphemus T Eastern indigo snake Drymarchon corais couperi T Mammals 5 Florida panther Puma concolor coryi E Big Cypress fox squirrel Sciurus nigger avicennia T flovidanus) FWC T; and numer-ous freshwater- wetland dependent listed bird speeies ineluding E. Table 2. Federally and state -imperiled species observed on Caracara Prairie Preserve Species to be covered The Florida panther will be covered by this Habitat Management Plan. Collier County reserves the right to add the crested caracara to the covered species in the future if conditions on the Bank property are consistent with Service policy for caracara compensation when the policy is completed. Local Habitat Requirements Florida Panther - Panthers use the mosaic of habitats available to them as resting and denning sites, hunting grounds, and travel routes. These habitats include cypress swamps, hardwood hammocks, pine flatwoods, seasonally flooded prairies, freshwater marshes, and some agricultural lands. The cover habitats in south Florida used most often by the panther include: hardwood swamps, tree islands or hammocks, and pine flatwoods with dense palmetto. These cover areas are important for denning and rearing of young. Dense understory vegetation comprised of saw palmetto provides some of the most important resting and denning cover for panthers (Maehr 1990). Panthers sometimes utilize nonforest cover types, including areas disturbed by humans (Belden et al. 1988, Maehr et al. 1991, Comiskey et al. 2002). Forest patches of all sizes appear to be important components of the landscapes inhabited by panthers, not just the larger forest patches. Panther habitat selection is related to prey availability (Janis and Clark 1999, Dees et al. 2001) and, consequently, prey habitat use. White-tailed deer (Odocoileus virginianus) and hogs (Sus scrofa) constitute 67% of the panther diet. Exotics [hog and armadillo (Dasypus novemcinctus)] account for almost half of the panther diet. Hardwood hammocks and other forest cover types are important habitat for white-tailed deer and other panther prey (Harlow and Jones 1965, Belden et al. 1988, Maehr 1990, Maehr et al. 1991, Maehr 1992, Comiskey et al. 1994, Dees et al. 2001). Periodic understory brushfires (Dees et al. 2001) as well as increased amounts of edge (Miller 1993) may enhance deer use of hardwood hammocks, pine, and other forest cover types. Marshes, rangeland, rel and low -intensity agricultural areas support prey populations of deer and hogs (Comiskey et al. 2002, Beier et al. 2003, Comiskey et al. 2004, Beier et al. 2006). Site Habitat Available Florida Panther — The entire Caracara Prairie Preserve (367.7 ac.) is located in the Panther Focus area north of I-75. Panthers living north of 1-75 weigh more, produce more kittens, and raise more young than panthers to the south (USFWS 2006)._Approximately 81.4 ac. of the Caracara Prairie Preserve consists of mesic pine flatwoods/brush, a preferred cover habitat of the Florida panther. The 286 ac. of improved pasture and scattered wetlands are suitable habitat for prey populations of deer and hogs. Credits Criteria Florida Panther — Based on recent publications (Cox et al. 2006, Kautz et al. 2006, Land et al. 2008) values were assigned to the habitats. The proposed panther credit follows the panther habitat units (PHUs) assigned the each habitat type on -site (Table 43). Table -23. Habitat category, value, area, and panther habitat units (PHU) for the Caracara Prairie Preserve. Habitat Limerock oil drilling pad and tank battery pad Oil pad access road Prairie (improved pasture) Marsh/wet prairie Pine Flatwoods Shrub/brush TOTAL Value Acres PHU 0 1.6 0 0 0.8 0 5.2 205.5 1068.6 4.7 78.8 370.4 9.5 43.9 417.1 5.5 37.1 204.1 367.7 2060.2 No habitat restoration is proposed at this time. Thus, 2060.2 PHUs will be released upon bank certification. The Banker reserved the right to request additional credit if pasture restoration is 7 undertaken, or alternatively the Banker may seek outside funding to complete the pasture restoration to native conditions. In the second case no additional panther credit will be requested. Service Area The Service Area for Florida panther will be Collier County (Figure 6). Credit will only be used for County projects. Land Protection On December 17, 2007, Collier County and the CREW Land and Water Trust acquired the Caracara Prairie Preserve. The County's land acquisition program Conservation Collier spent $5,032,000 and the CREW Land and Water Trust spent $300,000 towards the purchase of the property. Collier County and CREW Land and Water Trust share title to the Caracara Prairie Preserve. The property was purchased for conservation, protection, and enhancement of natural resources and for passive and compatible public outdoor recreation. Additionally, a conservation easement over the Caracara Prairie Preserve will be granted to the Florida Fish and Wildlife Conservation Commission (FWC) with the Service as a third party to the agreement_. (Ran' gr-eeffle„Exhibit F). Interim Mana _ eg ment Initial Restoration and Maintenance Collier County will be responsible for: (1) upland, invasive, exotic plant maintenance for ten years after initial removal (initial removal was completed on May 31, 2008), (2) external fencing, (3) initial fire break creation, (4) burn plans and prescribed burns, (5) posting, (6) vegetation monitoring, and (7) wildlife monitoring. Collier County's cattle lessee shall maintain any necessary internal fencing required to implement the Prescribed Grazing Plan (Appendix B). Long-term Management Collier County will be responsible for burn plans and prescribed burns, invasive, exotic plant maintenance and mowing after the first 10 years. FWC will be responsible for all administrative and managerial duties related to public use (i.e., passage of regulation changes, annual publication of area brochure, bag limits) during the periods of allowed hunting. The annual operating cost is estimated including maintenance, management, and monitoring costs. Table 3 outlines the costs of major activities through 2018. All dollar figures are estimates and will be reviewed from time to time and increased, if necessary, to ensure that all costs of establishing and managing the Conservation Bank will be covered. Table -34. Annual operating costs for the period 244-2z2019 through 244-8-2025 for the Caracara Prairie Preserve Conservation Bank. N. ACTIVITY FY12FY19 €Y13FY20 €Y14FY21 F-Y-1-5FY22 F-Y16FY23 €Y17FY24 €Y18FY25 Prescribed $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 fire FWC CE $1,250 $1,250 $1,250 $1,250 $1,250 $1,250 $1,250 monitoring Mowing $6,000 $6,000 $6,000 $6,000 $6,000 $6,000 $2,500 Exotics $39,000 $26,250 $15,000 $15,000 $7,500 $7,500 $2,500 OBV $45,400 $45,400 $45,400 $9,080 Monitoring $51,250 $9338,000500 $2772,250650 $27,250 $19,750 $65,150 $20,330 Management Trust Collier County will establish the Caracara Prairie Preserve Conservation Endowment Fund Trust (the -Trustll) for management of the Bank. Management costs for the interim period through credit sell out will be held in an interim management account within the Trust. All funds required for the interim period will be transferred into the interim management account upon creation of the Trust. A separate endowment fund within the Trust will be utilized to manage the Caracara Prairie Preserve in perpetuity. The endowment fund will be nonwasting providing for the annual operating cost from the interest only. Based on an average annual cost it is estimated that a fund value of $1,188,900 will be needed. The cost per credit that will be deposited into the endowment fund was determined by the average annual cost divided by a 1.5% capitalization rate. For each credit sold $577.08 will be placed in the endowment fund. X Average cost per five years Prescribed fire ($5,000/year) $25,000 Mowing ($2,500/year) $12,500 Exotic plant maintenance ($2,500/year) $12,500 Conservation Easement Monitoring ($1,250/year) $ 6,250 Monitoring ($9,080/year) $45,400 Five year total $101,650 Average cost per year $20,330 With a 1.5 percent capitalization rate, $1,888,900 ($20,330/0.015) is needed for the endowment fund. For each credit sold $577.08 ($1,888,900 divided by 2060.2 PHUs) will be deposited in the endowment fund. -Collier County will fully fund the endowment fund ($1,888,900) on January 1, 2018, if the fund is not fully funded through credit sales. The Trust will be invested consistent with the Investment Policy as set forth in the Caracara Prairie Preserve Conservation Bank Endowment Fund Trust Agreement between Collier County and the Clerk of the Circuit Court of Collier County. Control of Public Access The public will access the northern boundary of the Caracara Prairie Preserve by way of a trail leading from SFWMD Gate 5. Gate 5 will be open from dawn to dusk, and FWC staff will routinely patrol the Caracara Prairie Preserve as part of their regular SFWMD CREW lands patrol. Future trails through the Caracara Prairie Preserve will follow fire breaks and other existing disturbed areas. Kissing gatesll will be installed at points where cattle -fencing crosses the trail. This will alleviate the need for additional gates. At public access points, the boundary fence will be marked with signage designating the area as conservation land. Approved activities on the Bank When the Caracara Prairie Preserve land was initiallv Durchased by the Countv. the oil. Lyas. and mineral rights were not included in the sale and the property can be drilled lawfully beallowedwithin the C—amPrairie Pr-eserv€ (Figtffe7'�ppendix D)TThe Mack Oil Corporation will construct a 300 X 200 foot limerock pad to facilitate the drilling of an exploration well. The proposed access road will be an existing limerock road running along the northern edge of the property and an active, grass -covered pasture situated northeast of the well (3,502.8 feet X 10 feet). Temporary logging mats will be placed over two (2) swales that allow access for the construction of the limerock pad and exploration well within an improved upland pasture. The logging mats will be installed at grade in the swales to stabilize the area while allowing any surface flow to continue. No improvements will be made to the gravel road. The existing primitive trail will be stabilized with 10 limerock. The M aek Oil Cofpof Aieroil and _gas permit holders will be responsible for consulting with the Service about impacts to caracara. The limerock pad will be constructed within uplands designated as improved pasture situated half- way between wetlands north and south of the location. A gfa-s--,berm will surround the limerock pad. Wetlands begin approximately 100 to 130 feet from the proposed northern and southern perimeter berms. No wetland impacts are proposed during the construction of the limerock pad. If the exploration well is considered dry, the limerock pad will be restored to the adjacent grade after the well has been plugged and abandoned. The logging mats and silt fences will be removed from the swale crossings, unless Collier County chooses to retain the limerock pad and logging mats. If sufficient minerals are available, additional permitting will be required, feet) will need to be eenstrueted in the net4l+west eemen . Access to the production well will occur through the northwestern gate. No impacts are proposed during the construction of the the t battery d access road. The following conditions will be included in the State drilling permit Number 1335 for the No. 30-2 ffurCaracara Prairie Preserve drilling site: .��eesi !�srisr_re!ss.. .rMT.�ee:•*ea�srs�:�e•n� 11 if desifable, Collief County will deeide in the fiitiufe if they want to fetain the liffiefeek pad a-H A limer-ock beneath the tank battefy (if builo after- the well has been plugged and abandoned. Access • Well site access will occur via gated entry in the Northwest corner of the property utilizing the lime rock access road shown in attached man. • Operator will be responsible for ensuring, perimeter gate is closed and locked after each use and access to the preserve by designatedparties is not impeded through the perimeter access gate. • Operator will be responsible for the replacement of all culverts along the lime rock access road from the access ,gate to the existing pad, before drilling rig construction commences. Operator must comply with all federal, state, and local laws and permitting procedures required for culvert replacement. • Operator will be responsible for maintaining the access road to the well site and completing necessarX repairs or maintenance in a timely manner. Trend Exploration will submit a Road Maintenance Plan to the County Preserve Manager within 30 days of commencement of drilling activities. • All vehicle operators accessing the preserve will follow the hosted Sneed restrictions of less than 15mph and remain vigilant for wildlife and cattle in close proximity to the oil pad and access road. State - threatened Big Cypress fox squirrel have been observed foraging within 15 feet of the oil well access gate. State -threatened Florida sandhill cranes and their flightlessyoung have been observed foraging along the oil well access road and in the marshes and pastures surrounding the oil well. • All vehicles and equipment required for oil and gas activity will remain within the footprint of the well - site access road and well pad at all times. • No vehicles, equipment, or debris may be stored or traverse the designatedpreserve area without prior approval from Collier County. • Operators will be responsible for providing an additional combination lock on the access gate for use by all personnel, to be removed after activities have ceased. This combination lock will remain locked between uses by personnel to maintain site security. Wildlife and Public Disturbance Mitigation • Caracara Prairie Preserve is located within the USFWS Crested Caracara Consultation Area. Federally threatened Audubon's crested caracara utilize the preserve year-round and have been recorded nesting on the property. Trend Exploration will be responsible for consulting with the USFWS regarding . impacts to the crested caracara and all Federally listed species that may be found on the preserve, as well as the Florida Fish and Wildlife Conservation Commission (FWCC)regarding State -listed species that may be impacted. 12 • Exploratory drilling operations are requested to occur outside of the Federally threatened Audubon's Crested Caracara primary breeding season from November 1 through MU 1 due to the proximity of known nesting locations to the well site. • Permit applicants will be responsible for consulting with the USFWS and FWC regarding impacts to listed species, wildlife permit conditions, seasonal drilling restrictions, and mitigation requirements. Permit applicants will be responsible for ensuring required wildlife surveys are conducted by a professional biologist with the necessary experience in listed species survey_ protocols. • From FWC CREW WEA wading bird survey data, we know that many state -and -federally -listed avian species roost and forage in the ephemeral wetlands surroundingthe he oil pad and access road. Caution should be used by vehicles accessing the oil pad, so as not to cause injury or mortality to these listed species. In addition, best management should be taken into account during operation, so equipment or debris left on and near the oil pad does not inadvertently injure wildlife. • Federally and state -listed species that may be found on Caracara Prairie Preserve include the Florida panther (FE), Everglade's snail kite (FE), Florida bonneted bat (FE), American Alligator (FT), Eastern indigo snake (FT), Wood stork (FT), Big. Cypress Fox Squirrel (ST), Gopher tortoise (ST), Crested Caracara (ST), Florida burrowing owl (ST), Florida sandhill crane (ST), Little blue heron (ST), Roseate Spoonbill (ST), Southeastern American kestrel (ST), Tricolored heron (ST), and Osprey (SSC. FE = Federally designated Endangered, FT = Federally -designated Threatened, ST = State -designated Threatened, SSC = State Species of Special Concern o A listed species identification chart will be provided to Trend Exploration by the Preserve Manager to be posted at the drill site. Crew members will be responsible for notifying the Preserve Manager if direct impacts to listed species are observed by drilling activities: (ex: burrows located within 100 ft of well pad, mortality due to equipment collision, etc.) • Trend Exploration will be encouraged to follow practices that limit impacts to wildlife and public users of the preserve as a result of drilling activities including, but not limited to: o Noise that has the potential to disturb wildlife, livestock, and surface owners or neighbors should be controlled to reduce sound levels. Suitable mufflers should be installed on all internal combustion engines and certain compressor components. o Lightingfor operations (if utilized) should aim to increase visibility for ,grounds crew and reduce sky -glow and unnecessary light pollution. When applicable, flood lights should be aimed down to illuminate the work area rather than the horizon or fitted with manufacturer shields. LEDs should be limited to 3,000 Kelvin. When possible and safe to do so, use of site lighting should be restricted to limit impacts to wildlife. o All long-term facility structures on -site (if built) should be painted a color that enables the facilities to blend with the natural background color of the landscape as seen from a viewing distance. The selected color should be one to two shades darker than the dominant background color, typically a vegetation color. Safety hazards such as tripping hazards should be painted a bright color to contrast the permanent structure. Site Requirements: Further conditions of the drilling permit are specified within the Caracara Prairie Preserve Land Management Plan 13 • Before commencing any drilling or unplugging activities, Trend Exploration will be responsible for making necessary repairs to the containment berm surrounding the well site including reinforcing the height width of the berm to previously_ permitted standards and mowingexisting xisting vegetation atop the berm. • It is requested that the surface layout as detailed in the application be changed such that battery, tanks, and flow lines (if built on -site) are re -located to within the existing well pad infrastructure and updated maps with these requirements are submitted to the Preserve Manager within 60 days of the start of any drilling activities. • Trend Exploration will be responsible for constructing secondary containment berms around existing supply wells located within the main containment berm. • Prior to drilling activities, Trend Exploration will be responsible for removing and properly disposing of existing debris on -site related to previous oil activity including the catwalk infrastructure wood pile and unused cellar material located outside of the Southwest corner of the Dad. • Trend Exploration will keep the well -site tidy of debris for the duration of the exploratory drilling activities in consideration of the public users of the preserve. • Position propane tank on the lime rock pad no closer than 50' from the perimeter berms. Ensure that the existing containment berm surrounding this 18,000-gallon tank is adequate for spill containment. • The Caracara Preserve Manager will conduct an on -site assessment and cataloging of well pad conditions prior to the commencement of activities. If desirable, Collier County will decide in the future if they want to retain the lime rock pad after the well has been plugged and abandoned. If it is decided that the County does not desire to retain the pad and site, Trend Exploration will be responsible for returningthe he impacted areas to the original state prior to drillingactivity. ctivity. • Retain one water supply well for fire protection after the exploratory oil well has been plugged and abandoned. After the oil well has gone through required plugging and abandonment procedures, Trend Exploration will degrade the secondary -containment berm surrounding the water supply well to an elevation level with the surrounding landscape. • In the event that the exploratory well is deemed not to be commercially Productive and/or cap and abandonment action is taken, the operator will remove all equipment and storage tanks from the preserve, including, but not limited to, the 18,000 gallon storage tank, cellars, catwalk material, debris, and any residual fluids, and rig securing infrastructure from previous drilling operations within 30 days of ceasing of exploratory activities. • At Collier County's discretion, remediation and restoration of the oil pad and oil well access road will be carried out and funded b, t�perator. Restoration activities may include: degrading all containment berms, ensuring that the oil pad is returned to the same grade as the surrounding preserve area, removing. the oil pad access road and bringing the road footprint down to the grade of the surrounding preserve area, seeding or sodding the project footprint with appropriate native vegetation, obtaining any necessary state or federal permits required for restoration activities, conducting any required wildlife surveys for federally or state listed species that may be impacted during restoration activities following consultation with the USFWS and Florida Fish and Wildlife Conservation Commission. • Site restoration will take place no later than (1) year from the date that the exploratory well is deemed to be 14 not commercially_ productive. Reportin • Trend Exploration will notify the Caracara Prairie Preserve Manager prior to commencement of culvert replacement and road maintenance, rig construction, drilling activities and site access by vehicular traffic. • Collier County, as the surface owner, will be notified in the event of any modifications or additions to existing application activities, including, but not limited to, permit modifications, permit extension applications, additional well applications, deep injection site applications, and listed species incidental take permit applications. • Residential housing and government operations reside within 1.2 miles of the Trend Exnloration oil Dad. Residents and the government offices should be notified if seepage from the containment unit or any emergency occurs that could be considered a health or safety hazard. Contact information for these individuals is below: o Kathleen Smith, FWC Biologist for CREW WEA at Kathleen. SmithkMyFWC.com o Joe Bozzo, SFWMD CREW Management Area Land Manager at jbozzo cksfwmd.gog_v • The following staff must be notified within 24-hours of anv imDacts to State or Federallv-listed sDecies (mortalityjury to listed species, destruction to habitat of listed species, etc): o Molly DuVall, Preserve Manager at Molly.DuVa11(cr�,CollierCountyFL.gov o Kathleen Smith, FWC Biologist CREW WEA at Kathleen. SmithAMyFWC.com o Joe Bozzo, SFWMD CREW Management Area Land Manager at jbozzoksfwmd.gov • The Caracara Prairie Preserve manager will be notified prior to any scheduled wildlife surveys taking place within the preserve and will be provided a copy of the schedule, methods, data, and final reports. • The Caracara Prairie Preserve manager will be notified of the exploratory oil well project timeline no less than 30 days before activities commence. If built, the tank battery pad will be subject to a separate permit through the Florida Department of Environmental Protection Oil and Gas Section. A condition of the permit will be that the oil well operator will bear the future cost of remediation from any spills or contamination that may result from its operations and that the oil well operator will maintain, keep in force and effect, and provide an ongoing Spill Prevention Control and Countermeasures Program or protocol and will comply with all applicable laws and regulations governing its operations. Cattle grazing will be an approved activity on the Bank (Appendix EJ). The cattle lessee will graze his —cattle in accordance with the Cattle Lease Agreement (Appendix J) (Appendix Additionally, the following recreational activities are appropriate and encouraged on the Caracara Prairie Preserve per the CREW Management Area General Management Plan 2006 — 2011 South Florida Water Management District, Land Stewardship Division: 15 Nature Appreciation Nature appreciation includes wildlife viewing, nature photography, natural history study, and plant and wildflower identification. Environmental Education Environmental education is similar to nature appreciation but involves a structured learning process with facilitators and students. The CREW Land and Water Trust has developed an extensive program in cooperation with the Lee and Collier County School Boards. Students in the Lee and Collier County School Systems and other groups participate in these programs. Guided hikes are also provided to the general public on a regular basis. Hiking Hiking trails will be established that will link the Caracara Prairie Preserve to the SFWMD Gate 5 hiking trail system. These trails will provide access to a variety of habitats including hammocks, marshes, and flatwoods. The CREW area is remotes andremote and provides abundant backcountry opportunities. Visitors must be self-reliant. Supervision and visitor services are not provided, and users will be advised of these facts at access points. Users are required to pack out their trash. Primitive Camping Primitive camping is currently allowed in other areas of CREW by special use permit, at designated sites. Primitive camping via special use permit would be an allowable activity within the Caracara Prairie Preserve. Hunting Recreational hunting has been a primary use of CREW lands. The Caracara Prairie Preserve will beis incorporated into the FWC Corkscrew Marsh Unit Wildlife and Environmental Area (CREW WEA) via an interlocal agreement (Appendix C and will be managed under the same regulations currently in place on the WEA. No hunting will be allowed to take place within Caracara Prairie Preserve prior to the approval of this interlocal agreement between FWC and Collier County. Recommendations for the next five years include: • Manage the current hunting program as established by FWC rules and regulations. 16 • Employ management hunts as necessary to address specific needs. Management hunts will be scheduled during nonpeak periods when conducted in areas where other types of recreation are the primary activity. • Restrict or halt hunting if panther prey species surveys indicate a decline in panther prey base. • Prohibit the use of vehicles for hunting within the preserve boundaries. • Follow guidelines and regulations established for hunting and other recreational use on the FWC CREW WEA for hunts conducted on the preserve. There will be no exemptions to the permit requirement. Equestrian Use There will be opportunity for special equestrian events during dry periods in coordination with CREW Water & Land Trust. Staging these events will be evaluated individually, as conditions permit. A maximum of two equestrian events will be held per year with a maximum of five horses allowed per event. Collier County will consult with the Service prior to the staging of any equestrian events. Vehicular Use No unauthorized public vehicle use including off -road vehicles will be allowed within the Caracara Prairie Preserve. Target Natural Community The Flatwoods and Freshwater Marshes within the Caracara Prairie Preserve will be enhanced for wildlife. Under this Habitat Management Plan, the pasturespastureland within the Caracara Prairie Preserve Conservation Bank will remain pasture,_ and will be managed in accordance with the Prescribed Grazing Plan (Appendix B). Any future restoration of the „atepastureland will be considered separate from this Habitat Management Plan and any PHUs recovered from the Caracara Prairie Preserve Conservation Bank. Restoration All management activities occurring within the Caracara Prairie Preserve will be done in accordance with the CREW Management Area Five -Year General Management Plan (SFWMD 2006). Vegetation Initial Invasive Species Removal Collier County will be responsible for invasive, exotic plant maintenance in perpetuity after initial removal (initial removal was completed on May 31, 2008). A Collier County 17 contractor will target Category I and II nonnative plant species as identified on the Exotic Pest Plant Council's biennially updated list of Florida's Most Invasive Species (http://www.fleppc.org/), with the exception of torpedograss. Treatments (basal and/or foliar) will be quarterly for the first 2 years after initial treatment, and twice a year for the 3rd, 41n, and 5t' year after initial treatment. After the first 5 years of maintenance treatments, invasive plants, with the exception of torpedograss, will be basal or foliar treated annually and will not be allowed to make up more than 1 percent cover. Because the pasture land is actively grazed and torpedograss is a good food source for the cattle, torpedograss will only be treated if its coverage expands past its current extent. Time zero monitoring will assess the baseline overall percent cover by torpedo grass in each marsh within the preserve. All pesticide treatments will be consistent with Service -approved pesticide treatments (Appendix F!Q). Initial restoration vegetation management will include the following measures taken from the CREW Management Area Five -Year General Management Plan (SFWMD 2006). 5.2.1 Mowing for Wildlife Benefits In CREW, openings may be mowed every two to three years to maintain their structural integrity. Mowing is considered an alternative to prescribed burns when weather conditions or other constraints prohibit fire application. It will be avoided during the spring to protect ground -nesting birds. Mowing can provide similar benefits as grazing and fire by suppressing woody plant growth, and by encouraging grasses and low - growing herbs to produce new growth. Mowing improves brood habitat conditions for wild turkeys (Meleagris gallopavo) by reducing dense understory vegetation in hardwood hammocks, and invasion of woody plants in grassy fields. Mowing benefits rabbits (Sylvilagus floridanus) by providing a supply of growing forage. Smooth cuts are not required when mowing to improve wildlife habitat conditions. Mowing height is also generally not important, although a higher cut in early spring may leave important nesting cover for bobwhite quail (Colinus virginianus). 5.2.2 Exotic/Invasive Plants South Florida's subtropical climate provides an excellent growth environment for the rapid spread of exotic plants that can cause extensive alterations to natural ecosystems. Environmental changes caused by extensive hydroperiod alterations have been an important factor in exotic plant invasion. Exotic plant invasion can result in partial or total displacement of native plants, loss of wildlife habitat, and the degradation of public use areas. Collier County targets Category I and II non-native plant species as identified on the Exotic Pest Plant Council's biennially updated list of Florida's Most Invasive Species (http://www.fleppc.org/). Category I species include non-native plants that invade and disrupt Florida native plant communities. Category II plants have the potential to invade and disrupt natural successional processes. Both Category I and II exotics are considered invasive and a threat to the function and ecological stability of Florida's natural communities. Control efforts were initiated by SFWMD staff, volunteers from V. Corkscrew Swamp Sanctuary, and the CREW Land and Water Trust from 1990 through 1992 on lands adjoining Caracara Prairie Preserve. Work was concentrated in the flatwoods of Corkscrew Marsh where access was available via public roads. Control work in Flint Pen Strand began in 1994 using contractors. Since 1994, contract work teams spent an average of six months per year in Bird Rookery Swamp, Corkscrew Marsh and Flint Pen Strand. The prominent problem species were melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), downy rose myrtle (Rhodomyrtus tomentosa), cogon grass (Imperata cylindrica), and Old World climbing fern (Lygodium microphyllum). Of significant concern is Old World climbing fern, which persists in spite of consistent treatment since 1994. The District treats and surveys Lygodium infested areas several times a year to control established infestations and locate new ones in the CREW Management Area (MA). Invasive exotic plant control measures at Caracara Prairie Preserve will include a combination of herbicide application, prescribed fire, and physical removal. Selection of control measures will be dependent upon species type, environmental factors, and natural communities impacted. Private contractors will conduct exotic plant control activities in cooperation with Collier County. After 5 years of intense maintenance, treatments at Caracara Prairie Preserve will be scheduled so that the entire preserve is covered annually. Areas of treatment will be scheduled based on groundwater conditions, time since last treatment, severity of infestation, public use, and consistency with other management operations. All treatments will follow herbicide Best Management Practices (BMPs) and use the best available science 5.3.2 Prescribed Fire Planning A fire management plan will be developed for each management area within the preserve. Each plan will include a description of location and natural community types, fire history, fire management objectives and constraints, and a burn prescription. Collier County will base all fire management plans on ecological research and professional experience. Fire frequency schedules for each natural community will consider recommendations provided in The Natural Communities of Florida (FNAI 1990). To mimic historic fire conditions, Collier County will emphasize growing or lightning season burns (April - August) where possible, though weather conditions and smoke sensitive areas may make the timing difficult. Natural firebreaks will be utilized where possible to promote historic fire patterns, avoid soil disturbance, and reduce hydrologic flow disruption created by fire lines. Listed species life requirements and welfare will be elements of prescribed fire planning. Application of fire, with appropriately timed herbicide treatments, will be used as a tool for control of invasive plants. To mimic historical fire patterns, Collier County will endeavor to burn during the growing season. Burns will be executed using proven safety measures as defined by the Prescribed Burning Act of 1990, 590.026 Florida Statute. This legislation and associated administrative rules outlines accepted forestry burn practices and is administered through DOF. Collier County will utilize its own employees and will utilize other cooperating agency staff— SFWMD, DOF, Lee County, the CREW Land and Water Trust, and FWC to conduct burns at the preserve. All county staff will complete the state certified burn course to ensure fire safety and burning efficiency. Prescribed fire will be applied within the preserve at appropriate fire intervals for each natural community: Scrubby, Mesic and Wet Flatwoods These natural communities will be burned to maintain an open pineland structure with less than 50% canopy cover. Shrub hardwood densities, especially palmetto and gallberry (Ilex glabra), will be targeted at less than 20% coverage to encourage species diversity in herbs and grasses. Desired fire frequency is three to five= year intervals for mesic flatwoods, and three to eight years for wet flatwoods to maintain targeted vegetative cover composition and avoid hazardous fuel accumulation. Depression Marsh Small isolated marshes are dispersed throughout the flatwoods of CREW. Marshes will be burned with flatwoods to maintain open herbaceous ponds and control woody plants found on the edge of these depressions. The center of depression marshes may require drier conditions to carry fire, and a separate burn. Prescribed fire and mowing will be used to maintain the property in the appropriate successional state for wildlife. Hydrology The County may seek to restore the hydrology at a later date. No changes to drainage will be made to further restore the natural communities. The prairie areas within the site will remain in pasture grasses under this Plan. Any restoration to the prairie that might include changes in hydrology will be considered at a future date and any additional PHUs proposed then. Enhancement No vegetation planting is planned under this Habitat Management Plan. Should unforeseen or changed circumstances occur such as devastating wildfire or flood, vegetation enhancement will be employed to restore the Caracara Prairie Preserve to the appropriate successional state for wildlife, as will be established through vegetation monitoring and habitat type. Success Criteria Restoration and enhancement success will be measured through monitoring — see —Monitoringll section below. If monitoring of the Flatwoods and Freshwater Marsh reveals a vegetation composition inconsistent with the FNAI description, fire, woody vegetation removal, exotic plant removal, or planting (if necessary, after possible wildfire) will be enacted. If monitoring of the prairie areas reveals a vegetation composition inconsistent with recommended composition in the attached Prescribed Grazing Plan, cattle rotation, mowing, and burning may be performed. 20 Maintenance There will be no on -site equipment stored on the Caracara Prairie Preserve beyond temporary staging of equipment such as a tractor mower throughout the duration of an annual mowingeve vent. if the oil well is a pr-o&eer-, a tank battery pad will be installed along the westem boundary of the preserve. ,.7 will be maintained by the of —lost management p etiees Monitoring Baseline monitoring will be completed by a consultant within 60 days of approval of the Bank by Service and a baseline monitoring report will be forwarded to Service staff in Vero Beach within 45 days of the monitoring event. Time -zero monitoring will be completed within 60 days of the completion of exotic and nuisance vegetation removal. As with the baseline monitoring report, the time -zero monitoring report will be forwarded to Service staff in Vero Beach within 45 days of the monitoring event. Annual monitoring will begin 12 months following the time -zero monitoring event and continue for a total of five years. Annual monitoring reports will be forwarded to Service staff in Vero Beach prior to January 31 each year. If, at the end of five years of monitoring, the Bank has reached success criteria, monitoring will be conducted once every five years to ensure that success criteria are met in perpetuity. If success criteria are not metmet, then annual monitoring will continue until met. A summary of the reporting schedule can be found in Table 45. Table 45. Monitorina and Rebortina Schedule Report Monitoring Implemented Delivery Baseline Monitoring Within 60 Days of Approval 45 days Time -Zero Monitoring Within 60 Days of Initial Restoration 45 days Annual Monitoring Year 1 12 Months After Time -Zero Monitoring 45 days Annual Monitoring Year 2 1 Year from Previous Report January 31 Annual Monitoring Year 3 1 Year from Previous Report January 31 Annual Monitoring Year 4 1 Year from Previous Report January 31 Annual Monitoring Year 5 1 Year from Previous Report January 31 Five -Year Monitoring (Year 10) 5 Years from Previous Report January 31 Every 5 years thereafter 5 Years from Previous Report January 31 21 Vegetation Monitoring: Permanent monitoring transects will be established during the time zero monitoring event and located throughout the site to include a thorough representation of the various habitats onsite. Three vegetative strata will be sampled along each transect and will be representative of habitat types throughout the site. These strata are: overstory [plants >4 inches diameter breast height (DBH)], understory (plants <4 inches DBH and greater than 3 feet in height), and ground cover (all non - woody plants and woody plants less than 3 feet in height). The overstory and understory vegetation will be sampled in 10 square meter plots and the ground cover vegetation sampled in 1 square meter plots along each monitoring transect. Panoramic photographs will be taken at the beginning of each transect to provide physical documentation of the condition and appearance of the property as well as any changes taking place. The panoramic photographs will be included in each monitoring report. For the overstory and understory stratums, the relative canopy closure for each species will be recorded. Average shrub height will be recorded for all species identified in the understory stratum. Percent coverage and average height for all saw palmetto will be recorded for plots located within habitats with saw palmetto. The percent cover of groundcover species and bare ground will be estimated for the herbaceous study plots along the transects. Exotic and nuisance vegetation coverage within the plots will be recorded. Survival rate evaluations will occur throughout the site to include a thorough representation of the various habitats onsite. There will be a maximum of six transects with a total of 23 sample plots (approximately 5 per each transect). Exotic and Nuisance Species Monitoring: In addition to the permanent monitoring transects, existing disturbed areas, such as fence lines, fire breaks, and primitive roads / trails, will be surveyed annually, using the FWC protocol, by vehicle and meandering pedestrian transects to assess the site for the presence and percent coverage of exotic vegetation species. Following the annual exotic vegetation surveys, an exotic vegetation map will be prepared illustrating the locations of exotic and nuisance vegetation in need of corrective action. The map will be provided to the County contractor and SFWMD annually to ensure timely and effective treatment. Wildlife Utilization: Regular and periodic observations of wildlife will be made during all monitoring events and other site visits by qualified ecologists. This will consist of recording evidence and signs of wildlife (i.e., direct sightings, vocalizations, burrows, nests, tracks, droppings, etc.). The number of white tailed deer, feral hog, and panther observations at the site will be recorded during each monitoring event and included in the annual reports. In addition, permanent wildlife transects will be established in representative habitats onsite from which surveys for panther and panther prey tracks will be conducted. Efforts will be made to establish the wildlife transects in areas that are conducive to track detection and identification with as little disturbance by vehicular traffic as possible. The wildlife transects will be monitored annually for a 5-day period, and results submitted in conjunction with the vegetation monitoring in the monitoring report. Updated panther radio telemetry data (when available) within a 2-mile radius of the site will be included in the monitoring report to document radio -collared panther 22 activity in the Bank vicinity over the course of the monitoring period. There will be a maximum of 5 wildlife transects to be monitored for a 5-day period. In addition to the information outlined above, the monitoring report will also include a general overview of the land management activities (i.e. prescribed burns, exotic vegetation maintenance, pasture restoration activities, etc.) conducted since the previous monitoring report and planned maintenance and management activities during the next period. 23 Literature Cited Beier P., M. R. Vaughan, M. J. Conroy, and H. Quigley. 2003. An analysis of scientific literature related to the Florida panther. Final report, Project NGO1-105, Florida Fish and Wildlife Conservation Commission, Tallahassee, FL. Beier P., M. R. Vaughan, M. J. Conroy, and H. Quigley. 2006. Evaluating scientific inferences about the Florida panther. Journal of Wildlife Management 70(1):236-245. Belden, R. C., W. B. Frankenberger, R. T. McBride, and S. T. Schwikert. 1988. Panther habitat use in southern Florida. Journal of Wildlife Management 52:660-663. Coile, N. C. and M. A. Garland. 2003. Notes on Florida's Endangered and Threatened Plants. Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Gainesville, FL. http://www.doacs.state.fl.us/pi/enpp/botany/images/Notes2003.pdf Collier County. 2007. Collier County Growth Management Plan Future Land Use Element Adopted October, 1997. Collier County Planning Services Department Comprehensive Planning Section, Naples, FL. Comiskey, E. J., L. J. Gross, D. M. Fleming, M. A. Huston, O. L. Bass, Jr., H. Luh, and Y. Wu. 1994. A spatially -explicit individual -based simulation model for Florida panther and white- tailed deer in the Everglades and Big Cypress landscapes. Pages 494-503 in D. Jordan (ed). Proceedings of the Florida Panther Conference. U.S. Fish and Wildlife Service, Gainesville, FL. Comiskey, E. J., O. L. Bass, Jr., L. J. Gross, R. T. McBride, and R. Salinas. 2002. Panthers and forests in south Florida: an ecological perspective. Conservation Ecology 6:18. Comiskey, E.J., Eller, J.A.C., and D.W. Perkins. 2004. Evaluating Impacts to Florida Panther Habitat: How Porous is the Umbrella? Southeastern Naturalist. 3:51-74. Cox, J., D. Maehr, and J. Larkin. 2006. Florida panther habitat use: A new approach to an old problem. The Journal of Wildlife Management. 70(6):1778-1786. Davis, J. H. 1967. General map of the natural vegetation of Florida. Circular 5-178, Institute of Food Agricultural Sciences, Agricultural Experimental Station, University of Florida, Gainesville, FL. Dees, C. S., J. D. Clark, and F. T. Van Marten. 2001. Florida panther habitat use in response to prescribed fire. Journal of Wildlife Management 65:141-147. 24 Florida Natural Areas Inventory and Florida Department of Natural Resources. 1990. Guide to the Natural Communities of Florida. Florida Natural Areas Inventory, Tallahassee, FL., Tallahassee, FL. Gruver, B. J. 2007. Florida's endangered species, threatened species, and species of special concern. Florida Fish and Wildlife Conservation Commission, Tallahassee, FL. http://myfwc.com/imperiledspecies/pdf/Threatened-and-Endan_erg ed-Species-2007.pdf Harlow, R. F., and F. K. Jones. 1965. The white-tailed deer in Florida. Florida Game and Fresh Water Fish Commission Technical Bulletin 9, Tallahassee, FL. Janis, M. W., and J. D. Clark. 1999. The effects of recreational deer and hog hunting on the behavior of Florida panthers. Final report to Big Cypress National Preserve, National Park Service, Ochopee, FL. Kautz, R., R. Kawula, T. Hoctor, J. Comiskey, D. Jansen, D. Jennings, J. Kasbohm, F. Mazzotti, R. McBride, L. Richardson, and K. Root. 2006. How much is enough? Landscape -scale conservation for the Florida panther. Biological Conservation. 130:118-133. Land, D., R. Kawula, J. Benson, M. Lotz, and D. Onorato. 2008. Florida panther habitat selection analysis of concurrent GPS and VHF Telemetry Data. The Journal of Wildlife Management. 72(3):633-639. Maehr, D. S. 1990. Florida panther movements, social organization, and habitat utilization. Final Performance Report 7502. Florida Game and Fresh Water Fish Commission, Tallahassee, FL. Maehr, D. S. 1992. Florida panther. Pages 176-189 in S.R. Humphrey (ed). Rare and endangered biota of Florida. Volume I: mammals. University Press of Florida, Gainesville, FL. Maehr, D. S., E. D. Land, and J. C. Roof. 1991. Social ecology of Florida panthers. National Geographic Research & Exploration 7:414-431. Miller, K. E. 1993. Habitat use by white-tailed deer in the Everglades: tree islands in a seasonally flooded landscape. M.S. Thesis. University of Florida, Gainesville, FL. South Florida Water Management District [SFWMD]. 2006. CREW Management Area FiveYear General Management Plan (2006 — 2011). Land Stewardship Division. South Florida Water Management District. West Palm Beach, FL Swainson, K., D. Land, R. Kautz, and R. Kawula. 2005. Use of least cost pathways to identify key highway segments for Florida panther conservation. Pages 191-200 in R.A. Beausoleil and D.A. Martorello, (eds). Proceedings of the Eighth Mountain Lion Workshop, Olympia, WA. 25 U.S. Fish and Wildlife Service [USFWS]. 1999. South Florida Multi -species Recovery Plan. U.S. Fish and Wildlife Service, Regional Office, Atlanta, GA. U.S. Fish and Wildlife Service [USFWS]. 2006. Technical/Agency Draft, Florida Panther Recovery Plan (Puma concolor corgi), Third Revision. U.S. Fish and Wildlife Service. Atlanta, GA. U.S. Fish and Wildlife Service [USFWS]. 2007. Letter to the Army Corps of Engineers on the revised Panther Key. February 2, 2007. South Florida Ecological Services Office, Vero Beach, FL. http : //www. fws. gov/verobeach/images/pdflibrary/20070219_Letter_SFES O%20to%20C OE_Panther_Key.pdf Wunderlin, R. P., and B. F. Hansen. 2008. Atlas of Florida Vascular Plants. Institute for Systematic Botany, University of South Florida, Tampa, FL. http://www.plantatlas.usf.edu/ Zahina, J., W. Park Said, R. Grein, and M. Duever. 2007. Pre -development vegetation communities of southern Florida. Technical Publication HESM-02. South Florida Water Management District. West Palm Beach, FL. 26 FIGURES 27 Figure 1. Aerial Location Map of Caracara Prairie Preserve Conservation Bank in Collier County, Florida. W. 0 1 2 Miles N r Legend Data Source: 2005Aerials & Parcels-Coil ier County PropertyAppmiser Caracara Prairie Preserve Conservation Lands -Florida Natural Areas Inventory Created by: ODES I Environmental Services 1 CS G:1Conservation CollierKSR%th CyclelStamesi.mxd and jpg Date51-06 CS Conservation Land : 29 Figure 2. Archeological sites nearby the Caracara Prairie Preserve Conservation Bank. vzy= — ..,,_ -A ILL Ad - ,ice. Now �J �1 — �. - a.l� .alp �� ' ._ • 1 — .Aw Legend Caracas Prairie Preserve CerCounty - - Archaeological Sites Data Source: USGS Topo map; FL Div. of Historical Resources Created by: Conservation Collier) M. Hennig G:%Conservation CollierlLand Mngmt\StameslPHU\Agreements \Arch sites map.mxd and .jpg Date: Aug. 2008 31 z z ANGELA RD -J T SANCTUARY RD z 4 W J x Y U �a g PLATT RD i WILD TURKEY DR -i: T iavc KJr 47TH AVE ME �1 IMMDKALEE RD 72ND AVE NE 70TH AVE NE z 68TH AVE NE N Q 66TH AVE NE 64TH AVE NE x 14. 62ND AVE NE 60TH AVE NE 60TH AVE NE Cp 58THAVE NE 58THAVE NE 70 56TH AVE NE tr 64TH AVE NE w uj iu w 52NDAVE NE z = z z 50TH AVE NE rr}-r N N N N ~ _ 47THH AVE NE Figure 4. Soil map of the Caracara Prairie Preserve Conservation Bank. ri .. . it �•I• '' ; I 2a ;: �� III• il;;l;41 - - 4. null ill •1:y!■ a Ab I��I' �I l�:k' I •' 1' .4 � . p Al 17 • L 'r 0 250 500 Y 000 Fe i • �•� • - doLegend Imo, Rr•' L F 3 Caracaxa Piairie presewe No rn-hydfic Hyd rit Data 5our": !'V_ Atro. s -� F'amet-C4YY sDurVp Rrc-p-ft App'a xr 5dt-MRCS PNO51a MMMD , l 17 Cirlrlrt * kc.-m-miah mki rriy �ph 33 Figure 5. Land Cover types on the Caracara Prairie Preserve Conservation Bank. � Collier County - � , � �, '"y u� � • ,'a F� ti A Ate' a 0 �( L"w " f . Mir �� ,Alm .'. ! ^�',4F�1 y. 4•�} iar . 4 N Caracara Prairie Preserve Land Cover ,.- Project boundary - ` Mesic, Flatwoods i4 e 1 7r Improved Pasture N 1S .M1 Freshwater marsh Brush Data Source: 2005 Aerials & Parcels -Collier County Property Appraiser Land Cover- George Poole NRCS field survey Created by: Conservation Collier G: \Conservation CollieNand management\starnes\land cover.mxd Date: 8-11-08 N w+r s 0 500 1,000 Feet I I I I I 34 Figure 6. Service area for Caracara Prairie Preserve Conservation Bank. Caracara Prairie Preserve Location Collier County Florida Caracara Prairie Preserve 6 25 50 Miles Data Source: 2005Aeiials & Parcels -Collier County Property Appraiser Land Cover- George Poole NRCS field survey Created by: Conservation Collier G: \Conservation CollierUand managementkstarnes.- 1PHU documentslAgreements\BackuplLoc.map.mxd .� f4111' Date: 8-24-09 Collier County 35 0 500 1,000 Feet I I I {nN njj, W+11 Data Source :2009 Aerials & Parcels -Collier County Property AppraiserKW ��VVVV G:\Conservation Col lier\maps\Acqu irad pro parties\Starnes_Caracar a Prairie Preserve\2009 Aerial 9 Date: Sept. 25, 2009 GoVer Comity 36 APPENDICES 37 Appendix A. State Historic Preservation Officer letter. This record search is for informational purposes only and does NOT constitute a project review. This search only identifies resources recorded at the Florida Master Site File and does NOT provide project approval from the division of Historical Resources. Contact the Compliance and Review Section of the division of Historical Resources at 250-245-6333 for project review information. September l v,2006 Ms. Melis sa Hen= Principal Ens,-ironmentsl Specialist CansefVationCollier Procram 3301 Tamiami Trail East Naples, Florida 34112 t Florida Master 'Slte File* Dear Ms. Hennig= In responseto your inquiry ofAugust 11: 200S, the Florida llast er Site File lists one previously recorded archaeological site the follov�ingparc el of Collier Count•_ Township 46 South Range 23 East Section3 4 When interpreting the results of our search, please corsiderthe follov�inginfornation_ • This search area mavcontain unrecorded archaeologicalsites,historicalstructures or other resources evenif previously surveyedfor cultural resources. • Because vaFLdaRsmaFLdlootiFLg are corn onatFloridasite&,weaskthatroulimit the disnibudon of locadoninformadon on archaeologicalsites. • Vil lemam ofourrecordsdocumenthistoricalh-significamresources,the documentadon of a resource at the Florida liaster Site File does not necessarily mean the resource is historicaIl--significant. • Federal,Staleandlocallaivsrequire formaIenvironmentalre%le%vfor most projects. This se archDOE S--'s UT constitute such a revic%v.If Your project faIls under these laiss,yoa should contact the Compliance andReviels Secton of the Division of Rkto dcalRe so urc es at S50-2f5-M3. Ple a se do not he sitate to c onta ct us if v ou hay -a any que stions regarding the re sults o f this se arch. Kind beards_ Lindsay Hafford HistoricalI}ata Analyst Florida ttifa.ster 5ita File lbhafford ddos.state.Ems 4.S.ouJhsi2ui2ueb�' Tallahassee, FL32399-0250 855-243-6440 ph 850-245-6439 Fax Sit=_FdE'a�doS.stat_.Jim a W. wt Appendix B. Prescribed Grazing Plan Prescribed Grazing Plan Prepared for Collier County Starne Lease P-r-operty I* Collier County, Florida In cooperation with South Florida Water Management District, Collier Soil & Water Conservation District And United States Department of Agriculture Natural Resources Conservation Service E Table of Contents: 1. Definition 2. Purpose 3. General Description 4. Objectives 5. Livestock Forage Inventory 6. Livestock Forage Inventory Map 7. Annual Grazing Schedule 8. Plan Map/Proposed plan map 9. Recommended Grazing Heights 10. Recommendations For Grazing Buffer Areas 11. Operations and Maintenance 12. Contingency Management Plan 41 1. Definition: Prescribed grazing is a controlled harvest of vegetation with grazing and browsing animals. Prescribed grazing will be used on lands where grazing animals are managed. Prescribed grazing will be used in conjunction with Nutrient Management, Pest Management, and/or other practices needed to meet the resource concerns and the landowner's objectives. 2. Purpose: This practice will be applied as part of a conservation management system to accomplish the following objectives: • Maintain a stable and desired plant community, improve or maintain the health and vigor of selected plants. • Maintain or improve animal health and productivity. Maintain or • improve water quality. Note: This plan will be reviewed yearly by the owner/operator. If the number of livestock (10% or more) or the forage condition changes the plan may need to be revised. 3. General Description: The project area is located within the boundaries of CREW WEA which is located in Collier County. The property is currently managed as a cow/calf operation. The project area is currently using a continuous grazing system. The principal forage species in the pastures is Bahia grass (Paspalum notatum), which have been planted for improved pasture. Other plant communities include South Florida Flatwoods, Brush areas and Freshwater Marshes. The pasture areas are currently managed as a cow/calf operation. The pastures in their current condition and capable of producing enough forage to support 53 animal units (AUs). The system in its present condition can support an average of 49 cows, with an average weight of 1000 lbs., and 3 bulls, with an average weight of 1350 lbs with a suggested 20:1 Cow/Bull ratio. One animal unit (AU) is one mature cow of approximately 1,000 pounds and a calf up to weaning, usually six (6) months of age, or their equivalent. To estimate animal units for Heifers and Bulls use the following AU values. Table 1: Animal Unit Equivalent Guide Species Average Animal Unit - - - - Forage Consumed (pounds) - - - - Weight Equivalent day month year (pounds) (AUE) Cow, dry 950 0.92 24 727 8,730 42 Cow with calf 1,000 1.00 26 790 9,490 Bull, mature 1,500 1.35 35 1,067 12,811 Cattle, 1 year old 600 0.60 15.6 474 5,694 Cattle, 2 year old 800 0.80 20.8 632 7,592 Deer, white-tailed, mature 150 0.15 3.9 118 1,423 4. Objectives: The landowner's objectives are to operate a productive cow/calf operation and minimize impacts to the resources. The objectives of a prescribed grazing plan are to improve or maintain an optimum level of quality of forages to ensure livestock health, profitability, and protect the resources. 5. Livestock Forage Inventory: Livestock Forage Inventories are estimates of available forage in each pasture. These estimates are then used to project stocking rates and feed requirements annually. The following Livestock Forage Inventory was evaluated at the time of the development of this plan. Forage availability will vary due to climatic conditions and management of grazing system. The forage inventory should be evaluated on a regular basis to ensure proper forage requirements of the livestock are met. The main forage is Bahia grass. Smut grass and other undesirable species cover at least 3040% of the plant composition, with Bahia production 60-70 %. The Rangeland areas were not studied in detail. Some of the Rangelands plants are listed in section 9. These plants are good indicators to help you manage the grazing periods. The inventory of the project area identified the following conditions or concerns: The — project area encompasses approximately 369 acres. — The sustainable annual carrying capacity of the project area is estimated at approximately 53 Animal Units (AU) in the existing conditions. The carrying capacity of the site is expected to change with the implementation of the land management practices such as brush management. These changes may significantly increase or decrease the amount of forage produced. - Overall vegetative conditions and plant species indicate that the project area is stocked at or above the sustainable carrying capacity. . - Noxious and invasive weeds including Brazilian Pepper -Tree (Schinus terebinthifolius), Primrose Willow (Ludwigia peruviana), and Tropical Soda Apple (Solanum viarum) were observed on the Starne Lease Property. An aggressive weed control program is needed to maintain wildlife habitat values. - Shrub densities on upland areas are above levels expected for the site. Shrub density is expected to increase and reduce habitat values unless changes to the prescribed burning and brush management plan are implemented. - The increased shrub density is reducing habitat values for several ground nesting birds on several Flatwoods and Freshwater Marsh sites. - Livestock nutritional supplements are not well distributed. This reduces the potential for livestock to be well dispersed across the landscape. Consequently, remote areas of the 43 grazing units will receive little or no grazing pressure until areas in close proximity to the supplement feeders have been heavily grazed. The Prescribed Grazing Plan contains 10 items which should be implemented annually in order to achieve the desired results. 1. Rotational Grazing should be applied to maintain and improve the health and vigor of the plant community. 2. Proper Grazing Use will be applied to all grazed areas to regulate the amount of herbage removed by grazing animals. During the growing season, the degree of use of native vegetation will be limited to 50% (by weight) of the current year's growth. 3. Stubble heights will be used to guide grazing management decisions. 4. Nesting Period — The rotational grazing system should be managed to provide an undisturbed nesting period for ground nesting species at least once every 4 years. Livestock should be removed from the grazing unit for a period 4 to 6 weeks in length during the period between February 1 and June 30. 5. Deferment periods should be provided following all mechanical and/or chemical brush management activities. This will allow desirable plants to recover from the stress or damage caused by the treatment. The length of the deferment periods will be at least 90 consecutive days during the period of June 1 through October 1. 6. Supplemental feed will be provided to livestock during periods when forage quality and quantity is low. 7. Weed prevention and control - All planting material, hay and other supplemental feed will be free of noxious or invasive weed seed. An aggressive pest management plan has already been implemented to combat encroachment of invasive -exotic species. 8. Feeding Area Management - All hay and supplemental feed provided to domestic livestock will be fed on upland areas at least 100 feet away from wetlands, streams, ditches, and ponds. Supplement feeders will be well dispersed across the landscape. Supplemental feeding locations will be moved at least once every 30 days. 9. Portable feeders will be used to provide protein, mineral, and other supplements to livestock. These feeders will be moved as needed to improve livestock distribution and prevent undesirable effects on the landscape. 10. Plan Review — Annual reviews should be scheduled with the local Natural Resources Conservation Service (NRCS) office, South Florida Water Management District- Crew WEA and Collier County Environmental department to ensure the plan meets the goals and objectives of the property and those of the livestock owner. Plant Communities Descriptions Pasture — Main forage is Bahia Grass. Most pastures are in fair to good condition. Bahia pastures contain Smut Grass, Dog fennel, Wax Myrtle and other weedy undesirable species. Plant composition transects shows an average of 60-70 % Bahia and 30- 40 % Weedy/undesirable. Suggested stocking rate is 3-5 AUM/Acre (2.4-4.5 Ac/AU). South Florida Flatwoods — These are areas mainly composed of Saw Palmetto, Pine, Runner Oak Wax Myrtle, Broomsedge Bluestem, Chalky Bluestem, Forbs, Sedges and Little Blue Maidencane and Chalky Bluestem are desired and also good indicators of site condition ( See section 9). Most flatwoods on the ranch are in fair condition. Brush control and prescribed burning are tools that will help improve these flatwoods. Suggested stocking rate is 14-25 Ac./AU. Freshwater Marsh/ Slough — Wet areas with mainly wetland plants. Flooded for most of the Wet Season and are considered very important habitat for many wildlife species. Most wetlands on the ranch are in fair to good condition. Plant eempostiencoMposition includes, Maidencane, West Indian Marsh grass, Torpedo grass, Pickerel weed, Primrose Willow, Sedges, Smart Weed, hydrocotile and Others. The suggested stocking rate is 3-13 Ac./AU Forage Inventory DATE: 8/2008 Technician: George Poole FIELD Plant Community ACRES AUM AC/AU AU Field 1 Bahia 213 2.1 37.2 Field 1 FWM 77 7 11.0 Field 1 Brush 43 15 2.8 Field 1 SFF 37 22 1.7 369.4 TOTAL AU 53 Definitions AUM = Animal Unit Month, the amount of forage needed to support one (1) animal unit for one (1) month. By definition an AUM is equivalent to 780 lbs. of forage. Ac/AU = Acres per Animal Unit, an abbreviation used to describe the number of acres needed to support one (1) Animal Unit (AU) for 12 months. AU = Animal Unit = One (1) animal unit (AU) is equivalent to one (1) mature cow of approximately 1,000 pounds and a calf up to weaning, usually six (6) months of age, or their equivalent. To estimate animal units for various kinds and classes of animals refer Table 1 6. Livestock Forage Inventory Map: 45 Collier Co. Starne Lease ME 7. Annual Grazing Schedule: Annual Grazing Schedules are designed to account for variations in the amount and growth of forage due to changes in climatic conditions. The following schedule should be used as a guide only. . Suggested Annual Grazing Schedule Cooperator: Collier County Technician George Poole Date: Field Acres AU Jan Feb Mar I Apr I May Jun I Jul Aug Sep Oct Nov Dec 1 369 53 53 53 53 53 53 53 53 53 53 53 53 53 Total AU 153 Supplements: X = Protein O = Mineral Use as a guide only "E{OME{OMCO7 Suggested Breeding Season "0 0X6�We] Important: base grazing periods on the forage plants required on the required stubble heig hts as shown in Section 9. Environmental conditions such as soil moisture, temperature, forage quality, ect, will be considered by the manager when 47 8. Plan Map -Continuous Grazing System with existing fence locations. Collier Co. Starne Lease Property _ — AL 4. �' ~r�s+� DIY •� �.� :•i '�7� ^-':'�. ;A p,..i' 's 4 44 - #7l. Legend • bU�il Gates Existing Fences Project toundary, 48 8a. Proposed Plan Map- 3 pasture rotation system Frew 1 Fi ek 9. Recommended Grazing Heights and Length of Grazing Periods: Grazing animals can rapidly and substantially alter the productivity and amount of forage in each pasture because of grazing preferences and animal distribution. Overgrazing adversely affects wildlife habitat, plant growth, water, soil conservation, and plant persistence. Animals prefer improved pasture forages like the one listed below and avoid plants that are coarse and hard to digest. During the late spring, summer and early fall cattle tend graze upland areas and avoid grazing in wetlands such as sloughs and marshes if adequate forage is available. However, limited availability of forage plants on upland areas may induce more grazing of the wetland plants in some seasons, and could result in overgrazing. Under -grazing results in forage waste, reduced quality, and reduced tiller development. Therefore, the number of animals on a specific area must be balanced with available forage to achieve the goals and objectives for this site. This will require monitoring of the forage availability on a regular basis and adjusting the stock density as needed to maintain a unique balance of desirable forage and important wetland vegetation. The following table lists common forages found in South Florida along with recommended heights to maintain healthy stands of forage: FORAGE TYPE Min. Ht. To Begin Grazing Min. Grazing Ht. Bahia grass 611 211 Limpo grass 1211 411 Pangola Digitgrass 811 611 Maidencane (FWM) 1211 6-811 Chalky bluestem (Rangeland) 1211 6-811 Grazing heights for native forage plants is dependent upon the species and the time of year the plant is grazed. For Native Grasses, remove no more that 50% (by weight) of the plant in any grazing event This will provide proper use of the forage while maintaining sufficient plant material to, provide wildlife habitat, protect the soil resource, and maintain the health of the plant community. Grazing periods should be kept relatively short to prevent the plants from being grazed before they have the opportunity to recover from the last grazing event. This will depend on the size of the herd and the area to be grazed. Use the forage heights shown in the previous table to determine the length of the grazing periods. Rest Periods should be provided between grazing events to all the plants to recovery from the effects of grazing. The recovery periods should be long enough to allow the forages to reach the Minimum Height to Begin Grazing. Because the rest periods are based on the growth rate of the plants the length of the rest period will vary. The recommended recovery periods are shown in the following table: 50 Resting Periods Based on Forage Growth Rate Forage Type Forage Growth Rate Fast (June I- Sept 1) Moderate (Mar 1-June 1 Sept 1 —Nov 1) Dormant (Nov 1- Mar 1) Bahiagrass 14-28 days 28-35 days 35-60 days or more Limpograss 14-21 days 28-35 days 35-60 days or more Pangolagrass 7-21 days 21-28 days 28-60 days or more Maidencane 28-35 days 35-45 days 45-60 days or more Chalky bluestem 28-35 days 35-45 days 45-60 days or more 10. Adjustments to the Grazing System: Adjustments in the grazing management system will be necessary during and after management activities, such as planting, prescribed burning or pest management. The adjustments will provide a suitable period for the vegetation to recover from the management activity or as dictated by pesticide label restrictions. A deferment from grazing means the complete removal of all domestic animals for the duration of the deferment. If buffer areas are developed around specific wetlands or other areas within the Ranch during the restoration process, livestock grazing may be permitted during dry periods of the year. This will help to utilize available forages within the buffer and control woody vegetation. Stocking rates should be adjusted to assure that grazing is complete within one week. The minimum grazing heights listed in Section 9 for corresponding grasses shall not be exceeded. When prescribed burning is applied, grazing shall be deferred as follows: Improved pasture areas 30-60 days during the growing season (Marl-Octl) Flatwoods 30-90 days during the growing season (Marl-Octl) Fresh Water Marsh and Slough 30-90 days during the growing season (Marl-Octl) Areas that have been disturbed and planted to native vegetation shall be deferred from grazing for a minimum of 1 complete growing season following planting or until the grass is well established and produces seed. Native grass plantings generally require 2 complete growing seasons to become well established. The deferment shall continue until a NRCS Rangeland or Grazing Land Specialist has provided approval. Temporary fences may be used to protect small areas during the deferment period. 51 Areas that have been mechanically treated and/or planted, will be provided a deferment period to allow herbaceous plants to recover. The deferment will be minimum of 90 consecutive days during the period of March 1 to December 1, unless only pot control was applied. If herbicides used to control common weeds and invasive species the grazing management will be adjusted to meet the requirements (if any) listed on the herbicide label. Cattle will not be allowed to re-enter the area for the duration shown on the herbicide label. 11. Operation and Maintenance: The location of mineral and supplement feeders will be moved routinely to evenly distribute grazing animals throughout the pasture. The herd will be rotated to a fresh pasture when the average stubble height falls below the recommended minimum grazing height (See Section 9). When possible, the grazing period should be 14 days or less and the pastures allowed a recovery period of 21 days or until the forage reaches the recommended height to begin grazing (See Section 9). 12. Contingency Management Plan: Forage supplies will be evaluated weekly to determine if forage supplies and quality are adequate to meet livestock demand. When the forage is not adequate, the grazing system will be adjusted or supplemental feed will be supplied. When prolonged periods of adverse climatic condition effect the supply of forage, the grazing system and/or stocking rates will be adjusted or additional supplemental feed will be provided. 52 Appendix C. FWC Interlocal Agreement COOPERATIVE AGREEMENT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION This Agreement is entered into on , 20, between the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, 3335 Tamiami Trail, East, Suite 101, Naples, Florida 34112, hereafter called COUNTY, THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, 620 South Meridian Street, Tallahassee, Florida 323991600, hereafter called COMMISSION. WITNESSETH THAT: WHEREAS, the COUNTY is a political subdivision created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 125, Florida Statutes to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the COUNTY, its successors and assigns, hold title to an undivided ninety_four point four (94.4%) percent interest to 367.7 acres of land, known as the Caracara Prairie Preserve, and Corkscrew Regional Ecosystem Watershed Land and Water Trust, Incorporated (TRUST) holds title to an undivided five point six (5.6%) percent interest to the Caracara Prairie Preserve; and WHEREAS, the COMMISSION is the state entity responsible for protecting and managing Florida's wildlife and aquatic life; and WHEREAS, this Agreement is authorized by Chapter 163, Florida Statutes which allows the parties to make the most efficient use of their governmental powers; and WHEREAS, any land management activities implemented for the natural communities identified at the Caracara Prairie Preserve will be the responsibility of the COUNTY, as set forth in the Interlocal Agreement between the COUNTY and the TRUST (Exhibit —All); and WHEREAS, the COUNTY desires to provide recreational opportunities, including opportunities for hunting, to the public on Caracara Prairie Preserve; and WHEREAS, the COUNTY deems it necessary, appropriate, and in the public interest to authorize the COMMISSION to incorporate the Caracara Prairie Preserve into the Corkscrew Marsh Unit of the Corkscrew Regional Ecosystem Watershed Wildlife and Environmental Area (CREW WEA), in accordance with the provisions of Chapter 68A, Florida Administrative Code; and WHEREAS, the COMMISSION currently manages the Corkscrew Marsh Unit of the CREW WEA for the purpose of recreational hunting; and 53 WHEREAS, the COMMISSION will publish and distribute a pamphlet, example is attached hereto as Exhibit —BII, a similar pamphlet will be published regularly setting forth the regulations and dates on which hunting will be allowed at the CREW WEA, as well as a map of the area; and NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the COUNTY agrees to allow the COMMISSION to manage the Caracara Prairie Preserve subject to the following terms and conditions: 1. DESCRIPTION OF PREMISES. The Caracara Prairie Preserve subject to this Agreement is situated in the County of Collier, State of Florida and is described in Exhibit —CII attached hereto. 2. TERM OF THE AGREEMENT. It is understood and agreed that the relation established by this Agreement is meant to be for the benefit of both parties, and that this Agreement shall be effective on the date of execution by both parties and shall remain in effect unless otherwise terminated by either party. 3. TERMINATION. Either party may terminate this Agreement by giving written notice to the other party specifying the termination date, by certified mail, return receipt requested, at least sixty (60) days prior to the termination date specified in the notice. However, if such notice is given after February 15, the termination date shall be April 30 of the following calendar year. 4. PURPOSE. The COMMISSION shall manage the Caracara Prairie Preserve only for the conservation and protection of natural and historical resources and resource based public outdoor recreation which is compatible with the conservation and protection of these public lands, as set forth in Collier County Ordinance No. 2007-65 (Exhibit —DII), along with other authorized uses necessary for the accomplishment of this purpose as designated in the Habitat Management Plan approved by the COUNTY. 5. QUIET ENJOYMENT AND RIGHT OF USE. The COMMISSION shall have the right of ingress and egress to, from and upon the Caracara Prairie Preserve for all purposes necessary to the full quiet enjoyment by said COMMISSION of the rights conveyed herein. 6. CONSIDERATIONS. The COMMISSION shall be responsible for all administrative and managerial duties related to public use (i.e., passage of regulation changes, annual publication of area brochure, bag limits) during the periods of allowed hunting. The COMMISSION shall provide law enforcement patrol periodically throughout the year. 7. AUTHORIZED USES. Authorized uses for the purposes of this Agreement shall be defined as those management activities that the COMMISSION is authorized to perform under this Agreement and the approved Habitat Management Plan. The authorized uses shall be consistent with statutory requirements that the Caracara Prairie Preserve be managed and maintained in an environmentally acceptable manner to restore and protect its natural state and condition, including permitting of compatible recreational use. The authorized uses shall at minimum, 54 always include essential site management measures including security, policing, resource protection, public access and recreational use, and habitat management. 8. UNAUTHORIZED USES. The COMMISSION shall, through their agents and employees, prevent the unauthorized use of the Caracara Prairie Preserve or any use thereof not in conformance with this Agreement. 9. INSURANCE REQUIREMENTS. The COUNTY shall be responsible for any improvements or structures located on the Caracara Prairie Preserve. This protection shall be afforded through the purchase of a Real and Personal Property Insurance Policy or through Self Insurance, as the COUNTY deems appropriate. 10. PLACEMENT AND REMOVAL OF IMPROVEMENTS. The COMMISSION shall obtain prior written approval from the COUNTY before constructing or locating any structures on the Caracara Prairie Preserve. No trees shall be removed or major land alterations done without the prior written approval of the COUNTY. All permanent structures shall remain the sole and exclusive property of the COUNTY. Temporary structures constructed or located on the Caracara Prairie Preserve by the COMMISSION shall remain the property of the COMMISSION. 11. ARCHAEOLOGICAL AND HISTORICAL SITES. Execution of this Agreement in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on the Caracara Prairie Preserve is prohibited unless prior authorization has been obtained from the Department of the State, Division of Historical Resources. The Habitat Management Plan shall be reviewed by the Division of Historical Resources to insure that adequate measures have been planned to locate, identify, protect and preserve the archaeological and historic sites and properties on the Caracara Prairie Preserve. The COUNTY will notify the Division of Historical Resources immediately if evidence is found to suggest that any archaeological or historic resources may exist. 12. PERMITS. The COUNTY shall be responsible for securing all local, State and Federal permits required for management actions under this agreement. 13. HUNTING. Hunting shall be approved and regulated through the COMMISSION. No hunting shall be allowed on the Caracara Prairie Preserve prior to the effective date of this Agreement. The Caracara Prairie Preserve shall be incorporated into the existing Corkscrew Marsh Unit of the CREW WEA. All hunting regulations, monitoring, and enforcement activities associated with the Corkscrew Marsh Unit of the CREW WEA shall also apply to the Caracara Prairie Preserve. 14. SIGNAGE. The COMMISSION shall legally post appropriate signage along the perimeter of the Caracara Prairie Preserve. 55 15. MODIFICATION OF AGREEMENT. No waiver or modification of this Agreement shall be valid unless in writing and lawfully executed by all parties. It is the intention of the COMMISSION and the COUNTY that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding or litigation between and among the parties arising out of or affecting this Agreement unless such waiver or modification is in writing and executed as aforesaid. 16. RELATIONSHIP OF PARTIES. It is understood that an employer -employee relationship does not exist between the COMMISSION and the COUNTY and neither of the parties shall be responsible for providing Workers' Compensation Insurance and withholding services for the other party or its employees. Each of the parties stipulates that they are not aware of any conflict of interest prohibiting them from entering into this Agreement. 17. OTHER AGREEMENTS. This Agreement contains the complete agreement between the COMMISSION and the COUNTY. Each party acknowledges reliance on its own judgment in entering into this Agreement. The COMMISSION and the COUNTY further acknowledge that any representations that may have been made outside of those specifically contained herein are of no binding effect and have not been relied upon by either party in their dealings with the other party in entering into this Agreement. 18. PUBLIC RECORDS. The COMMISSION and the COUNTY shall abide by the provisions of Chapter 119, Florida Statutes, allowing public access to all documents, papers, letters, or other material as applicable. 19. NOTICES. Any and all notices shall be delivered to the parties at the following addresses (or such changed address or addressee as may be provided by notice). A notice or other communication shall be deemed received by the addressee on the next business day after having been placed in overnight mail with the U. S. Postal Service, or other overnight express service such as FedEx, UPS, or similar service. Notices sent by means other than overnight delivery shall be deemed received when actually received by the addressee: FOR THE COUNTY: Melissa Hennig Collier County Board of County Commissioners Conservation Collier Program 3335 Tamiami Trail, East, Suite 101 Naples, FL 34112 Tel. 239-252-2957 melissahennig_gcollier- o FOR THE COMMISSION: Mike Brooks Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, FL 32399-1600 Tel. 850-617-9583 mike.brooks&myfwc. com 20. PUBLIC RECORDS. All records in conjunction with this Agreement shall be public records in accordance with the laws applicable to the parties. 56 21. LIABILITY. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However nothing herein shall constitute a waiver by either party of sovereign immunity or statutory limitations on liability. 22. STATE REQUIRED CLAUSES. a. Non-discrimination. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. b. Prohibition of Discriminatory Vendors. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a supplier, sub or consultant under a contract with any public entity; and may not transact business with any public entity. c. Public Entity Crimes. In accordance with Section 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, supplier, sub, consultant or by any other manner under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. d. Legislative appropriation. For contracts whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 23. NON -ASSIGNMENT. This Agreement and may not be assigned in whole or in part without the written approval of all parties. Any such assignment or attempted assignment shall be null and void. 24. SEVERABILITY AND CHOICE OF VENUE. This Agreement shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. 57 25. NO THIRD PARTY RIGHTS. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any person not a party to this Agreement. 26. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement; including but not limited to any claim of quantum meruit. 27. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Executive Order 96- 236, the Commission shall consider the employment by the County of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the County knowingly employs unauthorized aliens. 28. ENTIRE AGREEMENT; AMENDMENT. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. This Agreement may be amended by mutual written agreement of the parties. The remainder of this page intentionally left blank 58 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Agreement to be executed through their duly authorized signatories on the day and year last below written. Each party is signing this agreement on the date stated below that party's signature. The latest date of signing shall be inserted in the first sentence of the first page and shall be deemed the effective date of this Agreement. BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE OF COLLIER COUNTY, FLORIDA CONSERVATION COMMISSION Fred W. Coyle, CHAIRMAN FLORIDA Date: ATTEST: DWIGHT E. BROCK, CLERK Executive Director (or designee) Date: Approved as to form and legality: Commission Attorney Approved as to form and legal STATE OF FLORIDA sufficiency Attachments and Exhibits in this Contract include the following: Exhibit A Interlocal Agreement between Collier County and the Corkscrew Regional Ecosystem Watershed Land and Water Trust Exhibit B CREW Wildlife and Environmental Area Brochure Pamphlet Exhibit C Caracara Prairie Preserve Property Legal Description Exhibit D Collier County Ordinance No. 2007-65 Exhibit E Corkscrew Regional Watershed Map wt EXHIBIT r INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST CARACARA PRAIRIE PRESERVE This Agreement is entered upon this IS�i, day of , 2011, by COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns. (hereinafter referred to as "COUNTY"), whose address is 3299 Tamiarni Trail East, Naples, Ff. 34112, and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, INCORPORATED, a Florida non-profit corporation, (hereinafter referred to as "TRUST"), whose address is 23998 Corkscrew Road, Estero, FL 33928. WITNESSETH WHEREAS, the COUNTY owns an undivided ninety-four point four (94.4%) percent interest of Caracara Prairie Preserve situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by reference (`Property"); and WHEREAS, the TRUST owns an undivided five point six (5.6%) percent interest of the Property; and WHEREAS, the COUNTY is required to manage the Property in perpetuity, as set forth in Collier County Ordinance No.02-63, as amended_ NOW, THEREFORE, for good and valuable consideration, the COUNTY and the TRUST hereby mutually agree; 1. That the TRUST authorizes the COUNTY to unconditionally use its undivided five point six (5.6%) percent interest of the Property for the purposes of restoration and management for the benefit of present and future generations. 2. That the TRUST authorizes the COUNTY to enter into agreements with other governmental agencies in order to implement management activities outlined in the Caracara Prairie Preserve Habitat Management Plan. 3. That all the terms herein contained run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, personal representatives, heirs, successors, and assigns. 4. That CREW has no liability or responsibility for the management of the Property. 5. That CREW will not benefit in any way from the Property, nor assume the responsibility for funding management of the Property. .1, IN WITNESS WHEREOF, the COUNTY has hereunto set its unauthorized hand and seal as of this date and year first above written. ATTEST: DWIGHT E. B$OiQjC, CLERK k' Approval forf6rri tad} legal Sufficiency: Jenr r B. White Assistant County Attorney AS TO CREW: DATED: WITNESSES: (S gn t e) (Printed Name (Signature) (Printed e St phen A. Walker, Esq. Approved as to form and Iegal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA py: C4 1l'jrif FRED W. COYLE, CHAI AN CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, INCORPORATED, a Florida nonprofit corporation i CHammond, 61 EXHIBIT A PROPERTY TAX IDENTIFICATION NUMBER: 00053080006 LEGAL DESCRIPTION: WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 00053080200 LEGAL DESCRIPTION: NORTHWEST QUARTER (NW1/4) OF NORTHEAST QUARTER (NE1/4) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. 62 EXHIBIT "B" 63 Conservation myrwc.com Florida Fish and Wildlife �r Commission CREW Wildlife and Environmental Area South Florida Water Management District Regulations Summary and Area Map srwmtl.gov July 01, 2020 -June 30, 2021 This brochure is designed to provide the public with information and a summary of regulations pertaining to hunting and other recreational use on the CREW Wildlife and Environmental Area. Regulations that are new or differ substantially from last year are shown in bold print. Area users should familiarize themselves with all regulations. For exact wording of the wildlife laws and regulations, see the Florida Fish and Wildlife Conservation Commission's wildlife code, on file with the Secretary of State and state libraries. This brochure, the Florida Hunting Regulations handbook, and quota permit worksheets should provide the information necessary for you to plan your hunting activities. These publications are available at MyFWC.com. Persons using wildlife and environmental areas are required to have appropriate licenses, permits, and stamps. However, Florida residents who: (1) are 65 years of age or older, (2) possess a Florida Resident Disabled Person Hunting and Fishing Certificate; OR (3) are members of the U.S. Armed Forces (not stationed in Florida, while home on leave for 30 days or less, upon submission of order;) are exempt from certain license and permit requirements. Nevertheless, the following authorizations are still required: quota permits listed as "no exemptions"; recreational use permits; antlerless deer permits; and the Migratory Bird Hunting and Conservation Stamp (federal duck stamp). Children under 16 years of age, in addition to the exceptions provided to persons fulfilling (1), (2) or (3) above, are also exempt from purchasing the federal duck stamp. Anyone bom on or after June 1, 1975 and 16 years of age or older must have passed a Commission -approved hunter -safety course prior to being issued a hunting license, except the Hunter Safety Mentoring exemption allows anyone to purchase a hunting license and hunt under the direct supervision of a licensed hunter who is 21 years of age or older. Licenses and permits may be purchased from county tax collectors, license agents, by telephone at 888-486-8356, or at GOOutdoorsHorida. com. A no -cost Migratory Bird Permit is available when purchasing a hunting license. Any waterfowl hunter 16 years of age or older must possess a federal duck stamp (available where hunting licenses are sold, at most post offices, or at www.duckstamp.com). Quota Permit Information: Archery - 25 (Corkscrew Marsh Unit), 30 (Flint Pen Strand/westem Bird Rookery Swamp units), no -cost, quota pemits (no exemptions) Muzzleloading Gun - 25 (Corkscrew Marsh Unit), 30 (Flint Pen Strand/western Bird Rookery Swamp units), no -cost, quota permits (no exemptions). General Gun - 25 (Corkscrew Marsh Unit), 30 (Flint Pen Strand/western Bird Rookery Swamp units), no -cost, quota permits (no exemptions). Spring Turkey - 5 (Corkscrew Marsh Unit), 5 (Flint Pen Strand/westem Bird Rookery Swamp units), no -cost, quota permits (no exemptions) for each of 2 hunts. Permit applications: Hunters must submit electronic applications for quota and special -opportunity permits at GoOutdoorsFloridacom. Worksheets listing hunts, application periods, deadlines, and instructions are available at county tax collector's offices, FWC offices, or MyFWC.com. Quota application periods occur throughout the year beginning April 1; please refer to the hunting handbook or MyFWC.com for specific dates. Worksheets will be available about 2 weeks prior to each application period Guest hunters: For each non -transferable archery, muzzleloading gun, general gun, wild hog, spring turkey, and mobility -impaired quota permit issued through GOOmtdOOr3Florida.corr, a quota permit holder (host) may take a guest hunter by obtaining a guest permit. A guest hunter must possess a completed guest permit while hunting, except the following persons may be a guest hunter without a guest permit: a youth under 16 years of age, a youth supervisor, a mentor license holder, or a mentor license supervisor. A host may only bring 1 guest hunter at a time and may only use 1 guest permit per day. The following persons are not considered to be guest hunters: other quota permit holders, non -hunter;, and exempt hunters (on areas and during seasons that allow exemptions). The guest hunter and host must enter and exit the area together and must share a street4egal vehicle while hunting on the area. The guest hunter may hunt only while the host is on the area. Refer to the quota hunt worksheets for additional information. Youth and mentor license holders: A supervisor is required to accompany a youth or mentor license holder during any hunt. A youth hunter (less than 16 years of age) must be supervised by a person at least 18 years of age. A mentor license holder must be supervised by a licensed hunter at least 21 years of age. Unless exempt, only those supervisors with proper licenses and permits may hunt. If the supervisor is hunting during any hunt for which quota permits are issued, at least 1 person in the party must possess a quota perm. Transfer of pemits: Quota and guest permits are not transferable. A positive form of identification is required when using a non -transferable permit, except for a youth under 16 years of age. The sale or purchase of any quota permit or guest permit is prohibited General Area Regulations: All general laws and regulations relating to wildlife and fish shall apply unless specifically exempted for this area. Hunting or the taking of wildlife or fish on this area shall be allowed only during the open seasons and in accordance with the following regulations: 1. Any person hunting deer or accompanying another person hunting deer shall wear at least 500 square inches of daylight fluorescent - orange material as an outer garment, above the waistline. These provisions are not required when hunting with a bow and arrow during archery season. 2. Taking of spotted fawn, swimming deer, or roosted turkey is prohibited. 3. It is illegal to hunt over bait or place any bait or other food for wildlife on this area. NA This brochure is designed to provide the public with information and a summary of regulations pertaining to hunting and other recreational use on the CREW Wildlife and Environmental Area. Regulations that are new or differ substantially from last year are shown in bold print. Area users should familiarize themselves with all regulations. For exact wording of the wildlife laws and regulations, see the Florida Fish and Wildlife Conservation Commission's wildlife code, on file with the Secretary of State and state libraries. This brochure, the Florida Hunting Regulations handbook, and quota permit worksheets should provide the information necessary for you to plan your hunting activities. These publications are available at MyFWC.com. Persons using wildlife and environmental areas are required to have appropriate licenses, permits, and stamps. However, Florida residents who: (1) are 65 years of age or older, (2) possess a Florida Resident Disabled Person Hunting and Fishing Certificate; OR (3) are members of the U.S. Armed Forces (not stationed in Florida, while home on leave for 30 days or less, upon submission of order;) are exempt from certain license and permit requirements. Nevertheless, the following authorizations are still required: quota permits listed as "no exemptions"; recreational use permits; antlerless deer permits; and the Migratory Bird Hunting and Conservation Stamp (federal duck stamp). Children under 16 years of age, in addition to the exceptions provided to persons fulfilling (1), (2) or (3) above, are also exempt from purchasing the federal duck stamp. Anyone bom on or after June 1, 1975 and 16 years of age or older must have passed a Commission -approved hunter -safety course prior to being issued a hunting license, except the Hunter Safety Mentoring exemption allows anyone to purchase a hunting license and hunt under the direct supervision of a licensed hunter who is 21 years of age or older. Licenses and permits may be purchased from county tax collectors, license agents, by telephone at 888-486-8356, or at GOOutdoorsHorida. com. A no -cost Migratory Bird Permit is available when purchasing a hunting license. Any waterfowl hunter 16 years of age or older must possess a federal duck stamp (available where hunting licenses are sold, at most post offices, or at www.duckstamp.com). Quota Permit Information: Archery - 25 (Corkscrew Marsh Unit), 30 (Flint Pen Strand/westem Bird Rookery Swamp units), no -cost, quota pemits (no exemptions) Muzzleloading Gun - 25 (Corkscrew Marsh Unit), 30 (Flint Pen Strand/western Bird Rookery Swamp units), no -cost, quota permits (no exemptions). General Gun - 25 (Corkscrew Marsh Unit), 30 (Flint Pen Strand/western Bird Rookery Swamp units), no -cost, quota permits (no exemptions). Spring Turkey - 5 (Corkscrew Marsh Unit), 5 (Flint Pen Strand/westem Bird Rookery Swamp units), no -cost, quota permits (no exemptions) for each of 2 hunts. Permit applications: Hunters must submit electronic applications for quota and special -opportunity permits at GoOutdoorsFloridacom. Worksheets listing hunts, application periods, deadlines, and instructions are available at county tax collector's offices, FWC offices, or MyFWC.com. Quota application periods occur throughout the year beginning April 1; please refer to the hunting handbook or MyFWC.com for specific dates. Worksheets will be available about 2 weeks prior to each application period Guest hunters: For each non -transferable archery, muzzleloading gun, general gun, wild hog, spring turkey, and mobility -impaired quota permit issued through GOOmtdOOr3Florida.corr, a quota permit holder (host) may take a guest hunter by obtaining a guest permit. A guest hunter must possess a completed guest permit while hunting, except the following persons may be a guest hunter without a guest permit: a youth under 16 years of age, a youth supervisor, a mentor license holder, or a mentor license supervisor. A host may only bring 1 guest hunter at a time and may only use 1 guest permit per day. The following persons are not considered to be guest hunters: other quota permit holders, non -hunter;, and exempt hunters (on areas and during seasons that allow exemptions). The guest hunter and host must enter and exit the area together and must share a street4egal vehicle while hunting on the area. The guest hunter may hunt only while the host is on the area. Refer to the quota hunt worksheets for additional information. Youth and mentor license holders: A supervisor is required to accompany a youth or mentor license holder during any hunt. A youth hunter (less than 16 years of age) must be supervised by a person at least 18 years of age. A mentor license holder must be supervised by a licensed hunter at least 21 years of age. Unless exempt, only those supervisors with proper licenses and permits may hunt. If the supervisor is hunting during any hunt for which quota permits are issued, at least 1 person in the party must possess a quota perm. Transfer of pemits: Quota and guest permits are not transferable. A positive form of identification is required when using a non -transferable permit, except for a youth under 16 years of age. The sale or purchase of any quota permit or guest permit is prohibited General Area Regulations: All general laws and regulations relating to wildlife and fish shall apply unless specifically exempted for this area. Hunting or the taking of wildlife or fish on this area shall be allowed only during the open seasons and in accordance with the following regulations: 1. Any person hunting deer or accompanying another person hunting deer shall wear at least 500 square inches of daylight fluorescent - orange material as an outer garment, above the waistline. These provisions are not required when hunting with a bow and arrow during archery season. 2. Taking of spotted fawn, swimming deer, or roosted turkey is prohibited. 3. It is illegal to hunt over bait or place any bait or other food for wildlife on this area. NA c� L Q R N US � aL] N 70 ro R M O E i E ri LULU to o a N C (b O t"I Q) T � a � This brochure is designed to provide the public with information and a summary of regulations pertaining to hunting and other recreational use on the CREW Wildlife and Environmental Area. Regulations that are new or differ substantially from last year are shown in bold print. Area users should familiarize themselves with all regulations. For exact wording of the wildlife laws and regulations, see the Florida Fish and Wildlife Conservation Commission's wildlife code, on file with the Secretary of State and state libraries. This brochure, the Florida Hunting Regulations handbook and quota permit worksheets should provide the information necessary for you to plan your hunting activities. These publications are available from any Commission office, county tax collector and at MVFWC.com. Persons using wildlife and environmental areas are required to have appropriate licenses, permits and stamps. The following persons are exempt from all license and permit requirements (except for quota permits when listed as "no exemptions;' recreational use permits, aniledess deer permits and the Migratory Bird Hunting and Conservation Stamp [federal duck stamp]): Florida residents who are 65 years of age or older; residents who possess a Florida Resident Disabled Person Hunting and Fishing Certificate; residents in the U.S. Armed Forces, not stationed in Florida, while home on leave for 30 days or less, upon submission of orders; and children under 16 years of age. Children under 16 years of age are exempt from the federal duck stamp. Anyone born on or after June 1, 1975 and 16 years of age or older must have passed a Commission -approved hunter -safely course prior to being issued a hunting license, except the Hunter Safety Mentoring exemption allows anyone to purchase a hunting license and hunt under the supervision of a licensed hunter, 21 years of age or older, for one year. Licenses and permits may be purchased from county tax collectors, license agents, at MvFWC.com/licrose or by telephone at 1-889-486-8356. A no - cost Migratory Bird Permit is available when purchasing a hunting license. Any waterfowl hunter 16 years of age or older must possess a federal duck stamp; available where hunting licenses are sold, at most post offices or at duckstamp.com. QUOTA PERMIT INFORMATION: Archery - 25 (Corkscrew Marsh Unit), 30 (Flint Pen Strand/westem Bird Rookery Swamp Units), no -cost, quota permits (no exemptions). Muzzleloadinu Gun - 25 (Corkscrew Marsh Unit), 30 (Flint Pen Strand/western Bird Rookery Swamp Units), no -cost, quota permits (no exemptions). General Gun - 25 (Corkscrew Marsh Unit), 30 (Flint Pen Strand/wesiem Bird Rookery Swamp Units), no -cost, quota permits (no exemptions). Suring Turkey - 5 (Corkscrew Marsh Unit), 5 (Flint Pen Strand/western Bird Rookery Swamp Units), no -cost, quota permits (no exemptions) for each of 2 hunts. U 0 c ra C a Permit applications: Hunters must submit electronic applications for quota and special -opportunity permits through the Commission's Total Licensing System (TLS). Worksheets listing hunts, application periods, deadlines and instructions are available at county tax collector's offices, FWC offices or W WC.corn. Quota application periods occur throughout the year beginning April 1; please refer to the hunting handbook or MYFWC.com for specific dates. Worksheets will be available about 2 weeks prior to each application period. Guest hunters: For each non -transferable archery, muzzleloading gun, encral un, wild h s rim mrke and mobili -im aired uota rmit rssu t roug t e ommrssron s on y one gnnest perms may e obtained. The following persons may be a guest hunter, but arenot required to obtain a guest permit: a youth under 16 years of age, a youth supervisor, a mentor license holder or a mentor license supervisor. A quota permit holder (host) may only bring 1 guest hunter at a time. The following persons are not considered to be guest hunters: other quota permit holders, non -hunters and exempt hunters (on areas and during seasons that allow exemptions). The host must share the bag limit with the guest and the host is responsible for violations that exceed the hag limit. The guest and host must enter and exit the area together and must share a street -legal vehicle while hunting on the area. The guest may only hunt while the host is on the area. A person is only eligible for one guest permit per hunt. Guest permits may only be obtained from license agents or county tax collector's offices. Guest permits muy be obtained up to and during the last day of the hunt. Refer to the quota hunt worksheets for additional information. Youth and mentor license holders: A youth hunter (less than 16 years of age) must be supervised by a person at least 18 years of age. A mentor license holder must be supervised by a licensed hunter at least 21 years of age. Unless exempt, only those supervisors with proper licenses and permits may hunt. If the supervisor is hunting during any hunt (not including special - opportunity) for which quota permits are issued, at least one person in the party must be in possession of a quota permit, During a hunt that allows exemptions, a non-exempt supervisor of a youth must have a quota permit to hunt. A non -hunting supervisor is allowed to accompany, a youth or mentor license holder during any hunt (including special -opportunity). Transfer of permits: Quota and guest permits are not transferable. Except for youth under 16 years of age, a positive form of identification is required when using a non-trans€enable permit. The sale or purchase of any quota permit or guest permit is prohibited- 65 GENERAL AREA REGULATIONS: All general laws and regulations relating to wildlife and fish shall apply unless specifically exempted for this area. Hunting or the taking of wildlife or fish on this area shall be allowed only during the open seasons and in accordance with the following regulations: 1. Any person hunting deer or accompanying another person hunting deer shall wear at least 500 square inches of daylight fluorescent -orange material as an outer garment, above the waistline. These provisions are not required when hunting with abow and arrow during archery season. 2. Taking of spotted fawn, swimming deer or roosted turkey is prohibited. Species legal to hunt are listed under each season. 3. It is illegal to hunt over bait or place any bait or other food for wildlife on this area. 4. Driving a metal object into any tree, or hunting from a tree into which a metal obj ecthas been driven, is prohibited. 5. No person shall cut, damage or remove any natural, man-made or cultural resource without written authorization of the landowner or primary land HUNTERS AND CHECK STATIONS: 1. Hunting equipment and dogs may be taken onto the WEA after 8 a.m. the day before the opening of a season and shall be removed by 6 p.m. one day after the end of the season. 2. Hunters shall enter and exit the area at a designated entrance, except hunters entering or exiting the Corkscrew Marsh Unit shall use Gates 5 or 6. 3. Hunters shall check in and out at a designated check station when entering and exiting the area and check all gam e taken. 4. No deer or turkey shall be dismembered until checked at a check station. GUNS: 1. Hunting east of or within %-mile of the western North/South Tram Road and south of Bonita Beach Road in the Bird Rookery Swamp Unit is prohibited. 2. Hunting with centerfrre or nmfire rifles is prolbited. 3. All firearms shall be securely encased and in a vehicle, vessel, camper or manager. tent, during periods when they are not a legal method of take. Persons in 6. Taking or attempting to take any game with the aid of live decoys, possession of a valid Concealed Weapon or Firearm License may carry recorded game calls or sounds, set guns, artificial light, net, trap, snare, concealed handguns. drug or poison is prohibited. Recorded calls and sounds can be used to 4. Target practice is prohibited. hunt furbearers, wild hog and crows. 5. Hunting with a gun and light is prohibited. 7. The wanton and willful waste ofwildlife is prohibited. 6. Mundeloading guns used for taking deer must be .40 caliber or larger, if 8. Hunting, fishing or trapping is prohibited on any portion of the area firing a single bullet, or be 20 gauge or larger if firing two or more balls. posted as closed to those activities. 7. Children under the age of 16 may not be in possession of a firearm unless 9. People, dogs, vehicles and other recreational equipment are prohibited in in the presence of a supervising adult. areas posted as "Closed to Public Access" by FWC administrative action. S. No person shall have a gun under control while under the influence of 10. Taking or herding wildlife from any motorized vehicle, aircraft or boat alcohol or drugs. which is under power is prohibited, until power and movement from that 9. For hunting non -migratory game, only shotguns, pistols, bows, power, has ceased. crossbows, muzzleloading guns or falconry may be used. Hunting during 11. Most game may be hunted from % hour before sunrise until '/` hour after the spring turkey season with firearms other than shotguns or using a sunset (see exceptions under each season). shotsize larger than 42 is prohibited. 12. The release of any animal is prohibited, without written authorization of 10. For hunting migratory game, only shotguns, bow or falconry may be used. the landowner or primary land manager. Shotguns shall not be larger than 10 gauge and shall be incapable of 13. The head and evidence of sex may not be removed from the carcass of holding more than three shells in the magazine and chamber combined. ld any deer or turkey on the area. The intrnAnr. mantis l 11. Firearms using rim fire or non -expanding, full metal jacket (military ball) f n1a .nr nn of-, nnn-native nrnhJNft witb-t written authorization of the landowner or. primaryland manager. 12. mitinn are nrnhihiterl tahino,leer Fully automatic or silencer -equipped firearms, centerfire semi -automatic 15. Wild hog may not be transported alive. rifles having a magazine capable of holding more than five rounds, 16. 'Littering is prohibited. explosive or drug -injecting devices and set guns are prohibited. 17. Fires other than campfires at approved campsites are prohibited 18. A Fish and Wildlife Conservation Commission Law Enforcement Officer DOGS: may search any camp, vehicle or boat, in accordance with law. 19. Planting of trees, shrubs or other vegetation is prohibited without written authorization from the landowner or the Commission. PUBLIC ACCESS AND VEHICLES: 1. Open to public access year round from 2 hours before sunrise until 2 hours after sunset, unless camping at a designated campsite. 2. All persons shall enter and exit the area at a designated entrance. 3. The use of ATVs, swamp buggies, tracked vehicles, vessels (except canoes or kayaks) or unlicensed and unregistered motorcycles is prohibited, except swamp buggies may be operated by individuals participating in the hunt. 4. Vehicles may be operated only on named or numbered roads designated for vehicles. 5. During archery, muzzleloading gun, general gun and spring turkey seasons and beginning at 8 a.m. the day prior to the opening of each season, vehicles may also be operated on named or numbered trails by individuals participating in the hunt. 6. Parked vehicles may not obstruct a road, gate or firelane. 7. No motor vehicle shall be operated on any part of any wildlife and environmental area that has been designated as closed to vehicular traffic. 8. The use or possession ofhorses is prohibited, except by special -use permit from the South Florida Water Management District. No horse permits will be issued during hunting seasons. 1. Hunting with dogs is prohibited, except bird dogs or retrievers may be used during general gun and small game seasons. 2. Dogs on leashes may be used for trailing wounded game. 3. For purposes other than hunting, dogs are allowed, but must be kept under physical restraint at all times. CAMPING: 1. Camping is allowed only at designated sites by persons with written authorization from the South Florida Water Management District (239- 657-2253) or by individuals participating in the hunt. 2. Camping equipment may be taken onto the area after 8 a.m. the day before the opening of a season and shall be removed by 6 p.m. one day after the end of the season. 3. No persons shall bring building materials onto the area or erect permanent or semi -permanent structures. BAG AND POSSESSION LIMITS: During quota hunts, host hunter and guest must share all bag and possession limits. 1. Deer - Flint Pen Strand I western Bird Rookery Swamp Units: 1 per quota permit. 2. Wild hog - No size or bag limit. 3. Turkey - 1 per spring turkey quota permit Daily limit 1, season limit 2. 4. Gray squirrel, quail and rabbit - Daily limit 12, possession limit 24 for each. 5. Raccoon, opossum, armadillo, beaver, coyote, skunk and nutria - No bag limits. 6. Bobcat and otter - Prohibited. 7. Migratory birds - See Migratory Bird Hunting Regulations pamphlet. 4. Driving a metal object into any tree, or hunting from a tree into which a metal object has been driven, is prohibited. 5. No person shall cut, damage, or remove any natural, man-made, or cultural resource without written authorization of the landowner or primary land manager. 6. Taking or attempting to take any game with the aid of live decoys, recorded game calls or sounds, set guns, artificial light, net, trap, snare, drug, or poison is prohibited. Recorded calls and sounds can be used to hunt forbearers, wild hog and crows. 7. The wanton and willful waste of wildlife is proMbited. S. Hunting, fishing, or trapping is proMbited on any portion of the area posted as closed to those activities. 9. People, dogs, vehicles, and other recreational equipment are proMbited in areas posted as "Closed to Public Access" by FWC administrative action. 10. Taking or herding wildlife from any motorized vehicle, aircraft, or boat which is under power is prohibited, until power and movement from that power, has ceased. 11. Most game may be hunted from''/z hour before sunrise until '/a hour after sunset (see exceptions under each season). 12. The release of any animal is prohibited, except by permit from FWC or written authorization from the landowner or primary land manager. 13. The head and evidence of sex may not be removed from the carcass of any deer or turkey on the area. 14. Wild hog may not be transported alive. 15. A hunting license is not required to hunt wild hog. 16. Littering is prohibited. 17. Fires other than campfires at approved campsites are prohibited 1S. An FWC Law Enforcement Officer may search any camp, vehicle, or boat in accordance with law. 19. Planting of trees, shrubs, or other vegetation is proMbited without written authorization from the landowner or the Commission. 20. Falconers may hunt during the statewide falconry season anytime a management area is open for public access. Falconers are not exempt from quota permits during hunts requiring them. Public Access and Vehicles: 1. Open to public access year round but only from 2 hours before sunrise until hours after sunset, unless camping. 2. All persons shall enter and exit the area at a designated entrance. 3. The use of ATVs, swamp buggies, tracked vehicles, vessels (except canoes or kayaks), or unlicensed and unregistered motorcycles is prohibited, except swamp buggies may be operated only by individuals participating in a quota hunt. 4. Vehicles may be operated only on named roads designated for vehicles, except during archery, muzzleloading gun, general gun, and spring turkey seasons. Beginning at 8 a.m. the day prior to the opening of each season, vehicles may also be operated on designated trails, but only by individuals participating in a quota hunt. 5. Parked vehicles may not obstruct a road, gate, or firelane. 6. No motor vehicle shall be operated in areas designated as closed to vehicular traffic. 7. The use or possession of horses is prohibited, except by Special -Use License (SUL) from the South Florida Water Management District (SFWMD). To apply for and receive an SUL by email, visit www.sfwmd.gov/sul. To receive an SUL by U. S. Mail, contact SFWMD at 1- 800-432-2045 (allow 7-10 business days). 8. Trailers and trailer parking are prohibited, except at the Flint Pen Strand and Gate 5 check stations, where trailer parking (including equestrian trailers) is allowed in the adjoining parking lots. Hunters, Check Stations, and Harvest Reporting: 1. Hunting equipment may not be taken onto the WEA until after 8 a.m. the day before the opening of a season and shall be removed by 6 p.m. 1 day after the end of the season. 2. Hunters are required to enter and exit the area at a designated entrance and hunters entering or exiting the Corkscrew Marsh Unit must use Gate 5. 3. During periods when check stations are staffed, hunters must report at a check station upon entering and leaving the area, and check all harvested game. 4. During periods when check stations are staffed, no deer or turkey shall be dismembered until registered at a check station. 5. In addition to checking all game at the check station, all hunters must log their harvested deer prior to moving it and report their harvested deer within 24 hours. See Florida Hunting Regulations handbook or MyFWC.com for deer harvest reporting instructions. Guns: 1. Hunting east of or within''/ -mile of the western North/South Tram and south of Bonita Beach Road in the Bird Rookery Swamp Unit is prohibited. 2. Hunting with centerfire or rimfire rifles is prohibited. 3. Hunting at night with a gun is prohibited. 4. Muzzleloading guns used for taking deer must be .30 caliber or larger, if firing a single bullet, or be 20 gauge or larger if firing 2 or more balls. 5. Hunting deer with non -expanding, full metal jacket (military ball) ammunition is prohibited. 6. Hunting wildlife (other than migratory birds) with airguns is allowed. See Florida Hunting Regulations handbook for details. 7. Hunting deer with airguns is proMbited, except pre -charged pneumatic (PCP) airguus propelling a bolt, arrow or bullet .30 caliber or larger are allowed. S. Hunting turkey with airguns is prohibited, except PCP airguns propelling a bolt or arrow are allowed. 9. Children under the age of 16 hunting with a firearm or airgun must be in the presence of a supervising adult. 10. No person shall discharge a firearm or have a loaded firearm in hand while under the influence of alcohol or drugs. 11. For hunting non -migratory game, only shotguns, pistols, airguns, bows, crossbows, or muzzleloading guns may be used. 12. For hunting migratory game, only shotguns, bows, or crossbows may be used. Shotguns must be 10 gauge or smaller and incapable of holding more than 3 shells in the magazine and chamber combined. RE 13. Hunting with fully automatic firearms, explosive or drug -injecting devices, or set guns is prohibited. 14. The discharge of a firearm outside of periods open to hunting or in areas closed to hunting is prohibited per s.790.15 FS Dogs: 1. Hunting with dogs is prohibited, except bird dogs or retrievers may be used during general gun season for hunting rrgratory birds and during small game season to hunt gray squirrel, migratory birds, quail, and rabbits. 2. Dogs on leashes may be used for trailing wounded game. 3. For purposes other than hunting, dogs are allowed, but must be kept under physical restraint at all times. Camping: 1. Camping is allowed only at designated sites by Special -Use License (SUL) from the South Florida Water Management District (SFWMD). To apply for and receive an SUL by email, visit www.sfwmd.gov/sul. To receive an SUL by U. S. Mail, contact SFWMD at 1- 800-432-2045 (allow 7-10 business days). NOTE: Hunters will need an SUL to camp during quota hunts. 2. No persons shall bring building materials onto the area or erect permanent or semi -permanent structures. 3. Quiet hours: From 11 p.m. until 7 a.m. loud music, barking dogs, or any other activity causing excessive noise is proMbited in camping areas. 4. Pets must be physically restrained and under control within camping areas. Bag and Possession Limits: A guest hunter must share the host's bag limit, and the host is responsible for violations that exceed the bag limit. 1. Deer - No person shall exceed statewide bag limits. A. Area limits - 1 antlered deer per quota permit (Flint Pen Strand and Western Bird Rookery Swamp units). The take of deer is prohibited in the Corkscrew Marsh Unit. B. Statewide limits - Annual limit 5 deer (only 2 of which may be antlerless), daily limit 2, possession limit 4. C. As part of the statewide annual deer limit, youth less than 16 years of age may harvest 1 deer annually not meeting antler point requirements but having at least 1 antler 5 inches or more in length. 2. Wild turkey - No person shall exceed statewide bag limits. A. Area limits - 1 per spring turkey quota permit. B. Statewide limits - Spring season limit 2, daily limit 2, possession limit 2. 3. Wild hog - No bag limit or size restriction. 4. Gray squirrel and rabbits - Daily limit 12 per person, possession limit 24 for each. 5. Quail - Daily limit 12, possession limit 24. 6. Armadillo, beaver, coyote, nutria, opossum, raccoon, and skunk - No bag limits. 7. Bobcat and otter - Prohibited. S. Migratory birds - See Florida Hunting Regulations handbook Archery Season: August 5-16 Permit, Stamp, and License Requirements - Quota permit, hunting license, management area permit, archery permit, deer permit (if hunting deer), and migratory bird permit (if hunting migratory birds). Legal to Hunt - Antlered deer with at least 1 main beam having 3 or more points (with each point being 1 inch or more in length) OR a main beam of 10 inches or more in length. Armadillo, beaver, coyote, gray squirrel, migratory birds in season, nutria, opossum, rabbits, raccoon, skunk, and wild hog may also be hunted. Regulations Unique to Archery Season - 1. Hunting deer is prohibited in the Corkscrew Marsh Unit. 2. Hunting with guns or crossbows is prohibited, except that crossbows are allowed by disabled crossbow permit and centerfire shotguns are allowed for hunting migratory birds in season. Muzzleloading Gun Season: September 5-7 Permit, Stamp, and License Requirements - Quota permit, hunting license, management area permit, muzzleloading gun permit, deer permit (if hunting deer), and migratory bird permit (if hunting migratory birds). Legal to Hunt - Antlered deer with at least 1 main beam having 3 or more points (with each point being 1 inch or more in length) OR amain beam of 10 inches or more in length. Armadillo, beaver, coyote, gray squirrel, migratory birds in season, nutria, opossum, rabbits, raccoon, skunk, and wild hog may also be hunted. Regulations Unique to Muzzleloading Gun Season - 1. Hunting deer is prohibited in the Corkscrew Marsh Unit. 2. Hunting with archery equipment or guns other than muzzleloading guns is prohibited, except that centerfire shotguns are allowed for hunting migratory birds. General Gun Season: November 21-29 Permit, Stamp, and License Requirements- Quota permit, hunting license, management area permit, deer permit (if hunting deer), migratory bird permit (if hunting migratory birds), and state waterfowl permit and federal duck stamp (if hunting waterfowl). Legal to Hunt - Antlered deer with at least 1 main beam having 3 or more points (with each point being 1 inch or more in length) OR amain beam of 10 inches or more in length. Armadillo, beaver, coyote, gray squirrel, migratory birds in season, nutria, opossum, rabbits, raccoon, skunk, and wild hog may also be hunted. Regulations Unique to General Gun Season - 1. Hunting deer is prohibited in the Corkscrew Marsh Unit. 2. Hunting with bird dogs or retrievers is allowed for migratory birds only. 3. Hunting with centerfire or rimfire rifles is prohibited. Small Game Season: December 5 - January 3 I V Permit, Stamp, and License Requirements - Hunting license, management area permit, migratory bird permit (if hunting migratory birds), and state waterfowl permit and federal duck stamp (if hunting waterfowl). Legal to Hunt -Armadillo, beaver, coyote, gray squirrel, migratory birds in season, nutria, opossum, quail, rabbits, raccoon, and skunk. Regulations Unique to Small Game Season - 1. Dogs may be used to hunt migratory birds in season, and gray squirrel, quail, and rabbits during small game season. 2. Hunting with centerfire or rimfire rifles is prohibited. Trapping: Prohibited Spring Turkey Season: March 6-9, 10-14 Permit, Stamp, and License Requirements - Quota permit, hunting license, management area permit, and wild turkey permit. Legal to Hunt - Bearded or gobbler turkey. Regulations Unique to Spring Turkey Season - 1. Legal shooting hours are % hour before sunrise until sunset. 2. Hunting other animals is prohibited. 3. Only bows, crossbows, PCP airguns propelling a bolt or arrow, and shotguns using #2 or smaller shot size may be used for hunting. Nligratory Bird Season: Permit, Stamp, and License Requirements- Quota permit (if hunting during a quota period), hunting license, management area permit, migratory bird permit, and state waterfowl permit and federal duck stamp (if hunting waterfowl). Legal to Hunt - Common moorhen, cod, crow, clucks, geese, mergansers, mourning and white -winged doves, rails, snipe, and woodcock may be hunted during statewide migratory bird seasons that coincide with the seasons mthis brochure for which migratory birds are listed as legal to hurt. See Florida Hunting Regulations handbook for general season dates and bag limits. Regulations Unique to Migratory Bird Seasons -AII Migratory Bird Regulations shall apply. 1. Hunting ducks, geese, or coot with lead shot is prohibited. 2. Centerftre shotguns are allowed for hunting during established area seasons when migratory birds are legal to hunt. 3. Shooting hours for mourning and white -winged doves are noon until sunset during Phase 1 and % hour before sunrise until sunset during Phases 2and 3. FlsWng and Frogging: Allowed year round, but only from 2 hours before sunrise until 2 hours after sunset. Permit, Stamp, and License Requirements- Fishing license (iffishing) or management area permit (if frogging). Legal to Take - See Florida Freshwater Fishing Regulations Summary. Regulations Unique to Fishing and Frogging - All General Freshwater Fishing Regulations shall apply. Shooting frogs is allowed only during the listed open hunting seasons and only with the legal methods of take during each particular season. General Information: 1. Information for persons with disabilities can be found at MyFWC.com/ADA. 2. If you have any questions about this material, please call the FWC at 561-625-5122 JDD 800-955-8771). 3. The FWC is not responsible for protection of personal property and will not be liable for theft of or damage to personal property. 4. Please report the location of any sick or extremely skinny deer to the Chronic Wasting Disease hotline, toll free at 866-293-9282. South Florida Water Management District Information: This land was acquired under the Save Our Rivers program. The purpose of Save Our Rivers is to conserve and protect unique and irreplaceable lands, restore areas to their original condition as much as possible, and allow controlled multiple recreational and educational uses consistent with this purpose. Cooperation Requested: If you see law violators or suspicious activities, contact your nearest Commission regional office or call 888-404 FWCC. You may gualifyfor a cash reward from the Wildlife Alert Reward Association. The U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, age, sex or disability. If you believe that you have been discriminated against in any program, activity or facility as described above, or if you desire further information, please write to: The Office for Human Resources, U.S. Fish and Wildlife Service, Department of the Interior, Washington, D.C. 20240. The project described in this publication is part of a program funded by federal dollars under the Wildlife Restoration Act. Federal funds pay 20 percent of the cost of the program. o J ARCHERY SEASON: Aueust 6-14. Permit, Stamp and License Requirements - Quota permit, hunting license, management area permit, archery permit, deer permit (if hunting deer) and migratory bird permit (if hunting migratory birds). Legal to IF - Deer with at least one antler 5 inches or more in length, wild hog, gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver, coyote, skunk, nutria and migratory birds in season. Regulations Unique to Archery Season - In addition to these regulations, all General Area Regulations shall apply. 1. Hunting deer is prohibited in the Corkscrew Marsh Unit. 2. Hunting with firearms or crossbows (except by disabled crossbow permit) is prohibited, except that centerfire shotguns are allowed for hunting migratory birds when one or more species are legal to hunt (see Migratory Bird section and the current Migratory Bird Hunting Regulations pamphlet). MUZZLELOADING GUN SEASON: September 3-5. Permit, Stamp and License Requirements - Quota permit hunting license, management area permit muzzleloading gun permit deer permit (if hunting deer) and migratory bird permit (if hunting migratory birds). Legal to IF - Deer with at least one antler 5 inches or more in length, wild hog, gray squirrel, quail, rabbit raccoon, opossum, armadillo, beaver, coyote, skunk, nutria and migratory birds in season. Regulations Unique to Muzzleloading Gun Season - In addition to these regulations, all General Area Regulations shall apply. 1. Hunting deer is prohibited in the Corkscrew Marsh Unit. 2. Hunting with archery equipment or firearms, other than muzzleloading guns, is prohibited, except that centerfire shotguns are allowed for hunting migratory birds when one or more species are legal to hunt (see Migratory Bird section and the current Migratory Bird Hunting Regulations pamphlet). MIGRATORY BIRD SEASONS: Rail, common moorhen, mourning dove, white -winged dove, snipe, duck, geese, coot, woodcock and crow may be hunted during seasons established by the Commission for these species that coincide with the archery, muzzleloading gun, general gun or small game seasons. Permit, Stamp and License Requirements - Quota permit (if hunting during a quota period), hunting license, management area permit, migratory bird permit and state waterfowl permit and federal duck stamp (if hunting waterfowl). Legal to IF - See Migratory Bird Hunting Regulations pamphlet. Regulations Unique to Mieiatory Bud Seasons - In addition to these regulations, all General Area Regulations and Migratory Bird Regulations shall apply. 1. Hunting duck, geese and coot with lead shot is prohibited. 2. Centerfire shotguns are allowed for hunting during established area seasons when one or more migratory birds are legal to hunt. FISHING AND FROGGING: Allowed year round 2 hours before sunrise until 2 hours after sunset. Permit, Stamp and License Requirements - Fishing license (not required when frogging). Legal to Take -See Florida Freshwater Fishing Regulations Summary. Regulations Unique to Fishing and Frogging - All General Area Regulations and General Freshwater Fishing Regulations shall apply. Shooting frogs is allowed only during the listed open hunting seasons and only with the legal methods of take during each particular season. GENERAL INFORMATION: 1. Information for persons with disabilities can be found at MVFWC.com/ADA. 2. If you have any questions about this material, please call the Fish and Wildlife Conservation Commission at 561-625-5122 (TDD 800-955- 8771). GENERAL GUN SEASON: SOUTH FLORIDA WMD INFORMATION: November 19-27. This land was acquired under the Save Our Rivers (SOR) Program. The Permit Stamp anr9 Tpermit I rtino licence e. of'"12 is to cnnceirreolaceahle 1-1. management area permit deer permit (ifhunting deer) and migratory bird restore areas to their original condition as much as possible and allow permit (if hunting migratory birds). controlled multiple recreational and educational uses consistent with this Legal to IF - Deer with at least one antler 5 inches or more in length, wild purpose. hog, gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver, coyote, skunk, nutria and migratory birds in season. Regulations Unique to General Gun Season - In addition to these regulations, all General Area Regulations shall apply. 1. Hunting deer is prohibited in the Corkscrew Marsh Unit. 2. Hunting with bird dogs or retrievers is allowed. 3. Hunting with centerfire or rim fire rifles is prohibited. SMALL GAME SEASON: December 3 through Janumv 1. Permit, Stamp and License Requirements - Hunting license, management area permit, migratory bird permit (if hunting migratory birds), and state waterfowl permit and federal duck stamp (if hunting waterfowl). Legal to IF - Gray squirrel, quail, rabbit raccoon, opossum, armadillo, beaver, coyote, skunk, nutria and migratory birds in season. Regulations Unique to Small Game Season - In addition to these regulations, all General Area Regulations shall apply. 1. Hunting with bird dogs and retrievers is allowed. 2. Hunting with centerfire and rimfire titles is prohibited. TRAPPING: Prohibited. SPRING TURKEY SEASON: March 3-6 and 7-11. Permit. Stamp and License Requirements - Quota permit hunting license, management area permit and wild turkey permit. Legal to Hunt - Bearded turkey or gobbler. Regulations Unique to Spring Turkev Season - In addition to these regulations, all General Area Regulations shall apply. 1. Legal shooting hours are % hour before sunrise until 1 p.m. 2. Hunting other animals is prohibited. 3. Hunting with firearms other than shotguns or using a shot size larger than #2 is prohibited. COOPERATION REQUESTED: If you see Ian, violators or suspicious activities, contact your nearest Commission regional office or call 1-888-404-FWCC. You may qual fy for a cash rewardfrom the Wildlife Alert Reward Association. The US. Department of the Interior prohibits discrimination on the basis of race, color, national origin, age, sex or handicap. If you believe that you have been discriminated against in any program, activity or facility as described above, or if you desire further information, please write to: The Qf ice for Human Resources, US Fish and Wildlife Service, Department of the Interior, Washington, D.C. 20240. The project described in this publication is part ofa program funded by federal dollars under the Wildlife Restoration Act. Federal funds pay 20 percent of the cost of the program. When you spot law violators or suspicious activities, contact your nearest Commission regional office or call 1-888-404-FWCC You may qualify for a cash reward from the Wildlife Alert Reward Association. 70 CARACARA PRAIRIE PRESERVE lie I . . .m-■. ■ EXHIBIT "C" 71 EXHIBIT "C" PROPERTY TAX IDENTIFICATION NUMBER: 00053080006 LEGAL DESCRIPTION: WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY. FLORIDA. /_1kiIa] PROPERTY TAX IDENTIFICATION NUMBER: 00053080200 LEGAL DESCRIPTION: NORTHWEST QUARTER (NW1/4) OF NORTHEAST QUARTER (NE1/4) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. 72 EXHIBIT "D" t RDINANCENO.2007._ i�q AN ORDINANCE AMENDING ORDINANCE NO. 2002-6;1, WHICH ESTA111,15FFED THP CONSERVATION COLLIZR PROGRAM, BY REVISING SECTION SUL: CREATION OF THE CONSERVATION COLLIER ACQVIDSITION F ND+ SECTION E[GHT; LAND ACQUISITION ADVISORY _ COMMITTEE; 'SECTION TEN: CRITERIA FOR LVA1 VATIFlG LANDS FOR ACQUISITION AND "r , MANAGEMENT, SECTION ELEVEN: ACQUISITION LIST; SECTION 'TWELVE: NOMINATION OF y::•; :-� ACQUISITION PROPOSALS AND CANDIDATE SITES4- SECTION THIRTEEN; PROCEDI.RF FOR SELECTION OF ACQUISITION PROPOSALS FOR PLACEMENT ON THE ACTIVE ACQUISITION LIST AND SUBSFOUENT FURC1{ASE PROCEDCHI S; SF',CTION FOURTEEN: MANAC.FMENT PLANS AND USE OF EN1rIRONMENTALLY SENSITIVE LAN ; SECTION FIFTEEN: RESPONSIHILITFES OF THE COUNT'+ MANAGER; PROVIDING FOR CONFLICT AND SEVERARILFTY, PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES- AND PROVIDING FOR AN EFFECTIVE. DATE. WHEREAS, Collier County has studiLd various methods for the acquisition of env ironmemally scrtsilive land fur comwvation, prctcrvauon and urhal green slxwe; anti W14EUAS, Collier County has Home Rule Towers vstoblished by ihv Florida State Cegislanuta piium tit to Florida Sutrurea•, Chapter 125 and ]Sac the pouw to carry on government to the exterA not inconsistent with general law; and WMERJEAS, Collier County dcsirr5 w pruvide a mechmism to eilwtably deal with the implt=mentation of the L_ommurtity Character Plan, the ComprchenWve Growth Management Plat, which rmoc utrvad acquisition of envirorunantally sensitive lands; and WHEREAS, on Tue4Ry. November 5, 2W2, the electorate of Collier Cawrty authaiized the Cuunty to levy a 0-25 mill ad valor -cm property tax for a period not to e=md 10 (tcn} years, for acquisition, protection. rrstaration, attd management of environmentally sensitive lands in Call County for the benefit of present arid. Mum gerterations; and WHEREAS, Collier caur►ty's significant natural resources productive eslueries and wetlands, remarkable hiodivx-rsity, and unique subUapit:al habitats hwbotigg many species of r rry and endangered tlura and fattna merit the moo protection any oounly's citimm' Gould offer, and WHEKLAS, it is the intent of the Board of county Commissioners of Collier County to establish Comsewation Collier to implement tiris manJate and to supp yet its putpayes to the fullest, limiting all uses of, anal all 'irnrostrnent earnings on, such levies to such putt: and WIAE1 'A5, the Collier County hoard of County CXn65ionez rerttp:rbes the need for the weation i7f ari advisory hoard to advise the County and the public in the implemiartation of the program and rlre selcetion Sof project vtes for wquisrtion; and t Lngglino added: W k Mr,lcleted, WEIERI-AS, the Collier Cowi[y 13LWd of County Corti Sissiorrer,, in rccopition o, Ille fact that the proposed cnvironmt,ntjlly StrLSilil:4,' lands We tL1 bt- purcluuud Ln whale or in pout thNUEEL a special ad vglorcm ;i.:�sv.sment, hereby r,cQognice• the rights of OR C:itifens to have rcasonablr public access and for all our cniZtns ter p:{ laki artd tnjoy various Yitslo4+r acLiviucs in a rtawnahle and cnviroLbrnt sally friendly rmituier ort lands purch:Lscd with these fLLmis; and WHEREAS. the hoar-d of County Conunissiuners will ensure that Comcrvatinn Col Iicr 1.3 a willing parlicip*mt program and shall utilize only methods of vulunlary acquisition: NOW, ITIERLFO1tZ AF IT ORDAINED BY THE 130AR-D OF COL;N'I t COMM] SSl[)' TRr ; OF COLLIER COUNTY, FLORIDA. that: SEt='l ION L WC; This ardinarlt'4 shall by known as {'nnsL i^'a[iuu Cullitr Impkincntalic,u Ordinancc, ` 'IIO 2; Objectives- CoEuvrvation Collier is 111Mfore htrtby established to acquire, prcxvnc, r`siwc, and maintuin vital and significant iE atenrd natural lands, fbres[, upland and WCtIX)d corartkuniiits Iacated in Collier Cuunly. for the hc4efit of present LLnd future generations. SECTION 3—)F'indinea: I. Thr foruJgoiny recilals are [rue and rorrvct and hxi)rrx)ewed herein by- rc6;fQiyce, I All ad valorem Candw g0iSeralcd hereby shall ibc Collected Ery the COMCP Courot, TiLX Cu11M kv. 3, Vhe County h,-lanagcr, or his or her designee, dealt administer this program in accordance with the Procedures and chlerin provided for herein. SECTION a — Purpose and Intent- ] . .TO at;tuire, pr,,,Nct and manage rn41irm3mcn1ally sensitive lands that cnntain natural upland or ktietland communitifis, native plant vommunrties, rare and endangemd flora and fauna, endrmic species, cndwigmd spevits habitat, a diversity of sp&Jcs, significant wa1E'r rc.3uurcas, or uurstanding acsiheiic or olhtr natural Fralpres, niaximW g proteetiun of (:(}Ili4r Cuunly's rarCKr, mast unique and endangered habiwts; Tu acquire, protect and menage e:nvirunmtntally wnsiti,vc lands that offer the best human �,ocial value, including eyuiLLLble J�tngraphi,c disteibtuiory, nir[LLral resource based recreation, and pn7rccrion of Wator reso-urcts, local ccol,og;ic;al L+4arrrres, and cn>tartcentent uE the acsthatic suing <11' Collier County; 3. I o Mjtlire, pruLtvL artd mwgc cnvaronmentally ivmsitivt lands that serve to revharge the County's FLquiCers and protect its wellunds anti RLLrfa"'Water rtsuurccs to cnsure the delivery of Clean and plentihal wales supplies and provide rl00d M314TUI; 4. To acquire, protect and mmnage ruvirunrnmijllu scmilive larLds containing the mint bMingical value, incluriinl, hirxliversily'_ listed species hahiwi, coanectivi[y, restoraiiun p[itential. and ecological quality; 5. To protect present cunsen•ation ixinds by acquiring, prntecting and managing adjaecni pLOptrtics which, if not acquired, would thr"ten the envimrunental integrily of the existing rewmme , or which, if acquired, would enhance and hut7rr iho entironmental integrity of the resource, and add to resource conn*ctivity; 2 Lkghne added; mtrikoomu0b dcleicd. 6. To restore the natural Functions, xa nvuessary, to an}' impamd and vulnerable habitats which would then contribute significantly lea fulfilling, This lm'viam's goals, 7, To help implement the objectives and policies ufthe C olliet' Cuunty Urowth lblanagcmcnt Plant whiell havo heen piomul.gatrd to preseTVt and lrrMLCI environmental protection Areas designatL4 in the Plan and other natural lhresi resource, w-clIxids, endangered species hahiiat, and vulnerable rare habitats; S. F0 idenlify {Cheer C'urml;r's brat. and most endam4cred cnvimnnrerital lands fear iiCyuisiliun, ]mieclitm and management b,y evaluating the hioJcigicul and hydrological rharactcrisikc s and urabilrly of the resource, the vulncrability of 1he resouroc to degradation or destri300n, and the leasibffi k CAI manaFin,g the resourr e to maipttrim its natural attribwcs: 9 Tu manage acquired envirorulle ntally ==situ c lauds •.vith the Primary objcrtivvs of marntKining and prewn'Irl.g their natural resource values, aril providing appropriate naturai resource-bimed rccrcaliurml and educalioaal uppurtunities, t?y ,'mpluying managcrrhunt t:Thniques that are most apprupriWC foT cash native community sea that rrur natural heritage nlay be preservcJ and appreciated by and for present and future grneralinnu; 10. To have the acquired sites available, with Minimal risk ter thG environmental incegri[r of 111c site, to caJt>,catc Collier C'ounty's school•4,r Fmpulatinn and the gvrural public aLvvr the uniquenctis and importance of Collier Cuuniy`s suhrrnpicul ccosys[ems and natural communities, 1 t . To protect natural msoS rces which lie within thk: buurndmies ofollrer conservation land acquisition programs; whew Conservation Collier funds would levcrage significant cr er 111aWhing, sources of funding fear uihrr agcncy acquisition pmiec-U that %would not Inc it%-aililblc Without sash a local ntiatch, or which would result in considerably higher funding rank in another prrigrani, howevcr, Callirr County Shall exclude MkinicipaMes within the Cuunty Fmm any rcquircmc-ni w pnwidc marching finds; and, 12. To cooperate actively with n1her xcquisiliun- conservation, and resnurce rnanageaaent larogranls. including, but not limited to, such prna ram, US 113V SLiLLr cif Florida Conserv%icm and Recreation Lands. program, the [.anti ArqukittoIl Trust Muted, l=londtr Fcrraver. and. Save Our R ver. program, where (he purposes of Such prrsgram% are consistenl with the putposr.s of Cunsen-.ati on. C-01licYr ms stated hcr�- inaboue. SECTION �— Definitions; The fi}ICowlrtg wurds and phras,-s, when LL d in This chapter, shall have the :en.raning5 ascrihed to lhvm in this seviion; l- "Acquisition prrrP[>5at" shall mean (;i} garceJ{sl of land Which husthavc h�cn aorninated or recnmmerided for canscry'atiun in accordance with the procedures pruvidrd for herein. ?, -'Acquisitian project" shall mean W parcel(q) (if iand apprnvcd by the Board of County Commisdoncrs for w:nservation by The county in accordance with Inocedurrs Pmvidod for hcrrin. 3. ° Authurixcii Putpusv" means CXpCrL;lilurCN authorized herein. 4. "Nun -profit organizalion" shall Mean an or .ani.rxtion as defined in suction 501 of the i.nited Slates Intcrtial ltrvenue Cade, Or&Mling Ln Collier C ouniy, which. includcs among its primary goals the conwrvation of namtn'al. res:rurccs ;old the protection of the rmvimnnlent k. udrrtmo a&iLd. s[tikwnnaygkj-drlrtnl. "Buffer land" shall meant that land which is adjacent to publicly -owned envinmrttental land. ur privately held land permanently dcdiicated to Conservation, ar that land which is an in - holding within publicly -owned cnvirottrnental land, and which, if not acquired, would threaten the environmental integrity of the existing rarsaurcc, or if acquired, would cnhaitice the environmental. integrity and comwetivity of the resource, 6. "Environnientally wnsiti%i:" land shall mean that land Which contours natural upland or wetland communities, rative plant communities, nut and endangered flora and fauna, endemic bpccies, endangercd species habitat, a diversity of species. significant water resources, or auistanding aesthetic at othea natural features, 7. "M "t" shall mean the preservation, enhartcernem, restoralion, conservax on, monitoring, or mairtLrtit= of Lhc natural resource values of enviroamciaa]ly stnsitivc lands which have been "aired or approved ftrr managernent under C0ft3Crvati-on Cullicr, including provision of apprupriue public access. K. `Target I'ratection Areas" shall mean larEcr urvia of cnvironmcntally sunsitivc land within which arc located specific siLes which generally satisfy the initial screening, criteria and mcct the goals of Conservation Collier. 9 "Natural resource -&Bed recreation" .shall meant all forms of uses which are consistent uilh the goals of this program, and are compat btu wiLft the specific parcel. Such uses shalt include, but not be limited to, hiking. nature photography, bird -watching, kayaking, canoeing, swiinming, homing and fishing.. SECTION 4 - Creation of the Con.srp.,atjon Collier Acquisition Truml Fond, Collier County shall establish the Conservation CAlier AcymsiLton frost Fund for use in acquiring environmentally sensitive lands in Collier County. This fund shall receive and disburse monies in accmk4mce with the provisions herein. I. The Concern-ation Collier Acquisition Trust Fund shall receive monies from the following sources: a. All monies accepted by Collier County in the form of federal, State, or other governmental grants, reimbursements, allocations, or appropriations, foundation or private grants, donations for acquisition of enviror n=tally sensitive lands and payments provided for mitigation activity associaatl with such acquisition activity. b. Such additional allocations as may be made by the Board of County Commissioners from time to time for the purposes set forth hereln. C. All interest generated from the sources identifjpd herein except where monies received have been other vise designated or restricted. d. 5tapp1erne1LtaLiun from the Conservation Collier Man"emm Trust Fund, but only with floc ;t}apruval of tiro Collier County Hoard of County Commissioners. r. Up to Eighty-five pMont (SYMP)(73%) of all ad valorem revenues collected for Conservation Collier. f. The proceeds of any property acquired with funds From the Conscxvution Cullicr Acquisition Trust fund that is leased or sold by the County, said proceeds, as drtermincd by the Board of County Comtnissionemx, to be committed either to the Conservation Collier Acquisition a Underline added: �OiketWbigh!i eleled. Trust I and or to the Conservation Collier Management Trust Fund tar the purpo= provided far herein. Any such sale or hawse "I only be in accurdancc with the goals of this Program. g. Prior to acquiring land lacatcd within a NI unic.ipalily's boundaries. approval must. first be olkaiinad from the gmerring body of that M unicipality. I The Conservation Collier Acquisition Trust Fund shall be maintained in a separate and s repted uum fund of the County to be used solely for the authori7cd purposes set faith herein, 3. Disbursements from the Conservation Collier Acquisition Trust FurW shall be made only for the following authorized purposes: A. Acquisition of properties which have been approved for pu.rchaw by test44e-liOa 0' the Board ofCounly Co mmeissionem. b. Costs assncialed with each acquisition including, but riot iirtrited to, appraisals. Survey.s. relx5rM title comnyjtnletllS and insurance pdJOes gmroh -weFk, real property taxes, documentary stamps and sur[nx fees, and other transaction costs. C. Costs of administering Conservation Collier, including, MY I'OM5 from the general Fund for funding start-up coats until such time as the fund is closed. Administration of ilic program rmay be conducted by County staff or by contract with a private or not for profit tridty subject to meeting all County and Conservation Collier purchasing policies prmeddFe� Administrative costs shall be limited to the greatest extent possible_ d. To undertake and carry oul studies and arLdystns of county cottacrvalion land needs and ways of meeting those steeds, limited to tw more than SI SWIOG.00 e_ To wgijirc and dispose of reil and personal property or art) interest therein when 5whisi#i ►rr s necessary or appropriate to protect the natural environment, pmvidc public ,access -ac public recreational f8cililits, preserve wildlife habitat areas or provide aocCW to management of acquired lands; to aetiuirc interests in land by means of land exchanges; and to enter into alternatives to the acquisition of fee interests in land, inecluding, [ho acquisition Lit' ea.,emerts, lit4 estates, leases. and leaseback arrangcmenis. f. Acquisitions consistent with lht' Collier County Land Develolsmcnl Ude lead dc�velt)pnrarrt Fftulaiia and the Growth Management Plan. g. To uuoperate with other local, regional, state, or federal public land acquisition programs. In such cases, the County may enter into contractual or other agreements to acquire lands jointly or for eventual resale to other public land acquisition programs in Collier County. h- All lands ataquirod and titled solely in the name of Collier County shall be managed by Collier Clx rity, wherever located, unless by mutual written agreernenl management arrangements and responsibilities are undertaken with other local, regiunal, state, or federal agcEicies. All lands jointly acquired with other local, regional, state, or federal agencies, inchtding MUrticipaliucs, si),jll ityt;lude, as part of the acquisition process, sornt mutual written agnoement regarding, the resporisibilitiv$ ofthe joint 0w7lers fur maintcnancc. i. Tu borrow mt3ncy through the issuance nt'honds fur the purposes provided herein, to provide for and secure ncc payment thereof, and to provide for the rights of the holders thereof_ S IL'IdCrIinC mended J. To inwst any finds held in reserves or sinking; funds, rtr any funds not required for immvdiatfts disbursemenl, in such investments as may be authorized for trust funds under Rarida &arWres; Section 215.47 as iimendcd. k, To insure and procure insurancc against any loys in connection with any cf 111e trUST's operaLions, including without [imitation: a. 'l he repayment of any loans to mortpape ]enders nr mortgage 10LIELs, b. Any project; e. Any bonds of the County; In3Urance may be procured in such amounts anti from such insurers, includiae the Federal Govemment, as may be deemed necessary or desirable by Collier County. 1. to engage the services of private consultants- on a contnwt basis for rendering profe-wonal and teclinicel ne&;erannf and advice, rn To identify parcels of land that would be appropriate acquisitions_ n. To do any and all ih ings necessary or convenient to curry ate the purposes off; and c\eycise the powers given and granted herein to the full extent of the law. SECTION 7-Cr i the C:onsenation CollierManaecmentTruet Fund: Thew is hereby created the Conservation Collier Management Trust Fund (hereinafter referred to as the Conservation Collier Management Trust Fund) for the preservation, enhancement. restoration, conservation and maintenance of environmentally sensitive lands that either have been purchased with monies from the Environmentally Sensitive Lands Acquisition Trust Fund, or have otherwise been approved for management. The Finance Director is hereby authorized to establish The Conservation Collier Management Trust fund and Ta receive and disburse monies in accordance with the provisions of this section. I . The Conservation Collier Management Trust Fund shall be maintained in a stparatc and segregated trust fund of the County to be used solely for the. authorized purposes sei forth herein. I. The Conservation Collier Management trust fund shall receive monies from the following sources: a. Ad -valorem taxes collected for Conservation Collier in an amount not to exceed 15N of the total collected in any one year. b. All monies accepted by Collier County in the form of federal, State, or other goverrunental grants, allocations, or appropriations, as well as foundatiom of private gnuits and donations, for managerrient of lands acquired with the Conservation Collier Acquisition Trust Fund or otherwise approved for managcn1C111. C. Additional allocations as may be [made by the Board of County Commissioners ics necessary from time to time for purposes strictly consistent xiih the goals and purposes of Conservation Collier. d. All interest generated from the sources identified htvcin, cxcrpt where monies mceived have been otherwise de -signaled or restricted. 3. Disbursemetift from the Conservation Collier Management Trust Fund shall be made by the County Manager or his or her designee otily in acrordancc far the authorized purposes scl forth herein_ 6 L ndetl= added; slFik"Foughs dtkwd. SK-110N 8 - Land Aruuisition Advisor v Committee: L . Creation and Purpose: The Land Acquisition Advisory Committee is hereby established to assist the Aoard of County Commissioners in establishing an Active Prapcnies Acquisition List %with qualified purchase rco mmcndations consistent with the ,&Oats of Conservation Collier. 2_ Appointment and Composition: The Land Acxluisition Advisory Committee shall tr: composed of nitre (9) members who arc appointed by aM will serve or the pleasure of the Board of County Commissioners in wcard.ance with OTdinzncc No. 2001-55. Membership of Ihu Lanai Acquisition Advisory Committee shall oxnprise broad .and balanced repmentatiun of the inreresr3 of Collica County 41timns, including: a. Environmental and WnMVBtibn interests in Collier C'oma)q b. .agricultural and business interests in C:allicr C.oUnty, C. Educatfflnai intCrogs. in Collier County; and d_ Cencral civic and citizen interests front di-rouizhout the county. Individual members of the Land Acqu6it" Advisory Committee shall have exportisc, knowledge or intcrest in ecology, conservation of natural resources, real csW or land acquisition, Land appraisal, land management, eco-towism or environmental education. A nominee shall submit to the Wan] -qf-9wnty Commissi written o++idcnrc of his or her expertise, knowledge or interest in any of the above. The mcrnbcrs of this committee should include representatives from dif%rent areas of Collier Cotmty. 3. Tennis of Office, The initial terms of office of the members shall be Ug gcrcd bi tw wen the individual interests, for balance purpmes, and be so as follows: EL Three (3) members shall serve three (3) years. b. Three (3) members shall serve two (2) }ears. r:. Y'hrec (3) members shall serve tme (1) year. Thereafter. all appointamnts shall be for a term of three (3) yrtm, The pr*ccm for appointments and temts of office shall be govezned by Collier County Ordinance No. 2001 �55. 4. Officers, Quorum and Rules of Proccdure, At its earliest oppanunity, the membership of the Committee shall elect a chairperson and vice chairperson from among the rnernbers. Ofircers' tens shall be for a period of one (1) year, with eligibility for reelection. The presence of five (5) or mnrc members shall constitute a quorum of rho Committee nmcssary to oakc action and transaet business. The Committee shall, by majority vote of the entire membership, adapt rules of procedure for the transaction of busin. Tltc Land AcuUi!;itiun Advisory Committee shall comply with the applicable rcqurremew of the Florida Sunshine Law. arvJ shall keep a whiten r"ord of meetings, resolutions, Pmdings and dac min Lions in accoTdantr with C'hapwr 112, Flaridd Statutes. Copies of all Committee minutes, resulutions, repo, and exhibits shall be submitted to the Board of County Commissioners. 5. Attendance and Vacancies.' Committee member arWndancc requirements, including failure to aticnd meetings and member removal from office are governed by Collier County Ordinance itico, 2003-55, as amended. Underline ulded'. 6, Functions, Po%rrs and Duties of the Land Acquisition Advismy Conunittcet The Laved Acquisition Advisory Cummittee shall have the following duties and responsibilities: a. The Land Acquisition Advisory Committee's primary responsibility is to ommaxx3d to the 0=4 of County Commissioners an Active Properties Acquisition List with qualified purchase recommendations consistent with the goals of Conservation Collier and pursuant 6o the policies outlined herein below, b. The Lund Acquisition Advisory Committee inay, from time to time, recommend to the Roard of County Commissioners proposed expenditures from the Conscr+'ation Collier Trust funds-, additional :selection or acquisition policies, prucedures, and programs-, and other such matters as may be nLccssat} to fulfill the purposes of Conservation Collies. Howrver, the goals and primary criteria of C;onservatian Collier may not he modified except by county-W referendum vote. C. The Land Acquisition Advisory Committee shall have no power or authority to cotrtrak Collier County to any policies,, W incur any financial obligations or to create any liability on the part of the County. The actions antl recummcadmions of the Land Acquisition Advisory Committee are advisory only and shall not be binding upon the County unless approved or adopted by thr Einard of County Commissioner.. d. At such time: a® there arc insufficient uncommitted funds in the Conservation Collier Acquisition (rust Fund to conclude another acquisition and all acquisition projects have been closed, the Land ;acquisition Advisory Committee shall report to the County Commission that its hU%LnC55 is concluded. All remaining Conservation Collier Acquisition Trust Fund monies shall then be transferred to the Conservation Cal tier M vtagemem Trust Fund, 7. Review of the Land Acquisidon Advisory Committee: The Land Acquisition Advisory Committee shall be reviewed by the Board of County Commissioners every four years in acaordatrce with the pro%isionc of Sez:tion Nine of Collier County Ordinance No. 2001-55. as amended. SECTION 4 - Proaerty F.lieible for Acquisition and ManoQemeni: I. Properties eligible to be considered for acquisition and management under Conservation Collier shall be only cnvirotuncmlly sensitive bads available from willing and voluntary parti :ip n7ts- 2. Acquisition of property shall not be constrained based on the immedWe availahil3ty Of management money. 3_ Any environmerntAly sensitive land rot: on the acquisition list which is offered fur conveyance or donation to Collier County and is proposed for management by Conservation Collier shall be cvaluaWd as provided for herein below and may ortly be accepted and approved. for management by the Board of County Commissioner. SECTION lb - Crtreris for Evaluati a Lands for Acuuhition and kl anagement: l , The evaluation of each acquisition proposal shall he based on satisfying ai least two of the initial screening criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria IL4W below trader Section 2, The initial screening criteria are: B 1OCrIiiC asitigsl slritiertrawg(•adelcred, A Land with the most ra=, unique and endawred habitats food in Collier Cw y, order of prefen:nee; tropical hardwood hammocks. xetic auk scrub, coastal sin innd, native beach, xeric Pine, rivicerinc oak, high marsh (saline), tidal freshwater marsh, other native habitats. b. L4mds oNiing the best human social values, including egtatahlc geographic distribution, appropriate avL ss fur natural rrsnurcc•based recreation, and enhancement of the acsthatic setting of Codher County C Land which protects the nwst water resource values, mcltuling aquifer recharge, water qualityr,,wetland dcpcndant species habitat, and flood cntntrnl. d, Ladd containing the most biological waluc, including, biodiversity, 14" species habitat, cDrmaulivity, restoration potential, and ecological quality_ e. Land which enhances andlor protects the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor_ E Any qualified land which nroeets at least two of the above csitu* and has matching funds availablt andlor which Coaseevation Collkt funds availability would leverage a significantly higher funding rank in anrithcr acquisition program. I Those pmposed acquisition proposals which are initially qualified under the screening, sritstia shall be evaluated and ranked by the start and land Acquisition Advisory Commmittec. using Sowndary Ranking Criteria based on site visit information which confirms or refutes the initial screening criteria evaluation, and based on comparative size (to prefer larger of similar parcels} vulnerability to destruction (to prefer most threatened of qualified parcels'), averall resource ecological quality (tt) prefer highest quality of similar parcels) and the estimated feasibility and costs of mantagemettt (to prefer must manageable parcels)_ 3. The Board of County Commissioners hereby shall approve and make a pail hereof the attached initial list of Target Pkxeetion Areas within which are kniked spmitic sites w4 h 9cuendly S9 Wb the initial screening criteria and meet the goals of Conservation Collier. Inclusion on this list is not a guarantee of any specific purchase. All specific proposals will be evaluated and rankM by staff and the land Acquisition Advisory Commium for a rocommendatiioa of approval to the Board of County Commissioners. In accordance with the goals, policies and procedures of this Conk-^-atiota Calher Implementation Ordinance, the follo,i:ng list is the First 'Sarget Protection rheas adapted for consideration by the Gated Acquisition Advisory Committee, County Staff and the Board of coo my Commissionm. g. All dcsiguntod Urban lands on the Future Land Use Map of the Collier County Gro*th Management Plan with predominantly native vegetative cover. b. All Collier County Natural Rcsourcc Protection Are, and Sending Lznds, as shown on the f uiu,rc land Use Map of the Collier County Growth Management Plem. t._ All tmdcvelopcd lands with predonfinately native vegetative corer in the Northern Ciodden Gate Estates, as shown on the Future Land Use Map of the Collier County Uror th Management Plan. 0 L ndcrhne aeUed; aurik#4kmy0r, cWj d. !; The Flow -way and Habitat Stewardship Areas as depicted oat tilt ruturc Land Use Map of the Collier County Growth Msafterncnt Plan. A. The County Manager shall prrpare and periodically update i'ar presentation to the Board of Coumy Commissioners, a Consenstiun Cotlicr Program -Manual, developed by staff and the Land Acquisition Advisory Committee, which, upon approval by the Board of County Commissioners, shall be used as a guide for iffi*enienting the pravisiows, of this ordinance, and shall also include the initW and secondary criteria listed herein ;above for evalu,iting, Conservation Cottkr Acquisition Proposals. Commencement of the acquisition and rnandgurrirni prs>grmn shell be lntrr Wiatc upon approval by the Board of County Coirirrtizisioncrs. passage of the txCrrendum and appoinumnt of the Land Acquisition AdvLwry Committer, evan if the manual has nat hecn cgrnpletcd, SFfiTION I I — Acquisition List; The ov-crall Conservation Collier Acquisition List shop consist of two specific lists: the `farget Pr+obm6m Areas List and the Active Acquisition List. The Land Acquisition Advisory Committee and Hoard of County Commissioners shall approve both in accordance with the .procedtncs sct forth below: 1. The Target Pratuctiun Areas List shall consist of lands represcating [he highest natural reSotrce values (such as Natural Resource Protection Areas), but generally not specific pam-cls, and is initially approved by the Board of County Commission and updated poriodicAi [y by the Board of County Commissioners and Land Acquisition Advisory Committee. It is established and updated in accordancc with Conservation Collicr goals, prucodums; and criteria, 2, The Active Acquisiliun List shall consist of Otcria-qualified sites that have been selected frorn Target Protection. Areas, as well as qualified acquisition proposals submitted to the L wd Acquisition Advisory Cornnrime by the public, all of which have had glZpjjgj&ps subrnitied by frem property owners- 'Thc Active Acquisition List sh 11 separate pr pgsals into thrix 0) categories,..A (pursue acquisition). B (hold for rc-ranking the ncxtnext c�nti —Lno uttere t_ in acgtijring,). The A-catcwry 2a!Ecl eprnjccts shall be further oatC.y )r� iced As I (Ijigif Frioritrl. 2 ftneditm ariodtv) and 3 (low prionly). i n_ipder to eivg Counry stuff direction 8s to PTiorny for acq. i)l tion tasks _ The Active Acquisition List Shall he updated periodically according to Consmation Collier procedures and criteria. Siic acquisition[ proposals that receive the highest evaluatioris pursuant to the Conservation Collier criteria and for which acquisition is feasible will be placed on this Iist, pending nmQ tion aivrvvul by the Lsnd Acquisition Advisory Committee and approval by the Board of County Commissioners. 3. Once approved by the Board of County Commissioners, the County shall actively ptsryug acquisition of A-catcgM projects on the Active Acquisition List_ All sites shall be pursued ors a ;uluntary "willing participant" basis only, without the wic of the County's eminent d raWn powrm a. Projects will only be removed from the Active Acquis itioa List by successful purchdsc of the site, approval of the next succeeding list, withdrawal of positive interest by the property nw-ner, or by resolution of the Board of County Commissioners. Projects removo may still be CotusidffC d at a IaW time. SECTION 112 — Nomination of s equisition proposals aq4 cundidsste sites: oa Underline added; vAi(uufirru g--detetni 1, Nominations for the Cun-,en•ation f:�7lJiex l ro9am May be mode h} �P} porn or I)lganization, including Collier C ounly. regional, Stair or Federal agcncics, }' oonlaClint rrroj,2nun staff in writing and i;dentiiication of the Mccl;'projmc thruukh a map or fv]iu nurnberisl. Staff' will sad an inquire to the owner in the f'ornt of an inwesi letter advising of the nomination and asking; if the sinter wishc5. _io submit an application fnr ounsideration to the Cmgryation Collier Program. 2- An o%mcr moy nortliriate lus or her own property by sub.MLUjrt2 an application. 3- lyourrty staff will_wrid letters of interest ro prt�n+Mr owners within 'target Prot -on s as direcird bv the Land ALgj ,fltior Advisury Committee asking if the. owner wishes to mit Mn application fnr considcrdon to the Cunsenvatiun C'ollicr PrnQram. 4- An a plicatiod} ;ub_tiiined bs the property owner to 1bc County Manager ar his dc.9igrice shall be evidence of a wllling_5.0lcr, S_ Whij1-p Speei#iv situ ImideFation will be giyen ie all iftilividuai pro - 4arO P Afws W-M Jmve gvnar APAII 10 ei d rat dt�cfkMStirNre- CiulayL6mignmed Gentaet. 2...--public and land caner applications nominating properties for acquisition may be submincd at any time, during or afu-r the first annual public solicitatiun meeting (described Wow), application_, shall be galhcred and _evaluated within the framework uJ' an acquisition c►t:lc. w[togh ijmc frame shall be publicly announced. l vperse0-, Gellier Gowiy -fe All nom aiie hhs &..:...._. ...r.:ah V.:ii .heF '"'4tarwar4l�.i Le de!ii .,.. ldd _ atT and !be-Lawi At.*j i:, �dVEW) k+�n3miEtee far re V ew, 4- ¢+ There will be an annual Public meeting 1of the prupose of updating the Board of County Commissioners and the public and for soliciting pmpasals and applications. The first such meeting will take place at the end of the: first year of implementation of Conservation Collier- -, 7 if (l W 9"Heatioit l'[ir pnlpesod mi, rtieh t)v=interesi shall be disclpscd in applications in the same manner as mquired or -zoning applicants by then Collier County Lend Develgptrrcrtt t pdc, +�riFrea I , hei I tcatxs. 6 l thO - pii RRE d e5 a hOW een-.......,.E-.i p 3 oil .ke real Bout' 4 a g!LIadff*d-WJ Fed? .:. 1hE 8 9 riy App-ui .. told , SL(:'I'Itflw 13 -- Procedure for StleCtiOU 4f xr uisitio-n PrOD06816 for DWMrnt din the Active Aa uisifion list and Subsequent Purchase Procedures: 1—. AcQuisitiun prop95815 for -Which applications hpLvc been received shall bri-sct -lied usin iQkd streening crilefia, Ttwse that satist�_ Wo (2) out of six (61 of the Initio.L tierccniag Criteria shall be fOrwardPd U the Land Acguisitiirn Advisor} mmiftez fnr a v t,� for <i curriplete evaluation, II t:ndsrline,W cd;satilwArausisdcIocd, i . UAO w i�mget 140W Ofl Art'db r:... J A..61'%iW %,-R.., ,._..•..:. of iltgr "W,ithin thtmie i lyro4ewti will -gaff hx -Vie% Wing uteri t4 ff the drdlkMl-PtPblie Airl O , lttn l sigrvat Ff id Will rerlt+ ?. AC{Itlisitlian proposals which do not saij Xy the initial qureening criteria or which satisfy init rtl sureeninF criteria but for other tem Ons _ fie ntav not fulfill the purposes of Conservation Collicr earl&trot satisfy the initial rri will be reporfed to the Lard Acquisition Mvisot' - Cominittev anti shall net be evaluated further unless at least five 15] members of the land Acquisition Advisory Committft vote f0F a complete cvaluadon. 4-3. Pmpoaal.s which safi* the initial xrecning will be finther evaluated for presentation afe Vie •# to tht Land Acquisition Advisory Committer: aml-staff for s�gx� rcvicu. .thud rartking. mall l+vahuWon shall inchtde a site visit, which staff shall coordi hale tiyj.th the propene o+vner, and which may influde one Advisury Committee member. review of infiirmatiun about ttig pa4 J(s) available in the County's electronic dAtabases and research into any lather records retained by the County gbow the pmeel(s}. Using bamh observrd and gathcrrcd data, staff shall prepare an Irtitial Criteria Sgmenigg R&port IICSIt1 wbirh will include qMd al+ittg 9ith-�: bourWwy aW lowdon maps for each site, demriptions of the biological and hydrolo}iical chanwteHstics, including initial Ctiteria satisfied, a summary of its potential tun appropriate use, development potential ofthe site and adjacent land, an assessment Of the nianadcatent needs and costs, the assessed and estimated value, and any potentially available matching fimds. tl SeFewing kepqn-. 1, Upon completion of the IaWa[Cr-i g emening}tepao I S(: R, the Land Acgttfsition Advisory Cartrnitt,ec shall hold a public hearing ie-- spAi4eNthe f0T presentation of infarmation contained ltf,.the ]C: &feganding each site, the applicants' and1or landowners' cmmnicnts, and comments from the public. A couTtsy notice shall be provided to the avwncrs of properties which am- the srub)W of the hearing, alchough failure to notify said. owners stall not invalidate these proceedings. -S A -tier all promaies within the cunr w wguhi 'pn facie have heart presented_ t-The Land Acquisition Advisory CQmrnittce shall evaluate all qualified proposals using lhe sfttmi"ry ru kking criteria, as documcnk44 i i-the ]CSR _ aloe ++ilh, MELd public comments, and their own exnericatce Anil iudprnerits, and then runit the parcels rqiqE to fire A, B and C ranking categories to create a recomntendtd I fire +ter Active Acquisition List at Chia a w .1i4 hearing, Stibqequen Addioonal meenn&5 may br called to complete this task, b- C 4e initiui •�;ie wisrv., ;--1 G@flh-Bjtej0 * "W',it'-'- r :... e._cr ti ,, ..-i4t� fit i iniiiai 13 t_ r ierl:ne added'. �det�rd_ A �htre�rt last r.._ , ..� ..:«« 1 .. B•oe+d- nets. r (9--.r.4in-A.,.- CChing .: neae 97 6. The recommended Acliyc AC{luisiliun List shall be foR'w rded to ft Board of Couni), C.omrnksioners, who, in a public mcctinq, shal I vole on whether to appnovc all or pmt of the propn Active acquisition last. Yr211grtIcti may t+e added brit any additional Arm must.rnust.DS SQbice.led tcs the entire evaluatitinu,,,t MGM. I., Cuunty Staff shaJI_j]Mify.progWy yawners and the Rmblic of the _final aPnrovcd Aetiv_e Auquhition l.j!jt, Addi a�dciitiirno] _ Get .. S. After approval of the Activt A cWsruon List„ }teal listate Services staff will mmnge for a .r i. •c .? for A-}awgory pamelsipralms and whso-appraisals aV rtx:e.ived makr an offer i ehC owntn;Kj pursuant to the aprrgvcd. Comscrvadon Collier Laced AC4uisilion Psuxhasc. col' ( ewlution No. 2003-195. ar as superseded). Parcels loCalyd within the Rpral Ftriggg Mixed Gsc District "Srnding" lands are subject to additional rrquircmcnts rcgorditig_ Transfer of mcnt.Right_, ( DRI crrdit.� as tipcctficd in the. Consmadon Collin Land Acquisition Pure lase Pulicy, Resclutron 2(K]3-195, ur as IkgWr eded_tlm-gam--° Of 44.1,...'. ,-•,...._;,._;n...._. will dirm4 Onte an oficr is accented. ]tear Services staff will prepare a eontr,}CiAW rNuesr [Ile owner siun i his signed coyact wfl[ be: presemrd to tdt.e Land A2guisitlon rkdvis Commitler at a ltpblic meeling to .&Jdc- by tnaiority vote_ whether of the cnntract to the _Board _of County Commissioners_ Algag with t1v contract, staff will prvvidr willio pmpai a Project Design Report for each !n, iproje+ct, including emi, af►re,isal& titre se!;eaFeh, history +tom purpose of project, and program qualifications. '_.. Alley ohtainhis a recommendation from the Land ,Acaiui.si;ion Adviwiiry Committee, thr ccmlract, PYoiect Dcsit3n Report an-J l.ati Aequisitiun Advisory CorFLmiltee r-z,imn.end;ytictin will he presented to the Anard.of Coomy Cllmm'ISSILPners at a public hearing fi-r _111tJ1 ie, and approval. 9. - L.pue} gn Re}wtts, r....,..., 1tfe :,...i+ bald U t Ofe MXtN!! . lei_ 'Ihc Board of Courtly Cottunlssioners shall hayt final approoval authority For aflef &pprovai of 04a.. Aeti e Aequiskian � ; m Leeetl A dtititt� tdr Regoilatl{ini►, rcgNWO liM - jty�i, wits! fit!' . -s (WdWiekg� by the BOOM Of My GMfdl lS3ion 3e went—i" d ry C tttitet Jtnre•• •h- eviow and M-AWMRIa._..., COMI)' SIH4 .,P r .,.efd .k.. . ulsition appFAval ml-td k m1ok Pao Hb nnWA-404- l3 Unde mne added: ie•i'tcm"gkgdeletcd, 4-�L, The i[ 8 tttti contract terms fur each proposed project and shall authorize arty and all purchases_ l 1. tlnct a cnn[ract has bccn,g)aproired anii_executed b1• dw Bound -rf CUunty CornmissiOncrs in accnrdan�•-� wiib County policies, Real estate Serv'iccs staff shrill prncecd io clQsc on the p4iJ4Nuv _ t prk I<ri% iii accordwicw with C'uuntX politics. SEC•'L'ION I-4 - Management plans rind use of eav:irup.menlally senNitive lands - I Nu later than +x+ 161 ninety 190J days from the date of ucyviArdon, an inlciriln management plait for any properly acquired shall be sulmitiLd by County starl m the Land Acquisition Advisory Committee for approv.a[ Upon approval, the plan shall he submitted in the 1kard of County C:ommissioncrs ibr final approval ;anal shall be implemrntrd by the County Xtanager pursuant io the Board's dirMdun_ Any such interim management plan(:) .hall not bc: implemented fair mum than two (2) years after acgwsition of chw pnapelly. prior to thu expiration of lvaxa [2j }ears. other a new nnwnaRcmeni plan ;hill be implemented s:Ir, b'e arfrrmauve action ill the Hoard, the interim plan shed] Wnhnuc. I. A final nlatiagemcnc plan, Wiih re,luired revw w and updating every ten years. shall be prepared, with review and input of the Land Acquisicion Advisory Committee, fox each property nr:yurrrd tty C'nn%civation Collier which shall: (a) Identity such 'niattagement activities as are necessary to prescrye, rnhanec, restorc,. c4,nscrve, maintain, or monitur the resource, as appropriate; and (b) Identify such use's au are c imistent with the prescrvalien, enhancement, restoratiort, conservations. and maintenance of the resource: and (c) I-.snmatc the cininual cosis of inanaging the project. .3. Annually, the tcn-year managcment plan-.: prepared during the preceding year shall be submme:d to the Flcpard of County Commi,si„nerS rM us approval. Each ten-year management plan shall be updated at learn every live i.51 years from [lie lest date of Board approval, and may be ameaded as often as required- ]lv'laniugemcnl plan updates and amendments shall be reviewed by the Land Acquisition Advisory Commirltcc tol [heir input and recommendations and then. submimcd to the Board Of C'otanty Commiss103er3 for approval. 4_ All management plans shall be consisient vrith the purposes set forth herein. All properties aoquLre d or tnarraged through Ccansemation Collier shall he managed in accordance with the approved ma.tuticment plant for that property. 5. 'so use, infrastructure, or iniprwr rntmE shrill l+� permitted on any pro rxxrty acquircii nr managed under Consmation Collier iliac iS it)cdarrsisxe tt with the purposes of the pmgratii let ilia[ is not provided by tui alppruvrd management plan for the pmpnny. 6. The County will sock cooperative main ,gement arrangements with other agencies and umi[LCS, in keeping with the approved management plans and goals of Co nsuvation Collier 7'. Purchasing land using Conservation Collier prvgram funds permancntly excingui5hcS all development rights except those strictly corripatibic with the purposes and goals of C'unserva;ion Coi'lier, unless such lands are exchanged for similar lan1r. within a>ad hct+�'ern [ytul[i-parcel lxro trcts Lhat-hs--vc_bccn pres,iously recrmniended hy--Ihc_ Cgriscrvation Collier Land hcquisiiiain Mv[$C7[! Committee and aTi i-oycd by the. BwA Ul. CuunrY Commigion.m. III accordaneu wi[h Id t:ndt dint nckltd: **i6#Wtr"t►0w deleted. the. duals and pwmxs ofthe Program In case ofthese l-- d cxehartM, devclopmcnt_— is are mstored.to these Properties exchanged out of County ownership. S. Public access is an important Clement of management and this Program_ E:xamplcy of permitted uses. subject to compatibility with specific parcels, include: hiking, naltirc p&Aography, bird watching, kayaking, capocing, swimminlr hunting and fishing Thc program will also make- the acquircd sites .available, with minimal risk to the environmental inlegrity of the Site, to oducatc Collier County's swhoul-age population and the gcnerat public about the uniqucnws and importance of Collier County's subtropical ccaSyStcms and natural communities. SEC" Tt"ON PS - Itesponsibillttes of the County Mauagcr_ I he Counl4'Mmager shall facilitate such activitic� designate such atafT, and assign such responsihiluics $a arc neSr Ce&Sy to fulfill the purposes of this fiancef , Owpit!F. The 7 1)e'lig" -fie With eFIEcR9J ffljd p it tykvrt. 2. M' ot2 Advi Go�uisikT itt Monitus- ilWainv Al rs E lie 14epaFtffiefli, r...,..,.....m,e.,...r c.. ,. n etiii, dIt•Rtl Revf4 rtiott gcn ,N 16 - Sunset of the Conservation Collier Ad Valgrem Tax: I- The Conservation Collier special tax revenue will sunset after 10 (ten) }tears, unless reauthorized through similar voter referendum approval. 2. The Management Trust fund continues in perpetuity, as Ions as Conservation t'tillicr lands remain in coupty hands, SECTION 17 - Inclusion in the Code Qf Laws and Ordiminces: The provisions of this Ordinate. shall hru)rnc and be made a part cif the Code of l arrd Ordinances of Collier County, Florida- The scclions of the Ordinance may br renumbered or re lettered to accomoish such, and tha word "ordinance" may be Changed to "section," "article,' or any other appropriate word. SE.CMON 18 -Conflict and 5everubility: In the event this Ordinance cunflicts with any odd Ordinance of Collier County or other applicable law, the more rcsinclive Shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction. such portion shall be deemed a. Separate, distinct and independent provision and such bolding sMI nut alTa,K the validity of ttie remaining porlion SECTION 19 -Effective pate: This O dinan" shall rake effect only upon 1110 passage of the Novcmbcr i, 2002 refercrtdttm levying up to 0.25 mills of ad +,alorem taxes for a Period of -ten (10) years to ntnd the tS Underline added: i44k* wewA19-dete[ed. acquisition of environmentally xn9itivc lands and its being filed with the Florida Departmcni ❑f Stare, PASSED AND DULY ADOPTED by the Board of CmmW Commissioners of Collier County. Florida this � ''"day of N07. Attst: DWIOHT E, BROM Ckrlc BY: aJ-AC t7[ at t � " i A,ppravcd a-, to Form and Legal Sufficiency: BOARD OF COUNTY COMMISSIflNM COLLIER COUNTY, FLORIDA By: { JAMESk COLLTTA, Chairn;ari Jennies A, Re'lpedz sissant County Attorney 14 L! gkne added: st�lcled. IS cffdinancr C44 woo the Secretory o! �6Sy'phL`e's 0fFKp the -t"`clrry of 5�-. M. _ and a!knaw!cjgcpn%arj# of that fil-W received this doy of 1 ®r - _ D, * c STATE OF FLORIDA) Cbt3mM OF COLLIER) 1, DWIMT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a txue and Correct copy of, ORDINANCE 2007-65 Which was adopted by the Huard of County Commissionere on the 23rd day of October, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners Of Collier County, Florida, this 25th day of October, 2007. DWIGHT E, BROCK Clerk of Courtgr r�d elk Ex-offfcio to aoa�A of County Cornmisp•;oiiers �s 1 BY: Martha Varga , Deputy Clerk • E Appendix D. Oil, Gas, and Mineral Lease Producers 88 (9/70)—Paid Up (SP 4.75) With Poolin NEDERIAANaROS RiDGEceNO u5 t ❑r;issippi-AlProvision abama-Florid■ OIL, GAS AND MINERAL LEASE THIS AGREEMENT made thl, AfI4 day of. 20 19-At between Hugh E. Starnes and wife Judy Ann Starnes lessor (whether one or mom), whose address is : 371 5 McGregor Blvd., Ft. Myers, FL 33901 and Wesley E. Williams. 17170 Waters Edge „Cr. N Ft Myers, FL lessee, w1TNESSETH: 1. Lessor, in consideration of - - - - -TAn and ran I OO--- -- -- Dull.tn, rrc,,pi of which is hereby acknowledged, and of the covenants and agreements of lesser hereinnftei contained, doer herehy Arent, lease and let unto Imser the tun! covered herehy for the purposes and with the exclusive right of exploring, drilling, mining and operating for, Producing and owning oil, gas (including enrh,in d.ondel, sulphur and all other mineral$ (whether or not simihtr to those mentioned), together with the right to make surveys on said land, lay pope :rues. rstch1ish and utilize facilities for surface or subsurface disposal of stilt water, construct roads and bridges, dig canals, build tanks, power stations• power lines, telephone Imes. employee houses and other structures on said land, necessary or useful in lessee's operations in a Loring, drilling for, produg cin, trratua ,. ,tong and transporting minerals produced from the land covered hereby or ;tray other land ndincent thereto. The�and covered herehy, herein called ,tr.d", is located in the County of Collier , State of Florida Mid dr�cnhed As follows: TOWNSHIP 46_SOUTH, RANGE 28 EAST Section 30: ALL Retn: 4039327 OR: 4250 PG: 1445 RnC III 18.So RIILIY I NILLIANS RICORDID in the OFFICIAL RICOIDS of COL1II1 COUNTY, It DOC-.70 .70 17170 1ATIRS IDGI CIR 06/27/2007 at 01:10N DIIGHT I, HROCI, CLIRI N " NUNS It 33911 3828 Wlit-MEVER THE FRACTION 1 /8th ARPEARS IN PARAGRAPH. THREE BELOW,. IT IS HEREnY EXPRESSLY -AMENDED AND INICREASEL) TO READ 1 /'5th. This Instrument prepared by:<Wlk Co Wesley E. Williams 4 17170 Waters Edge Circle;'?; North Ft. Myers, FL 339,17='';3828 _ Thug :eue alto coven and includes, m addititri to 'jstt above'°rferq`Itss�, a.`) at U 46ay , t¢uous or ►d;acent to or adjoining the land above described and (a) owned or claimed by lessor by limitation, prescNpon li, Isossession, Main eiOo.ar.mnreegfbyt�detlt instrument or (b) u to which lessor has preference right of .4ussition. Lessor agrees to execute any supplemental lgs"stat ragtiated %yr ,euee fot.a more complate or accurate description of said land. For the pur pose of determiniou the amount of any bonus or other psymetlt heretsudet sdd lava ,ball �"'daetmsd..-to contain 640 cred whrthcr ucruaLly contsituuQ more or less, and the alsovar recital of acreage in any tract shall be deemed-t6 be the true acreage thereof. Lessor accepts the "coos u Jump soon consideration for this letue and all 'right!„ and options hereunder. ' ^_. Coleus sooner terminated or longer kept iss fg{bp under other provisions hese4fe,thir' least aiijW` remoin in force for a term o tj� (QJ0$J r Sri hoot the date hereof, he called 'primary term" and�'tsa, tang thereafter u opentioms"; l.herkl aftet ,defined, are conducted upon said 1addy(IL no cessation for mute than uinoty (90) consecutive days. - ]. As royalty, lessee covenants and epees; (a)To dahver to the credit of lessor, in `tJ?ie pipe,,lins to which lases may connect its wells, the equal Dos_ ci;hth part of al oil produced and saved by leave from sasd'fead, or From time to time, it, the Option of lassos, to Pay lessor the average posted market price of such one -eighth pnrt of such oil at the wells as of -the day. It --fa run to the pipe lioe'trr storage tanks, lessors interest, in either case, to bear one -eighth Of the cnst of treating oil to reader it marketable pipe line oll, (bj ;To-paty_1Wvr-au,4as, nhd ensinahead gas produced from said land (1) when sold by lessee, one -eighth of the nmannt ruralized by lwcrr, eomlrated at the, mciuth of ;tbe wa] ps 2) When used by lessee off said land or in the manufacture of Fasoiiae or otter products, the m,.rkct value, at the mouth of the well, of'sne-Efg$kb' of su ltl`Zas'._und c singlaead gut; (e) To pay leanr on all other minerab mined and mariettd or utilized by lessee from said land, one -tenth either in kiiid or...valus at.Lfw,woll or mine at lessee's election, except that on sulphur mined and mar- keted the royalty shall bo one dollar (S1.00) per long ton. U, at the explrulion of the primary term or at any time or times tbereafter, there is auy well on cud land or ou lands with which said land or any portion thereof boss been pooled, capable of producing gas or any other mineral covered hereby, and all ouch ls Or Oil .his with which en.,.and o. ..y portssere .. .a,......a. ,-...:..__ ... ___ �_•_.. __. . 92 ---- r---- ,--••- ••• vim ---•••a .err l ,rvu uervoy, anu all tucn wells ,Ire shut-in, thin Itaso shell, nevertheless, continue in force u though oporatiun were being conducted on said land for so long as seid wells see shut - in, and therenfler this Irull mass be continued in force u if no shut-in had occurred. Lessee covenants and agrees to use reasonable diligence to produce, utilize, Or m tk(t the inmer,,ls callable of being produced from said wells, but in the exercise of such diligence, lessee shall not be obligated to install or furnish (aciU- ties other than well facilities and ordinary lease facilities of flow lines, separator, and lease, tank, and shall not be required to settle labor trouhle or to market gas upon terms unacceptable to lessee. if, at any time or times after the expiation of the primary term, all such wells okra shut-in for a period of ninery ron• seas:t)sc days, and during such time there are no operations on said land, then at or before the exyiation of said ninety day period, lessee shall pay or teniitr, by check or draft of lessee, as royalttyy, rsa 'equal to one dollar (111.00) for each acre of land than covered hereby. Lessee shaU mske like pay-mens or tcndcrs at or before, tls@ end of @rich anlzveary of the arplradon of said ninety day period If upon suck lanniversary this lease is being continued in force solely by reason of the provisions of this tub -paragraph. Each such payment or tender shall be made to the parties who at the time of pay-mcat would be en- titled to receive the royalties which would be paid under this lease if the wells were producing, or may be deposited to such pasties credit in tb 'r or Its sucessl which shall continue as the depositories regardless of changes in the own- ership of s)tut-in roya:ty. If at any time that laue@ pays or tenders shut-in royalty, two or more parties are, or claim to 6. entitled to receive same, lessee may, in lieu of any other method of parment herein provided, pay or tender such shut-in royalty, in the manner above specified, either lousily to such parOea Dr separately to inch in accordance with their respective ownerships thereof, as lessee may elect, Any payment hereunder may be made by check or draft of lessee deposited in the moll or delivered to the Duty entitled to receive paynnent or to a depository bank provided for above on or before the last date for poyntent. Nothing herein shrill impair lessee's right to release as provided in paragraph 5 hereof, In the event of assignment of this lease in whole or in part, 6al,ibty for payment hereunder shall rest at on the then owner or owners of this lease, severally as to acreage owned by each. t. Lessee Is berehy =ranted the right, at Its option, to pool Or unitize all or any part of said land and of this lease u to any or all minerals or horizons thcreunds-r, with otber lands, lease or hues, or potion or portions thereof, or mineral or horizon thereunder, so as to establish units containing not more than SO surface acres plus 10% acreage tolerance; provided, however, a unit may be established or an existing unit may be enlarged to contain not more than 640 acres plus 10% acreage tolerance, if unitized only ; s to Su or only as to = and liquid hydiocubons (condensate) which are not a liquid in the subsurface rascnoir. If larger trnits are ruqulred, undo any governmental ride or order, for the drilling or operation of a well at a regular location, or For obulning maximum allowable, from any well to b@ drilled, drilling, or already drilled, any such wilt may be established or enlarged, to conform to the sue required by such •�ovcnmxntnt order or rule. Lessee shall exercise said option u to each desired unit by executing an instrument identifying such unit and filing it for recor[� in the public office in which this lease is recorded. Each of said option may be exercised by lessee from time to time, and whether before or after production has been established either on said land or on the portion of sud land included in the unit or on other land unitized therewith and any such unit may include any well to be drlied, being drilled or are u; completed. A t :it astablisbed hereunder !hall he valid and effective for all purposes of this lease even though there may be land or mineral, royalty or leasehold interests in land within the unit which us not pooled or unitized. Any operation con- ductwd on any part of such unitized lewd shall be considered, for sU purposes except the payment of royalty operations conducted under dais lout. The shall he nllo(ated to the land covered by this lease included in any such unit thThere at proportion of the total proAuction of unitized minerals from wells n the unit, after L11,6ticnng any used In lease or unit operations, which the number of surface acres to the land covered by this lace included in the unit bean to the total number of surface acres In the unit. The production to allocated shall be considered for all purposes, including the payment or delivery of royalq, ower- ndin; royalty, and any other payments out of production, to be the entire production of unitized minerals from the portion of said land covered hereby and included in such unit in the same manner at though produced from said land under the terms of this lease. The owner of the reversionary estate of any term rowslty or mineral estate agrees that the &cents] ofroyaltiespursuant to this pare ra.pb or of shut-in royalties from a well on the unit shall satisfy any Lmlution of term requiring production of oil or gas. The formation of such unit shall not have the effect of changing the ownership of any shut-in production royalty which may become payable under this lease. Neither shall it impair the right of .lessee to release from this lease all or any portion of said land, except that leswe may not so release u to lands within a unit while there see operations thereon for unitized minerals unless all pooled leaser are released as to lands within the unit. Lessee may dissolve any unit astabUsbed hmeunder by filing for record in the public office where this leue is recorded a declaration to that effnt, if at that time no opsesdoas see being conducted thereon for unitized minerals. Subject to the provisioru of this pusgraph 4, a unit once esUhbshed hereunder shn:l remain in force so long as any lease subject thereto shall remain in force. A trait may be so stsbUshed, modified or dissolved der- u:g the bit of this lease. 5 Lessee may at any time land from time to time execute and deliver to lessor or file for record a release or releues of this lease as to any part or all of said land or of any mineral or horizon thereunder, and thereby be relieved of all obligations as to the released acreage or interest. 6. Ttus is a PAID -UP LEASE. In consideration of the down ash payment, Lessor agrees that Lessee shall not be obligated except u otherwise provided herein, to commence or continue any operations during the primary term, Whenever used in t" tease the sword "operations" shall mean opera- tion for and any of the following: drilling, touting complatin� reworking, recompleting, deepening, plugging back or repairing of a wall in search for or In an endeavor to obtain production of oil, gas, sulphur or o er minerals, excavating is mine, production of oil, gas, sulphur or other mineral, whether or not m paying quantities. 7. Lessee shall have the use, free from royalty, of water, other than from lessor's water wells ind of oil and gas produced from said land in all operobons hereunder. Lessee shall have the right it any time to remove all machinery and fixtures plaWd on said land, including the right to draw and remove casing No well shall be drilled newer than 200 feet to the house or ham now on said land without the consent of the lessor. Lessee shall pay for damages cased by its operations to growing crops and timber on said land. 93 8. The rights and estate of anparty hereto may be Assigned from time to time in whole or in part and As to any miners! or horizon. All of the covenanta, obligations, And considerstions of & lame shall ertmsd to and be binding upon the parties bereto, their heirs successors, Assigns, and successive "siggnnss N change or "ion in the ownership of said land, royalties, or other moneys or any part thereof, howsoever effeeted, shsll increase the obligations or diminish the rights of lessee, including, but not limited to, the location Lad drilling of wells Lad the meuumment of production. Notwithstanding any other actual or constructive knowledge or notice thereof of or to lessee, its successon or Assigns no change or division in the ownership of said land or of the royaltin, or other moneys, or the right to receive the same, howsoever effected, shall be bindiag upon the then record owner of this Joao until thirty (30) days After them has been furnished to such record owner At his or its principal place of business by lessor or lessor's ban, successors, or Assignsars, notice of such cha or division, supported by either originals or duly cwrtified copies of the instruments which have been properly filed for record and which evidence such c�ge or division, and of such court records and proceedings, traascrfpti, or other documents As sball be necesssry in the opinion Of such record owner to establish the validity of such change or division, If any such Change in ownenhip occurs by reason of the death of the owner, lessee WAY, atvsel-Weas, PAY or tender such royalties, or other moneys, or part thereof, to the credit of the decedent in a depository bank provided for above. 9. In the event lessor considers that lessee has not complied with all its obligations hereunder, both exprtAs and lmpUed, lessor shall ono itls lases in wilt- ing, setting out specifically in what respects lessee has breached this contract. Lessee shall then have sixty (80) days After receipt of said e within which to meet or commence to meet aU or any part of the bmacbes Alleged by lessor. The service of sold notice shall be precedent to the bringing of any action by lessor on said lease for any carve, And no such action shall be brought until the lapse of sixty (90) days After service of such notice on lessee. Neither the service of said notice nor the doing Of Lay acts by lessee aimed to meet all or Any of the Alleged breaches shall be deemed an admission or presumption that lessee has failed to perform All Its obligations hereunder. Should it be Asserted in any notice given to the lessee under the provisions of this paragraph that lessee has failed to comply with Any implied obligation or covenant hereof, this laws shAU not be subject to cancellation for Any such cause except After final judicial Ascertainment that such failure wrists and lessee has then been afforded a reasonable time to prevent cancellation by complying with and du - charging its obligations as to which lessee has been judicially determined to be in default. if this lease u cancelled for any cause, it shall nevertheless rematu in force and effect as to (1) sufficient acreage Lround each well as to wNcb there are operations to constitute a drilling or manmum allowable un.t tinder app�cable governmental regulations, (but in no event less than forty acres), such acreage to be designated by lessee As nearly As practicable In the form of A square centered at the well, or in such shape As then existing spacing rules require; and (2) Any part of said land included in a pooled unit on which there are operations. Lessee shall also have such easements on said land As are necessary to operations on the acreage so retained. 10 Lessor hereby warrants and agrees to defend title to said land Against the claims of All persons whomsoever. Lessor's rights and interests hereunder shalll be charged primarily with any Mortgages, taxes or other liens, or unter•st and other charges on sxid lid, but lesser :g ee: chat ltss-e sh.A'.1 base ;1 c right at any time to pay or reduce same for lessor, either before or After maturity, and be subrogated to the rights of the holder thereof and to deduct amounts so paid from royalties or other payments payable or which may become payable to lessor and/or Assigns under this lease. Lessee is hereby gsseu the right to acquire for its own benefit deeds, leases, or Assignments covering any interest or claim in sAid land which lessee or any other arty contends a out- standing Lrid not covered hereby And even though such outstanding interest or claim be invalid or adverse to lessor. If this lease covers a �ess Interest to the oil, gas, sulphur, or other minerals in all or Lnr part of said land thLn the entire and undivided fee simple estate (whether lessor's interest is herein specified or not). or no interest therein, then the royalties, rand other moneys accruing from any put as to which this lease coven less than such full interest sh.al: be pa:c only inthe proportion which the interest therein, if any, covered by this lease, bean to the whole And undivided fee aimyle estate therein, .Ul ro)slry interest covered by this lease (whether or not owned by lessor) shall he pLid out of the royalty herein provided. This lease shall he binding upon each pan who execute it without regard to whether it is executed by all those named herein As lessor. 11. if. while this lease is in force, at, or after the erpiradou of the primary term hereof, it is not being continued in force by reason of the shut-in well provisions of puagraph 3 hereof, and lessee is not conducting operations on said land by reason of (1) any law, order, rule or regulation, (whether or Got subsequently determined to be invalid) or (2) Any other cause, whether simile or dissimilar, (except financial) beyond the reasonable control of lessee, the prlmLry term hereof shall be extended until the first anniversary date hereof occurring ninety (90) or more days following the removal of such delay- ing cause, and this lease may be extended thereafter by operations as if such delay had not occurred. 12 Within thirty (30) days prior to the expiration of the primary term of this lease, or if operations are being conducted on %aid lease or land pooled therewith at the expiration of the primary term in such manner as to maintnin this lease in force, within thirty (30) days after the completion of A drs holr rewiung from such operatinns, lessee may extend the primary term of this lease as to all or Any part of acreAge then covered hereby, for an additional h%e ,31 sears heyond the initial primary term, by written notification of action taken and by making payment to lessor or to lessor's successor in interest as rr• ;lected h) notice to lessee pursuant to Paragraph 8 hereof, or to the credit of lessor or such wcce%%nr in interest in any depository hank named hrre,n. or �e ,ton emendatory instrument in the sum of $_ _ for each net acre as to which the )ease is so extended. 11 the option i, rsr,c,"d by lessee, the lease os extended will thereafter he treated as if the original primary term had been five (S) yenn longer. O�ti�R COU\ LN WITNESS WHEREOF, this Instrument A Hucf-E. Starnes - .TlhBv AmV Starnes STATE OF IZZ COUNTY OF Zet SEAL (SEAL) I hereby certify, that on tilt day, before me, ■ duly authorized in the Nate and County aforesaid to take acknowledgments, personally appeared Hugh E. Starnes and StarnesJudy Ann to me known to be the penont described in and who executed the foregoing instrument and he q(--�-- acknowledged before me that, being informed of the sxmtenE07 b of the same, _.. t be voluntarily signed and delivered the within and f rein mentioned. Chen under d �(�/� day of a rG h A,D -, 200 X (A(t,a $eal) MVE�SeplB Bardsdllra l(ifa7 Clev 6. C l-,-- 10 t (Title of Official) A(y rpmmission expires 9- — 7 in and (or County. _�'!ft4- — _ STATE OF COUNTY OF I. ■ — WITNESS ACCNOWLEDCMENT (MISSISS IPPI-ALABAMA-FLORIDA ) and for the aforesaid Jurisdiction. hereby certify that a subscribing witness to the foregoing instrument, known to me, appeared before me on this day, and being mom. stated that the grantor(s), baying been informed of the Contents thereof, voluntarily eaacuted and delivered the some in his presence, and in tha proencs of the othet subscribing� witness, on Ilia day the tame 6eu■ data; that 6a attested the same in the presence of the grantor(s), and of the other wiae/u, and that such oth■r a�Iness subscrihcd his come as a witness in his presence. (Subscribing Witco) Cwen under my hand and WMelsl seal, *>'- day of t Affix Seat) .My commission axpiret ITltie of Official) in and for Cosmty. 20 95 Appendix E. 2019 Oil & Gas Drilling Final Permit 1335D ksan xpr °4vaRr,kr r FLORIDA DEPARTMENT OF R+• Gmemoorr Environmental Protection ,eametteKinez Lt Gmremor t *yti Bob MaftezCenter Naahvalmston 2600 Blair Stone Road Se Iy Tallahass$e, FL 32399-2400 Gil & Gas Drilling Permit Permittee: Peurnit No.: 1335D Trend Exploration LLC 3 P9 Wil h-iew Ct. North Fart Myers, FL 33917 PA No: 313880-004 WeIl Itiarne: Collier Resources 25-1 Date of Issue: June 21, 2019 Secnrin : Minerals Trust Fund Participation E rpiration Date; June 20, 2020 PROJECT DESCWPTION This permit authorizes Trend Exploration LLC (Trend), to drill a directional exploratory well from a pre-6wusly permitted surface hole location (SHL) in Collier County, Florida to a new bottom hale location (BHL) in Lee C:omty. The true 1.whcal depth (TVD) of the target is approximately 11,610 feet (ft.) below ground level (BGL) and the measured depth (LO) is approximately 12,139 ft. The ultimate MD of the exploratory wellbore may be 14,OW ft. to explore structure below the target and its relationship tD features of the target. An exastrng raised and bermed, Iectangular, lane rock pad, namsurwg appmxmm My 300 by 200 feet will be used1L Access to the site is %ia the existing oil pad access gravel road_ The only improvements to the road will be to repair three degraded culverts. Stcrmwater improvements include repairs to the exrstmg perimeter berm and installation of rig mat secondary combariment comprised of an nnpenious (lined) ditch and berm. The permit application includes well control procedures, preventative measures, and contingencyplaw fior responding to potential accidents and spills. All produced fhrids (crude oil, formation water and v:ellbore cleanup fluid) collected during well drril� and testing Will be hauled by coutraeWs} to approved handling facilities. Associated natural gas will be flared on site. Drilling operations will use water from two nearby wells, which were used for pre,, low drilling projects at the same SHL. PROJECT LOCATION The SHL is on unproved upland pasture within the Caracara Prairie Presence (CPP); approximately 14 miles east of I-75; 8 miles west of Immokalee; and near the east -to -north trmn of Corkscrew Road (CR 850). The BEL location is in Sewn 25 of Township 46 South, Range 27 East. The well is designated as Collier Resources 25-1. FIN JENCUL, SECURITY Pursuant to Rule 62C-26.002(5Xc)1_, Florida Administrative Code (F-A_C_), and Section 377.2425(1), Florida Statutes ('_S.), the applicant pro,.2ded security for the wcU by payment into the Minerals Trust Fund. TrendEapimatoaLLC DriIlmgPermitNo_ 1335D Explorataay Well Collier Resources W-A 25-1 Page 1 of23 •s FLNAL PERMIT AITI-HORILUIONS The activities proposed in the application for Permit 1335D are consistent with the applicable statutes and n lee governing drilling operations under Part I of Chapter 377, F_S_, and Rules 6?C-25 through 62C-29, FA.C_ The Department hereby issues Permit 1335D to Trend Exploration LLC. The permittee is hereby authorized to drill, complete. and test the well, subject to the following conditions. Issuance of this permit does not guarantee. imply, nor should it be inferred trams such issuance, that future permits or modificatioas will be granted by the Department. Issuance of this permit does not relieve the pumittee of the responsibility to complywith all applicable federal, state_ county, municipal, and special district laws, ordinances_ and rules; nor is the permittee reliezed of the respomiNlity to obtain any licenses or permits which may be required by &deral, state, county. municipal, or special district laws. This permit does not con%Ty to the permittee or create any property- right, or any interest in real property: nor does it authorize any entrance upon or actilities on property which is not awned or controlled by the permittee. PERMIT The permittee is hereby advised to read and understand all permit conditions prior to initiating the acti%sties authorized under this permit, and to ensure that work is conducted in conformance ;pith all the terms and conditions_ If the permittee employs a oafactor, the contractor should also read and understand these conditions prior to beginning any acti,-ity_ Failure to comply with these conditions may result in the suspension or revocation of this permit pTusuan2 to Section 1N-% F_5_; ii junetire relief pursuant to Section37734, F_S_; and penalties or damages purmumt to Section 377.37, F_S. GE NE R.AL C ONDMONS 1. Expiration: This drilling permit expiTes one year from the issuance date. If drilling has not begun �%ithin that period_ then upon written request by the p=ttee_ the Department shall extend the permit far an additional year. Subsequent requests for extensions shall be treated as new applications. [Rule 62C-26.003(2), F.AC_] 2. Conduct of Operations: By acceptingthis permit, the permittee agrees to conduct all operations in accordance with Chapter 377. Part L F.S. and C�'hapters 62C-26 through 62C-30, FA.C- [Rule 62C-23.001(1). FA_C.] Additionally, the permit#ee shall conduct operations is accordance with: a_ The conditions of thispermR b. The Application for Permit to Drill (Foma 3), dated September 21: 2019, which is attached and incorporated as ExhilAr 1 of thispemmt; c. The Application Summai3 Report and Attachments 1 through 17 as cited in thispermii. d Applicant submittals through January 28. 2019 in response to the Department-s Request for Additional Information (RB,I) dared November 2, 2018. e. Applicant letter received April $, 2019, concurring with the regL&ements of Cronsen-ation Collier dated October 24,201 S_ and April 5, 2019_ £ Florida Fish and Wildlife Commission (FWQ staff recommendations dated April 4_ 1_019. [Rule 62C-26.003(3), F_,4_C.1 TrendEaploration LL.0 Ihillme Permit No_ 1335D Sun eland Formabon - Explaarory Well CGIUer R.esc=es Wen 25-1 Page 2 of23 M FNAL PERMIT 3. Notifications and Submittals to the Department: All notifications and submittals required under this permit shall be providedby electronic mail to the Department's Oil and Gras Program at OGP ,i dea.,tate.fl.us. Ef notification by electronic mail is not feasible, it shall be given by phone to the Department's Ft. 1%4}ors Oil and Gas Field Office at 239-344-5611 or 239-344-5721 and followed up promptly by electronic mail. 4. Notifications and Submittals to Surface Owner: All notification and submittals required under this permit to the surface owner, Collier County, shall be provided by electronic mail to the C'PP Manager at e}'.Duvall' C'ollierC own . Ef notification by electronic mail is not &asible, it shall be given by phone to the CPP M mager at 239-272-1086 (mobile) or 239-252- 2960 (office)_ Luther: required notifications to the Collier County Pollution Control Section shall be given by phone at 239-252-2502_ 5. Blovironts or Other Emnengencies: The permittee shall, in the event of a blowout or other emergency, bring the situation under control as rapidly as possible_ The permittee is adLised that failure to do so will cause the Department to bring the situation under control at the expense of the permittee_ [Section 377.40. F.S. andRule 62C-28.005. F.A.O.] 6. Eineraency Response Contingencies: Any accident blowout or other unauthorized release of produ ced fltuds coatntung a pa11u#ant or hazardous substance that is not contained on or within the berm surrounding the drilling pad shall be addressed in accordance with Rules 62-780.500, F_A_C._ and 62-780.550 or Rule 62-780.560. F.A.C., as applicable. [Sections. 377.34 and 377.371_ F_S_] 7. Notification of Rig Schedule: The permittee shall natif}• the Depaitntenf s Oil anal Gas Programs the CPP MamaQer and the Department's Office of Emergency Response (OER) as early as practicable and at least seven calendar days prior to entry- of the drilling rig onto the project site. Notification to the OER shall be prmaded by electronic mail. to Nlcl-.Ro-ffii-de33.state_f1.us _ 5imilarnotification is required far the completionrig. Tine notification shall include at Rminirrnrm: a_ The company name and rig number, b. Telephone numbers of responsible omWanypersonnel, contractors, and dnliinz srtper tendent; c_ The planned wail€ srhe&b. including apprommate spud date and estimated date that the drilled depth will reach 9,000 feet BGL. [Suction 377.3 71(1), F_S., Pollution Prohibited] 8. CcmmencementNod&athn: a. The permittee shall notify the Department's Oil and Gras Program not less than twenty -fate hoitrs prior to starting work and thereafter as directed. [Rule 62C-25.001, F.A_C_] b. The permittee shall notify, the CPP Manager prior to commencement of culvert :reply: emeut and road maintenance_ rig construction, drilling actimties and site access byvehictilar =ffic. [Conservation Collier letter dated October 24: 2018; Applicmr RAI Re,pc-me dated November 9, 2018] c. The permattee shall notify the CPP Manager of the exploratory ail tell project timeline no less than 30 day before activities commence. [Conservation Collier letter dated. April 5, 2019; Applicant reply received April. 81 20191 Trend EgAwatian LLC Ihillme Permit No_ 1335D Sunniland Formation - Explararo¢y Well CCdEier R 2sc=es Well 25-1 Page 3 of_3 W. FLYAL PERMIT 9. Ideatlfieation of Wells: The permittee shall keep a sign that is legible from 100 feet posted in a conspicuous plate near the well diTlaying the name of the permittee, fee owner. well number_ Departiueut pe=r number, county name„ section, township„ and range. [Riiie 62C"-] 7.001 r 1:-. F.A.C'.] 10. Department ReportingRequkemenm: a. The permittee shall submit to the Department s Oil and Gras Program a copy of the abbrel.zated drillers log on a dailybasis_ b. The permittee shall keep at the well site a complete dnller's log and a copy of all well logs run on the well. These Shall be accessible to the Department' 3 Oil and Gras Proms. c. The permittee shall submit to the Depwtnienf s Gil and Gas Program the Well Record (Dil & Gas Farm S) within 30 days after reaching total depth, and the Well Completion Report (Oil Gras Form 9) within 30 days after testing the well. The permittee shall provide a out of all samples and cores taken, a complete set of all well logs_ a mud log„ and any core or sample anal}si3 reports that have been generated within 30 da}'s after reaching total depth. Prior to providing the samples and cores to the Department the perrmitee shall consult with the Departmeafs Ft. Myers Oil and Gras Field Office regarding the most eficieni way to protect and transfer them [Rules 62C-11.001 (3) and (3a), F.A.G. ] 11. Surface Gssner Reporting Requirements: The permittee shall promptly; notify Collier County: as the surface owner_ of am' modiScaticros or additions to existing application actil•ilim including: but not hmited to, pemait modifications, permit extension applications; additional well applications; deep injection site applications, and listed species incidental take pmnd applications. [Consenution Collier letter dated ApnI 5, 2019; Applicant reply received April 8, 20191 SURFACE FACILITIES 1?, Surface and Bottom F1ole Lorstioin: The swface and bottom hole locations shall conform to the locations specified in ExhBit 1, "Application for Permit to dill (Form 3)"1 and as drpicted in Exhibit ? "Location Plat;,„ of this perntit_ [Application; Rules 62C-26.003(3), 62C-26.0030, and 62C-27.010(2), RA.C_1 13. Surface Facilities; Prior to the earlier of August 15, 2019 and date of commencement of repairs or improvements to the existing drilling pad and perimeter berm the permittee shall submit confirmation, sealed by a registered professional, that the exictin- drilling pad and perimeter bam shown in Exhibit 3, "Pad, Rig and Egiupment Layout.' complies with the following requirPmPnts, or shall submit coastructum.plans for the repairs or improvements to comply with the following requirements: a. The drilling pad shall be constructed from trucked-m fill material or from material taken from approved borrow pits. [Rule 62C-30.005(2}(b)5_, F.A.C_] b. The drilling pad Shall be constructed to a height to assure }year-round usage and shall be graded away from the water wells. [Rule 62C-30.005(2)(b)6., F.A.C.] c. A protective levee (perimeter berm) of sufficient height and impermeability to prevent the escape of pad fluids shall be constructed around the drilling site and storage tank areas_ [Rule 62C-30.005(2)(b)7_, F_A_C.] Trend Exploration LLC Sumiland Formation - Explarata¢y Well Page d of 23 Drill= Permit No_ 1335D C411rer Resources Well 25-1 M FLNAL PERMIT d- The perimeter berm shall be of -sufficient size and strength to present rain water from washing onto and inundating thepads and to contain any spills that may occur during dnlliug operations. [Rule 62C-27.001(4)(c), F.A-C.] [Rules as cited abovre and Section 377-371, F-S-, Pollution Prohibited] 1�k Rig Substructure and Ancillary- Equipment; The permittee shall use Best Management Practices (B P) to prevent pollution in the area around and tinder the rig subsmwftre and ancillary- equipment- SpecificaLyr a- The permittee shall install a 30 to 42-mils-thick impenious liner tinder all the matting board area. The liner shall wriendbevond all edges of the mat area- b. The rig shalL be assembled. oriented and operated within a Hued.inrerior berm sy ,teoi substantially asshovninExhibit 1. c- The permittee shall construct a drainage ditch system slang the inside edges of the iure for berm system i A sunT system shall be installed to collect water and associated conran nants from within the interior berm Sy^stem- a A pump (or pumps) shall be installed to transfer collected fluids to an appropriately -sized slap tank - in The interior bem s}'stem liner shall iwo the drainage ditch system to contain fluids that may escape from drilling operation. d- The pemittee shall provide each fuel- oil and hazardous material container ugh a sufficient berm firewsll or containment structure. SITE ACCESS AND SITE OPERATION 15. Caracara Preserve Access Requirements: The permittee shall comply with the following access requirements grmaded by the surface owner, Collier Coumty through the Conservation Collier Program of the Collier County Parks and Recreation Division: a- The permittee- contractors, consultants and workers shall access the site pia gated entry in the Northwest corner of the property, utilizing the lime rock access mad shown in attached Exhibit 1. b. The pernmttee shall provide an additional commbivation lock on the access gate far use by its personnel. The loci shall be removed after activities have ceased. c- The permittee shall ensure that the perimeter gate is closed and locked after each use and that access to the preserve by designated parties is not impeded through the perimeter access gate. d All vehicle operators accessing the preserve shall observe the pasted speed limit of 15 miles per hour (mph)- e- The permittee shall replace all culverts along the lime rock access road from the access gate to the existing pad, before the drilling rig components are brought onto the site- The permittee shall comply with all federal, state- and local laves and permitting procedures required for culvert replacement. Trend Empimtion LL:C Sunnila-nd Formation - ExWmwtwy Well Page 5 of P3 Ihilline Pemrit No. 1335D CG16er Reso=es Wa 25-1 100 FLIAL PERMIT f. The permittee shall maintain the access road to the well site and shall complete neces3ary repairs or maintenance in a. barely manner_ The permittee shall submit a Road Mamtename Plan to the C'onsen-ation Collier_ Caracara Prairie Presence -Manager within 30 days of commencement of driIligR activities_ [Conservation Collier letter dated October 24: 2018, Applicant RAI response dated November 9, 2018; Comsen-ation Collier letter dated April S_ 2019; Applicant reply received April 8, 20191 X Caracars Flrmerk-e Operational Requirements: The permittee shall comply with the oil and gas operational requirements contmied in the Final Caracas Prairie Preser-4�e C'onsenation Bank Habitat Management Plan at httgs:+r'ww�, calliercormt��l.�o�^home sho��docrmrent?id= 367 . Additionally-: the permittee shall comply with the following site operation requirements provided b, Conservation Collier: a_ Prior to commencement of drilling and related wellbore acti;.2ties, the permittee shall perform the necessary repairs to the contaimaent berm surrounding the well site including_ but not limited to reinforcement of the height and width of the berm to priously permitted standards and mowing existing vegetation atop the berm. b. The permittee shall construct secondary- containment berms around existing water supply wells located within the main containwent berms. c_ Prior to drilling activities: the permittee shall remove and properly dispose of any remaining an -site debris related to pre zous oil acti-6lt}_ d_ The permittee shall maintain a tidy work site for the duration of the exploratory drilling activities in consideration of the public users of the preserve. e_ All vehicles and equipment required for oil and gas actiiity will remain within the footprint of the well -site access road and well pad at all times. f. No vehicles, equipment, or debris may be stored or traverse the designated preserve area without prior approval from Collier County. (Final CCP Conservation Management Plam; Conservation Collier letter dated October 24, 2018; Applicant RAI Response dated November 9, 2018; Consen-ation Collier letter dated April 5, 2019; Applicant reply received April S, 2019; Application; Rule 62C-29.009, F.A_C.] 111,41Mll kVAV 130RaUR l?. Milling Procedures: The permittee shall adbere to the -Urill.ing Procedure" (Application Attachment 11), including a closed -loop mud system-Mthout a resen a pir. Additionally: a_ The permittee shall not use earthen mud pils to contain active drilling fluids. The permittee shall install mud tanks to contain all action drilling fluids at the mu -face prior to spudding the well. [Rule 62C-27.001(4), FAC_] b. Once commenced, drill operatrams shall not be ms nded except rn emergency situations ermted. by hurricanes, flooding, fire, etc. Drilling shall resume as soon as passible. All wells under conshuction on which drilling activities have been suspended in non -emergency situatioms shall be considered abandoned and shall be phued in accordance with Rule 52C-29.009,F.A-C. [Application; Rules 62C-27.001(2j and (4){b): and 62C-i'9.009: F.A.C.] TrendEaploaaaou 1_LC Sunniland Farmatton - Explaratorg Well Page 6 Df')3 Drill=- Permit No_ 133 5D CGUi2r Resources V . A '_' 5-1 101 FOAL. PERMIT c- The perm,ittee shall maintain sufficient quantities of mud and mud additives readily accessible for use to ensure well control- The testing procedures, characteristics and use of do IN fluid and the conduct of related drilling procedures shall be such as are neces sari' to prevent blowouts. Necessary mud testing equipment and mud volume measuring dices shall be maintained at all times. and mud tests shall be performed at a frequency to ensure appropriate well control and recorded in the driller's log- [Rule 62C=27-047(1), FAX] d. The pernuttee shall not perform operations on this well at a pressure: duration- and plume in order to propagate fractures in the ail producing formation without pro-iding written notice to the Department. and receiving prior approval from the Department: for a specific plan for such operations. [Sections 377.22 and 377.371, F.S.] A Drilling Fluid Urinagerment: The permiltee shall adhere to the --Drilling Fluids Program': (Application Attachment 12)- Additionally: r+gui-ements a- and b-: below}, apply at all times unless drillingin lost circulation zones. a- Before starting out of hole with drill pipe, the drilling fluid shall be circulated with drill pipe just off bottom until the drilling fluid is properly conditioned to ensure a safe trip. When coming out of the hone with drill pipe- the annulus shall be filled with drilling fluid before the drilling fluid level drops below 100 feet, and a mechanical deAce for measuring the amount of drilling fluid required to fill the hole shall be utilized. [Rule 62C-27-007(2), F-A-C'.] b. The kolumae of drilling fluid required to fill the hole shall be monitored, and any time there is an indication of swabbing: or an influx of formation fluids, the necessary safety- device(s) shall be installed on the drill pipe: the drill pipe shall be run to bottom and the drilling fluud properly conditioned- The drilling fluid shall not be circulated and conditioned except on or near bottomr, unless well conditions prevent running the pipe to bottom - [Rule 62C-27-007(2). F.A-C.] [Application; Rule 62C�27-007, F-A.C.: Section 377.22(2), F-S_] 19. Dtfllinc Fluid Testing and 14fanitating: a- Drilling fluid testing equipment shall be maintained on the drilling location at all times, and dnllmg fluid tests shall be performed daily, or mare frequently as conditions warrant to ensure appropriate well cont ml_ [Rule 62C-27.007(3), FA.C.] b- The following drilling fluid system monitoring equipment with derrick floor indicators, shall be installed and used thmaghou t the period of drilling after setting and cementing Surface casing- if weighted dnUmg fluid is required: i Fluid lei el and mud flow indicators with charts and almm3: L A drilling fluid volume measuring dekzce for accurately detern,ining volumes required to fill the hole on trips; and di A drilling thud return indicator to determine that returns essentially equal the pump discharge rate. [Rules 62C-27.007(4). F.A.C.] Trend Exploration LLC {S➢nniLmd F4fmatcon - Explazatory Well Page 7 of _3 Ihillune Pemut No. 1335D C'a11er Resources W. 25-1 102 FNAL PERMIT CASDG IND CEMEINMG 20. General Casing Practices: The well shall be cased and cemened so as to maintain well control and prevent demdation of other nattmal resouces, mcluding water and petroleum. -Al casing shall be new pipe or reconditioned so as to be egw.alenito new pipe- After cementing, drilling shall be discantimued for 12 hours if float valves are used 24 houu3 if such valves are not used or do not hold pressure_ [Rule 62C-27.005, FAC_] 21. Specific Casing Practices: Refer to the "Collier Resoiuces Well 25-1, Wellbare Schematic'-. attached and incorporated as Exhibit 5 to this permit. The Fwisan conductor, surface casing and inkiniediaae casing shall be retained anal, if the well is producInT, 7-mchprodtction casing Shall be installed and cemented in accanhmiewithJhe -dement Progam:' (ApplicationAtta,chment 14). [Application; Rule 52C-27.005, FA-C.] 22. Casino Pressure Tests: The existing inoumediate casing string and the new pro&mtion casing string shall be presaffe tested as specified below prior to well completion or drilling out after omtenting. These testa shall not exceed the working presstae of the casing. Casing Stringer -MLinn urn Surface Pressure (whiche,.Tr is greater) Intermediate Casing 1000 psi Production 1500 psi or0.2 psilft. of depth Tubing and Packer 1000 psi or 0.2 p sir ft. of depth Casing pressure tests shall be thirlymmittes long and shall haw no more than a 10 percent pres3ure drop. Efthere is an indication of a leak_ necessary- remedial meaames will be taken_ and the casing retested.All pressure tests shallberecordedinthe driller'3log_ [Rule 62C-27.005(4) and (5), FA-C.] MILL CONTROL 23. W-ell Conn-ol Program: The permittee shall adhere to the well control measrues contained in the ' Dnlling Procedlue' (Application Atta donent 11) and the MFell Control Program (application Attachment 15). Additionally. a. The permittee shalltake all necessaryprecantioms to keep the i}ell under control at all times, shall utilise only contractors or employees trained and competent to drill and operate such vyells, and shall use only oil field equipment and practices generally used in the iudustry. [Rule 62C-27.01(5), FA.C.] b. The permittee shall irs ll blowout pre�wentian (BOP) equTnaent including the components depicted in Exhibit 6 or equisralent c. The pe=ttee shall presoze-test the BOP and related well --control equipment at the follmving inter-als and as described below i When instilled, L Before drilLing out after each string of casing iswt; A Not less than once each week whiledd w Following repairs that regmre diw Dnnec=g a pressure seal in the as3embl} ; and v. At such other times as prescribed bythe Deparhment. [Rule 62C-27.006(2), F_A_C.] Trend Exploration LL.0 Sunnihmd Formation - Eaglarataay Well Page S of 23 IhiEme Permit No_ 1335D Cal�er Renum-ces Ol-ei3'_5-1 103 FEq Ai. PERMIT d- Ram -type BOPS shall be tested to the working pressure of the stack assembIv or the c minghead, whiche�erisless. Bag-iypeblowout pre4entersshall betested up to 70 percent of the ram--�Te blowout pre ewer best pressure. [Rule 62C-27.006(3): F.A.C.] e_ A bag -type BOP shall be actuated on the drill pipe or drill collars viTekly. Accumulators and pumps shall maintain a pressure capacityreser,ie at all times to pnnide forrepeated operation of hydraulic preventers. A BOP drill Shall be conducted week13- far each drilling cre,.% to enmre that all equipment is operational and that crews are properly trained to carry out emervPn y duties. All BOP tests and crew drills shall be recorded in the do ler'sV log. [Rule 62C-27.006(4), F_A.C.] f A required weeldy BOP test while drilling niay be deferred up to one weel: to avoid unnecessary tripping of the drill string or conditions that would endanger the hone. BOP tests shall be recorded on the driller's log. [Rule 62C-27.006(2), (3) and (4): FA_C-] H1-DROGEN SLrl.FIDE (HiS) Z-L FLaring Operations: The permittee shall in=] the flare sistem before the well reaches 10,000 feet. The pernuittee shall also: a. Secure all lines by staling down or chaining to a fixed object-, b. Install a flare head of sufficient denim on the end of the line such that it will remain lit v.-Ue exposed to high-pressure gas; V c_ Use propane as the source gas for the flare; d- Ignite (and reignite as necessary) the flare once drilling operations resume belcnv suriace casing landing point; e. Mainuin a #fare pistol on site for badaT ignition; and f. Fron-ide notice to the local Fire Department prior to first i2;iition of flare. [Rule 62C-27.001, F_A_C-] ?S. H 2 S Safet}- and. Contingency Plans: The germittee shall implemenf the "112S Contingency. Plan': (Application Attachment 16)_ AddutionaRy: a_ The permattee shall bring a safety contractor to the site to contmuously monitor the woti: area for H} S, -tartmg when the well reaches a depth of 9.000 iF b. The H2 S contingency plan shall go iffia effect when the well reaches a depth of 10.000 ff (14'D) c. In the event of an H,S release, the germittee shall: i Dispatch sufficient personnel to mamediately imam residents within the calculated radius of exposure: a- Place required green, yellow, or red flags at the well site access road entrance_ and along Corkscrew Road 950 approximately % miles north and aho % mule: ivest of the well site access road entrance; Trend EXPEarati B LLC Suuniland Formation - E.xpl4rmon' Well Page 4 of23 Drilling Permit No_ 1335D C411i2r Resources W-EN 25-1 104 FINAL. PERMIT in Lmnk-diately notify, proper atrthonties, including the Collier Count- Sheriffs Office and North Collier Fire Control and Re3cue District, Conservation Collier_ Calhier County Pollution Control Section and any other applicable public officials and will enlist their assistance in warming people performing recreational activities within the calculated radius of exposu e; iv. Notify the operators (King Ranch afl"iUates) of the nearby- agricultural operations. immediately west of the site so they may warn their emplo7ees-wc; €er in the immediate area; v. Notify the FWC representative far the Corkscrew Regional Ecosystem Water3hed (CREW') Wddhfe and En=nmental Area (L EA) at I thlee-Snuthia MyBVC.com, vL Notify, the South Florida Water -Management District representative for CREW VL'EA at JBozzwdr f vEad. --o, = and va Dispatcb sufficient persommel to divert traffic from Corkscrew Road and facility access road and to monitor essential and non -essential traffic to the well site - [Application; Conservation Collier letter dated October 24. 2018; Collier Count} commaem dated October 11, 2019; Applicant RAI Response dated November 9, 2019; Rule 52C-27.001(7): FA-C.] BELL CON PLETION 26. Well Testing: a. All drill stem tests (i.e. tests of the well with the drill string still in the hale) shall be conducted in accordance with generally accepted uAistr-y standards and practices and shall be condncted only during da}&ght hours_ Prefabricated ranks Shall be used to contain all produced fluids and a gas flare s%5tem with automatic ignition and Scrubbers shall be used to safely flare gas and pre enr %Ali. [Rule 62C-27.001{6},FA.C.] b. If there is no oil show or if alter testing the well is not commercially %table, the permittee shall promptly- plug and abandon (F&A) the well remo-,e equipment and clean the location: and restore the location per state rules and as agreed with surface a,.imer. [Appheatiom; Rule b2C-29.009_ F.A_C.] c_ All.Liquids produced from testing, including limited mounts of crude oil, shall be handled and disposed as follows: i Spent near-welibore cleanup fluids consisting of neutralized acid and formation water shall be stored in a sufficiently sized tanker and hauledby a comtractorta a permitted disposal well. a Crude oil shall be collected in a separatiam< tankkvessel and hauled by contractor to an approved hand* f icildy. n Associated natural gas shall be separated and flared on -site: and m_ Formation water shall be separated fr-om crude oil and gas and hauled by contractor to a permitted disposal well_ [Application; Section 377.371, F.S., Pollution Prohibited] Trend Exploration LL.0 Sumiland Formation - Exp wat y Well Page 10 of 23 D rillmg Permit No. 133 5D CGUiBr RPsrnrrces VL'A 25-1 105 FLVAL PERMIT Vi'ELL OPEK--TIO)ti I. Ope ad][k, Permit: a_ Before using the well for its intended propose (produce oil, dispose of saltwater, inj ect fluids for pressure maintenance, hold for future use, etc_), the permittee shall fu-.t obtain a permit to operate that well. [Application; Rule 62C-26.009, F.A.C.] b. Prior to submitting the operating permit application,, the permittee shall review_ consult with_ and incorporate into the operating permit application, the requirements of the Collier C'ountylConservation Collier Program consistent with the Final Caracara Prairie Preserve Conservation Bank Habitat Management Plan ( PP Plan) and the C'onsen�ation Collier recommendations applicable to fAure production)_ [CPP Plan; Conservation Collier letter dated October 24, 2018; Applicant RAI Response dated No;.Tmbea 9, 20181 POLLL TION PREVENTION 2& Spill Prevention and Cleanup; The pmmittee shall ensure that the rig ope-ator adheres to the Spill Prevention Control and Countermeasure Plan (Plan) for PollistPr Drilling Rig ##3 (Applicant RAI submittal of Jamrary 29: 2019) while on the project site_ Additionally a_ In the e,.mt of a leak or spill the pernaittee shall take immediate corrective action to rapidly bring any Will under control and to clean up the site without delay- b. Spills or leakage of ail, gas, other petroleum products, or waste material. of any quantity that cannot be immediately controlled, shall be reported immediately to the Department's Oil and Gas Field Office at 239-344-5611 or 239-344-5721 and followed up promptly by electronic mail_ Such spills or leakage shall also be immediately reported to the State Watch Office at 1-800-320-0519, as applicable. [Section 377.371(2), F.S.] c_ The permittee shall promptly notify the C'PP Preserve Manager and the Collier County Pollution Control Section of any spilL site contamination or emergency event. [Conservation Collier letter dated October 24, 2018; Collier County comments dated October 11. 2019-1 Applicant RAI Response dated November 9, 2018] d_ Spills or leakage of oil, gas, other petroleum products, or waste material, that can be inm edialely controlled shall be reported as soon as practicable and within 24 hours of discoven, to the Department's Oil and Gras Field Office at 239-344-5611 or 239-344-5721 and followed up promptly by electronic mail. [Section 377.371(2), F-S-] e_ In addition to the reporting required by paragraphs a., b. and c_, the permittee shall immediately confirm in writing to the Department all spills of crude petroleum or a3sociated fluids greater than five (5) barrels. [Rule 62C-28.005(1)_ FA.C_l f. The permittee shall clean the sits of any oil or other contamrinants spilled in conjunction with the drilling_ production and transportation acti�vbes_ Any unauthorized release of produced fluids containing a pollutant or hazardous substance shall be addressed m accordance with Rules 62-790.500, FA_C_, and 62-780.550 or Rule 62-780.560: F.A.C., as applicable. A qualified person shall obtain soil or water samples in accordance with Chapter 62-160_ Flea] C'armara Prairie PresuvL- 0-0m wvsdoa BmA Habitat Mmmgement Play —, —Ili.n R or !Finn'n.chnnAr.r, r- Trend Erglora&n LLC aillme Permit N-D_ 1335D Surniland Formation - Exploratory Well Calder R2su=es W-A 25-1 Page 11 of 23 MR FDTAL. PERMIT FA.C-, as applicable, and shall comply with the reporting requirements of Rule 62- 780-300(2), FA.C- [Rule 62C-30.005(2Xc)5, FA-C.] [Section 377-371, F.S-- Pollution Prohibited] 29. Waste Disposal Best lfanagement Practices (RAJP): The pernuttee shall implement the follo;ving 3NT for disposition or disposal of materials and -waster, fi-oma drillin& testing- and other on -site ach%gties: a. Drilling cuttings and muds, including drilling addili es, shall be stored in lined roll container and hauled to an approved disposalfauhty. b. Alternalively- drilling cuttings can be beneficially reused following an applicant request and Department approval that ensures fat the hydrocarbon content, moisture content, salinity. and clay content of the cuttings are suitable for the intended use of the material- s. D llmg water- including drilling additives shall be stored in closed -loop rankers and hauled to a pemn ted disposal well or certified disposal facility- d- Saltwater generated from near wellbore acid dea®rp shall be stored in tankers and hauled to a permitted disposal well- e. Formation water shall be separated from oil and gas in a separation vessel and then hauled to a permitted disposalwell- f. Natural gas (associated with crude oil) shall be Separated from crude oil and fcrm,3tion hater m a separition vessel and then flared on -site. g. Crude oil shall be separated fi-oma gas and formation water in a separation vessel and then hauled for final sale or disposition. h- Drilling materials (chemicals, additives) shall be kept in anginal oontainers unless thef are not resealable. i. Original labels and material sakety data shall be retained. j. If surplus materials must be disposed of ru nufacttuer.' or local and state -recommended methods far proper disposal shall be followed. k. Offer solid waste (trash) shall be stared in diunpsters and then hauled to an approved solid waste landfill facility. Food wastes shall be secured inbear-resistant enclosures. 1. Wastewater from housing trailers shall be stared in tanks and then hauled to an approved disposal facility. m- Temporary sanitary facilities (portable toilets) shall be pumped out and the contents shall be hauled to an approved disposal fa dlh-. 30. Plugging and Abandonment: Operators must obtain Department approval prior to commencing phuing operations. [Rule 62C-29.009, F.A.C] LIVINI]NI1II 31. Federal Wildlife Consultation Required: The perniittee shall consult with the U.S. Fish and Wildlife Sersnice (JSF9 -S) regarding impacts to all federally -listed endangered (FE) species that may be found on the CPP. The permittee shall consult with the (USFW- S) regarding impacts to all federally -listed threatened (rl) species that may. be found on the CPP- [Consen-ahan Collier letter dated October 24, 2015; Applicant RA1 Response dated Nowniber 9, 2019] TnmdExploratioo LL.0 Ihillme Permit Na- 1335D Sunnihmd Formaticn - Explwatvey ell Collier Resources €Fell 25-1 Page 12 of 23 107 FINAL PERMU (F'F species that may be fomnd on the CCP include the Florida panther, Everglade's mail Kite and Florida Bonneted But. FT species mclvde the 0wied C'aracara, .American .Alligator, Eastem Indigo Snake and TVwd Stork (FT)) 32. Drilling Prohibited during C�ararara Nesting: Drilling during the period November 1, 2019, through May 1, 2020, is prohibited - [Conservation Collier letter dated October 24, 2018 (FT Crested C'aracara nesting season); Applicant ]EiAAI Response dated November 9, 2019; C-onsenration Collier letter dated April i, 2019; Applicant reply received April S, 20191 M. hEnimu n Distance to Sandhi Crane Nests: All mobilixatioa, cousb ctionand drilling activities shall avoid aatme Sandhill Cane nests by a minimum of 400 fti If active 5andhill Crane nests are present within 400 ft of any project related activities, the permittne shall contact the CCP Manager and the FLU-C at Angela.O-dhamas"izM -FOUC.00m to discuss permitting r5q iremenn. [FOLIC lettff dated April 4, 20191 34, State Wildlife Consultation Required: The permittne shall consult with the Florida Fish and Wildlife Conservation Commis-sicn (FOUL} regarding impacts to all state -listed threatened {ST) species and species of special concern (SSC) that may be found on the CPP. [Conservation Collies letter dated October 24, 2018; Applicant RAI Re3ponse dated November 9, 2019] (ST species that max° be fowid on the CCP inrMe Big Cypress Fox Squirrel, Gopher Tortoise, Crested Caracara, Florida Bun -owing Owl, Florida Sandhill Crane, Little Blue Heron, Roseate Spoonbill: ,Southeastern American Kestml and Tricolored Heron. ,CSC species include the Osprex.} 35. SandbiIl Crane Nesting Season Survey-. The permtttee shall conduct Sandhill Crane nesting surveys during the nesting season which typically occurs between December and August_ Information on nesting sungeys and permit guidance can be found in the Florida Sandhill Crane Species Conservation Measures and Permitting Guidelines-' [FLU-C letter dated April 4, 2019] 3& Notification of Swyess Required: The permittee shall natify the CPP Manager prior to any scheduled wildlife surveys taping place within the preserve and shall proinde a copy of the siliedule, mefods, data, and final reports. [Conservation Collier letter dated April 5, 2019; Applicant reply received April S, 20191 37. Big Cypress Fcm Squirrel (BC:FS): Prior to removing trees or otherwise mcdLR-ing potential BUS nesting habitat, the permittee shall conduct a survey and implement the procedures contained in the BCFS Species and Conservation Measures and Permitting Guadelines.3 [FW.0 letter dated April 4- 2019] 3& Species Identification: The permittne is responsible for ensuing that its employes: workers_ contractors and coasulrants are familiar with the listed species characteristics_ Lists, charts - identifying images, essential behaviors breeding seasons and wildlife movements) and conservation measures are available frame FOLIC or Conservation Collier. [Collier letter dated October 24, 2019; Applicant RAI Response dated November 9, 2018] � tLt�s1�'ID�gfu{.{Om��nai�11565ffIDa1-f]ori,daiv�dLill{rsne-sPecies�wdeYmRS-2016.Udf x Wtns:�mviw�.00mti�edia'11559f6iacvoressfmr-.emi„-ol�uidelines-?al$.odf TremdFapJwatiao LL.0 DrMme Permit No_ 1335D Summiland Formation - Exploratwy Well Collier R.esu=es Wet125-1 Page 13 of 23 1: FLNAL PERMIT . Duty to Report Species Iuupam: The pemoittee shall adh2se its emplo5rees, workers, contractors_ and emplo3ws of their duh- to report within 24 hours impacts, such as injure or mortality- to, or destruction of the habitat of listed species an or adjacent to the access road or pad to the fallowing: a. The OC:P Manager; b. The F WC at 850-921-5990 and Kat]ileen-Smith2tjjyF and wildhfePermits yF -C_com ; AND c. The Corliscrew Regional Ecosystem Watershed (CRE46') Wildlife and Environmental Area (WEA) at IBozzoia!sftivmd.tpLi _ 40. Practices to Limit Impacts: The pemittee shall comply with the fD]lM-%ing practices to limit impacts of dnllimg activities ities to wildlife and public users of the preserve, including but not limited to: a. Posted Speed Limit: The permittee, including employees, workers, contractors and consultas shall observe a speed limit of 15 miles per hour (mph) along the access road. The permittee shall consult with the C."PP Manger to determine when and where the -peed limit postings will be placed. b. Fx raise of Caution: the permittee, including employees, worker;, contractors and consultas shall drive with caution throughout the access road and drilling pad to avoid injury ar mortality to wildlife. c. Noise Control: Noise that has the potential to disturb wildlife, livestock, and surface owners or neighbors should be controlled to reduce sound levels_ Suitable mufflers should be installed on all internal combustion engines and certain compressor components. d- Night-time Lighting- Lighting for night time operations should be optimized to improve visibility- far grounds crew while reducing sky -glow and unnecessary light pollution. Flood lights should be aimed down to illuminate the work area rather than the horizon or should be fitted with manuLfacturer shields. LEDs should be limited to 3.000 Kelvin. 0['hen possible and safe to do so, use of site Lighting should be restricted to limit impacts to wildlife. [Conservation Collier letter dated October 24, 2018; Applicant RAI Response dated November 9, 2018; Conservation Collier letter dated April 5, 2019; Applicant reply received April 8, 20191 SITE. RESTORATION 41_ If the well is drilled. but not completed, or not determined to be commercially productive, or is plugged and abandoned (P&A'd), the permittee shall: a. Remo m all equipment and storage tanks from the CPP_ including, but not limited to, the 18,000-gallon storage tank, cellars, catwalk material, and any. residual fluids_ andrig se'uring infrastructure from previous drilling operations within 30 days of ceasing of exploratory activities: b_ Retain one existing water well for use by Collier County for land man arenient actikzties and monitoring: c_ At the discretion of Collier County, degrade all containment berms, eanuing that the ail pad is returned to the same grade as the surrounding presen a area; TnmdEaplaratioo L,LC Sunmknd Formation - Explaratcaa, Well Page 14 of23 Di-LU ne Permit No. 1335D CGIber Resrnmces WaH 25-1 FINAL PERMIT d- At the discretion of Collier County- remove the oil gad access road and reduce the road footprint to the grade of the surrounding preserve area and shall seed or sod the footprint with appropriate native vegetation: e. Promptly apply for and pursue approval of any necessary state or federal permits required for restoration activides; f- Promptly consult with the USFWS and the FW-C and promptly conduct any required wildlife surveys for listed species that maybe impacted dung restoration activities; and g. Complete site restoration within one year after determining that the well is not commercial. [Conservation Collier letter dated April 5, 2019; Applicant reply received April 8, 20191 42. Historical Resouvm: If prehistoric or historic artifacts, such as potter- or ceramics, projectile points, dugout canoes, metal implements, historic buulding materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the %2cinity of the disco,.,ery_ The applicant shall contact the Florida Department of State: Division of Historical Resources- Compliance Relzew Section at (850)-245-6333- Project actil2ties shall not resume without verbal and -or ;witten authorization. In the ei�ent that unmarked human remains are encountered during pernoirted activities. all work shall stop immediately, and the proper authorities notified in accordance with Section 972-05, Florida Stawtes. [Letter October 4, 201 S, Department of State: Historical Sen2ces; Section 872-0% F-S_] This permit constitutes an order of the Department. And- party to this order has the right to seek judicial review of the order under Section 120.6 S. F. S., by the filing of a notice of appeal under Florida Appellate Rules of Procedure Rules 9-110 and 9.190 with the Clerk of the Department in the Office of General Counsel. 3900 Commonwealth Boulevard, Mail Station 35: Tallahassee, Florida 32399 3000. and by filing a coPy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the order is filed with the Clerk of the Department. The files associated ,.pith this order are w ilable for public inspection during normal business hours, 8:00 am. to 5.00 p.m-, Monday through Friday, except legal holidays at the Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. and online at httos: r"deyedms.dey.state-fl.usJOcsrlas+seniet+lo n - (Public Users may use the Public Omha Login and searchunder GE & Gas, Property: and Facilit3�Site ID forDG 1335) Executed on June 21, 2019, in Tallahassee, Florida. TnmdEx0onhcn LLC Sun iland Formation - ExFlararory Well STATE. OF FLORIDA DEPARTMENT OF 12'NTIRONMENTAL PROTECTION 4 Cindy Mulkey, Program Administrator Oil & Gas Program Page 15 of 23 Drillme Permit No. 1335D Collier Res=ves Wye_ 25-1 110 FLNAI. PERMIr Attachments: Exhibit 1. Application for permit to Drill (Form 3) Exhibit 2. Collier Resources Well 25-1— Location Plat Exhibit 3. Collier Resources Well 25-1 — Pad_ Rig and Equipment Layout Exhibit 4. Caracara Prairie Preserve (CCP) Access Road Exhibit 5. Collier Resources Well 25-1 - Well Bore Schematic Exhibit 6. Pollister Rig fain Blowout Preventer Trend Explora&o LL.0 Sunniland Formation - Exploratory Well Page 16 of3 DH11ine Permit No_ 1335D Collier R.esumves Welt 25-1 III FLVAL PERMIT The undersigned duly designated deputy clerk hereby certifies that this final order was mailed electronically before the close of business an June 21, 2019, to Mike Cheeumnxm Registered Agent and Owner, Trend Exploration LLC at mccheesen3an996ra7�ait-coma . This notice was also mailed electronically, on the same date, to the following persons: Summer Aragoe, Coordinator, Conservation Collier: S„ r�,,r-risque?oalliercount}I.gv Molly Ekn-all, Manager, Caracan Preserve- Molk} -Duval1 oUiercoun�. gov Danette Sinaszczuk, Collier County Pollution Gmtrol: DauetteKinaszczuk.' coiliercountyfl.M Karin Smith, PG, South Florida Water -Management Dishict= karuxthra7sfWnad.gov Nicole Johnson, Director, Eniirommentsl Policy, Conservancy SW Florida: nicolej[ conser mcy.org Jon Iglehart, Director, DEP South District Office: Jon.Ipleharl & .state.fl.us Megan Mills, Program Administrator, DEP South District: Mew Millsra ft-state.fl-ns Nick Rod Office of Emergency Response, DES'- Nick.Roff dep.state-fl.us Jennifer Cx a Florida Fish and Wildlife Conservation Commission Jennifea.Goffra7MyFWC.com Fish & Wildlife amser%atian Commission: FV4TCComsenationPlannin ServicesyFLC-camr Ed Pollis6er, President, Pollister Drilling Corp-: ed; ollBftffdrilling.conr FILED, on this date, pursuant to Section 120.52(7>, F.S., with the designated Deputy Department Cleik, receipt of which is hereby acknowledged - .a, June 21, 20 19 Deputy CleA Date TnmdE-xploration LL.0 Drilling Permit No- 1335D Sunnihind Formation - ExFlarsu r• Well Calker Re5umves Well '5-1 Page 17 of 23 112 E Mblt 1• Applicatiou fu Permit to Drill ,Fortis �• App11c.in•:•n -- tm hmear 1) ..... .. _ • . _. alb LLrr Femn 1 Florida Fur. me APP CAr MFOM PrMMIRTO DOWL OLFpartmant of &VIronmantmiProtorkkn LSlyfhf.y.a +ar?2,701r �........ koupaal67 Iq fdefcrenre m. 5rdlon 62G M VWA)Mp, F AC. 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F2 O1 ; n4a , PW Paar Ji by uuJL VJJAflvT rld SKa�wrLff AND W al?Xhr WSEO NAL Pr A rLA' AR LREALS£D ;WL EFW ANA AARR[R. 12fJ3llB IS IP ¢ - I A r2r]4J M R ALL MrOME AYB JYSr4A2S 4W Atrt r 4r10 At Ai A LALESS 07r'G'6m 940 r o n+rs nmWy Js rxrtemztp 0 Ir V 6sM AS a'A oj. J1of Scat r Ww C rLJ1l2+ fr*TIFII LTZ [F aJITKIZI?n TIM Ll rf. I Trend Er3:oaatioo LLC 5uanilana FGTmation - Eaplala my Well Page 19 of 23 Dhfing Pel& Mo. 1335D Collier REsauces Well 25-1 114 �i Exhibit 3. Col l-i lRer-ALLCe-- W[1 -'4 A --'-I -id. Fdz alid Eill'JAIII-U I Ln, :-ur Z,4 F — — — I — — — — — — — T — — — I aura L -4u - - - - - - - - - wga.aN[,LS I HL r It. 300 feet - - :. --- r - ; - - - - - - - - - - - - - - - - - - - - - - - - - .Vrl �- - L-------------------- Tnmd B*oratmn LLC Summland Formation - Exploratory Well Page 2C of 23 Duffing Pmad Ma. 1335D ColbarRssum-cm Well 25-1 115 EEmhibit 4. Cara Prairie Preserve (CiCP) Acress Road (Conservation Caller IWUiN14) TrendF-xplora&n LL.0 Sunu land Fwmation - Explorator� Well Page 21 of23 Diillme Permit No- 1335D cctLer Resv=es WeU 25-1 116 Exhibit t, Collier Resources 25-1-We0 Bore Schematic (Auulicarion SummaryRev out. F vc rm R -1335D —Oolicr kmm rcr-Oup' -25-11 PFGPaG ed'tticknff7 T [&i5tingI'C�ndxtorCa in:ldria nI"NF''@.24'TI •,� V�U+•� IS►�{fdlni�.yer�j7 [Ekl9l irCK-rlipe{• r5lfV-1 #-#{R"•O -1981' l [amarrmtlrta5u r7ara; - - _2 i.'#"'hdai [a�Idcw'�ner47151�!'7 � [E nstlrg} InTarnxd 6" bs1n8..s 5f -.r dOG2.j Camanmtlta3�3[Y•[fomparsturwlagl¶ i I e 1 [ Poapexd]P radLttim'{asn�^,7r'�'L2 L99'w Cen�e n['wh h'i #0•sa[k5#eatl{#&4saOs��i1 Te51'Uplxf6u pn �afrtl +'6'.f{",'R1f �'a0r1e31 [AmpamdtCernelrt•Plu� } r ei k LiSin viand FF d1r=liaraf!��prshin� Pu. -n r, ap.1.p .-F A nh/d rlral'h Trend E-m:oratioo L,LC Sunmila-ua Formation - Esplara my WeU r I I l I r IS[IofF•PorN•L'4�01'7 r �r+ 1dcbFlwlr� Fr r 4- rF 2 J-YrrKrin"ool 270.ZG'-aimrt4#O tothe�e*l 7u D' 13,43#Q11 Well. wil. probe. the. Purta-Gorda.Anhyddte- andirnrnediatrlr ek la^'14Mfeet•MDlo- amfirm- exeterm_' af' 3ftmrer pos61T. rely er1'[V reel'sgNawre- Wlened -To. E!Asi'yl' 5urinlLBrIOFOrrllWiOn-aMW-(N-8nPy4rjLe.j hoof-.0-ilaLin Page 22 of23 DrillirLgPermitNo- 1335D Collier FESwrces W'EU 2 5- 1 117 Exhibit6. Fc4listerRig '_UninBloxroufPrerenter{from wAcationAttachnient1 Annular B Q P L%& $.000 W a ---* Q 0 P Bwitl Rfrns 13 M 10.0w W P (PlpeOmd) Valve 21116 10 Cm_ 4VY P valve 2100 1Dm %V P � aaue 2 1116 10= VV P Kitt Lkrw MiRdOId � Spool 13 5+B 7f 13 5rs 10 UEKT N P hilo'4\YA'FTOMYMl *W ' :17 M-i ! TrmdEzplora6vn L,LC Exploratory Well Page 23 of 23 B4O.P. 0 Manual Hydrau tic Sour Trim 6 0 P Eke RaM5 Uw IOAW W P j (Pvef91rntl) Valve 4 1 j � ±_ W. P. Valve # 1016 1d_000 w P i N rnlfoftl Ll-,:-� U n e 4 . 10.D00 VV P - Vvellhew 16.000 1+:' P Drilling Peim No_ 1335D Collier Resoisces Well 25-1 118 Appendix F. July 2020 Notice of Extension of Drilling Permit No. 1335D FLORIDA DEPARTMENT OF Ron Gone of Environmental Protection Jeanette Wez x Lt Goµemar Bob Martinez Center fbah Valenstein 2600 Blair Stone Road Secretary Tallahassee_ FL 32399-2400 July 8, 2020 Electronic Mail — Return Receipt Requested mccheeseman980Rmai l .com Mike Chees,eman. Caner and Geologist Tread Exploration LLC 3879 Wildview CT. North Fort Myers, FL. RE: Extension ofDEP Dnlli=L,-- Permit No. 1335D Collier Resources 25-1 Dear Mr. C.'heesemau= On June 21. 2019, the Department issued Permit 1335D to Trend Exploration LLC (Trend) to drill Collier Resources Well 25-1 from a pre-�7ously permitted surface hale location within the Caracara Prairie Preserve_ Collier County to a new bottom hole location m Lee County_ The petunt expiration date is June 20. 2020. Penraitted acti-�7ties have not began. On June 10, 2020, the Department received a request and the fee of $1.0-O0 from Trend to extend the permit for an additional year in accordance with Rule 62C-26_0-03(2): F.A.C. No other changes were requested by Trend_ The Department hereby extends DEP Drilling Permit No_ 1335D from June 20, 2020 until June 20, 2021 and the date provided in Condition 13 from August 15, 2019 until August 15, 2020. This letter shall be attached to the original peanut and any other modificabans thereto. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (heanng) under Sections 120.569 and 120.5T F_S_ The petition must contain the following information required by Rules 28-106.201 and 28-106.301. F.A_C_= (a) The name and address of each agency affected and each agency's file or identification number, if known-, (b) The name, address_ any email address, any facsimile number, and telephone number of the petitioner; the name, address, email address, and telephone number of the Petitioners representative_ if any_ which shall be the address for service purposes during the course of the proceeding; (c) An explanation of hone the petitioners substantial interests are or will be affected by the agency determ inati= (d) A statemenr of when and how the petitioner recerved notice of the agency decision_ (e) A statement of all disputed issues of material fact; or, if there afe none_ the petition roust so indicate: Trend Exploration LLC Exren:ion of Drilling Permit TVo_ 1335D West of Corkscrew C oll.ier Pesources Well 25-1 119 Mike Cheeseman- Ot;her and Geologist July S. 2020 V Page 2 (f) A concise statement of the itltu mte facts alleged_ including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action: (g) A statement of the specific rules or statutes that the petitioner contends require re%,,ersal or modification of the agency-s proposed action_ including an explanation of how any alleged facts relate to the specific rules or stanites; and (h) A statement of the relief sought by the petitioner- stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. Petitions must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard- 3f9i1 Station 35, Tallahassee,. Florida 32399-3000 or at agency cleiWft.uate.fl.m . Also- a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. In accordance with Rule 62-110.106(3)- F.A.C:.. petitions for an administrative hearing by the applicant and persons who hay a asked thLe Department in writing to receive notice of this action must be filed within 21 days a€receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60{3), F.S.- must be filed within 21 days of publication of the notice or within 21 days of receipt of the nailten notice- whichE-,-ff occurs first. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57- F.S-_ or to intervene in this proceeding and participate as a pasty to it. Any subsequent intervention (in a proceeding initiated by another patty) .gill be only at the discretion of the presiding officer upon the filing of a motion in ccnpliance with Rule 28-106.205- F.A.C- Under Rule 62-11D.106(4)- F-A.C._ a person whose substantial intefests are affected by the Departments action may also request an extension oftinie to file a petition for an administrative hearing. Th,e Department may- for good cause shown- grant the request for an extension of time - Requests for extension of time must be filed with the Office of General Counsel of theDepattment at 3900 Commonwealth Boule-�wd, Mail Station 35- Tallahassee, Florida 32399-3000- before the applicable deadline far filing a petition far an administrative heading- A timely request for extension of time shall toll the Bumming of the time period for filing a petition until the ferliuest is acted upon. Under Sections 120.569(2)(c) and (d)_ F-S., a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. Mediation is not available in this proceeding. This permit extension constitutes an order of the Department. Any party to this order has the right to seek judicial review of the action undef Section 120.68_ F.S-- by the filing of notice of appeal iuider Florida Appellate Rules of Procedure Rules 9-110 and 9.190 with the Clerk of the Department in the Office of General Counsel at 3900 Commonwealth Bouln-ard, NIS 35- Tallahnssee. FL. 32399-3000 or at azencv clerk: dey.state.fl_us. and filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district cote# of appeal The notice of appeal must be filed within 30 days from the date when this action is filed with the Clef of the Department. Trend Exploration LLC Exremion of Drilling Permit No. 133�1D West ofCorl3crew Collier Resources wen ?5-1 120 &ii1ze Cheese, Ovmer and Geologist July 8, 2020 Page 3 The files associated with this order are available for public inspection during normal business hours, 5=00 a.ni to 5:DO per, Monday through Friday, except legal holidays, at the Department of Enivanmental Protectiam. 2600 Blair Stone Drive_ Tallahassee_ Florida 32399-2400. Executed on July 8, 2020, in Tallahassee_ Florida. STATE OF FLORIDA DEPARTNENT OF ENVIRONMENTAL PROTECTION Cindy Mu MW Windy Mulkey Program Administrator Oil & Gas Program CERTIFICATE OF SERVICE The im&rsigned duly designated deputy clerk hereby certifies that this final order was mailed electronically before the close of businesson July 8, 2020, to Mike Cheesemac, Registered Agent and ChTirner, Trend Exploration LLC at raccheesemam.986([4mai1corn _ This notice was also nailed electronically, on the same date, to the following persons: Summer Araque, Coordinator, Conservation Collier SummnT_Arapue0col iercouotyfl. Molly Duvall, Manager, C'aracara Presence: ollyDu�-allf coldercountyfl.:?ov Danette Kinaszrzuk, Collier County PollutiLm Control: DanerteKinaszczul-acol iercountyfl.EOV Karin Smith., PG.. South Florida Water Management District: karsmitWZsfWmd. goy Megan Mills, ProgrmnAdmmistrator, DEP South Dishwr Megan-Milh dep_state_fl.us JenniferGoffFlorida Fish and %WildlifeComeryCommission: Jennifer_C74off MyFWC_com Fish & Wildlife Consen-ation Commission_ F-%ICConsen-aticoRanninZSen-ices(dtmyF'WC_com Ed Pollister, President, PollisterDrilliug Corp.: ed pollisterdrilling.com Nicole Johnson, Director, Environmental Policy, Conservancy SW Flonda= nic olej consen-aney. org FILP G .A2%D ACIQ OWLEDG'_%FF T FILED, oa this date, pursuant to Section 120.52(7), F_S_, writh the designated Deputy Department Clerk receipt -of which is hereby acknowledged_ Mar � !i r. a n Dig ita I ly s igned I Y I by Marjane Taylor Date: 2020.07.08 Taylor 14:48:42-04'Oo' July 8, 2020 Deputy Clerk Date Trend Exploration LLC Exwnsion of Drilling Permit No_ 1335D West of Corkscrew Collier Resources Well 25-1 121 Appendix G. 2018 Letter Submitted to FL DEP regarding Permit # 1335D from Conservation Collier Staff C�Ofle-V C01474ty Public Services Division Parks & Recmatien Conservaton Collier Program October 24, 2018 Alvaro Lhero, P-E. Florida Department of Environmental Protection Oil and Gas Program 2600 Blair Stone Road, MS 3520 Tallahassee, FL 32399 Re: Drilling Application OG_1335D, Vest of Corkscrew Collier resources Well 25_1 Dear Mr. Linero= Thank you for informing us of the pending Exploratory Well Application #F13351D, which is located on the Caracas Prairie Preserve property in Estero, Florida. This well sile is an sensitive environmental preservation lands protected by the citizens of Collier County under the Conservation Collier Program. When the land was acquired, the OGMs were not included in the sale, and we understand the property can be drilled lawfully. We appreciate the opportunity to comment and offer proposed conditions for the permit to better protect that property from any damage that might be associated with the proposed exploratory well. These conditions are: Access ■ Well site access will occur via gated entry in the Northwest comer of the property utildng the lime rock access road shown in attached map (Figure 1)- ■ Operator will be responsible for ensuring perimeter gate is closed and locked after each use and access to the preserve by designated parties is not impeded through the perimeter access gate. ■ Operator will be responsible for the replacement of all culverts along the lime rack access road from the access gate to the existing pad, before drilling rig construction commences. Operator must comply with all federal, state, and local laws and permitting procedures required for culvert replacement. ■ Operator will be responsible for maintaining the access road to the well site and completing necessary repairs or maintenance in a timely manner. Trend Exploration will submit a Cansen-Am CNI er Prcgam • 333d &Yrb Bwbana BMd• Olden Cale s' mnl nti y Perk • Nap . Fbv 3409 C wnan+ LLI�R 122 Road Maintenance Plan to the County Preserve Manager within 3g days of commencement of drilling activities - Wildlife and public Disrurbarrce Miugarian ■ Caracara Prairie Preserve is located within the USFWS Crested Caracara Consultation Area- Federally -threatened Audubon's crested caracara utilize the preserve year-round and have been recorded nesting on the property (Figure 1)- Trend Exploration will be responsible for consulting with the USFWS regarding impacts to the crested caracaraand all Federally -listed species that may be found on the preserve, as well as the Florida Fish and Wildlife Conservadon Commission (FWCC) regarding State -listed species that may be impacted - Exploratory dril ling operations are requested to occur outside of the Federal ly-threatened Audubon's Crested Caracas primary breeding season from November 1 through May 1 due to the proximity of known nesting locations to the well site - Federally and state -listed species that may be found on Caracara Prairie Preserve include the Florida panther (FE), Everglade's snail kite (FE), Florida bonneted bat (FE), American Alligator (FT), Eastern indigo snake (FT), Wood stark (FT), Big Cypress Fox Squirrel (ST), Gopher tortoise (ST), Crested Caracara (ST), Florda burrowing owl (ST), Florida sandhill crane (ST), Little blue heron (ST), Roseate Spoonbill (ST), Southeastern Amercan kestrel (ST). Tricolored heron (ST), and Osprey (SSG)- FE = Federally-desigriated Endangered, FT = Federally -designated Threatened, ST = State - designated Threatened, SSC = State Species of Special Concern A listed species identification chart will be provided to Trend Exploration by the Preserve Manager to be posted at the drill site- Crew members will be responsible for notifying the Preserve Manager if direct impacts to listed species are observed by drilling activities: (ex: burrows located within 1 DD ft of well pad, mortality due to equipment collision, etc.) ■ Trend Exploration will be encouraged to follow practices that Iirnit impacts to wildlife and public users of the preserve as a resu It of dri Ili nq activities incl udi ng, but not limited to: o Noise that has the potential to disturb wildlife, livestock, and surface owners or neighbors should be controlled to reduce sound levels- Suitable mufflers should be installed on all internal combustion engines and certain compressor components - Lighting for night-time operations (if utilized) should aim to increase visibility for grounds crew and reduce sky -glow and unnecessary light pollution. When applicable, flood lights should be aimed down to illuminate the work area rather than the horizon or fitted with manufacturer shields- LEDs should be limited to 3,00G Kelvin. When possible and safe to do so, use of site lighting should be restricted to limit impacts to wildlife. CarmrKafim0J§erPm9an-M Said Ba 3a 91ad- Gd m GateC*ffRrAy Pak -Naples, Fbrib 34109.23 -Z 2.2%1 LLILR 123 All long-term facility structures on -site (if built) should be painted a color that enables the facilities to blend with the natural background color of the landscape as seen from a viewing distance- The selected color should be one to two shades darker than the dominant background color, typically a vegetation color. Safety hazards such as tripping hazards should be painted a bright color to contras[ the pem3anent structure. Sire Requireonenfs: Purzher condidons of the drYling pennfr are specfhed wFrhirl rile Caracara Prairie Preserve tared Marragemenr Platy ■ Before commencing any drilling or unplugging activities, Trend Exploration will be responsible for making necessary repairs to the containment berm surrounding) the well site including: reinforcing the height and width of the berm to previously permitted standards and mowing existing vegetation atop the berm. ■ It is requested that the surface layout as detailed in the application be changed such that battery, tanks, and flow lines (if bunk on -site) are re -located to within the existing well pad infrastructure and updated maps with these requirements are submitted to the Preserve Manager within 60 days of the start of any drilling activities- ■ Trend Exploration will be responsible for constructing secondary containment berms around existing) water supply wells located within the main containment berm. • Prior to drilling activities, Trend Exploration wilt be responsible for removing and properly disposing of existing debris on -site related to previous oil activity including the catwalk infrastructure wood pile and unused cellar material located outside of the Southwest comer of the pad. • Trend Exploration will keep the well -site tidy of debris for the duration of the exploratory drilling activities in consideration of the public users of the preserve- • Position propane tank on the lime rock pad no closerthan 50' from the perimeter berms. Ensure that the existing containment berm surrounding this 18,01)"ailon tank is adequate for spill containment- • The Caracara Preserve Manager will conduct an on -site assessment and cataloging of well pad conditions prior to the commencement of activities. If desirable, Collier County will decide in the future if they want to retain the lime rack pad after the well has been plugged and abandoned- If it is decided that the County does not desire to retain the pad and site, Trend Exploration will be responsible for returning the impacted areas to the original state prior to drilling activity- • Retain one water supply well for fire protection after the exploratory oil well has been plugged and abandoned- After the oil well has gone through required plugging and abandonment procedures, Trend Exploration will degrade the secondary -containment berm surrounding the water supply well to an elevation level with the surrounding landscape. c«,sIakm carer Pmgan • 33M Same Baihau 91A- Olden Gate UmmRnly Pak. Napes, Fbida 34109-239-252-Z%l 124 RePOITing ■ Trend Exploration will notify the Caracara Prairie Preserve Manager prior to commencement of culvert replacement and road maintenance, rig construction, drilling activities and site access by vehicular traffic_ ■ Trend Exploration will na* the Caracara Prairie Preserve Manager in the event of a spill, site oantarnination, or emergency event. Thank you again for the opportunity to comment. Respectfully, lUexwmks J_ suleeld. Coxdi mkw Con ban Wlier Program Unseruation Cdlier Pmgmm-3300 sane Barbaro Blvd.- Cron Gate Cammm%Pak-Hales, Fkdda 34109.239-252-ZW 125 araeara Praifie Preserve Map- App4ca#ian 13331) Figure 1. Cameara Prairie Preserve Ccnseruwm CAer ProVam -33aO Sand 6araaa 91wd.- Coder Gate GzffnmrA-y F-xV - 4 30es. FlDmd3 3A109-239-252.2%1 wnarM LLILR 126 Appendix H. 2019 Letter Submitted to FL DEP regarding Permit # 1335D from Conservation Collier Staff O ICE' 4Z;0t Public Services DhAsion Parks & recreation Conservation Collier Program April 5, 2019 Alvaro Linero, P-E. Florida Department of Environmental Protection Oil and Gas Program 2900 Blair Stone Road, MS 3, 138 Tallahassee, FL 32399 Re: Drilling Application OG_13a5D, West of Corkscrew Collier Resources Well 25_1 Dear Mr- Linero: Thank you for the opportunity to participate in commenting period for the Exploratory Well Application 913350, which is located on the Conservation Collier Program's Caracara Prairie Preserve property in Estefo, Florida- Please see our additional condition requests to supplement our previous commenting Fetter submitted to the FL DEP Oil and Gas Program on October 24, 2018- Site Significance: The Caracara Prairie Preserve is comprised of 357-7 acres of sensitive environmental land purchased by the taxpayers of Collier County through the Collier County Conservation Collier Program, with additional acquisition funds provided by the non-profit CREW Land and Water Trust- Recognized for its preservation of critical habitat for imperiled wildlife species including, but not limited to, the Florida panther, the crested caracara, the Florida sandhill crane, the Florida gopher tortoise, and the Big Cypress fox squirrel, the Caracara Prairie Preserve is incorporated within the Florida Fish and Wildlife Conservation Commission (FWC) Corkscrew Regional Ecosystem Watershed Wildlife Environmental Area (CREW WEA) boundary - The Caracara Prairie Preserve also serves as a USFWS designated Florida Panther Conservation Rank, with 70% of the preserve falling within the primary breeding zone for the federally endangered species - In total, the Corkscrew Regional Ecosystem Watershed spans more than 60,000 acres throughout Collier and Lee Counties and is the largest intact watershed within southwest Florida- Multiple cooperating partners and agencies participate in the protection and preservation of the ecologically significant and contiguous conservation lands found within the watershed including Collier County, the south Florida Water Management District, the Florida Fish and Wildlife Conservation Commission, the CREW Land and Water Trusts Lee County, and Audubon's Corkscrew Swamp Sanctuary- The Corkscrew Regional Ecosystem Watershed provides irreplaceable services to the southwest Florida community including recharging the aquifer for the public drinking water supply, providing natural flood protection to communities, purifying surface and ground waters, providing habitat to wildlife, and offering recreational and educational opportun dies to the public - As a vital calnpanenL of the Corkscrew Regional Ecosystem Watershed, the Caracara Prairie Preserve provides not only habitat and hydrologic connectivity within the greater system_ but a distinct mosaic of grasslands, short hyd roperiod wetlands, hammocks, and flatwoods that are favored by particular imperiled species like the Federally -threatened crested caracara and state -threatened Florida sandhill crane - The Caracara Prairie Preserve has been proven to provide unique and vital nesting and foraging habitat for a number of imperiled wildlife species which are observed utiliang the property year-round- UnseNabon Calft- Pmgram • 33DO Sanb Barbara Bird- Golke Gate Car rmm ty Park • Naples, Florida 341 DO •239-252-2'961 Caw nor. Foil 127 The Caracara Prairie Preserve trail system and the surrounding CREW land hiking trails are visited by over 12,f]00 members of the community each year, including local elementary school groups and university students who utilize the area as a natural classroom° through guided educational hikes, classes, and events led by the CREW Land and Water Trust and the FGCU Wings of Hope Program. The CREW WEA, including the Caracara Prairie Preserve, also provides recreational hunting opportunities to the community through multiple FWC managed hunts throughout the year- For a list of the exact hunt dates scheduled within the Caracara Prairie Preserve, please visit: https11myfwc.com1huntingtwma-brochures1south0crewf- The significance of the Corkscrew Regional Ecosystem Watershed to the local community and the statewide recovery of imperiled species, including the ecosystem services provided by this contiguous conservation landscape, cannot be overstated. Due to the justifications listed above, we request that the public agencies with oversight of oil and gas activities within the preserve, including the FL Department of Environmental Protection, the US Fish and Wildlife Service (USFWS), and the Florida Fish and Wildlife Conservation Commission (FWC) conduct careful review of the environmental impacts of permitting ail and gas operations within the Caracara Prairie Preserve- In light of these considerations, the Conservation Collier Program wishes to make the following, additional requests for consideration of the permitting requirements for the OG_1335D expiaratory oil well application located within the Caracara Prairie Preserve: Access r All vehicle operators accessing the preserve will follow the posted speed restrictions of less than 15mph and remain vigilant for wildlife and cattle in close proximity to the oil pad and access road - State -threatened Big Cypress fox squirrel have been observed foraging within 15feet of the oil well access gate- State -threatened Florida sandhill cranes and their flightless young have been observed foraging along the oil well access road and in the marshes and pastures surrounding the oil well. All vehicles and equipment required for oil and gas activity will remain within the footprint of the well -site access road and well pad at all times. ■ No vehicles, equipment, or debris may be stored or traverse the designated preserve area without prior approval from Collier County. ■ Operators will be responsible for providing an additional combination lock on the access gate for use by all personnel, to be removed after activities have ceased. This combination lack will remain locked between uses by personnel to maintain site security. W ldlrfe Consrderairorrs Permit applicants will be responsible for consulting with the USF S and FWC regarding impacts to listed species, wi€dlife permit conditions, seasonal drilling restrictions, and mitigation requirements. Permit applicants will be responsible for ensuring required wildlife surveys are conducted by a professional biologist with the necessary experience in listed species survey protocols - Collier County, as the surface land owner, continues to request that all exploratory drilling operations and site preparations occur outside of the November 1- May 1 time period to reduce impacts to nesting and imperiled wildlife species on the preserve. Con5erra6cnL Collier ftgram • 33M Sarrta Barbara Dvd• Colder Cale Cmmmily Park • Nap4es, Florida 341 p9 •234-252-2961 128 Fran FWC CREW WEA wading bird survey data_ we know that many state -and -federally -listed avian species roost and forage in the ephemeral wetlands surrounding the oil pad and access road. Caution should be used by vehicles accessing the oil pad, so as not to cause injury or mortality to these listed species- In addition, best management practices should be taken into account during operation, so equipment or debris left on and near the oil pad does not inadvertently injure wildlife- SiteRemediatron ■ In the event that the exploratory well is deemed not to be commercially productive andlor cap and abandonment action is taken, the operator will remove all equipment and storage tanks from the preserve, including, but not limited to, the 18,ODD gallon storage tank, cellars, catwalk material, debris, and any residual fluids, and rig securing infrastructure from previous drilling operations within 30 days of ceasing of exploratory activities. t At Collier County's discretion, remediatiion and restoration of the ail pad and ail well access road will be carried out and funded by the operator. Restoration activities may include: degrading all containment berms, ensuring that the oil pad is returned to the same grade as the surrounding preserve area, removing the ail pad access road and bringing the road footprint down to the grade of the surrounding preserve area, seeding or sodding the project footprint with appropriate native vegetation, obtaining any necessary state or federal permits required for restoration activities, conducting any required wildlife surveys for federally or state listed species that may be impacted during restoration activities following consultation with the USFWS and Florida Fish and Wildlife Conservation Commission. ■ Site restoration will take place no later than {1 ) year from the date that the exploratory well is deemed to be not commercially productive. ■ One existing water well will remain at the site for use by Collier County for land management activities and monitoring- Raportrrrg ■ Collier County, as the surface owner, will be notified in the event of any modifications or additions to exis rig application activities, including, but not limited to, permit modifications, permit extension applications, additional well applications, deep injection site applications, and listed species incidental take permit applications - Residential housing and government operations reside witlhin 1-2 miles of the Trend Exploration ail pad. Residents and the government offices should be notified irseepage from the containment unit or any emergency occurs that could be consi�ered a heats or safety hazard. Contact information forthese individuals is below: c Kathleen Smith_ FWC Biologist for CREW WEA at Kathleen. SmithAMyFC.com C Jae Ek=o, SF MD CREW Management Area Land Manager at ibozza�sFNmd-gov ■ The following staff must be notified within 24-hours of any impacts to State or Federally -listed species (mortality or injury to listed species, destruction to habitat of listed species, etc): C Molly f]uVall, Preserve Manager atMoIIy.DuVallRCollierCountyFL.yov o Kathleen Smith, FWC Biologist CREW WEA at Kathleen.SmithdZM C:-com o Joe f3o=o, SFW MD CREW Management Area Land Manager at ibozza�siwmd-gov Conse.VAM Collier Program • 33W Santa Barbira tom• C {'sale Camffwi y Park • Napes, Florid@ 341 d9 •239-252-2961 129 ■ The Caracara Prairie Preserve manager will be notified prior to any scheduled wildlrfe surveys taking place within the preserve and i rill be provided a copy of the schedule, methods, data, and final reports. The Caracara Prairie Preserve manager wilE toe notified of the exploratory oil well project timeline no less than 30 days before activities commence. Thank you again for the opportunity to comment. Respec=;Y' Summer Araque, Coordinator Conservation Collier Program Ccnsetiatiorn Ccllie- %gram • 33DO Santa Barbara l3kd• GDkkm Gate Comrnumityr Park • Naples, Flarids 341 D9 •299-252-2961 130 Figure 1- Crested Caracar, fCRCA) Nest rtg Survey Map {'anSWatian Ca111er?"ram r 33W Swna Barbera &i A- Gp&n Gale Camawrty Park • Napoes, Flarid3 34109-Mg-252-2961 131 Figure 2. 2010 Sandhill Crane Nesting Lcca4on Map Ccnw., roar% Collier "ram •33W Saab Barbara 9,kd• Gin Gate Comm eritp Park • Napks, Flartida 341 IN - 299-252-2961 132 Appendix I. 2018 Letter Submitted to FL DEP regarding Permit # 1335D from the Conservancy of Southwest Florida CONSERVANCY of Southwest Florida. OUR WATER, LAND, WILDLIFE, FUTURE, Protecting Southwest Florida's unique natural environment and quality of life ... now and forever. December 31, 2018 Sent via email Cindy Mulkey Program Administrator, Oil and Gas Program Florida Department of Environmental Protection Cindy. Mulkeynden.state.fl. us Jon Iglehart South District Director Florida Department of Environmental Protection Jon. IglehartAFlorldaDEP. gov Larry Williams State Supervisor U.S. Fish & Wildlife Service Larry williams(dfws.eov Jennifer Goff Biological Scientist IV Florida Fish and Wildlife Conservation Commission Jennifer. Goff(a_MvF WC. com RE: Application for Permit #1335D Dear Ms. Mulkey, Mr. Iglehart, Mr. Williams, and Ms. Goff: The Conservancy of Southwest Florida writes on behalf of our over 7,000 supporting families with regard to Trend Exploration LLC's (Trend LLC) application for Permit 41335D to drill a new bottomhole from the Hugh Starnes Well (Permit 1335), located in the Caracara Prairie Preserve (Preserve) in Collier County, Florida. The Preserve is an environmentally sensitive area purchased by Collier County taxpayers for permanent preservation. In addition, the Preserve serves as a Florida panther compensation bank' and a conservation easement was placed over it to compensate for impacts to over 344 acres of Florida panther habitat from development of the Collier County Resource Recovery Park. The environmentally sensitive nature of this land, coupled with the land's purpose as a safe haven for imperiled wildlife, warrants a more rigorous review of this drilling application and the adoption of strict permit conditions, should this proposed operation be permitted. ' Caracara Prairie Preserve Conservation Bank Habitat Management Plan. Available at httpsa/www.colliercountvfleov/home/showdocument9id=40567. ' Caracara Prairie Preserve Conservation Easement. September 9, 2014. Conservancy of Southwest Rorda has 0—awarded Chanty Navigator's prestigious 4-Star top rating for good governance, sound fiscal management and commilmerrt ro accountability and t—perency. Charity N.Ogetor is America9 largest and moat respected independent evaluator of chwil 1495 Smith Preserve Way I Naples, Florida 34102 1 239.262.0304 1 Fax 239.262.0672 1 www.conservancy.org 133 Conservancy of Southwest Florida 2 Application for Permit 41335D Caracara Prairie Preserve Background The Caracara Prairie Preserve has significant ecological value. It is part of the Corkscrew Regional Ecosystem Watershed and is bordered on three sides by CREW lands acquired by the South Florida Water Management District (SFWMD)3. Nearby conservation lands include the Corkscrew Swamp Sanctuary to the Southwest and Pepper Ranch Preserve to the East. Nearly 80 acres of the Preserve contain depressional marsh/wet prairie, "dominated by wetland plants and flooded for most of the wet season4." The Preserve is also rich in biodiversity. According to the Preserve's Management Plan, six listed species have been observed on the Preserve: crested caracara, Florida sandhill crane, gopher tortoise, limpkin, snowy egret, and American alligators. We also understand there has been nesting activity by both the crested caracara and sandhill crane. In addition, the Florida Natural Areas Inventory (FNAI) Biodiversity Matrix indicates that the Florida panther has been documented at the Preserve 6. 67% of the Preserve contains Primary Panther Habitat, and the other 33% is in the panther's Secondary Zone. The Primary Zone consists of lands, "essential to the long-term viability and survival of the Florida panther$," while the Secondary Zone contains lands important for the expansion of the current panther population to more sustainable levels. Moreover, Frakes et al. (2015) suggests that the entirety of the Preserve is in adult panther breeding habitat. Frakes et al. (2015) recommend maintaining and expanding existing breeding habitat, lest imperiling the survival of the species9. In addition, there are several other species which FNAI's Biodiversity Matrix finds are likely to occur on the Preserve based primarily on documented occurrence nearby. These species include the eastern indigo snake, wood stork, Big Cypress fox squirrel, and Florida black beario ' Caracara Prairie Preserve Conservation Bank Habitat Management Plan. Available at https://www.collierco=fl.gov/home/showdocument?id-40567. P. 3. 4 Ibid. P. 4. 5 Ibid. 6 Laptop analysis done using Florida Natural Areas Inventory Biodiversity Matrix Query. Results available for Matrix Unit 43900 and 43901 at https://data.labins.or /mapping/FNAI BioMatrix/GridSearch.cfm?sel—id-43900&extent-641721.46170000,271916. 36090000,643330.80670000,271916.36090000 and https://data.labins.org/mapping/FNAI BioMatrix/GridSearch.cfm?sel id=43901&extent=641721.46170000,273525. 70390000,643330.80670000,273525.70390000. Reports created December 16, 2018. 1 Caracara Prairie Preserve Conservation Bank Habitat Management Plan. Available at https://www.colliercoimtyfl.gov/home/showdocument?id=40567. P. 3. s Kautz, R., et al. "How Much Is Enough? Landscape -Scale Conservation for the Florida Panther." Biological Conservation, vol. 130, no. 1, 2006, pp. 118-133., doi: 10. 101 6/j.biocon.2005.12.007. P. 122 ' Frakes RA, Belden RC, Wood BE, James FE (2015) Landscape Analysis of Adult Florida Panther Habitat. PLoS ONE 10(7): e0133044. Doi: 10.1371/journal.pone.0133044 " Laptop analysis done using Florida Natural Areas Inventory Biodiversity Matrix Query. Results available for Matrix Unit 43900 and 43901 at https://data.labins.or /mapping/FNAI_BioMatrix/GridSearch.cfm?sel_id-43900&extent-641721.46170000,271916. 36090000,643330.80670000,271916.36090000 and https://data.labins.org/mappina/FNAI BioMatrix/GridSearch. cfm?set id-43901&extent=641721.46170000,273525. 70390000,643330.80670000,273525.70390000. Reports created December 16, 201 S. 134 Conservancy of Southwest Florida 3 Application for Permit 41335D The environmental value of the Preserve was recognized by the State via its inclusion in the Florida Ecological Greenways Network's Priority II List" Outstanding Concerns Oil Drilline Is Not Conducive to Purpose of Preserve Oil exploration and drilling is contemplated in the Caracara Prairie Preserve Habitat Management Plan. The mineral rights were retained by private owners in the sale of the Preserve to Collier County. Despite this, it is apparent that this kind of industrial activity is not conducive to the mission and goals of the Preserve, or the goals of the Conservation Easement on the Preserve. The management plan states the Preserve is to be, "managed for conservation, protection, and enhancement of natural resources and for passive and compatible public outdoor recreation12." Oil drilling does not aid in conservation, protection, or enhancement of natural resources. In fact, the industrial activity has the potential to alter and negatively impact natural resources in the Preserve. This is particularly true because we understand the applicant is proposing placement of a new tank battery pad. Drilling in in the Preserve, and placement of a new pad, can alter natural water flow and vegetation, pollute surface and drinking water, and deter both visitors and wildlife from the area. Collier County notes that the Preserve, "was acquired to protect the existing native habitat, to provide surficial aquifer storage, to provide habitat for protected birds and mammals, to buffer and protect adjoining state-owned conservation lands, and to provide opportunities for at -cost restoration as a mitigation for County projects...13" Unfortunately, drilling may interfere with the Preserve's ability to fully meet these goals. In addition, the Preserve has a conservation easement over it due to the property serving as mitigation for impacts to panther habitat elsewhere. Enclosed as Attachment C, the easement details several prohibitions including prohibitions on construction, certain new structures, unauthorized mineral exploration, surface use that alters the land and water on the Preserve, introduction of exotic plants, commercial and industrial uses, and, "activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat...14" Acknowledging that oil drilling was contemplated in certain circumstances by the conservation easement, it is still clear to see that the intention of the easement was to keep the Preserve natural and avoid converting the character of the property to one that's more industrialized. New drilling operations are not conducive to these standards. 11 Gladys Delgadillo. GIS analysis of Caracara Prairie Preserve utilizing University of Florida's FEGN Priorities data layer. December, 2018. 12 Caracara Prairie Preserve Conservation Bank Habitat Management Plan. Available at https://www.Colliercountyfl.gov/home/showdocument'lid=40567. P. 1. " Collier County. Caracara Prairie Preserve. Accessed on December 10, 2018. Available at htti)s://www. colliercountvfl. zov/vour-zovemm ent/div isions-a-e/conseryation-collier/preserve-inform ation/caracara- prairie-preserve. 14 Caracara Prairie Preserve Conservation Easement. September 9, 2014. P. 3. 135 Conservancy of Southwest Florida 4 Application for Permit 41335D Florida Statutes Section 377.241(1) requires the Department of Environmental Protection (Department) to consider the, "nature, character and location of the lands involved..." when making its permitting decisions. The nature of this land as a mitigation bank, public conservation property, primary panther habitat, and sensitive wetland area must be considered. The Conservancy believes the character of the Caracara Preserve warrants special concern and scrutiny by the agencies. Wildlife As there are federally -listed species on the Preserve, the proposed activities may alter determinations made in existing Biological Opinions, and a new drilling operation may result in harm or harassment of listed species, the applicant should consult with the U.S. Fish and Wildlife Service under the Endangered Species Act. The Florida Fish and Wildlife Conservation Commission (FWC) should also review this proposal for compliance with the Endangered and Threatened Species Rule15 and existing permitting guidelines for state -listed species. In addition, in order to avoid habituating wildlife like Florida black bears to humans, and to avoid attracting predators like raccoons and crows, the Department should require the applicant to secure all food waste associated with their operation in a bear -resistant enclosure. This measure will help ensure safety for visitors to the public Preserve as well as the eggs and young chicks of birds near the well pad. Adding this requirement to the Department's permit will also help the applicant stay compliant with 6SA-4.001 F.A.C. Florida Panther There are only about 120-230 Florida panthers left in the world16. Their habitat is shrinking, threatening their survival. As a federally -listed, endangered species, it is illegal to intentionally harm or harass panthers under the Endangered Species Act. If a project will unintentionally harm or harass panthers, an incidental take permit is required, and negative impacts to panthers must be avoided, minimized, and mitigated. The current Florida Panther Effect Determination Key stipulates that for projects within the Panther Focus Area, that are greater than one acre in size, that consultation with the Service should be requested) . While this tool is utilized primarily in the Section 7 process, it supports the fact that the applicant, Trend LLC, should consultant with the U.S. Fish and Wildlife Service to avoid violations under Section 9 of the Endangered Species Act. The Caracara Preserve is supposed to serve as mitigation for impacts to the panther elsewhere, including impacts that have already taken place18. Unfortunately, drilling on the Preserve and creating a new tank battery pad would create new impacts that have not yet been adequately considered by the Service, and that would need to be addressed by the applicant through avoidance, minimization, and mitigation. The Service needs to ensure that the applicant's newly proposed activities would not be in conflict with the assumptions made for the " 68A-27, F.A.C. 16 U.S. Fish and Wildlife Service. Florida panther population estimate updated. February 22, 2017. Available at https://www. fws.gov/southeast/news/2017/02/florida-panther-population-estimate-updated/. 17 Army Corps of Engineers. Florida Panther Effect Determination Key. February 19, 2007. Available at htti)s://www. fws. zov/verobeach/MammalsPDFs/20070219LetterSFESOtoCOEPantherKev.pdf. " U.S. Fish and Wildlife Service, 2014. Letter to Army Corps of Engineers, Collier County Resource Recovery Park. Biological Opinion. February 19, 2014. 136 Conservancy of Southwest Florida 5 Application for Permit 41335D Collier County Resource Recovery Park Biological Opinion or any other mitigation credits given or proposed. The well pad is located near the line that divides the Florida panther's primary and secondary zones, within the Secondary Zone. As mentioned previously, the Secondary Zone has been identified by panther biologists as lands that are important for expansion of the current panther population. In order for the Florida panther to meet recovery goals under the Endangered Species Act, the panther's population must expand and additional populations of panthers must develop outside of South Florida19. While the actual drilling pad is located in the Secondary Zone, part of the roadway to the oil pad is located within the Primary Zone and it is possible that effects from a new drilling operation would influence the nearby Primary Zone and impact the panther through light, noise, and other disturbance. Furthermore, the entire Preserve, including the areas proposed for new drilling activities through this proposal, is considered Adult Breeding Habitat (see Attachment A). As mentioned previously, these lands are essential for the Florida panther's survival and recovery. Drilling operations may deter Florida panthers and their prey, not just from the well pad, but from the area surrounding the well pad as well. This deterrence may functionally limit panther habitat, even if temporarily, and can result in increased intraspecific aggression and vehicle mortalities. Already, there have been documented panther deaths as a result of intraspecitc aggression in this area, including two known incidents in 2017 (one on private property west of Caracara Preserve and the other on the CREW Marsh Trails 20). There is also a history of vehicle collisions in the area, with one recent panther mortality in April of this year near the intersection of SR 82 and Corkscrew Road 21. Attachment A shows two other known panther roadkill mortalities adjacent to the Preserve on Corkscrew Road from 2009 and 2014". Disturbance is not the only factor to consider. Drilling at the Hugh Starnes Well will result in additional vehicle trips on nearby roads, presenting further threats to panthers. Vehicle mortalities are the leading cause of known panther deaths 23. The applicant should provide to the agencies a predicted number of vehicle trips to and from the well pad that would occur as a result of the proposed drilling activity and as a result of potential future production, as part of the consideration of this application. Cumulative impacts must also be analyzed. Florida panther habitat is rapidly being lost to development and other land use conversions, and further threats are on the horizon. For example, the U.S. Fish and Wildlife Service is currently contemplating approval of the Eastern Collier 19 Florida Panther Recovery Team, South Florida Ecological Services Office of U.S. Fish and Wildlife Service. Florida Panther Recovery Plan. 3,d Revision. Approved November 1, 2008. Available at https://www. fws. aov/uoloadedFiles/Panther%2ORec overv%20PIan.])df. 20 Gladys Delgadillo. Analysis of Panther Pulse Data from 2017 available at https://myfwc.com/media/31291pastlittersdeathsdet)redations.pdf. " Gladys Delgadillo. Analysis of Panther Pulse Data from 2018 available at https://myfwc.com/wildlifehabitats/wildlife/panther/pulse/. zz Darrel Land, Florida Fish and Wildlife Conservation Commission. Panther Mortality 2017 Shapefile. Atkins, Andrew. "A Look at Florida Panther Deaths from 2014 to 2018." Naples Daily News, 23 Sept 2018. Available athttT)s://www.nanlesnews.com/storv/news/environment/2018/09/23/data-analvsis-florida-panther-deaths- 2014-2018/1380694002/. 137 Conservancy of Southwest Florida 6 Application for Permit 41335D Multiple Species Habitat Conservation Plan that would permit 45,000 acres of development in nearby panther habitat, and the Burnett Oil Co. Inc. is conducting a seismic survey operation in the Big Cypress National Preserve that is fragmenting and degrading panther habitat24. One suggestion to minimize disturbance to the Florida panther, that we ask be included as a permit condition, is to limit oil drilling activities to daytime hours when the Florida panther is less active. By requiring this, it's less likely activities will interfere with hunting, and panthers may be less likely to be hit on roadways. Florida panthers are crepuscular, meaning they're most active during dawn and dusk25, so these hours should be avoided. In addition, the agencies should consider this proposal in light of the fact that the site is considered mitigation for impacts to panther habitat elsewhere (see Attachment B). The Preserve was utilized by Collier County as compensation for impacts associated with the Resource Recovery Park, and this was solidified in the Service's Biological Opinion and associated conservation easement. If the new drilling project is authorized, the Service must reevaluate determinations made in its prior Biological Opinion, and the applicant not Collier County may be relied upon to compensate for any devaluing of the mitigation lands brought on by Trend LLC's proposed activities. Certainly, if a new battery tank pad is placed outside of the well pad, that land must not receive any mitigation value. The value of the mitigation lands on the Preserve may be affected well beyond the actual footprint of the pad and roadway. Audubon's Crested Caracara Audubon's crested caracara in Florida are listed as threatened under the Endangered Species Act as they are isolated from other caracara populations26. Unfortunately, the caracara's range in Florida is decreasing27. Given the threats to caracara survival, negative impacts to the caracara populations in Florida should be avoided, minimized, and mitigated. The Caracara Prairie Preserve is within the U.S. Fish and Wildlife Service's Crested Caracara Consultation Area28. Conservation Collier's preserve management team has recorded crested caracara on the Preserve year-round, including documenting two nests29. Therefore, impacts to the caracara from new drilling activities on the Preserve must be assessed. 24 Quest Ecology Inc. Preliminary Evaluation of Potential Effects of Seismic Surveying for Oil and Gas In and Near the Big Cypress National Preserve on the Florida Panther. October, 2018. 25 Florida Fish and Wildlife Conservation Commission. Panther Biology Hunting Methods. Available at https://mvfwc.com/wildlifehabitats/wildlife/panther/biology/. 26 South Florida Ecological Services Office, U.S. Fish and Wildlife Service. Audubon's Crested Caracara, Species Conservation Guidelines, South Florida. April 20, 2004. P. 1. Available at htti)s://www. fws. aov/verobeach/BirdsPDFs/2004Si)eciesConservationGuidelinesCaracaraALLINCLUSI VE.i)dp. spc ode=A003. 27 Audubon's Crested Caracara, Multi -Species Recovery Plan for South Florida. Available at htti)s://www.sai.usace.armv.mil/Portals/44/docs/reeolatoiv/SW/acca.i)df. P. 4-219. 28 South Florida Ecological Services Office. U. S. Fish and Wildlife Service. Crested Caracara Consultation Area May. July 14, 2003. Available at htti)s://www.fws.zov/verobeach/BirdsPDFs/CiestedCai acaraComultationArea.pdPspcode=A003. 29 Alexandra J. Solecki. Email Subject: Conservation Collier Comments on Drilling Application OG_1335D. Sent October 24, 2018. Available on Florida Department of Environmental Protection's Oculus Database. 138 Conservancy of Southwest Florida 7 Application for Permit 41335D Response to human disturbance varies, but the species is most sensitive to disturbance during the nesting season30. Accordingly, we request drilling operations be conducted when crested caracaras on the property are not building nests, incubating eggs, or raising nestlings. Their primary breeding season is from November 1 through May 131. Disturbing caracaras during this season may result in lower productivity and higher rates of chick mortality. Significantly altering activity levels or habitat around a caracara nest may result in a breeding pair leaving the nest, even if the changes occur outside of breeding season 32. Therefore, drilling activity should avoid broaching a protective buffer around caracara nests. The average home range of a caracara is about 1.2-1.9 miles from a nest33. According to the U. S. Fish and Wildlife Service, the "protective area for a caracara nest is a radius of about 1,500 meters (m) (4,920 feet) from the nest 34." All drilling operations should avoid this protective area and minimize impacts to the home range of caracaras on the Preserve. In addition to disturbance, there are numerous other ways a new drilling operation could harm caracaras. Additional vehicle trips on nearby roads may result in increased vehicle mortalities for caracaras, especially for juveniles, which frequent roads to scavenge roadkill35. A new drilling operation may interfere with caracara management; for example, by prohibiting land managers from implementing routine prescribed burns. Changes to hydrology or a pollution spill in wetlands may also have a significant impact on caracaras as 64% of the caracara diet consists of wetland -dependent species 36. The applicant should work with the U.S. Fish and Wildlife Service to further analyze potential effects of a new drilling operation to the crested caracara and create a plan to minimize these impacts, particularly regarding the placement of the proposed tank battery pad which is very close to the active caracara nest on the western boundary of the Preserve. Florida Bonneted Bat The Florida bonneted bat is listed as endangered under the Endangered Species Act. Information regarding the presence and use of the Preserve by the Florida bonneted bat is needed and should also be considered by the Service in its review of this project. This is important as the CREW region has a high probability of occurrence by this species.37 31 Morrison, J. L. 2001. Recommended management practices and survey protocols for Audubon's crested caracara (Caracara cheriway audubonii) in Florida. Technical Report No. 18. Florida Fish and Wildlife Conservation Commission, Tallahassee, Florida, USA. P. 7. 31 Ibid. P. 4. 32 Ibid. P. 8. 33 Ibid. P. 3. 34 USFWS Crested Caracara Draft Survey Protocol —Additional Guidance (2016-2017 Breeding Season). Available athtty)s://www.fws.gov/verobeach/BirdsPDFs/20161209 CCsurveyprotocol.pdf 31 Morrison, J. L. 2001. Recommended management practices and survey protocols for Audubon's crested caracara (Caracara chenway audubonn) in Florida. Technical Report No. 18. Florida Fish and Wildlife Conservation Commission, Tallahassee, Florida, USA. P. 10. "U. S. Fish and Wildlife Service. Status of the Species—Audubon's crested caracara. April, 2017. Available at htti)s://www.fws.zov/verobeach/StatusoftheSoecies/20170405 SOS AudubonCrestedCaracara.pdf. P. 2. 37 Bailey et al., 2017. Impact of Land Use and Climate on the Distribution of the Endangered Florida Bonneted Bat Journal of Mammalogy, 98(6): 1586-1593. 139 Conservancy of Southwest Florida 8 Application for Permit 41335D Gopher Tortoise The gopher tortoise is a state -listed threatened species38 that has been documented on -site, and the Caracara Preserve has been identified as a potential Gopher Tortoise Recipient Site 31. The applicant should assess whether there may be any impacts to gopher tortoises from the proposed project so any impacts can be avoided, minimized, and mitigated. Big Cypress Fox Squirrel FWC should review the proposed project for alignment with the established permitting guidelines and best management practices for the state -threatened Big Cypress fox squirrel (BCFS)40, also known as the mangrove fox squirrel. The project area is within the BCFS's Species Focal Areas (SFA), which is a high -priority area for this species. The Florida Fish and Wildlife Conservation Commission notes that, "... degradation of high priority habitats within SFAS could negatively impact the survival potential of the BCFS41." The applicant should pay for a BCFS survey to provide to the agencies. Ideally, the survey will be camera -based and take place no more than 60 days before the applicant's proposed project is planned to begin 41. Ifthe species is found onsite, then possible impacts to the BCFS should be assessed so take can be avoided. The most significant threats to BCFS are habitat loss, degradation, and fragmentation 43. Anew drilling operation may negatively impact any BCFSs on the Preserve by degrading habitat, including wetlands, and potentially interfering with management activities like prescribed burns in the area. BCFSs utilize multiple nests for breeding and protection 44. The Florida Fish and Wildlife Conservation commission notes that, "take is expected to occur when activities within a 175 in (575 ft.) radius of a BCFS nest alter hydrology in wetlands, fragment the area, or otherwise remove or degrade 25% of plants providing food resources, or remove 10% of trees providing other potential nest sites45." For this reason, oil activities should stay outside of a 575 foot buffer around all BCFS nests. " Florida Fish and Wildlife Conservation Commission. Gopher Tortoise Program. Available at https://mvfwc.com/wildlifehabitats/wildlife/gopher-tortoise/. 39 Collier County Resolution No. 2011-86. A Resolution Adopting a Policy and Fee Shedule to Govern the Operation of the Caracara Prairie Preserve Gopher Tortoise Recipient Site. Available at htti)s://www.colliercountvfl.aov/home/showdocurnent?id-40566. 40 Florida Fish and Wildlife Conservation Commission. Big Cypress Fox Squirrel. Species Conservation Measures and Permitting Guidelines. 2018. Available at https://mvfwc.com/media/11559/bigcypressfoxsauirrelguidelines- 2018.pdf. 41 Ibid. P. 10. 42 Ibid. P. 5. 41 Ibid. P. 3. 44 Ibid. 45 Ibid. P. 4,5 140 Conservancy of Southwest Florida 9 Application for Permit 41335D Florida Sandhill Crane FWC should review the proposed project for alignment with the established permitting guidelines and best management practices for the state -threatened Florida Sandhill Crane (FSC)46. The applicant should submit FSC survey data relevant to their proposed project to FWC and the Department. With surveying completed for the FSC, FWC can work with the applicant to avoid project impacts and incidental take, particularly to nesting pairs. Any negative impacts to wetlands, including alterations in hydroperiod and water level and increases in pollution, could be detrimental to FSC breeding47 and feeding48. In addition, FWC notes that, "[d]isturbances within 400 feet (of an active nest) can interrupt nesting activity and even cause abandonment of the area, even if the birds do not flush (Stys 1997)49." Finally, interruptions to routine maintenance, including prescribed burns, may negatively impact FSCs. Given the proximity of marshes to both the proposed tank battery pad and the oil pad, and the observation of nesting sandhill cranes adjacent to the oil pad within the 400 foot buffer area identified in the Permitting Guidelines" incidental take seems probable. Avoiding activities during the FSC's primary nesting season (February through Apri151), and maintaining the recommended buffer around active nests should help minimize impacts. Water Resources As mentioned previously, the Caracara Prairie Preserve is part of the Corkscrew Regional Ecosystem Watershed (CREW), and parts of the Preserve flood seasonally. CREW lands provide significant value in both aquifer recharge and surface water purification. Water flows naturally from CREW lands to the Florida Panther National Wildlife Refuge and Fakahatchee Strand52 Impacts to the Preserve may impact water resources in several ways. Potential Wetland Loss We understand that the applicant is proposing to create a new tank battery pad outside of the existing well pad, and we are concerned this may impact wetlands on site. The applicant's depiction of the battery tank pad location, as shown on page 132 of 137,53 is insufficient to 46 Florida Fish and Wildlife Conservation Commission. Florida Sandhill Crane. Species Conservation Measures and Permitting Guidelines. 2016. Available at https://myfwc.com/media/11565/final-florida-sandhill-crane-species- guidelines-2016. pdf. 47Ibid. P. 2. 48 Ibid. P. 3. 49 Ibid. P. 2. so Ibid. P. 2,3. 51 Ibid. P. 1. " Office of Environmental Services in cooperation with Florida's Acquisition and Restoration Council, Division of State Lands, Florida Department of Environmental Protection. 2018 Florida Forever Five -Year Plan. June, 2018. p. 230. Available at http://publicfiles. dep.state. fl.usMSL/OE SWeb/FF20171FLDEP_DSL_SOLI_ 2018F1oridaForever5YrPlan_20180706 53 Trend Exploration, LLC. Application for Permit 41335D to Florida Department of Environmental Protection. 2018 141 Conservancy of Southwest Florida 10 Application for Permit 4133' determine if it is avoiding wetlands. The agencies should obtain better information from the applicant to ensure that the applicant's proposed activities will not impact wetlands. This is critical since the site's wetlands are part of one of Southwest Florida's most extensive and sensitive wetland ecosystems. Surface Water Flow In Florida, small changes in hydrology may have effects on vegetation composition and aquifer recharge. Alterations to surface water flow must be avoided. Florida Statutes section 377.22(2)(b) requires the Department to issue rules, "to prevent the alteration of the sheet flow of water in any area." Inspection reports from the Hugh Starnes Well over the years indicate construction of the well and well pad may have altered surface water hydrology. Pictures from the inspections show water pooling around the well during the rainy season. Inspections in 2017 even detail fish in the collar54. Prior to any drilling activity being considered on the site, these impacts must be addressed. The Department must also assess impacts to surface water flow from construction of a new battery tank pad and berm. Finally, per Conservation Collier's comments, the Department should require the applicant to replace the culverts along the access road to the well pad before drilling begins and accept responsibility for maintaining the culverts. Water Quality Drilling poses a threat to water quality by way of potential pollution spills. Section 377.371(1) Florida Statutes states, "A person drilling for or producing oil, gas, or other petroleum products, or storing gas in a natural gas storage facility, may not pollute land or water; damage aquatic or marine life, wildlife, birds, or public or private property; or allow any extraneous matter to enter or damage any mineral or freshwater -bearing formation." In order to help prevent pollution, a berm that can effectively hold polluted water should be maintained around the perimeter of the well pad, and the tank battery pad if one is created. Plans should be drawn to treat water held by the berms. Additionally, preparations should be made in case spills occur outside the storm water berms. We are concerned about the impacts of a spill on both underground aquifers and to surface waters. Once in the aquifer, pollutants are extraordinarily hard, if not impossible, to clean. If oil -related equipment leaked hazardous substances during the wet season, where sheet flow is present or during a storm event, pollution could spread across the Preserve. This could result in negative impacts to vegetation and wildlife, including imperiled wildlife. Pollution prevention plans should be included in an updated application to drill and analyzed thoroughly. To safeguard Collier County's water supply, per the request made by Collier County Pollution Control, the Department should also require the applicant to install berms or dykes around nearby water supply wells. "Photos from "Discovery_ Compliance" documents in Florida Department of Environmental Protection's Occulus database. 142 Conservancy of Southwest Florida 11 Application for Permit 4133' To date, Trend LLC has not provided in its application a comprehensive pollution spill prevention plan or detailed procedures to follow should a spill occur. The Recertification Permit for the Hugh -Starnes well indicates Century Oil Company has, "an active Spill Prevention Control and Countermeasure Plan55...," however Trend LLC provides no information about how this plan may be modified and adopted for new drilling activity. The Department should require a detailed spill prevention plan tailored to the proposed activities be completed before permitting new drilling in the Preserve. The Plan should include extensive monitoring so any spills can be detected immediately and the Preserve manager/public can be alerted promptly. Additionally, the Department's permit should require that all remediation for any spill is the fiscal responsibility of the permit holder, as required by the Caracara Preserve Management Plan 56. To ensure the applicant is able to implement remediation expeditiously after a spill, the Department should require a larger bond than the minimum prescribed by statute, per the Department's authority under 62C-26.002(4) F.A.C. Should the exploratory well prove productive, disposal of produced water will present further water quality concerns. While it's not expected that the applicant provide a plan detailing produced water disposal at this time, the potential cumulative impacts of this exploratory well should be considered — including pollutant disposal. For example, the applicant has indicated a new salt water disposal well will be drilled onsite if the new exploratory well is productive. The implications to water resources of such a new well should be considered. Water Supply Finally, freshwater consumption for the proposed exploration operation could have detrimental effects on wetlands and water supply wells. Included in Trend LLC's application to drill another exploratory bottom hole from the Hugh Starnes well is a 2011 note from the South Florida Water Management District indicating Century Oil Co. Inc. was permitted to use water from the Lower Tamiami aquifer, part of the Surficial Aquifer System that provides potable water for the area. Has this permit been transferred to the current applicant? No estimated quantities of required freshwater for either the proposed new exploratory bottomhole or oil production were included in Trend LLC's application to compare with the existing permitted allocations to Century Oil Company. The Department should require this information from the applicant, as well as where the applicant plans to receive this water from. Trend LLC's answers should be thoroughly analyzed to determine any potential impacts to the ecosystem and drinking water resources. If the Department's analysis shows the potential for negative impacts to the Surficial Aquifer System, we urge the Department to require Trend LLC to utilize an alternative water source. Given the sensitive nature of the Caracara Preserve and its status as a mitigation bank, these water resource concerns should be analyzed with scrutiny and any permit must include strict conditions to prevent, minimize, and mitigate any negative impacts. A cumulative impact analysis on water resources should also be completed. "Florida Department of Environmental Protection, Final Order: Five Year Operating Permit Recertification, Permit No. 1335, Recertification Date: August 9, 2017. P. 2. " Caracara Prairie Preserve Conservation Bank Habitat Management Plan. Available at httns://www.colliercountvfl.gov/home/showdocument'lid=40567. P. 10. 143 Conservancy of Southwest Florida 12 Application for Permit 41335D Well Stimulation We were pleased to see that Century Oil Company, Inc.'s Permit for Recertification (No 1335) states as a General Condition that the, "permittee shall not perform hydraulic fracturing workover operations on this well..."57 We assume the conditions of this recertification will be extended to Trend Exploration LLC with the Change of Operator form filed with the Florida Department of Environmental Protection. We respectfully request that any new permit should build on this existing prohibition by including all forms of well stimulation, including hydraulic fracturing, matrix acidizing, and acid fracturing. These additional techniques present many of the same threats as hydraulic fracturing to water quality, water supply, and public health. Eauinment Outside the Well Pad To minimize damage from pollution spills, and to avoid unnecessarily reducing the value to wildlife of land outside the existing limerock well pad, all oil -related equipment should be moved onto the well pad. Exhibit 1 of Century Oil Company, Inc.'s Permit for Recertification (No 1335) shows a spare cellar located just outside of the well pad58. Several Department inspection reports note wood piling and other equipment that needs to be moved. If the cellar and other oil -related objects still reside outside of the well pad, they should be promptly relocated. Per the Preserve's management plan, the limerock infrastructure created for the certified oil well is not given any value for Panther Habitat Mitigation Units (PHUs)59. It is fitting that land hosting oil equipment should also not receive any value for PHUs. Relocating equipment onto the well pad will help ensure that is so. Conclusion The Caracara Prairie Preserve was purchased to protect Southwest Florida's natural resources in light of harmful impacts to these resources in other parts of Collier County. The Preserve provides significant ecological value that belongs to the public. Given the Preserve's special status, extra scrutiny must be applied when evaluating Trend LLC's application to drill a new exploratory well section. There are several potential threats associated with the proposed drilling application that must be properly analyzed so permit conditions can be put in place to avoid, minimize, and mitigate for any harmful impacts to natural resources. The Conservancy hopes you will consider our concerns when asking the applicant for further information and assurances. "Florida Department of Environmental Protection, Final Order: Five Year Operating Permit Recertification, Permit No. 1335, Recertification Date: August 9, 2017. P. 3. 58 Ibid. P. 9. 59 Caracara Prairie Preserve Conservation Bank Habitat Management Plan. Available at https://www.colliercountvfl.gov/home/showdocument'lid=40567. P. 6. 144 Conservancy of Southwest Florida 13 Application for Permit # 1335D Thank you for your time, and please do not hesitate to reach out if you have any questions. Best, /.�� CJC.l� Gladys Delgadillo Environmental Policy Specialist Conservancy of Southwest Florida Amber Crooks Environmental Policy Manager Conservancy of Southwest Florida 145 Conservancy of Southwest Florida 14 Application for Permit #1335D Attachment A60 �9 t Legend IMP N Date: 12/31 /201 S 0 0.175 0.38 0.7 Miles " Primary Panther Zone was identified by Kautz et al., 2006. Adult Breeding Habitat was identified by Frakes et al., 2015. i0 Conservancy of Southwest Florida 15 Application for Permit #1335D Attachment B61 Collier County Resource Recovery Park - Cararara Prairie Preserve 0 Impact site ansi[e Preserve Figure 3_ Qnsite aTid Offsite Preserves. 61 U.S. Fish and Wildlife Service, 2014. Letter to Army Corps of Engineers, Collier County Resource Recovery Park Biological Opinion. February 19, 2014. 147 Conservancy of Southwest Florida 16 Application for Permit 41335D Attachment C CARACARA PRAIRIE PRESERVE CONSERVATION EASEMENT , � THIS DFFD OF CONSERVATION EASEMENT ("Conservation Easement") is given thisq �'4- day of s/rr 201 J,, by COLLIER COUNTY, apolitical subdivision of the State of Florida, (hereinaAer referred to as "County"), whose mailing address is 3299 Tamiami Trail East, Naples, FL 34112, and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, INCORPORATED, a Florida non-profit corporation, (hereinafter referred to as "CREW"), whose mailing address is 23998 Corkscrew Road, Estero, FL 33928, (hereinafter collectively referred to as the "Grantors" and individually as the "Grantor"), to the Florida Fish and Wildlife Conservation Commission, an agency of the State of Florida ("Grantee"), whose mailing address is 620 South Meridian Street, Tallahassee, FL 32399-1600 (collectively referred to as the "Parties"), As used herein, the term "Grantors" shall include any and all heirs, successors or assigns of the County and of CREW and all subsequent owners of the "Property" (as hereinafter defined). The term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the County and CREW are owners in fee simple of certain Iands situated in Collier County, Florida ("Property"), as more specifically described in Exhibit "A" attached hereto and incorporated herein, with the County holding an undivided ninety-four point four (94.4%) percent interest in the Property and CREW holding an undivided five point six (5.6%) percent interest in said Property; and WHEREAS, the United States Fish and Wildlife Service ("Service"), an agency of the United States Department of Interior, has jurisdiction over the conservation, protection, restoration, enhancement, and management of fish, wildlife, native plants, and habitat pursuant to various federal laws, including the Endangered Species Act, 16 U.S.C. Section 1531, et seq. ("ESA"), the Fish and Wildlife Coordination Act, 16 U.S.C. Sections 661-666c, the Fish and Wildlife Act of 1956, 16 U.S.C. Section 742(f) et seq., and other provisions of Federal law; and WHEREAS, the Service maintains that the Property possesses or is capable of possessing ecological and habitat values that benefit endangered, threatened, or other species including the federally -listed Florida Panther (Puma concolor eoryi) (collectively "Conservation Values") of great importance to the people of the State of Florida and the United States; and WHEREAS, the Service is§ucq a biological opinion letter rsrilh exhibits (the `Biological Opinion Letter"), datedfilr o the U.S. Army Corps of Engineers (the "USACOE") after formal consultation under kcrtron 7 of the Endangered Species Act of 1973, as amended, on the USACOE's issuance of a Section 404 permit to the County for impacts to the federally -listed Florida Panther. The impacts will result from development of the Collier County Resource Recovery Park. The conditions of the Biological Opinion Letter provide, among other things, for the preservation of approximately 367.7 acres of habitat suitable for the Florida Panther and located at latitude 26126'40.2" N, longitude 81°33'30.35" W in the County (the "Compensation Parcel" or "Property") to compensate for impacts to approximately 344.25 acres of Florida panther habitat. The conditions further provide for the placement of a conservation easement on the Compensation Parcel, and for the easement to be held by the Florida Fish and Wildlife Conservation Commission. The Biological Opinion Letter (Service Activity Code 41420-2012- mi CPA-01761Service Consultation Code 41420-2012-F-0324) and the associated Management Plan (the "Management Plan") are incorporated herein by reference and on file with the Service; and WHEREAS, the Conservation Values of the Property are documented in the Biological Opinion Letter and the Management Plan; and WHEREAS, the County and CREW acknowledge that one of the conditions of the Biological Opinion Letter is the recording of a Conservation Easement on the Property in accordance with Section 704.06, Florida Statutes, which Conservation Easement shall burden the Property in perpetuity for the conservation and protection of the Florida panther and its habitat in accordance with the Biological Opinion Letter and the provisions herein; and WHEREAS, CREW is not a party to the Biological Opinion Letter, but has agreed to grant this Conservation Easement as to its five point six (5.6%) percent undivided interest in the Property thereby subjecting its interest in the Property to the terms and conditions of the Biological Opinion Letter and this Conservation Easement. CREW has further agreed to transfer and assign to the County exclusive rights to all panther habitat units, created on the Property as described in the "Agreement for Sale and Purchase," between Marilyn H. Adkins, Joan H. Bickel, Hugh E. and Judy A. Starnes, and the Grantors, effective July 5, 2007, and recorded in the Official Records of Collier County on March 4, 2013, OR Book; 4891 Page: 2907, and WHEREAS, the Grantee is authorized to hold a conservation easement pursuant to Section 704.06, Florida Statutes NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantors hereby grant, create and establish a perpetual conservation easement upon the Property for and in favor of the Grantee, which conservation easement shall run with the land and be binding upon the Grantors and remain in full force and effect forever. The scope, nature and character of this Conservation Easement shall be as follows: 1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made part of this Conservation Easement. 2. Purpose. The purpose of this Conservation Easement is to ensure that the Property shall be protected forever and used as a conservation area, consistent with the Biological Opinion Letter. The Parties intend that this Conservation Easement shall confine the use of the Property to such uses as are consistent with the purpose of this Conservation Easement and the Biological Opinion Letter. 3. Grantee and the Service's Rights. To carry out the purpose of this Conservation Easement, the Grantors convey the following rights to Grantee and the Service: a. To enter upon the Property at any time after giving twenty-four (24) hours prior notice to the County, in order to monitor Grantors' compliance with this Conservation Easement and the Biological Opinion Letter, to monitor and survey the Property for use by the Florida panther and to otherwise enforce the terms of this Conservation Easement and the Biological Opinion Letter; 150 b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and the Biological Opinion Letter, to require restoration of such areas or features of the Property that may be damaged by any act, failure to act or any use or activity that is inconsistent with the purpose of this Conservation Easement and to preserve the Conservation Values of the Property; c. To preserve, protect and sustain the biological resources and Conservation Values of the Property; and d. To enforce the terms, provisions and restrictions of this Conservation Easement. 4. Prohibited Use. Except as otherwise provided herein, the following activities are prohibited on the Property: a. Construction, reconstruction or placement of any road, billboard or other advertising, utilities or any other building or structure on, above, or below the ground, except for maintenance roads, trails, directional/educational signage, informational kiosks, benches, picnic tables and pedestrian gates through cattle fences within the Property or as otherwise approved by the Service and the Grantee; b. Dumping or placing of soil or other substance or material as landfill, or dumping of trash, waste, biosolids or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation except as necessary for maintenance roads, trails, directional/educational signage, informational kiosks, benches, picnic tables and pedestrian gates through cattle fences within the Property or as otherwise approved by the Service and the Grantee; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface; e. Mineral exploration, except to the extent authorized by the "Oil, Gas, and Mineral Lease" dated March 15, 2007 (appended to the Management Plan as Appendix D), and recorded in the Official Records of Collier County at OR Book: 4250 PG: 1445, excavation, draining or dredging; f. Surface use except for purposes that permit the land or water areas to remain in their existing natural conditions; g. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing, except installation, repair or replacement of fencing necessary for securing the Property or proper management of grazing cattle; h. Acts or uses detrimental to such aforementioned retention of land or water areas in their existing natural condition; i. Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties on the Property having historical, architectural, archaeological, or cultural significance; «I J 151 j. Alteration of the general topography of the Property or any portion thereof; k. Planting, introduction or dispersal of exotic plant or animal species; 1. Commercial or industrial uses; and in. Manipulation, impoundment or alteration of any natural watercourse, body of water or water circulation on the Property. 5. Grantors' Reserved Rights. Grantors reserve unto themselves, their successors and assigns, and all successor owners of the Property or any portion thereof. a. All rights accruing from the County and CREW's ownership interests in the Property, including the right to engage in or to permit or invite others to engage in all uses of the Property that are neither expressly prohibited herein, inconsistent with the purpose of this Conservation Easement and the Biological Opinion Letter nor likely to negatively impact the Conservation Values and quality of the Property as habitat for the Florida panther; b, The right to conduct activities on the Property, including, but not limited to, maintenance and monitoring activities, as set forth in the Biological Opinion Letter; c. The right to maintain historical drainage on the Property in accordance with the Biological Opinion Letter; d. Subject to subparagraph "a" of this section, the right to hunt, fish, hike, and engage in wildlife viewing, nature photography, natural history study, plant and wildflower identification, environmental education, primitive camping, and equestrian use upon the Property in accordance with the Biological Opinion Letter and Management Plan; and e. The right to graze cattle upon the Property to the extent allowed in the Cattle Lease Agreement of July 24, 2007, between the County and Hugh E. Starnes (appended to Management Plan as Appendix E) and thereafter in accordance with any subsequent cattle lease agreements provided the rights and extent of such future lease agreements do not exceed those of the existing lease agreement of July 24, 2007, and are not inconsistent with the purpose of the Biological Opinion Letter and the Conservation Easement nor likely to negatively impact the Conservation Values and quality of the Property as habitat for the Florida panther. 6. Grantee and the Service's Duties. Neither Grantee nor the Service shall unreasonably interfere with Grantors or their invitees, guests, and agents' use and quiet enjoyment of the Property. Grantee and the Service agree that neither Grantors nor any affiliate, subsidiary or other related parry of Grantors shall be liable for or obligated for any liability, penalty, cost, loss, damage, expense, cause of action, claim, demand, or judgment arising from or in any way connected with Grantee's or Service's conduct and/or negligence on or about the Property. 7. Grantors' Duties. Grantors shall undertake all reasonable actions to prevent the unlawful entry and trespass upon the Property by persons whose activities may degrade or harm the Conservation Values of the Property. The Grantors also shall be responsible for control of public access to the Property through measures including, but not limited to, the gating and locking of access points and the marking of entry points with signs explaining approved and prohibited access and activities on the Property. 152 8. No Dedication. No right of access, ingress, or egress by the general public to any portion of the Property is conveyed by this Conservation Easement. 9. Oblintions of Ownership. Subject to paragraph 22, below, Grantors retain all responsibilities and all obligations related to the ownership, operation, upkeep, and maintenance of the Property. Grantors shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantors. Grantors shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority, and shall furnish Grantee and the Service with satisfactory evidence of payment upon written request. Grantors remain solely responsible for obtaining any applicable permits and approvals required for any activity or use permitted on the Property by this Conservation Easement, and any such activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency laws, statutes, ordinances, rules, regulations, orders and requirements. 10. Enforcement. Grantee and/or the Service have the right to enforce the terms, provisions and restrictions of this Conservation Easement. Any forbearance on behalf of Grantee and/or the Service to exercise its right of enforcement hereunder shall not be deemed or construed to be a waiver of either of their rights hereunder. 11. Remedies for Violation and Corrective Action. If Grantee, Grantors or the Service determines there is a violation of the terms of this Conservation Easement or that a violation is threatened, written notice of such violation and a demand for corrective action sufficient to cure the violation shall be given to the putative violator as well as to the Service. In any such instance, measures to cure the violation shall be reviewed and approved by the Service. If a violation is not cured within thirty (30) days after receipt of written notice and demand, or where the cure reasonably requires more than thirty (30) days to complete and there is failure to initiate action to cure the violation within the 30-day period or to diligently engage in actions to cure the violation, Grantee, Grantors and/or the Service may bring an action at law or in equity in a court of competent jurisdiction (1) to enforce compliance with the terms of this Conservation Easement; (2) to recover any damages to which Grantee, Grantors and/or the Service may be entitled for violation of the terms of this Conservation Easement or for any damage to the Conservation Values of the Properly; or (3) for other equitable relief, including, but not limited to, the restoration of the Property to the condition in which it existed prior to the violation or damage. Without limiting the violator's liability, any damages recovered may be applied to the cost of undertaking any corrective action on the Property. 12. Acts Beyond Grantors' Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee or the Service to bring any action against a Grantor for any injury to or change in the Property resulting from natural causes beyond the Grantor's control, including, without limitation, fire, flood, storm and earth movement or from any necessary action taken by a Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Property or to persons resulting from such causes. 13. Hold Harmless. Each Party shall be liable for its own actions and negligence and, to the extent permitted by law, Grantors shall indemnify, defend and hold harmless Grantee and the Service as well as their members, directors, officers, employees, agents and contractors and the heirs, personal representatives, successors, and assigns (collectively "Indemnified Parties") from and against any actions, claims or damages, including reasonable attorney's fees, arising from a Grantors' negligence in connection with this Conservation Easement, and Grantee shall indemnify, defend and hold harmless Grantors against any actions, claims, or damages 0 153 arising out of Grantee's negligence in connection with this Conservation Easement. The foregoing indemnifications shall not constitute a waiver of the County's or the Grantee's sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by the Parties to indemnify the other for such other Parties' negligent, willful or intentional acts or omissions. 14. No Hazardous Materials Liabilitty, Each Grantor represents and warrants that it has no knowledge of any release or threatened release of hazardous materials or products that could be deemed hazardous materials in, on, under, about or affecting the Property. Without limiting the obligations of Grantors as otherwise provided in this Conservation Easement, Grantors agree to indemnify, protect and hold harmless the Indemnified Parties, as defined in Paragraph 13, above, against any and all claims arising from or connected with any hazardous materials present, released in, on, from, or about the Property at any time, or with any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the indemnified Parties. 15. Assienment. Grantee will hold this Conservation Easement exclusively for conservation purposes and for the purpose set forth in Paragraph 2 of this Conservation Easement. Grantee will riot assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state and federal laws and that is committed to hold this Conservation Easement exclusively for the purposes set forth herein. Grantee may not assign this Conservation Easement without the written consent of Grantors and the Service. 16. Subsequent Property Transfer. Either Grantor may transfer or convey its interest(s) in the Property with the prior written concurrence of the other Grantor and the written approval of the Service and to the extent authorized by the County's "Conservation Collier Exceptional Benefits Ordinance" (Ordinance No. 2006-58) adopted on November 28, 2006 as it may be amended. Grantor agrees, however, to provide the other Grantor and the Service written notice of its intent to transfer or convey its interest at least thirty (30) days prior to the date of such transfer or conveyance. Each successor in interest must agree in writing to assume all obligations set forth in the Conservation Easement, Biological Opinion Letter and Management Plan as well as assure and demonstrate to the satisfaction of the Service that the successor has the financial capacity to implement all of the measures set forth in the Biological Opinion Letter, Management Plan and Conservation Easement. Such financial assurances, which must be approved by the Service, may be provided through, including but not limited to, a trust fund or letter of credit. Each Grantor further agrees to either refer to this Conservation Easement or, alternatively, incorporate and insert the terms and restrictions of this Conservation Easement in any deed or other legal instrument by which the Grantor divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantee and/or the Service shall have the right to prevent any transfer in which the prospective subsequent claimants or transferees are not given notice of the terms, covenants, conditions and restrictions of this Conservation Easement. Grantee and/or the Service also shall have the right to prevent any such transfer whenever the transfer would result in a merger of the Conservation Easement and the Property in a single Property owner (thereby extinguishing the Conservation Easement) where there is no method or mechanism deemed adequate by law to preserve, protect and sustain the Property in perpetuity. The failure of a Grantor to perform any act required by this paragraph shall not impair 0 154 the validity of this Conservation Easement or limit its enforcement in any way. 17. Subdivision. There shall be no subdivision of the Property. 18. Condemnation. If the Conservation Easement is taken, in whole or in part, by exercise of the power of eminent domain, Grantee shall be entitled to compensation in accordance with applicable law. 19. Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstance is found to he invalid, the remaining provisions of this Conservation Easement shall not be invalidated or affected thereby as long as the purpose of the Conservation Easement is preserved. 20. Recordation. The County shall record this Conservation Easement in the Official Records of Collier County, Florida, within five (5) days of the signing of this Conservation Easement by the signatories below and shall re-record this Conservation Easement at any time the Grantee or the Service may require to preserve their respective rights. The County shall pay all costs, including but not limited to recording costs and taxes necessary to record this Conservation Easement in the public records. Grantors will hold Grantee harmless from any such costs necessary to record this Conservation Easement in the public records. 21. Modifications. This Conservation Easement may be amended, altered, released or revoked only by the written agreement of the Parties hereto or their heirs, assigns or successors -in -interest and with the written approval of the Service. Any such amendment or alteration ("modification") shall be consistent with the purpose of this Conservation Easement and the Biological Opinion Letter and shall not affect the perpetual duration of this Conservation Easement. The County shall promptly record any written modification in the public records of Collier County, Florida and thereafter promptly provide a conformed copy of the recorded modification to CREW, Grantee and the Service. 22. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and delivered personally or sent by facsimile or by a recognized overnight delivery service. Notice by either of the previous methods shall be deemed given upon delivery. Notice also may be sent by United States mail, certified, return receipt requested and postage prepaid. Such notice shall be deemed given five (5) days after deposit in the United States mail. Notice shall be addressed as follows or to such other address as either Party or the Service may from time to time specify in writing: To Grantor: Collier County Board of County Commissioners 3299 Tamiami Trail East Naples, Florida 34112 Telephone number; (239) 252-2961 Facsimile number: (239) 252-6713 To Grantor: Corkscrew Regional Ecosystem Watershed Land & Water Trust, Inc. 23998 Corkscrew Road Estero, FL 33928 Telephone number: (239) 657-2253 Facsimile number: (239) 867-3259 D 155 To Grantee: Florida Fish and Wildlife Conservation Commission Habitat and Species Conservation Division Director 620 South Meridian Street Tallahassee, FL 32399-1600 Telephone number: (850) 488-3831 Facsimile number: (850) 921-7793 To the Service: Field Supervisor United States Fish and Wildlife Service South Florida Ecological Services Office 1339 20" Street Vero Beach, Florida 32960-3559 Facsimile number: (772) 562-4288 23. Subordination of Liens. Each Grantor hereby covenants with said Grantee and the Service that Grantor is lawfully seized of its undivided interest in said Property in fee simple; that its undivided interest in the Property is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; that all mortgages and liens on its undivided interest in the Property have been subordinated to this Conservation Easement; that Grantor has good right and lawful authority to convey this Conservation Easement; and that Grantor hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. 24. FundiFunding for the management, maintenance, and monitoring activities required to occur on the Property pursuant to this Conservation Easement and the Biological Opinion Letter shall come from the Caracara Prairie Preserve Parcel Endowment Fund Trust, a perpetual trust created in accordance with the Biological Opinion Letter, and by any other means specified in the Biological Opinion Letter. 25. No Merger or Release. This Conservation Easement provides specific and substantial rights to the Service as provided herein and in accordance with the Biological Opinion Letter. These rights, among other things, prohibit the release or assignment of the rights, obligations and encumbrances established by this Conservation Easement in any fashion, except upon written approval of the Service. It is the intent of the Grantors, the Grantee and the Service that this Conservation Easement shall be a covenant running with title to the Property and that this Conservation Easement shall be binding upon subsequent owners of the Property. The Parties covenant and agree that this Conservation Easement may not be assigned, terminated or released in any manner without the consent and written agreement of the Service. Subject to paragraph 16, above, in the event that either Grantor or any subsequent owner of an interest in the Property shall convey fee title to the Property to the Grantee or to any successor of the Grantee, the Parties expressly covenant and agree that this Conservation Easement shall not be terminated or extinguished by operation of law pursuant to the doctrine of merger or any similar or dissimilar doctrine or rule of law. 26. Manazement. Grantors hereby covenant that the management of the Property shall be undertaken in accordance with the Biological Opinion Letter, Management Plan and this Conservation Easement. Such management may be undertaken by the County directly or, with the written consent of the Service, by another party, including CREW. When management is undertaken by an entity other than the County, prior to any such undertaking, the County must obtain the entity's written consent and agreement to undertake such management and to do so in accordance with the Biological Opinion Letter, Management Plan and this Conservation (D 156 Easement. The County further agrees to provide funding for such management in accordance with the Caracara Prairie Preserve Parcel Endowment Trust Agreement and from the Endowment Fund created thereunder. 27. Preserving Perpetual Rights. in accordance with Chapter 712 of the Florida Annotated Statutes or the laws then in effect, the County agrees to record a notice, as provided in Fla. Stat. 712.06, of this Conservation Easement once during the 30-year period beginning from the date this easement is first recorded and, thereafter, during each 30-year period of the Conservation Easement. The County further agrees to provide a copy of each such recorded notice to the Grantee and the Service between the 28th and 24th year of each 30-year period. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions, and purpose imposed with this Conservation Easement shall be binding upon each Grantor and shall continue as a servitude running in perpetuity with the Property. IN WITNESS WHEREOF, Gx tors have hereunto set their authorized hands this day of 261 GRANTOR: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Tom Henning, Chairman Approved for form and legality: Jennifer A. Belpedio Q j Assistant County Attorney The foregoing instrument was acknowledged before me this day of , 201 by Tom Henning, as Chairman of the Collier County Board of County Commissioners, on behalf thereof. He is personally known to me. Notary Public, State of Florida Print Name: My Commission Expires: a 157 GRANTOR: DATED: WITNESSES: CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, INCORPORATED, a Florida non- profit corporation (Signature) (Printed Name) BY: (Signature) (Printed Name) STATE OF FLORIDA COUNTY OF COLLIER STATE OF FLORIDA COUNTY OF Ben Nelson, Chairman The foregoing instrument was acknowledged before me this day of , 201 by , as Chairman of the Corkscrew Regional Ecosystem Watershed Land and Water Trust, Incorporated, a Florida non-profit corporation on behalf thereof. He is personally known to me. Notary Public, State of Florida Print Name: My Commission Expires: 0 158 GRANTEE'S ACCEPTANCE The Florida Fish and Wildlife Conservation Commission hereby accepts and agrees to the conditions of the foregoing Conservation Easement. The Florida Fish and Wildlife Conservation Commission By: Title: Date: Approved: The U.S. Fish and Wildlife Service By: Print Name: Title: E) 159 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PROPERTY TAX IDENTIFICATION NUMBER: 00053080006 LEGAL DESCRIPTION: WEST HALF (WI/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 00053080200 LEGAL DESCRIPTION: NORTHWEST QUARTER (NWl/4) OF NORTHEAST QUARTER (NEI/4) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. 160 Appendix EJ. 2007 and 2019 Cattle Lease Agreements l,r-ae . Rf =�iEM1 r THIS LEASE AGRL-.L-,R1I-,V1 cnlcrt:d iutu this- da4• c7t' 'a_-/ 2007, balwecn HUGH E. s'rARNES vAose mailing address h "ti %icii-sor Haulevard, od Myer,% Florida 33901, 'icronaficr relented to as "LESSEE". and COLLIER COLT:TY, a political suWivia;an of the State of Florida, wac:se mailing address it 33011 East Tamiarni Tritil, Nappy, Florida 34112, hereinafter referred to as 'LI .g;S( ?It". WII'NESSE3TH I ::nwcideraiinn of* [he mutual k.-Livenants etmiained herein, and other valtiablecnnsideration, the parties aproc asf.Ik-s' ARTICLE I, L)e;nised.['rCmisr�5 LESSOR hereby leases to LESSUL. and LESSEE hereby leases limn LESSOR 111rce Hundred tit�l} seven ]xtin( wvcn (367.7) acre* of Tcuperry described in Exhihii "A" Which is adwch.ed hereu) anus ins:l,` s parl. of ihis Lease, hmimafler called the "Llwrmised Peeinises', situated in the Colinty of Caldier and Me :+wale of Flvrid#t, for dk able purpose c>f cattle grazing. This LEASE AGRFFMENT may be arnencled frum time to time in order to change the size of the Demised Premises as necessary to actcxnpllsb the goals. pnlicics, anti c;kritktivea ofth,e CorLxrvWvn C;,llicr ImplemetNation Ordinitnce (6rdiitsnce 02-63, as anwndcd). LESSOR'S TepnesentakiYe (C.:4., Real E51n14 Satiate. &tail) shall adti is, LEI-',LJ >:, n writing, of Js init nt in mi:unsin:nd thru 1 1:S4C}R ;emend ENS LEASE AGREEMFNT. ARTICLE 2. Term of Lease t.E.SSEE shall have and hold the Demised hernises for a uemy elf thrtz (3) years, ccmrncncing un the date LESS(tR executes this Lsase i.P.SSEE is $anted the c4141.011, provided LLSSEV is not in default of any cd thu: terms of this I tax; ill rc;tcw same ice two (2) additional worms of isne (I) year each, under the same tern[., and tondaicmx. rKtip[ as t, 11W. TenCrl amounL as provided herein, by giving wintien notice of LES'WF:S intend ns try do so !o the LESSOR nest less Aso thirm (34) days prior ie the expirai ion of tluo lca: a iold cMale ltrreh4 t'reaie l I F'..lNOR re5."nes the riLllt to dent' LLSSI T ., in wTking, of any Tenwal term. Said ut.iibe shall be ell:cetivc ulxn pImcrncnt:+f the n.,iire in au srffr.ial depnsiirryoft6e United States Post Office. Regisiered or Certified Mall, Postage PreMattl ARTICLE 3, R-99 LESSEE' liciebycovGnank slid agrees to pay as rent fir the Dorm sell l remises the slim OP 1'Itrre Hundred and Sixty-eiglit D,.,lIaT%aril No ('enls. I:.JUS.00) per year S_id annual real shn111x laid. in full upuu thirty (M) clays from dre date in which ihis L.caw isotrcuied Ly the LU,.solt. LESSEE will al5n he Tesp;trisible for the paynwat ofaddi i i•mal icramprovidW for in ARTICLI: 5 ofth;s Letue. In the carnt (LESSEE ekes lD remw This L.ea.c, as pro-vided for in ARTICLE 3, the rent set ford+ in ARTICLE 3 shall be ineremed itilizinglbe methosd outlined N -NR ['ICLE 4: LESSOR reserves the right to writinaft No Lrata: with or wMhout cmrse, by pmiding LESSH wtlh thirty (3-9) daye written notice. to the address sa fs>rlh in ARTICLE. 14 pf ibis Lasso_ Said nulke .hall be effe»:tii,+e upon place anal: of the notice ;n an official depository of the United States. Past. Dil7m Registcrcd m Certified W!, Posaage Prepaid- ARMCLE 1. Benewul Term Rent In the event u;S$FF. elects to renew 1h,r :(.rase. as provided fm .in AtR"I IC.LE 1,. lhr row ;4•t forth in ARTICLE 3 shall br; increased for eaclL rusuina one (1) scar rt:i USI term hgr five (51 pcmenl Nora the previi;us sear, i:ompou n&d. ARTICLE 3. Uftr Ervcnsrs and [_ham LESSEE hall [my all cult, asw6ated with thu maintenance of the Dearyimel Premises anal any Ind all uditdy ehargeS, of;tpl}liC3blC. 161 ARTICLE 6. Modifications to Demised Premises Pr for to making ony changtzs, alterations, additions or imprtrvements to the Demised Promises, LESSEE. veill provide to LESSOR all proposals and ptanS for aherationi. improv-cmciaM cheng" or W-Morn (G the pemisctt Pr,mises for LESSON$ written appreral, specifying. an writmp. the nature and exterNofthr rleeirticl alteration, improvement, change, or addition, tllotrg with the contemplated starling aaaal i snnPIC1 M dens far such pn,jeel_ LE55 R or its designee will then haw sixty (60) dews wii h in which to aplxcrve or deny in writing said. rquest for chanSes. Improvements_ alicratimis -or additions. LESSOR shall mt unrunsmably withhold its zanxenl Eu required or appWiale alterations, improvcmerws, changes or additions proposed by LESSM If aher sixth- (iyo) daya this has ben no rwpoww from LESSOR or its drrignce to sail pruposails or plane, that swc}o si lrneae shall be deerrred m a denial to such rcquestl to LESSEI= LESSEE t-ovcr►anr,. and agmccs in conncctiun with my mxintrnance, repair wrnk, rTcct;rrn, cDmIractioon, ineprovLment, addition or niteratina, of any authorized modifications, arldili0nq or improvements to lh4' VLLTnised Premises to obS Tva aril ectraply with all then and future applicable taus_ ordinances, rules, rrg.alalions, and regwrrrmenls or the United States ofkherica, State of rlorida, County (if [ csllicr, and arty and all gDvurnrnrulal ,All alteratrons, irnprovernttnts and additions to the Demised Prcrrtises sill at once, %hen made or insiallLd. be devned as attached to the freehold and to TiAvc become prLperty of LESSOR. Prior t;r the wrrninaiion of this Lcose or any renewal tern thereof, or within thirty (30) aaays thereafter, if LESSOR so directs, Lr-SSEE Shall promptly rsanove the additions, improvernents� aRcrations. fixtures and installations which were placed in, on, or upon the Demised Premise€ by LESSEE, and repair any damage occasioned to the mraimd Premises by ouch mmFvat, and in default thertwf, LEMR tray complcte amid r+•mnvaIR and repairs at LESSEES expiem. LESSEE otwenmu and agrees not to urc, {?"upy, suffer or permit said Demised Prernkm or any part thereof Io be used or occupied for Any purpose contrary to tau or the rules or nulanons. of any public oulla rrity. ARTICLE 7. AcCem 12J22MI59JIMIALS LESSOR, its dimly M F&Miaed 4grnts, representatives &,A employees, shal I have the right to entcT into u-nd upon the remised Premises or mW part thereof at arty time, without notice to the LESSEE, for the purpose of examining the name and making rcp it.,. inspecting or Curing a default or nuisance, Or providing mainlenance seT-vise therein, and for the purposes of inspcctia:n fur compliance with the provisions of this Laease Agreement. If 1.1:5SC)R should rived to utilize the PrNmrty for any largo of time, for any purpupe, the MSOR shnll acly ise ihr LEA'., CE of its intentions by oral notice, A RTIC1.1: 9. Asa gilMent and gjmhMxin LESSEE emcnants anti agrees not to assip this Lrstse or to aultkil the whole or any pwrt -of the NmiSed 11rer[1iW:i. or to permit any other per,:)na to occupy swr4 wiihout the written ovnwnt of LESSM Ans such a3signrncni or subletting, even with the cotltsent of LESSOR., xh all not relicVC LESSEE from liability frx Pa_yanettt of rent or other sums Ixrein pwvided or frmm the obligation td keep and be bound by the tennis, conditions and covenants of this Lease. The Keeptanee of rent main May other psTson shell not hs doemsd to he a �,-&Ivcr ofany of the provisions of this Lean cr to be a epnSM to the rrz,,ihni'mu of this Lease or 9+blic+tin6 of the Dt:rnl:te d Premises. ARTICLE 9. Ili LESSEE, in consialeration of Ten Dollars (S14.00), the feccipt and syilicleney of which is hereby a: knowltdKed, shall indcrunify, defend and hold haamlcss LESSOR, its a2�.ellts and eorpbytxs from and against am ;rid all liability (statutory or othem-isc), demeges, 4:laitms, suits. deranods, judgments, costs, inleTest and expense, (.including, but not limited to, atlnnneyY fees and d4bursenoGnts both at trial end appcl We levels) arising. dimdlw or indirectly, farm any injury to, or dW. h of, any person or persons or damage 1p prOparty (imludi:ng kx s of ➢sr thercti f) related to (A) LESSEE'S use of the Demised Premises, (B) terry' work or thug WlratsoeveT likme, or any condilrnn atlttt.'d (other than by LESSOR, its employees, agents or conlTacto -) try or on b6alf of LESSEE iA at about the Demise,[ Premixs, (C) tray cprdition of the l?dnised Premises due to oar resulting frEun any default by LI S SEE in the perfor iante of LESSEE'S obligations trader ibis Lease, or (D) env ace, omission or negligence of LESSE}: ar its agents, conuactcws, employees, %ubtemnts, licensees or invitvt:a, In cpae any action or pnmeeding is bmug,ht ag*net LESSOR by reason of any one or rriore'hereof, LESSEE shall pay oil cow, attorneys' Cex, expenses end lidAlities resulting thervfrvin arsd shall defend such actnin *r procsWiag if LESSOR shall so request, at LES5FE4 expense, by counsel ressonAl)lly :ntisfacaiory to LESSOR. 162 The LESSOR shall. not pe I iable fur any injurer or daruage to p€rson or property crsrraad by the elerncrrts or by other perwnr in the Dew ised Premi,&x, or frorm the street or sub-aurfaee, or frem any other place, or for any interference cawwd by operatiefli by or Ior a goverrLmetttal authority in cOn,cimctlon of any public of quasi -public +ruAi. The LESSOR shall no be liable fbr any dame to OF loss Of, i,wluding Loss duc to petty 1heit, arty property, occurring a,L the T}ernised Prcmis>cs or arty part themof, and the LU'11L nines to hoW"LESSOR harmless frsun any elairns for d.amages,exeept *heft such damage or uyvey is nce result orkhe gross ngoipmce Or willful misconduct of Lke I k.SSOR or ks empinyees. ARTICLE 10.1nxuran-. : LESSEr; shall provide and maintain a farm habililY policy +*trick shall bra approved by Iba Collier .Chanty Risk 7danagem€nt Dcparimenl, for no-t less then an aMutn of One Million Dollars and Nof100 Canis J31,W,000.00) throk3gWLLt the term of any renewals thereafto this Agreement in addition, LMEE shall provide end mikintein Worker's Com;xnsadan Insurance rvYering all crnpk.=s meeting SLatutary Limits in carnpliance wilh the applicable state and federal laws. The covcra};e v wU incLude Employers Liability with a miniMLLnr limli of Otte Hundrod 1 hnur nd Mliars and No1100 Carer 1;3}39,444,t}Ol earth accident. Such imurancc poliq} ics) s3-11 list Collier Courtiy as an adtllLiorol mrwvd iheman. EWideDet cif sadh insurance shall be provided to the Calker CourAy Risk 1rrfarkagartCtln UL:partmarrL, 3391 Cwk Tamismi Trai, AdminwT06011 Building, Napks, FLorida, 34112, ffir.. appeousi prior Io 1he Lpomnserrcrsnml of this Leas Agreement; and :hall include a provisiOn-quiring ten 00) dayi prior written mAivc io Collier County ck County Rn:k Munagem€nt EkTaarneat is the event of cancellalkn areherkps irk policyties}twvarW. LBS9DR r, ervLzs ncc right lt} rcasunablL amend the insura,L. c r%qu irorncnts by Luvanae of native in writing to LESSEE, whercupon mccipi of such nnLice LESSEE shell have Lhiny (30) days Irk which to ablain such addiderial irtsuranat. ARTICLE I NIMnLenancc LpSSEi:- at i I s sale cost and exrtst al expense, shall ema. ifrready existing,arld malramia a fexss e eeplahle to LESSOR aruuisd rhos area ni Lhe Nmised P—Lvas which shall cDnleln any calk. This feneingisMmital in retalrring cattle and prr<4crrting cWkL frtm3 eceuLing 0frof tho i}eeniscil Prrntisea. LESSEE shall, at its sole cost And expense, keep tli5 Dtmioad Prcw4ft lAcan A all tiw4s- If said Demised Pternliws are nol kept clean in the opiriltm of LESSOR, LESSEE'S manager well hC so edvlKd in tinting. If i mcvive atliun is not taken within twenty (20) days of khe m*lpi of such nonce. LESSOR will cause Ibc writ@ to ba cleaners and ccTrectexd and LESSEE shall asxnLne and pay al I nccL:ssury cleaning vows and such cesta "ll constitute additkamal rent which shall be paid by LESSEE wilhin in (10) days of FCCeip9 OF written moticeorcom incurred by LESSOR. The LESSEE, at its sole easy, shall repair all darns a Lo IILc Ikmiscd Prcmiws- caul d by L'PSSFE• its Qnployem agcrus, independeaLt contractors, guesis, ,nvilms, I iccnsee3, and petroas• Ibc LESSEE, at its sole sort, sULL terno3'e fmm Lhe Dena isctL pmnLLs. s L.n aecrerdarnu with all' spplxahle rules, Ltrwz and regulations„ all solid, ltgaid, scnsisclid, and s=oas trash acid wa:iw and TUIVie of any nature wlv[L ,oevcr wtrit h nr Lgirr accumulate and arist: fret® tho operaliotrs+sf tilt LL•'SSEUS bmine5s, Such trash, AzAe and rcl'usc sha11 be stored in clased cnntainigmappraved by the LESSOR. AR11CLb 12. Moult by LESSEE Faihrs of USSLL- to comply far thirty (31D) days wlih any material provision or covemrit of this Leans *all oms&At a default. LESSOR may, al its option, tctmirate thls Lease direr thirty (10} days writtcn,xtire to LF.SSL'sE, unless the dafauli be cured wilhin the notice parted (ter Stich additional time as is reasonably tequired to cormt such dlelbult). Howcva. L%r pcc+trrwtx ofany or tin following evortts shalt cnnstilutc a dchah by LESSEN:, arld this L.oasc may he irmtnedimely terminttccd by LESSOR: (a) AbandonanelofLiemised Fremism ordimontimWkrtofLESSEE'S op-e-ti— (b) Felsi.Gcatinn of LESSEEor sn agem of LESSEE ofarry rrptrt rryuircd io be furn6hodta LESSOR p 3-NL1ant t4mbe terms of this Leese, (e) Filing of ll Mvmcy, rwxpfiixaikm plan or arrangemenl ur t*isknmptoy. (d) Adjudicadua at; bankrupt. (e) Malting 4f a ggrratsil asargrrrnunt far Elbe bcntfit of creditors, (1) If LE ME suffers thit Leanc to be -taken wider any writ of L %ewdon. 163 lls the went of the occurvenee afany of lie Fongok%defaults in this AK'l'l :I.F., 1.1-NNOR, in addition io any otheT rights aced reritdics it may lrave, shall have the dunm a diatc right to rc-ent. r und rcmo+c all I umin, and properly grunt the Demiccd Pr misoex. Such property m&y be Tcrnoved and stored In a puhlic warehouse or C S"- hers at the eLIat i�f and far the account nr LESSEE, aill without scry ice of mode% of rL� sin to Ivgul pmcex% and without being decrnedi guihy of trespass, cc being. liable for any logs ar dtunap:,_ which nwy be o ccask--ned thereby. The LESSt]R may at its option terminate hn is Lease after receipi by LESSEE of thirty (3 D) day" not.ici do writing if a lien is filed against the property llT the lusLwlwld iitcrto of the H.I:tiSt:L, and nit rt•mo+ed within thirty {.lD) days by LESSH, pwrsiranr to the Floridu NUhanles Lien Lawn. Tf LESSEE toil c to pay the rental amc int or any addati%jnal CtIargn whcn +ftrc Ice I-ESSOR as spc;,il fed in this Leatx, and if said alnjunts rcrnoin un-paid f6y Inor<. t-ixn ten (10) days past the due date, ncu LESSEE shall pan Lt_:SSt>R a late piayrncPI ;;haTg_ Lquni to five (5) percent ofany pay'meni not paid TuoinptJy wiwn due. Any amounts not paid prnnrptl% uher, drlr shall also accrue ccmpnunded interc;t of tuty (2 } percent per rnixnth or the higliv r interest rate then alhnwed by Florida law, whiclact•cr i5 higher, which interest,'hall be paid by LUS'SrB to LESSOR. ARTICLE 13. Default Fy LESSO LESSOR shall in no evcril be diargcd with dcfaoH in Etc perfsxman;e 5ftrny col' iLx ubligrti ins hersundcr ttrdm end until LESSOR s3lall ha+•r failed I pcTfurrrt Such obI igatinns w al -in Lit irty i301 dugs {c'T ;rt I -FS'1- )K' S Yale dlwmiun, such additional tirnc its jaw Ieasol!abh required to L-:Mc':;t such dei�31311) afar rK+tioc Lti LL'S-Y W by LESSEE properly pec,fving whercin 1:1:1SCIR has fai3ed to perltunl asry ' uWh obl,. itiorrs ARTICLE 14. juice Any naticc which LESSOR or LESSFF may be Tequirod to givt lu Llyc other parry shall be in %writing rk the otkr parry at the following addrmes! LESSOR: LESSEE - Board ofCmmq Cflmmilaskincrii Mr. Hugh E. Simmer c10 Real Property Mgrnt DW. 3115 McGregor f3*ulevard 33I'll Tsmiami Troil East Fort Myets, Florida 33401 Adrn inislralion Building Naples, Florida 14112 cc_ (')Mca ofthc County Attorneys, 3301 Tantiami Trail Fume, Naples, Administration building. N"Ies. Florida 34112 Consenrratiatt Cattier C000ditrlm r, 3301 Twismi Ti nil Ensi, Naplc;, C'nl tier Cowq Facilities Manargerftent Dept, Napki, Florida 34112 ARTICLE IS. Surrender Q f FIGm kc& LESSEE shall ranove any Insprovemu%a cuinplcLcd by I.F.SSI_F. prior to the cxpiralio a of this Lesase and shall deliver up and surrender to IT'NSOR pasrsession tf the Deem ed I'renriises and any improwemrnts rat renloti'ed upon esplration of this Lxaac. cr its porker [ermiNation ie herein providbd, in a► good condition and repairass the same shall ha it the cornmencenlenl of tfxr writ of Lhis L,cuij, sir ntay have teem pot by LESSM or LESSEE during die .cinLinver," thercof, ordrnary wear and tsar and dnrnnge by frrc cw the clemetNs lt4'yQltd LESSEE'S control cxceptedt ARTICLE 16. GcrieraJ ?MYisitM LESS12C @giros wcentnin caul€ within tine Vtiniscd Premms and present catllc faun roaming oft irf Line l7cmised Premises. LESSEE shall [--e allowed to Tnaintain no plow than one hundred [Tilly} head of cattle nt Um Demised Premises, LESSEE shall have the right to comp tivemight on the llrinised Prcmise3, at LESISEB'S own risk, clod shall be required to ubtain any nccessan• l^crntim if rcquirrd, far this usc. LE.S$8E declares that he is licensed to operate a 22 caliber rilille and LESSEE, nckrioih INtes use of fiat rifle nnly when decmrd ipcccssiry as lu destroy sick cattle, LEytiFF acknuwlodge%that there shall be no bans hu Miing or mydislmnsalicm of lircatrns b+ LESSEE or his w, Hocc; upun She Damcd Preen iscs- 164 I.I`SS'EE fully undderKtands that lhr Fx5liee and law cnrbrr,�mcnt veeurity prolevic-n prkl%ildcd by law enforcemestt ageneles for the above-mitt-ietleod Nmised Pruirilses is limited try Thal Provided to anv Iai.her 1 u%ine°sK or agency sitw;ted In Collier County, :IILd ackn0N%'11rdtes th;d an%' SpNio.l ".-CatMV IntaSurrs d€CmCi necessary forsuitlttlonal prot-ceiion Ur[ILe DemIscd 1'rernke.% Nhall be the sale mspuri&lbllIto :and crl t or LESSEE jmd Aa1L involve rw v:,Nl or expense icy Ll;.S.V)R. LESSEE exp;"Jy agrees kir dtself, its. SL,ccc55W ;sodagsuIrm to Teftoin From wiry um of ENc Dccrni-adl Premiers which watdd irtw(eTe %vith or adwerscly affrct the operalion dr mailftnance of LESSMS scondard operilons uheTc 1L1111V operations shnre voIlnmon facilitics. (g) Rights not specifically granted the LESSEE b - this Lcaxe are hmtry rcwrved to the LESSOR. �(bj LESSEE ;igrccr Lb E+3}' hE cZICK 43:L iposcd on the rental or the Mm2.ed Prenikes wherr. ,1rpl*table under law. (e) LESSEE agreci to pars all. intangible punii;rral prop 4ny taa;93 [bait tnay bc irnpn,,cd dur to the crreolron, by this l.e;e;e, I)f a Irasch ald "Loete51 in the Dcm"Lwed Premises or ILMEFS possession ul saki leasehold in4exest in the Dcmvscd PieniNei (d) LESSEE; ska11 nm pr:r f orni any cnvit' MMrCntsl piroper7y rnanucnj .nt icxneS, sateh as, bW neat lilriiled W bum'inj' or refna 'al )t'vup;Eatloa, unless priorapprouol is gwnled b%. LESA.)R (e) i.L F:F: aeknowlcdte•; that LESSOR may alL,a%- liinitcd ica.sunid hunting kinder the suprrvisicrn or the Fi-xida Wildhfu acid Con5erv:a1iarr C timmi55iop uptrtt'the Nmiscd PTeiSti.ieS. (l) LESSOR m,Ly a-npagc. a R.;;nge Ctirjscnati4rii%t Lo develop a lmig range ntarkigcmoll F;l:lry far the DcTnisvd PrCmi:i�+. LESSEE' acknil*°ledges that he ;,:.II c:}oF~er 1c ktiith t,ESSI_iR and arty plars that rn� dcvc lop for the 11cm Ved Premises a% ;I. ICSLItt of future l,lantiina. LES51'F al -Ski aCkn akI 'JFcK lhal LESSOR may clact trl Iiiicc. rlic. cvaluaiud raaro p I«r iningati� �n purix5A.. ARTICLE 17. txl r .ritc_,'rrs LESSEE represents, war-yants and nprees to ineCrnniFy, reirnturse, defend and hold hannucss LLSSOR. fr�dnl and ageiinst 411 caso (inOuri,ng I;aL%rne)'K 1�eL'• a3 ;ert.cd al{.37nA, iitt�.`oscd on t:r i;t��iirre�l �} I.1.�w431� �lireCilx dw indirectly irurr nt tD Dr in 4lmrreciion v4Rh [he 3ppliootkSn i7t an}' i4 rn�l, Kralc, J�•e11 r cCmn,rn holy ;clrating 11upolludion or proWfion of11,e envirtiOM01 .ARTICLE. 19. E':11cn ien All per%onK to whom lhest pr€senis rna% carne are. pul ury�n ntttigv fif the fact that t11t ji",Mc41 of the l_E,;S0K in the C�Lm�vW Prcmiw..s %hall riot e.. s14hICz[ io Ilk, 5 for nspto+o nienix made by the 1,I':titiF.F.., and hens for irnprov<menis made tvy the LESS LI•. Lv C;pecif.arlly 1yoh.ibited 17;_nn attaching w% ar hct:oMing a hen on the interest ,%f the 1.1•:'_4SOR in the Demii�cd Premises or aoy� Tart of eWher. This i4o im is L``vn pursLant to the provisions t; f ;old its Ci!mp` ia,= withSection 713.10E Florida &k tk%a ARTICLE 19, CIE No faihQ OMBSSOR to cnforosamy Items err exid otih n% herein shall he cllcemed to be a wsi r- ARTICLE 20. E(1`ectnrt t 2tcl is This Leese gall beCoMe cffd CLive '.,pOr; cxeLvticm by both LESSOR and LESSEE AK1nCL,F,21..: C,ayminl,�ppt Th6 Luse shall be gGvcrwd and constmcd iris rdonce Wwh 00 lawstafthe SM of Fluridit. 165 TN w6TNE:ss v'lNEFkFDE, w ham heFewdrr Pm forth Owirb*nda •nd ra2lmL AS TO THE LESSOR: �{ DATEDD. IDROCXI MitTP'' C f Hr ClCFFILL RoARD OF CO+LNTY Ci_iM141144 'I R 4 CVLLJERCC JfNT .ARM BY: a,fill'IE$ _ Ali TO LUS5EL' L7ATEI?_ l o- FrNESS(iisea6Frej MIMI E- VFARNrS ZA)s) Approw9d aF W 6nnn.ird is 71 ii IL3[I�0[j': Jt:niWar A. C-o" Amu cy PROPERTY TAX IDENTIFICATION NUMBER- OOD53DBNO6 LEGAL DESCRIPTION WEST HALF (W112) OF SECTION 3D, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER_ 00053080200 LEGAL DESCRIPTION: NORTHWEST {QUARTER (NW114) OF NORTHEAST QUARTER (NE114) OF SECTION 30, TOVVNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORLDA. EXCEPT SELLERS RESERVE ANY OLL, GAS. AND MINERAL, RIGHTS OWNED BY THEM AS SET FORTH IN ANY PREVIOUSLY RECORDED DEED. 166 MEMORANDUM Date: January 23, 2019 To: Molly DuVall, Environmental Specialist Conservation Collier From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Caracara Prairie Preserve Cattle Lease Agreement w/Labelle Ranch, Inc. Attached is a copy of the agreement referenced above, (Agenda Item #16D9) approved by the Board of County Commissioners on Tuesday, January 8, 2019. If you have any questions, please feet free to contact me at 252-8411. Thank you. Attachment 167 Co*-_ County Cattle Lease Lease# CC-103 LEASE AGREEMEENT THIS LEASE AGREEMENT entered into this S+hday of 2019, between LABELLE RANCH, NC. whose address is 1210 SW 2"d Ave., Okeechobee, 34974, het fter referred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, Naples, Florida 34112, hereinafter referred to as "LESSOR" WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE L Demised Premises and Use LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Three Hundred Sixty Seven and Seven Tenths (367.7) acres of property described in Exhibit "A," and shown in Exhibit "C", which is attached hereto and made a part of this Lease, hereinafter called the "Demised Premises," situated in the County of Collier and the State of Florida, for the sole purpose of cattle grazing and incidental activities that are directly related to beef cattle production. All animal husbandry principles and practices applicable to the property and efficient use of grazing resources shall be followed at all times. The LESSEE shall be responsible for the establishment and implementation Of sound grazing practices based on the best management guidelines of the U.S. Department of Agriculture's National Resources Conservation Service (EXHIBIT "G"). Consistent with its status as a tenant the LESSEE will have exclusive use and possession of the Demised Premises, however, the LESSOR may, as specified below: (i) alter its boundaries and/or (ii) make use of portions of it for hunting, public access EXHIBIT "I", and other activities consistentwith the Conservation Collier program, as described below in this Article I and in Article 16(d). LESSOR'S use shall not, however, interfere with LESSEE'S permitted use of the Demised Premises, nor expose LESSEE to liability to third parties based on the use that LESSOR is permitted to make of the Demises Premises. The Demised Premises is leased in its "As Is, Where Is, and With All Faults" condition. LESSEE has examined the Demised Premises to its complete and total satisfaction and accepts it in its present condition. LESSEE - has had adequate opportunity to investigate the laud use and zoning of the Demised Premises and is satisfied that it can use the Demised Premises for LESSEE's purpose. This LEASE AGREEMENT may be amended from time -to -time in order to change the size of the Demised Premises as necessary to accomplish the goals, policies, and objectives of the Conservation Collier Implementation Ordinance (Ordinance 02-63, as amended). LESSOR'S representative (e.g., Real Estate Services Staff shall advise LESSEE, in writing, of its intent to recommend that LESSORatnend this LEASE AGREEMMNT. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of five (5) years, commencing on March 1, 2019. LESSEE is granted the option, provided LESSEE is not in default of any of the terms of this Lease, to renew 06 J "i Co a- County same for two (2) additional terms or one (I) year, under the same terms and conditions, except as to the rental amount, as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. LESSOR reserves the right to deny LESSEE, in writing, of any renewal term. Both LESSOR and LESSEE reserve the right to terminate this lease, without cause, by providing the other party with at least thirty (30) days written notice to the address set Forth in ARTICLE 14 of this Lease. LESSEE and LESSOR reserve the right to terminate this Lease, with cause, upon default by the other party as described in Article i2 and in Article 13, after any cure or grace period during the entire term of this Lease, by providing the other party with thirty (30) days written notice to the address set forth in ARTICLE 14 of this Lease Upon termination of this Lease by either party, LESSEE will have sixty (60) days to make arrangements to remove the existing cattle, during which sixty (60) days the cattle must remain. LESSOR will remit to LESSEE any prepaid and unearned rent for any period that exceeds sixty (30) days after such 60 days. During the sixty (60) day period that LESSEE remains in possession after termination, LESSEE shall continue to have said mowing obligations as described in Article 3 or may pay rent prorated at the amount described in Article 12, however, LESSEE shall not be liable for any interest thereon as described in said Article 12. Such mowing or rent obligations shall cease when LESSEE vacates the Demised Premises. All notices shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent the annual sum of Seven Thousand Dollars Eight Hundred Seventy -Five Dollars and Thirty -Five Cents ($7,875.35) for grazing Thirty -Five (35) Animal Units (A.U.) within the Demised Premises plus or minus Two Hundred Twenty -Five Dollars and One Cent ($225,01) for A.U.'s in accordance with ARTICLE 16. LESSEE must certify to the Collier County Preserve Manager the maximum number of A.U. it is keeping on the Demised Premises at the time the LESSEE submits its Lease payments. Annual rent shall be paid in full on March 1, 2019. LESSEE will also be responsible for the payment of additional rent as provided for in ARTICLE 4 of this Lease. Collier County may require downward adjustments or allow upward adjustments to the maximum allowed A.U. that will be provided in writing no less than (60) days before changes are to take effect. In the event LFSSF,E elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth in ARTICLE 3 shall be increased utilizing the method outlined in ARTICLE 4, ARTICLE 4, Renewal Term Rent In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth in ARTICLE 3 shall be increased for each ensuing one (1) year renewal term by five (5) percent from the previous year, compounded. ARTICLE 5. Modifications to Demised Premises LESSOR will conduct a Baseline Inspection within 90 days of March 1, 2018 to establish the condition of the Demised Premises at the start of the Lease, Upon expiration or termination of this Lease, LESSEE will return the property to the County in the same or better condition as described in the Baseline Inspection Report, (EXHIBIT H) x J Co er County Prior to making any changes, alterations, additions or hnprovements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR, or its designee, will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR, or its designee, to said proposals or plans, then such silence shall be deemed as a denial to such request to LESSEE. LESSEE must maintain all fencing and gates needed to contain cattle or to protect water resources. Any repairs or modifications made to existing fence infrastructure must be in compliance with LESSOR's standards and materials as contained in the Specifications for 4-Strand Barbed Wire Fence Construction EXHIBIT "F"). LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and all governmental agencies. All alterations, improvements and additions to the Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or withhi thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. LESSEE shall not at any time set, or cause to be set, any fire on the Demised Premises without prior notification to the Collier County Preserve Manager. The County may grant or refuse permission for a prescribed burn in its sole discretion. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right to enter into and upon the Demised Premises or any part thereof at any time, without notice to the LESSEE, for the purpose of examining the same and making repairs, inspecthtg or curing a default or nuisance, or providing maintenance service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. If LESSOR should need to utilize the property for any length of time, for any purpose, the LESSOR shall advise the LESSEE of its intentions by oral notice. LESSEE must not hunt, trap, fish or eapturc any wildlife upon the Demised Premises or allow others to do so unless; (1) the Demised Premises is established by the Florida Fish and Wildlife Conservation Commission as a public hunting area and hunting occurs in compliance with the laws and rules established for that area (EXHIBIT "J"); (2) LESSEE obtains prior written approval from the Collier County Preserve Manager. ARTICLE 8. Assieument and Sublettin LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without written approval from the LESSOR 170 Ca er c mwy Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to he a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 9. lndemni LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising directly from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. It is acknowledged that in accord with the terms of this Lease (i) certain uses may be made of the Demised Premises by the LESSOR and (ii) LESSOR may permit third parties to make use of the Demised Premises. The Demised Premises is unimproved agricultural pasture lands and/or naturally vegetated areas. LESSEE'S responsibilities for maintenance in accord with Article 11, and its responsibility and liability to LESSOR under this Article 9 are and shall be based on the standards of care required of a tenant of lands having the forgoing characteristics and uses and an absence of business invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting there from and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by Counsel reasonably satisfactory to LESSOR. The LESSOR shall not be liable for any injury or damage to person or• property caused by the etements or by other persons in the Demised Premises, or from the street or sub surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi -public works. The LESSOR shall not be liable for any loss of livestock, livestock operation, equipment, improvements, or any other property of LESSEE resulting from any public use, The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any partthereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct ofthe LESSOR or its employees. ARTICLE 10, Insurance LESSEE shall provide and maintain a farm liability policy which shall be approved by the Collier County Risk Management Department, for not less than an amount of One Million Dollars and No/100 Cents ($1,000,000.00) throughout the term or any renewals thereof to this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws, The coverage shall include Empioyer's Liability with a minimum limit of Three Hundred Thousand Dollars and No/100 Cents ($300,000.00) each accident. Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a 171 Co I�er County provision requiring ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage, LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional insurance. LESSOR shall maintain such liability insurance, or self -funded liability reserves, as are appropriate to protect itself and LESSEE from third party claims based on use of the Demised Premises that the LESSOR is permitted to make, or allows third parties to make, in accord herewith. ARTICLE 11. Maintenance LESSEE shall be allowed to store, within the Demised Premises, in a location approved in writing by the Collier County Preserve Manager, any functional maintenance equipment and supplies required for activities directly related to beef cattle production on the Demised Premises. LESSEE, at its sole cost and expense, shall mow the two hundred and five (205) acres of improved pasture within the Demised Premises a minimum of one (1) time per year (EXHIBIT "D"). LESSEE may roller chop specific areas of pasture when needed to control exotic and woody plant growth. LESSEE will notify the Collier County Preserve Manager before undertaking mowing or roller -chopping activities, Any off -site mowers or other equipment must be cleaned thoroughly prior to entering the Demised Premises to prevent the introduction of nuisance or exotic plant species. LESSEE shall develop the mowing schedule and include variables such as excessive rainfall, drought or other unforeseen conditions, and provide such schedule to the Collier County Preserve Manager. Each individual improved pasture within the Demised Premises may include mincral feeders, supplemental feed trough, and molasses feed tanks to control cattle concentration areas. A map of existing fencing and pasture configurations can be found in EXI-ITBIT "E". No outside hay may be brought into the Demised Premises to prevent introduction of nuisance or exotic plant species. Rotation of cattle shall continue throughout the year on a scheduled basis. In the event there has been an extremely dry and cold winter or an exceptionally wet season, the cattle wilt be managed by LESSEE to fit the available Forage. LESSEE may not fertilize improved pasture areas. Unless specifically authorized in writing by LESSOR in advance, plowing, ditching or digging of water holes shall be prohibited. LESSEE shall, at its sole cost and expense, keep the Demised Premises free firm debris, litter, abandoned equipment and vehicles, and the like, at all times. If said Demised Premises are not kept free from debris, litter, abandoned equipment and vehicles, and the like, in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within ten (10) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of ousts incurred by LESSOR. The LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, and patrons. The LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all applicable rules, laws and regulations, all non -naturally occurring solid, liquid, semisolid, and gaseous trash and waste (but not animal waste) and refuse of any nature whatsoever which might accumulate and arise from the operations of the LESSEE'S business. Such trash, waste and refuse shall be stored in closed containers approved by the LESSOR. 172 Cower County LESSEE shall make monthly inspections of fences and gates used to contain cattle and make repairs to the fencing as needed in compliance with LESSOR's standards and materials as contained in the Specifications for 4- Strand Barbed Wire Fence Construction (EXHIBIT "F"). LESSOR shall be responsible for all invasive exotic plant maintenance treatments and prescribed burning of non -pastureland habitats within the Demised Premises, LESSEE must not apply or allow application of agricultural chemicals including herbicides or pesticides on the Demised Premises without prior, written approval from the Collier County Preserve Manager. if the County approves a request from LESSEE, LESSEE must, at a minimum: (1) comply with all federal, state and local laws, best management practices, regulations and guidelines including those administered by Florida Department of Agriculture and Consumer Services (FDACS); and (2) comply with any other condition of the Collier County Preserve Manager written approval. LESSEE shall be responsible for providing to the LESSOR, on an annual basis at the time of rent payment, an inspection report of the property and its operations. At a minimum, the report must include the information identified in the Annual Cattle Information Report (EXHIBIT "B"). LESSOR/ Collier County Preserve Manager shall visit the property at least semi-annually to evaluate the management and grazing operation. The LESSOR/ Collier County Preserve Manager and the LESSEE/Managing Partner shall meet annually to review and, if necessary, revise any grazing and/or pasture management plans. LESSEE shall report any violation observed pertaining to rules and regulations promulgated by Collier County or the Florida Fish and Wildlife Conservation Commission. LESSEE shall immediately report any incidence of the following: • Fire Vandalism • Theft Poaching • Trespassing • Any hazard, condition or situation that may become a liability to the County or may be damaging to the property or improvements on the property. LESSEE has no affirmative duty to actively monitor conditions for discovery of such activities. Any expense related to utilities used solely by the LESSEE shall be paid for by the LESSEE. ARTICLE 12. Default by LESSEE Failure of LESSEE to comply for thirty (30) days with any material provision or covenant of this Lease shall constitute a default, LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. 173 Coll%r Country (c) Filing of insolvency, reorganization, plan or arrangement or bankruptcy. (d) Adjudication as bankrupt. (e) Making of a general assignment for the benefit of creditors, (f) If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to enter and remove alt persons and property from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and far the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass or being liable for any loss or damage which may be occasioned thereby. LESSOR may, at its option, terminate this Lease after receipt by LESSEE of thirty (30) days' notice in writing if a lien is filed against the property or the leasehold interest of the LESSEE, and not removed within thirty (30) days by LESSEE, pursuant to the Florida Mechanics Lien Law, If LESSEE fails,to pay the rental amount or any additional charges when due to LESSOR as specified in this Lease, and if said amounts remain unpaid for more than ten (10) days past the due date, the LESSEE shalt pay LESSOR a late payment charge equal to five (5) percent of any payment not paid promptly when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2) percent per month or the highest interest rate then allowed by Florida law, whichever is higher, which interest shall be paid by LESSEE to LESSOR. ARTICLE 13. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or at LESSOR'S sole discretion, such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 14. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: Board of County Commissioners c/o Real Property Management 3335 Tamiami Trail East, Suite lot Naples, Florida 34112 cc: Office of the County Attorney 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 Conservation Collier Program Coordinator Golden Cate Community Park LESSEE: Mr. Maclean Pulitzer Elite Office Services of Okeechobee, LLC.. 1210 SW 2"d Ave. Okeechobee, FL 34974 cc: 174 Co er County 3300 Santa Barbara Blvd. Naples, FL 34116 ARTICLE 15. Surrender of Premises LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this Lease and shall deliver up. and surrender to LESSOR possession of the Demised Premises and any improvements not removed upon expiration of this Lease, or its earlier termination as herein provided, in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE agrees to contain cattle within the Demised Premises and prevent cattle from roaming oft' of the Demised Premises. LESSEE shall give oral notice to the Collier County Preserve Manager at least three (3) days prior to any planned cattle round -up or additional cattle release, to allow the Collier County Preserve Manager the option to observe the cattle round -up or release. LESSEE shall maintain no less than Fifteen (15) and no more than Thirty -Five (35) Animal Units at the Demised Premises without written authorization from LESSOR. Increases to the maximum stocking rate shall be subject to acceptable range conditions and as determined by the Collier County Preserve Manager. Animal Units will be established based on the following table: Table 1: Animal Unit Equivalent Guide Species Average Weight (pounds) Animal Unit Equivalent AUE Cow, dr-y 950 0,92 Cow with calf 1,000 1,00 Brill, mature 11500 1.35 Cattle, I year old 600 0.60 Cattle, 2 year old 800 0.80 LESSEE shall have the right to camp overnight on the Demised Premises, at LESSEE'S own risk, and shall be required to obtain any necessary permits, if required, for this use. If LESSEE should elect to destroy sick cattle, any use of firearms shall be permitted by LESSOR so long as LESSEE is legally permitted to possess such firearm in the County of Collier and / or the State of Florida, as applicable, LESSEE acknowledges that there shall be no game hunting or any dispensation of firearms by LESSEE or his invitees upon the Dernised Premises except as specifically allowed under this Lease. LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. 175 Co isr County LESSEE expressly agrees for itself, its successor and assigns, to refrain fi•otn any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR, (b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. (c) if applicable, LESSEE agrees to pay all tangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. (d) LESSEE acknowledges that LESSOR will allow limited seasonal hunting on the Demised Premises under the regulations of the Florida Fish and Wildlife Commission CREW Wildlife Environmental Area. ARTICLE 18. Extent of Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 19. Quiet Enioytnent Subject to LESSOR'S rights provided in this Lease, LESSOR covenants that LESSEE, on paying the rental amount and performing the covenants, terms and conditions required of LESSEE contained herein, shall peaceably and quietly have, hold and enjoy the Demised Premises and the leasehold estate granted to LESSEE by virtue of this Lease Agreement, ARTICLE 20. Waiver No failure of LESSOR to enforce any terms or conditions herein shall be deemed to be a waiver. ARTICLE 21. Effective Date This Lease shall become effective on March i, 2019. ARTICLE 22. Governing Law This Lease shall be governed and construed in accordance with the laws of the State of Florida. ARTICLE 23. Assignment LESSEE shall have the right to assign this Lease to a legal entity owned or controlled by LESSEE. LESSOR must be advised of any such assignment in writing. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. 176 ASTO 1111-: LE{SSOR- vn l 1,1): � P-5) VR. A 1 [TS'l : CRYS I AL. K. KjNZ.H r Atesl i)5 t0 y iet .ioua t' only. !)111.11 0-1 NA I Oy (Signature) J I Pi int Name) (Signaturc)� -- - 1 ['riN ama) Approved as to ftonn and legality F-, CAEfiev (7-0"Hty BOARD OU ('Ol ' M1SSIONGRS C01.1.11.1t ;ctl , L{,c1Rf BY: _ W. L. McDaniel, Jr., Chairman I.A13P.L1.1: RANG 1, [N('. 13Y;o� �1 Maclean Putitrer. President Jcnn er A. 13ClpcdiL) Assistant County Attor 10 N2 177 Collier County Exhibit "A" (Legal Description of Demised Premises) PROPERTY TAX IDENTIFICATION NUMBER: 00053080006 LEGAL DESCRIPTION: WEST HALF (WI/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 00053080200 LEGAL DESCRIPTION: NORTHWEST QUARTER (NW1/4) OF NORTHEAST QUARTER (NEI/4) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. EXCEPT SELLERS RESERVE ANY OIL, GAS, AND MINERAL, RIGHTS OWNED BY THEM AS SET FORTH IN ANY PREVIOUSLY RECORDED DEED. 11 178 Co er County Exhibit "B" (Required Information for Annual Cattle Operation Report) For each field: Date animals are moved from one pasture to the next. Name of herd. Number of animals in the herd. Field the animals were moved from. Field the animals are moved to, Notes on forage conditions when animals are moved into and out of each field (i.e. forage licight, forage quality, weeds, insects, etc.). Body condition score of animals when they are moved. Notes on management activities that have been conducted, such as when supplement feeders were moved, and when supplemental water sources were cleaned or repaired 12 �l J 179 co gY county Exhibit "C" (Property Boundary Map) Conservation Collier: Caracara Prairie Preserve w. Co krCawNry Q ° m CaracaraPralrie Preserve �G7.7 ac e 1,M Feet 9 13 N Co ev County Exhibit "D" (Caracara Prairie Preserve Pasture Map) Caracara Prairie Preserve Pasture Map 0 Boo 1,000 Feel II Legend - OalaSO,—. 200E AOMNA PnicoIs CaNnr C-911 Plupoiy Appraber '�' �`' Pasture Cun t-11an Lands-F W. N.1-,1 A,vas hrrnnlwy Ouod by: ConWNA Con4,n M. HsPn'q ' Preserve Boundary G:,Cansa G1WCallkrbroMnpplkoW---andWl1-0-0UE11WK141noes,E,.6.Mnp.-dandjpp Clala: Feb. 20" 14 TQ 181 eogY cau ty Exhibit "E" (Cattle Fencing, Water Sources, Service Roads and Access Gates) Caracara Prairie Preserve- Cattle Lease Caracara Prairie Preserve Fenceline Public Hiking Trail . ��yL— 0 250 500 Fael ® Gates • Water Sources Service Road ,I L----, I 15 182 Ci0I11 BY coul4ty Exhibit "F" (Specifications for 4-Strand Barbed Wire Fence Construction) �' BnThcll xin JJ �' �Smmlh Hire n Fence Line Clearing: 1. A fence line clearing devoid of all shrubs, trees, and stumps shall be established sufficient to set posts, erect the new fence, and permit full range of travel for all gates, 2. Any earth disturbed during line clearing shall be returned, as close as possible, to the area's original grade. 3. All removed vegetation shall be properly disposed. Vegetation may be burned on -site with permission of the LESSOR once all necessary permits have been obtained. If not burned, all vegetation shall be disposed of off -site and evidence of proper disposal shall be provided. Ponce Construction: A boundary fence with gates shall be constructed to securely contain cattle within the grazing unit. Fence lines shall run as straight as possible. The fence shall be four (4) strand barbed wire spaced equal distance apart starting sixteen (16) inches above the ground up to a height of forty-two 42 inches. All barbed wire shall be stretched completely so that it is springy to the touch before being fastened to the post, Wire shall be fastened and rum on the inside of posts. The space between the top two strands shall be a minimum of 10" with 12" being most ideal. When possible, the bottom- most strand shall be smooth wire to facilitate wildlife movement. 2. The barbed wire shall be at least class 3, 15.5 gauge high tensile with minimum breaking load 950 lbs. Barbs shall be 15.5 gauge, 4-point double wrap with 5 inch spacing. Barbed wire shall conform to A.S.T.M. A 121 standards, 3. Staples shall be a standard galvanized, 9-gauge, minimum 1-1/4 inch heavy duty barbed wire fence type. 4. All posts and braces shall be southern pine or other treatable species and shall meet current industry standards for physical quality and wood preservation. 5, Line posts (3 1/2-inch top and 6'h feet long) shall be installed plumb, a maximum of 16 feet apart, and embedded 24 inches in the ground. Backfill posts by thoroughly tamping soil around the post after every 4" of depth. Posts shall not be shortened to avoid rock removal or additional excavation. 16 183 C At County 6. Brace posts (6-inch top and 8 feet long) shall be used in brace assemblies. Brace posts shall be installed plumb and embedded 3 Vh feet in the ground. A double brace assembly shall be placed at the beginning and end of each fence run and single brace assemblies at '/ mite intervals. All corners shall have double brace assemblies on each side. A single brace assembly consists of two brace posts connected at their midpoints with a line post (a single "H") will he installed at'/o mile intervals with two strands of #9 slick wire connected diagonally from the top of one post to the bottom of the other post. The connecting line post shall have a support line post to the ground at its midpoint, This wire shall be tightly wound. Connection points of all posts shall be securely nailed using galvanized, 16d, 3" nails. Double brace assemblies shall consist of three brace posts, two connecting line posts, and two support posts (a double "H"). A strand of #9 slick wire shall be fastened at the top of the "Pull side" post and run diagonally, on either side of the connecting line post, to the bottom of the other brace post (away from the direction of the pull) This wire shall be tightly wound. Connection points of all posts shall be securely nailed using galvanized, 16d, 3" nails. Backfill posts by thoroughly tamping soil around the post after every 4" of depth, Posts shall not be shortened to avoid rock removal or additional excavation. Gate Construction and Placement: I . Gate locations and sizes shall be determined by the LESSOR. Gates shall be set 6" off the ground or as close to that as possible. All gates shall swing level in both directions, shall meet square, and be no more than 6" apart when closed (except as noted below for 4' gates). Double brace assemblies shall be constructed on either side of all gates. 2. All gates shall be utility -type, galvanized, 6-rail with vertical braces, and constructed of 1-5/8" 20- gauge tube steel with a stnooth finish. All gates shall be 50" in height and individual lengths shall depend on LESSOR needs. Technical specifications and drawings of gates similar to LESSOR requirements can be found at www.behlencounhy.com. 3. Four -foot gates shall be hinged to swing to the inside and when closed the leading edge shall extend approximately 4 inches onto the corresponding brace post so that the gate will not swing to the outside. A galvanized metal spring shall be attached to the outside of the gate so that it tightly holds the gate closed but a person can easily open. 17 GA, G....ty Exhibit "G" (Cattle and Calf Best Management Practices Resources) A I N r En railing In UM Ps An Iml adanl Pad cr DIAP imPymanu[Wo w duutrnentmg d throcgh,acard Lncping. oa apaiAad n FDAC3 ralal and @AI• uel thw,a "mabmaa Nd oni/ way to aenhtm firm Impll me nuUan SPAP re eeid, ,1,.Wd be acaerata. cs,a, and mU o .1,ed Yavmayde,eiap your own n,od$. Pingforma o, us e the one, proalead In the manual FM3 sbn. UFIrAS&% n.Yas Taam a —; Ca zone, !nl andwa Wr rnrls--d.M,I,, MUM SWS.'aalht Ploduc,r,Y•idr a•,IP 1,gtamer1... e end —d 1, oping mead, For assistance with enrolling In and Implementing Miss: Call • (850) 617.1727 or Emall • AgUMPkefpWreshFromlelorlda,com Best Management Practices for Florida Cow/Calf Operations What ma go,I IA aaagom"I PlacUcwl Ajncvlwnl E¢at Ala"gamcnl � �� _+•-� _, RaeVtte [6AIPal ara paeant aa7 C'. ' ea mar pvadrxara an WSe Fi (ij;0 trr�Z'^ U.. V sMuce IM amaunl of IISVI- 1 Narf at am ealwa,b. i —den. '3ulanif asr¢rng eu waWrlmnmee, Ihe/arede• •• • myred Wuawmew mrgleary ��`: ,Mea mJn1W mmi aBkulMal o-cJacacn i Yr wndw,th sal3he'd r tr, FWA. Oaparlmanlof Fp-culWre a na aanmm, r sa rnco [F➢AC01 adooY1 n. 1AP. m.1all nual rha SMPmmualcann I,W & W,Mnsl Y4/napeed of v+,,larrW'dyaM Ula m.agd and eehodv4nd W rn aA br tanWnalen lyQcalprac- nrs—to"..-.r and.1, bceauktudv omI—, W do a rvaarananl hAt... 1—o mdw r• Y.+rer a„av,¢e fYp:t"..n r ng FaACS Unic9 of Sant Ullulnl We for Polley renuvnn na,daandaaulcas bO...asWl I. am ara'.ab '030a,,.— Sq... Sh,i, Snlb, aaa and mnrnde nWnnl •pp':t3Vtlrn IrndWing manlae)mmnmre 1esu' md—w gaon[ma 0 a nip➢n cl saJurenn anJ rtuv:,nts item le 9ahnarn,n Mai rmpwC to se= a pool— mess V, va[a+Fid as OINC,:IBa0)g37�1700 Faq: 1950) 817-1705 xw.b"hlrm»Ilv,Ida,annyrpM,leru sines./Agrlorlllu,al Wal, 'allay ... Florida V1f Daparlmossatol Eta mples of Cow/calf aMPi 11Au skis nob —a Vong OF/IFaS,ewmmenlad ls,tjoervn [,te, Uberl nit .a arld Us— toet, to pir and nW."t a.1p, r Apgop,lataly,adnnglaN:ltar.",roll as ct,mleals EstWel j ing and mainuin;ng vedaWbvv bvllaravi ps W la Wr ryrY all bpW,a ,ntertn g-U rbodlns r Ubvdngcrvu fencing or fanc3ng cl avnsluw araaabmlavta ]naval aouaon and praucvon vl naWrtkJn, • Ranngvraul VougFsa evAY team "avrl/n•ad w3fe,batlloe a prope irty uWulnst—.1 W ba fpr.ad on pasbraa • mages li—l0kd..itnno. Wled.-any earean V. led as>•u mur,tan yr ua,te mat .If lesd b elms. —deg Cfvund r u ar e, au,laca,•ral¢n • Ubtieng WnuWr¢d-reWass ral Vhfen A'Irmatro Yfamr :vpely =_awca, • Ca➢,unng sol or In mom b l ponds ear lalaf use UtFLing lawn Ibea tad wastawalerl lNWr (orirdgagon • Cvrubucbng bqugi's qr UnY [ve<Iesn vrallr ,upnly Warrrent fwallh ha,ards Procutrod 4Jing • 0ntinganas. l .Nell Fars 9, halghb W maintain Ontvlgw. ➢rnrnt toil erwion and mainmin evilmviamre Irid, • Irpor➢eiagng 9ashyatingln ,sWWlshed wetland ecsfusion area, W mamga aiaVng ngaullvn n:am Reavuma, Atanov'nmt • Dale—W1,11lhrgen•,.)—.qo, a many b, plural y range 4asa"andimyavmd pastor" • nepledngdrupdeled Awlar ronVSlaWcbrea,AUIaVUCWr.,that marsh anfi•ceugavvna and use pod aldrmawtaM con WI nxar" V�al'Alaod prolm.uon • Eaclurhne 9veaWtkwiWnn 76font remun of ra,tnldowapa • CanaUucbng new welb upyadianiea lw ee pafeltla lmm Maly pelYMnlfaYrtae oVpli as p .1—att-g. wild eepboti.m phi.maal miring ana.. and rnwtna nanAnamem ladlni" 18 Why should I Implement UPS? • Same MIN tan Mtp you ap:aW marea n—,Uy and,aduo. coals,,hhp, help p,,Imt tan e,w o,oment Also,. praducafa rfallud is FDACS eMP pnyam arv,Ilplae for costehare. when a suable. W.,Win We"— a W rllamentng land mafnulninet vented FDACS A.Plad ehn. a.�da, a prwnmlaion of rarnFhanca wiur ants wars gaaldy surkarda fw No pvllvunla addmasd by ma OMP, • BFa_Aat W.dn .W sapmteabvn "velar lhd Flonda Rlghl W Farm eset Imm dilpteaiiva 3aa1 robulalion • P--,es'.M lmplo-6t FDYSudopmd eMP, mighl,ad,ly asmMinionag,mentdnvlctp,rmitbngre"timone- sz,o wi'b yew dlsblct In area Wh adaptad barn man J—ataeh,n vlmu lOhM) end anma vlbardeaign+tad arena. prvdr,re,e rdn imp'emenl DMPa a�ald hn,ing W cmldnct nafuy av,Wl qualiry maneuing r aMPparVcipau'0-10nlb,luj"n.w0•e00PWITnaW water too apopatacban and helps moinWln AVpporlfar mia almmatlsY ap➢loach A owdo I par8alpalo In UTA Pal L Schadvie a—.1sng with a 9MPtaam nrombar, „M mil pro do. lroa FUACS 9MPnsa nual and other eMP rasa[" in —Was 7 Partc pvW with the team member in a free assnsmentor your aF ration. Le d..,Weis whkh DIAP. apply byau 3 Ph out a Mrik ckli,ta,d,%,ft Nnirta of hlant nun)), 1 nnP.—t iha eMP, d geapampy aru„aMrlraat,ndalgnC+l u0luywrrncwm 5 Impl—W and meirllain lha appllcebsa aMPs ands padegvala record+, W malnuEn a pra,ump0on of compl!anCe wim e W W ha Wr quahly pWmlarda V. gyms crvuld like Wroc,rm eCe,Useale vl Frcotlmanlm aMPe. aanu<L Insidal[gg0y 017.1727 oremaA IdgmpNelpa FiwhnamFlodde cam 185 Co Cy Exhibit "H" (Baseline Inspection Report) Caracara Prairie Preserve Baseline Inspection Repotl Inspector, Project Name' Acreage: Lessee: Purpose: Lease No. Status; County FundingYear: Inspection Date: Inspection Type: Inspection Questionnaire! YE5 NO NA Action Comments/Recommendatlons Required Has the land manager performed the lease area walk- through with the new lessee7 is the entire property perimeter fenced? if not, identify the portion remaining unfenced? Is there a new Fence and gate plan requirement in place forthe new lease? Are there any existing buildings on the property that were inventoried atthe baseline (e.g. residences, buildings, barns)? If yes, provide the exact lat/long and photos representing the condition of each. Are there any pumps on the property? If yes, provide exact location (Eat/long) and photos representing condition of each. Are there wells on the property? If yes, provide exact location (lat/long) and photos representing condition of each. Is there any personal property on premises? If yes; provide exact location (tat/long) and photos representing condition of each. Is there any evidence of unauthorized mowing, vegetation removal, vegetation maintenance methods and land clearing, dredging orfilling activities in wetlands from the previous lessee? If yes, provide exact location (lat/long) and photos representing condition of each. Is the leased area free of refuse/garbage/litter? If no, provide exact location (lat/long) and photos representing the condition of each. LESSEE's Acknowledgement and Signature: Date: 19 :: Co �er Cnuvtty Exhibit "H" (Baseline Inspection Report- continued) Caracara Prairie Preserve Baseline Inspection Report inspector: Pr43ec1 Name: Acreage: Lessee: Purpose: Lease No, Status: County FundingYear: Inspection Date: Inspection Type: Inspection Questionnaire: YES NO NA Action Comments/Recommendations Required Is there any evidence of spills of contaminants, hazardous/ toxic substance that requires clean-up or remediatlon (e.g. petroleum products, pesticides, fertilizers, animal vaccinations, and parasite control parmaceut€cals)7 Are there any fuel tanks (above ground or below) on the property? if yes, provide exact location (Eat/long) and photos representing the condition of each. Is there evidence of unauthorized activities such as trespass, vandalism, squatting, etc, if yes, please document/ photograph activities. Are the public facilities (parkinglots, trails, trail signs, blaze posts) in good condition? If no, document the condition and provide photos, LESSEE'sAcknowledge ment and Signature: Date: 20 Le-59 er C -Ity Exhibit "I" (.Public Hiking Trails at Caracara Prairie Preserve) 21 ou� Co er Coxnty Exhibit "J" (CREW WEA Hunting Regulations) For information regarding area hunting regulations and season dates, please reference the FWC CREW WEA regulations brochure at: htti2:HmyLwc.com/hunting/wma-brochures/S/creNv/ 22 J Appendix FG. Service -approved Pesticide List Service -approved Pesticide List South Florida The following list of pesticides has been approved by the U.S. Fish and Wildlife Service (Service) for ground application without further review. Aerial application may require further Service review and approval. Ground application means any chemical application method that is used to apply chemicals from the ground and/or water level by other means than fixed -wing airplane and/or helicopter. Aerial application means any chemical application method that is used to apply chemicals properties from the air by fixed -winged airplane and/or helicopter. Use www.greenbook.net or http://www.ednis.net to find the most recent chemical labels and MSDS sheets. Listed by trade name for information. Endorsement of particular products is not intended. [Common or chemical name is in brackets.] Herbicides: 1. 2, 4D Amine, 2, 4D Amine 4, Weedar 64, Weedinaster, and all other trade names with the same formulation). [2,4-D, amine salt] Applications of 2,4-D to water must be reviewed and approved by the Service. 2. Accent [nicosulfiiron] 3. Arsenal [irnazapyr] (Only 1 application on a specific site per year) 4. Assure II [quizalofop p-ethyl] 5. Banvel [dicamba] 6. Basagran [bentazon] 7. Beacon [primisulfirron-methyl] 8. Blazer, Ultra Blazer [acifluorfen] 9. Callisto [mesotrione] 10. Clarity [dicamba] 11. Classic [chlorimuron ethyl] 12. Command, Command 3M, Command 3ME [clomazone] 13. Dual, Dual 8E, Dual Magnum, Dual II Magnum [metolachlor] 14. Escort [metsulfuron-methyl] 15. Exceed [primisulfuron-methyl] 16. First Rate [clorausulam-methyl] 17. Frontier [dimethenamid] 18_ Frontrow [cloransulam-methyl] 19. Fusilade DX, Fusilade H [fluazifop-p-butyl] 20. Garlon 3A [triclopyr, amine salt] 21. Garlon 4 [triclopyr, butoxyethyl ester] (only on basal spray, hack- and- squirt, or cut stump applications; not cleared to use as foliage spray) SFESO 2/05/08 22. Habitat [imazapyr] (Only 1 application on a specific site per year) Applications of Habitat to water must be reviewed and approved by the Service. 23. Harmony Extra XP, Harmony Extra GT XP [thifensulf iron -methyl] 24. Liberty [glufosinate-ammonium] (Listed as an alternative chemical to Atrazine) 25. Lightning [imazethapyr] (Listed as an alternative chemical to Atrazine) 26 Peak [prosulfuron] (Only 1 application on a specific site per year) 27. Plateau [imazapic, ammonium salt] 28. Poast, Poast Plus [sethoxydim] 29. Rodeo, Pondmaster, etc. [glyphosate] 30. RoundUp, Glypro, Touchdown, etc. [glyphosate] (Listed as an alternative chemical to Atrazine). 31. Sceptor DG [imazaquin] 32. Select, Select 2EC [clethodim] 33. Senor 4, Sencor DF [metribuzin] (Only 1 application on a specific site per year) 34. Stain 4E, Stam M4 [propanil] 35. Storm [bentazon + acifluorfen] 36. Transline [clopyrand] 37. Velpar, Velpar L [hexazinone] Adjuvants: These are listed because of their low toxicity to aquatic life. This is usually only important for use on or near water, like when a surfactant is added to Rodeo. 1. AG 6202 (surfactant, not often used in agriculture) 2. Agri-Dex (surfactant — made by Helena) 3. Gelva 2333 (sticker) 4. Li-700 (surfactant — made by Loveland) 5. Quest (water softener, pH buffer, contains ammonia to enhance herbicide uptake) Insecticides: 1. Amdro, Amdro Pro [hydramethylnon] for fine ants 2. Bti — Dipel l OG, Dipel ES, Vectobac CG, Vectobac 12AS, Vectobac G, etc. 3. Tracer [spinosad] 4. Bt Corn (As directed in the new GMO guidance document that will be finalized in the future.) 5. Treated Lumber (Wood): Wood treated with copper chromated arsenic (CCA) is no longer being labeled by EPA for residential uses, including decks and boardwalks. The metals leached from treated wood are associated with effects to organisms growing on the wood and in adjacent sediments. Of the metals commonly used in treating wood, copper (Cu) is most likely to leach and is most toxic. Cu is used in the two most common alternatives to CCA. So, there currently appears to be no sound ecological basis for recommending Cu- containing alternatives over CCA. Creosote -treated wood also has environmental effects and like CCA, it is a cause of human health concerns. Treated wood can SFESO 2/05/08 Caracara Prairie Preserve Conservation Bank — Febndafy 20 1 OSeptembefIOM2023 191 be coated or sheathed with plastic to prevent some of these problems. Also, woods like cedar and redwood are resistant to attacks by microbes and insects without being treated. Wood substitutes, such as metal and recycled plastic boards, may be used. There is currently no adequate basis for estimating aquatic risk fi-om treated wood. Environmental effects information was taken from EPA's preliminary risk assessment for CCA. Note: Many of the above chemicals warn of possible leaching into ground and surface water. Only a few of the chemicals listed actually specify a distinct buffer width on the EPA label. Ai)i)licants will abide by all EPA label reoulrelnents for all clie111icals. Caracara Prairie Preserve Conservation Bank — Febfuaty 20 W2023 192 Dr. Robert H. Gore III Preserve Land Management Plan Managed By: Collier County, FL Conservation Collier Program January 2023-January 2033 (10 Yr Plan) Prepared by: Collier County Conservation Collier Staff Dr. Robert H. Gore III Preserve Land Management Plan Contents INTRODUCTION................................................................................................................................................................... 5 Land Management Plan Executive Summary....................................................................................................... 5 Table 1. Acquisition History and Status of the Dr. Robert H. Gore III Preserve ................................. 6 Conservation Collier: Land Acquisition Program and Management Authority ...................................... 6 Purposeand Scope of Plan..........................................................................................................................................6 PreserveLocation........................................................................................................................................................... 7 Adjacent Land Use and Regional Significance..................................................................................................... 8 Figure 2. Adjacent Conservation Lands.............................................................................................................9 Partnership Opportunities and Community Involvement Cypress Cove Landkeepers ......................10 1.0 VEGETATION MANAGEMENT..............................................................................................................................12 1.1 Management Goal........................................................................................................................................... 12 1.2 Site Assessment............................................................................................................................................... 12 1.2.1 Natural Plant Communities................................................................................................................ 12 Characterization of Plant Communities present: ........................................................................................ 12 Table 2. FLUCCS Plant Communities................................................................................................................ 12 Figure 3. Florida Land Use Cover Classification System (FLUCCS)...................................................... 14 1.2.2 Invasive Plant Species.......................................................................................................................... 16 1.2.3 Listed Plant Species...............................................................................................................................17 Table 3. Listed Plant Species Observed at the Gore Preserve................................................................17 1.3 Management Methods.................................................................................................................................. 17 1.3.1 Invasive Plant Treatment and Removal........................................................................................ 17 Figure 5. Map of Project Area to Reduce Brazilian Pepper Infestation Along the Right-of-Ways ........................................................................................................................................................................................19 1.3.2 Native Plant Restoration..................................................................................................................... 22 1.3.3 Prescribed Fire and Mechanical Reduction ................................................................................. 23 2.0 WILDIFE MANAGEMENT....................................................................................................................................... 24 2.1 Management Goal................................................................................................................................................. 24 2.2 Site Assessment..................................................................................................................................................... 25 2.2.1 Documented Wildlife Species.................................................................................................................. 25 2 Dr. Robert H. Gore III Preserve Table 4. Documented Wildlife Species at the Gore Preserve ............. 2.2.2 Potential Wildlife Utilization............................................................... Table 5. Imperiled Species That May Utilize the Gore Preserve ...... 2.2.3 Imperiled Species Management......................................................... 2.4 Management Methods................................................................................... 2.4.1 Habitat Modifications............................................................................. Land Management Plan .......................................... 27 2.4.2 Hunting/ Fishing Opportunities........................................................................... 3.0 Hydrology/Water Management/Soils............................................................................ 3.1 Management Goal............................................................................................................... 3.2 Site Assessment................................................................................................................... Figure 7. Soils Map of the Gore Preserve...................................................................... 3.3 Management Methods...................................................................................................... 3.3.1 Berm Degradation and Topographical Alterations ....................................... 3.3.2 Rehydration Opportunities..................................................................................... 4.0 Archaeological, Historical and Cultural Resource Management .......................... 4.1 Management Goal............................................................................................................... 4.2 Site Assessment................................................................................................................... 4.4 Management Methods...................................................................................................... 4.4.1 Archaeological Site Assessment and Protection ............................................. 4.4.2 Preservation of Property History Through Educational Materials......... 5.0 PUBLIC ACCESS....................................................................................................................... 5.1 Management Goal.......................................................................... 5.2 Site Assessment.............................................................................. Figure 8. Existing and Conceptual Public Access Plan ....... 5.4 Management Methods................................................................. 5.4.1 Access Improvements.......................................................... 5.4.2 Education and Outreach...................................................... 5.4.3 Signage....................................................................................... 5.4.4 Eagle Scout Projects/Amenities....................................... 5.4.5 Easements, Concessions, Leases ...................................... 6.0 Unauthorized Activity Prevention and Response ................. 6.1 Management Goal.......................................................................... 29 30 30 31 31 31 31 31 32 32 33 33 33 33 33 ............. 33 ............. 34 ............. 34 ............. 34 ............. 35 ............. 35 ............. 35 38-3-7 ........ 39-3.9 ........ 39U ........ 39U ........ 39U 4148 4244 ........ 434-2 434-2 3 Dr. Robert H. Gore III Preserve`— Land Management Plan 6.2 Site Assessment................................................................................................................................................ 4342- 6.4 Management Methods................................................................................................................................... 4342- 6.4.1 Site Security ............................................................................................................................................... 4342- 6.4.2 Prevention of Off -Road Vehicle Trespass.......................................................................................4342- 6.4.3 Debris Removal........................................................................................................................................ 4342- 6.4.4 Contaminant Remediation...................................................................................................................4443 7.0 Acquisition/Preserve Expansion...................................................................................................................444-3 7.1 Management Goal: ........................................................................................................................................... 4443 7.2 Site Assessment................................................................................................................................................ 444-3 7.4 Management Methods................................................................................................................................... 4644 7.4.1 Priority Parcels for Acquisition.......................................................................................................... 4644 Figure 9. Acquisition Strategy Map for the Dr. Robert H. Gore III Preserve................................4846 7.4.2 Partnership Opportunities...................................................................................................................494-'7 MAJOR ACCOMPLISHMENTS.................................................................................................................................. 4947- Table 6. Major Accomplishments Since Acquisition.............................................................................494-'7 PROJECTED COSTS/OPERATIONAL STRATEGY............................................................................................. 5048 Table 6. Projected Operating Budget through 2032............................................................................. 504-9 APPENDICES................................................................................................................................................................. 514-9 Appendix1. Legal Descriptions.........................................................................................................................514-9 Appendix 2. Memorandum of Understanding Between Collier County and Cypress Cove Landkeepers............................................................................................................................................................. 5260 Appendix 3. Letter Recommending Acquisition by the US Fish and Wildlife Service .................. 56-,%4 Appendix 4. Images Documenting the Impacts of the January 2022 Frost Event ......................... 5866 4 Dr. Robert H. Gore III Preserve Land Management Plan INTRODUCTION Land Management Plan Executive Summary Lead Agency: Conservation Collier Program, Collier County Parks & Recreation Department, Collier County Public Services Department Properties included in this Plan: Dr. Robert H. Gore III Preserve Preserve lands consist of five parcels located within Township 495, Range 28E and Section 33, in Collier County, Florida (41500040008, 41506600002, 41616920009, 41506800006, 41502560007) Full legal descriptions are provided in Appendix 1. Total Acreage: 47-2173.8�-3 acres Management Responsibilities: Collier County Conservation Collier Program staff Designated Land Use: Preservation Unique Features: The preserve contributes to an important wildlife corridor connecting the Golden Gate Estates to the state and federal conservation lands of the Picayune Strand State Forest, Fakahatchee Strand Preserve State Park, and the Florida Panther National Wildlife Refuge. The parcels that comprise the preserve were previously purchased and protected by Dr. Robert H. Gore III, a Collier County resident who was passionate about preserving ecologically sensitive lands and educating future generations about their importance. Management Goals: Goal 1: Restore native plant communities to enhance the integrity of the habitat and resiliency to future disturbance Goal 2: Manage habitat and public use to promote utilization of the preserve by focal wildlife species. Goal 3: Seek opportunities and partnerships for improvements to site hydrology and water management that are compatible with surrounding land uses. Goal 4: Preserve the archeological, historical, and cultural resources of the preserve. Goal 5: Provide opportunities for compatible, nature -based recreation to the community. Goal 6: Incorporate methods to prevent unauthorized activities within the preserve and develop a response procedure to incidents Goal 7: Pursue the acquisition of parcels adjacent to or nearby the existing preserve boundary. Public Involvement: As part of the Land Management Plan drafting process, a public meeting will be li^'a in the spring ^F'n" was held on January 25th. 2023 to gather input from members of the Formatted: superscript public and preserve stakeholders. I kq NN, Dr. Robert H. Gore III Preserve Land Management Plan TableDr. Year Robert Preserve Benchmark 2008 Property nominated to the Conservation Collier Program 2009 Property recommended for the Cycle 6 Acquisition B-List by the Conservation Collier Land Acquisition Advisory Committee 2017 Application Received by the Acquisition Program for Cycle 9 2018 168.87 acres Gore parcels purchased by Conservation Collier in November 2019 2.34 acres I-75 Berman Trust parcels purchased by Conservation Collier in June 2020 Developed Interim Management Plan- BCC Approved 2022 1.59 acres Rudnick Parcel donated to Conservation Collier 2022 Developed Final Management Plan April- CLAAC and BCC Approval Pending Table 1. Acquisition History and Status of the Dr. Robert H. Gore III Preserve 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 and 2020 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, 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 Dr. Robert H. Gore III Preserve. Purpose and Scope of Plan The purpose of the plan is to provide management direction for the Dr. Robert H. Gore III Preserve (Gore 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 Dr. Robert H. Gore III Preserve = Land Management Plan 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 include an introduction, descriptions of the natural and cultural resources, projected uses of the property, and management issues, goals, and objectives. An Interim Management Plan for the Gore Preserve was approved by the Collier County Board of County Commissioners (BCC) in 2020. This is the Final Management Plan for the Gore Preserve. Updates to this plan will be completed every 5 years following approval by the BCC. Preserve Location The Gore Preserve is located adjacent to and directly west of Desoto Blvd in Section 33, Township 49S, and Range 28E within the Northern Golden Gate Estates of Collier County, FL. The properties are accessible by road via 361h, 3811, and 401h Ave SE. The total acreage for the preserve is 4-74173.8 3 acres. The property is composed of Pine Flatwood, Mixed Wetland Hardwoods, Inland Ponds and Sloughs, Cypress, and Mixed Shrub Brush. Existing parcel folios are as follows: 41500040008 41506600002 41616920009 41506800006 41502560007 Plan _� V 1 25" 2 51G e.oaa ❑r. Robert H. Gore III Preserve Figure 1. Gore Preserve Location and Boundary Adjacent Land Use and Regional Significance The Gore Preserve is located within 1 mile of several integral state and federal conservation lands which provide contiguous protected habitat for a wide diversity of imperiled wildlife species. The federally owned Florida Panther National Wildlife Refuge comprises over 26,000 acres of contiguous habitat along the eastern boundary of the Gore Preserve. To the south, the state-owned Dr. Robert H. Gore III Preserve =_ Land Management Plan lands of Picayune Strand State Forest comprising over 78,000 acres and the Fakahatchee Strand Preserve State Park comprising over 85,000 acres provide opportunities for wildlife utilizing the Gore Preserve to disperse throughout a contiguous network of conservation land via the wildlife underpasses beneath Interstate 75. As a result of this close network of managed wildlife habitat, the Gore Preserve lands record significant and consistent observations of utilization by large, long - ranging wildlife species like the federally endangered Florida panther, the Florida black bear, white- tailed deer, and wild turkey, among others. 11— 0 1.75 3.5 7 Dr Robert H Gore III Preserve Adjacent Conservation Lands Fakahatthee Strand Preserve State Park Fronde Panther National Wifdlite Refuge Roayune Strand State Forest CoH 6LLIFe Figure 2. Adjacent Conservation Lands Dr. Robert H. Gore III Preserve Land Management Plan Partnership Opportunities and Community Involvement Cypress Cove Landkeepers The 501c3 nonprofit known as the Cypress Cove Landkeepers (formerly the Cypress Cove Conservancy) was founded in 2015 with a mission to preserve and protect Southwest Florida's ecologically sensitive landscape from the impacts of development. Following the acquisition of the County preserve lands in 2018, the Cypress Cove Landkeepers purchased 10 acres in the center of the County preserve boundary and named the parcel the Gore Nature Education Center. The Gore Nature Education Center features the previous home of Dr. Robert H. Gore III which has been renovated to serve as a nature -learning classroom, demonstration kitchen, and gathering space for programs and meetings. Along with the educational programming available, the property offers a series of short walking trails. Currently the Nature Education Center is open for special programs or by reservation only, except for the first Sunday of each month where it is available for public visitation from 10am-2pm. Photo 1. View of the Gore Nature Education Center Managed by the Cypress Cove Landkeepers Members of the Cypress Cove Landkeepers organization were instrumental toward advocating for the purchase and preservation of the Gore Preserve lands owned by the County. As part of the continued partnership planning between the two organizations, a Memorandum of Understanding (MOU) was drafted between Collier County and the Cypress Cove Landkeepers and approved bythe Collier County Board of County Commissioners in June of 2021 (Appendix 2). The MOU defines expectations for utilization of County Preserve lands by representatives of the Cypress Cove Landkeepers for education and outreach opportunities and specifies a goal for consistency in educational signage and materials between the two properties. The conceptual public access plan detailed in section 5.0 PUBLIC ACCESS of this document provides a framework for the desired future connectivity of the County preserve land trails with the existing 10 <e Dr. Robert H. Gore III Preserve Land Management Plan Gore Nature Education Center Trails to facilitate the educational opportunities available at the County preserve lands. The plans for this connection point between the two trails include a locking gate feature to prevent public unauthorized access to the Gore Nature Education Center Trails during times when visitation hours differ between the two properties. Additional connection points may be considered in the future as trail building and public access opportunities expand. In November of 2021, Conservation Collier staff took part in the Grand Opening celebrations for the Gore Nature Education Center hosted by the Cypress Cove Landkeepers and provided outreach and information to members of the public regarding public access opportunities at the County preserve and future goals for acquisition. Conservation Collier staff will continue to partner with the Cypress Cove Landkeepers for future outreach and education events that support the conservation and education goals of both organizations. M Photo 2: Conservation Collier staff providing outreach at the Gore Nature Education Center Grand Opening in 2 02 1. Photo by Christy Duff 11 <e Dr. Robert H. Gore III Preserve =_ Land Management Plan Fstop Foundation The 501c3 non-profit Fstop Foundation was founded with a mission to create a positive effect in conservation by creating awareness through the use of photography. In early 2021, Conservation Collier staff partnered with the Fstop Foundation team who installed wildlife monitoring cameras along the public access trails of the Gore Preserve. Fstop Foundation staff maintain these cameras and download the collected images into a shared database which allows Collier County staff to monitor activities along the preserve trails and develop an inventory of the wildlife species observed utilizing the preserve lands. The material collected by the Fstop Foundation has been used during guided educational hikes with the public, on social media to enhance wildlife awareness within the community, in educational brochures for the property and on the preserve website. A sample of photos collected thanks to the wildlife monitoring partnership with the Fstop Foundation are featured in section 2.0 WILDLIFE MANAGEMENT. 1.0 VEGETATION MANAGEMENT 1.1 Management Goal Goal: Restore native plant communities to enhance the integrity of the habitat and resiliency to future disturbance 1.2 Site Assessment 1.2.1 Natural Plant Communities Characterization of Plant Communities present: FLUCCS Ground cover Midstory Canopy 411- pine grasses, palmetto, St. John's -wort primrose willow, wax myrtle, bay, saltbush, slash pine flatwoods twinflower, bachelor button, beautyberry, meadow myrsine, shining sumac beauty, goldenrod, musky mint, tickseed 428 - grasses, ferns and forbs, poison ivy cabbage palm cabbage palm, cabbage palm slash pine vines, wild coffee, dog fennel 616 - inland Swamp fern, maidencane, pickerel weed, sagittaria hog plum, rag weed, salt pond apple, pondsand bush cypress, pop ash sloughs 617- mixed Swamp fern, frog -fruit, blue porterweed Dog fennel, beauty berry, Red maple, pop wetland myrsine ash, red bay, hardwoods laurel oak 621- cypress swamp fern, chain fern, smilax cabbage palm, salt brush, cypress, cabbage stiff dogwood palm, red bay Table 2. FLUCCS Plant Communities 12 Dr. Robert H. Gore III Preserve Land Management Plan The Florida Land Use Cover Classification for the preserve defines four native plant communities within the preserve. As a result of historic efforts to develop the Golden Gate Estates and habitat alterations that reduced the hydroperiod, a portion of the property has transitioned to pine flatwoods with upland vegetation in the understory. In general, the condition of the on -site native plant communities upon acquisition varied from moderate to poor as a result of the consistent infestation level throughout each community type by invasive, exotic plant species. The native plant communities found throughout the preserve, while heavily impacted by exotics feature mature native trees and a diverse midstory and understory where native plants species occur. Because of this persistence of a rich diversity of native plant species throughout the impacted communities found within the preserve, restoration forecasts are optimistic following intensive efforts to kill and remove the exotic plant species dominating the landscape. 13 P"O 0 1.125 2250 4,500 Dr. Robert H. Gore III Preserve FL.UCCS 1220: Medium Density, Mobile Home Units 5120: Channelized Waterways, Canals 6174: Mixed Wetland Hardwoods 6172: Mixed Shrubs 6210: Cypress - 6216: Cypress - Mixed Hardwoods CON ATION LLIER (_p gI �.puyity Figure 3. Florida Land Use Cover Classification System (FLUCCS) Light Detection and Ranging (LIDAR) is a remote sensing method that calculates variable distances from the earth's surface and provides a rendering of the topography of an area. Plan 14 Dr. Robert H. Gore III Preserve Land Management Plan 04, .lBTH AVC SC ifS { F r / ..' 0 1.?56 " ....: 5,000 Dr. Robert H. Gore III Preserve LIDAR 2020 Value High: 254 r Low: 0 CDN ATIDN LLIER cD . cDL.nty i Figure 4. LIDAR Map of the Gore Preserve and Surrounding Area In the LIDAR Map shown above (Figure 4) variations in elevations throughout the preserve can be seen with lower elevation areas shown in dark orange and often corresponding to wetland sloughs, seasonal ponds, and roadside swales. Areas with higher elevations are shown in degrees of lighter orange, with the lightest shades corresponding to raised spoil piles and areas where upland 15 Dr. Robert H. Gore III Preserve = — Land Management Plan vegetation is likely to compose the plant community. A notable feature shown in the map is the depressional cypress slough at the northeast corner of the Cypress Cove Landkeepers parcel that provides wetland habitat for listed wading birds, features shoulder -height cypress knees and is a focal location for many of the educational programs occurring on -site. The modifications to this area as shown in the LIDAR map are one of the driving forces for the condition of the preserve upon acquisition. Changes to the regional hydrology through the installation of roadways, swales, and the Faka Union canal have facilitated a significant infestation of the native plant communities by exotic, invasive plant species. When first acquired, it was estimated that more than 65% of the plant community composition on -site was comprised of exotic, invasive species. This is a considerable infestation compared to other parcels acquired through the Conservation Collier program and project benchmarks for restoration success may need to factor in a longer timeframe and more intensive approach to reach the goals defined in this management plan. 1.2.2 Invasive Plant Species The invasive, exotic plant species identified as having a significant impact on the native plant communities within the Gore Preserve include Brazilian pepper (Schinus terebinthifolia), air potato (Dioscorea bulbifera), lantana (Lantana spp.), cogan grass (Imperata cylindrica), and mission grass (Pennisetum polystachion). Photo 3. Seasonal air potato infestation occurring within the Gore Preserve The preserve will be inspected throughout each year with aims of providing early detection of new exotic, invasive species of concern. Collier County staff will continue to communicate with contractors hired for exotic plant removal in order to extend monitoring efforts for new species observations. Following two sweeps of the entire property in 2020 and 2021, there have been no 16 <e Dr. Robert H. Gore III Preserve =`- Land Management Plan observations of sizeable infestations by climbing fern (Lygodium spp.) which is often one of the most costly and intensive species to eradicate within a preserve. Conservation Collier staff will continue to monitor for the presence of this exotic species in order to respond when infestation levels are low and manageable. Formatted: Justified 1.2.3 Listed Plant Species A diversity of plant species that are listed as endangered or threatened have been observed within the preserve. A property wide inventory of all plant species found within the preserve will be completed in the Spring and Fall of 2022 and provided as an Appendix item to this management plan. The listed species recorded to date are listed in the Table below. Common Names Scientific Names FDACS (State) Hand fern Ophioglossum palmatum Endangered Reflexed wild pine Tillandsia balbisiana Threatened Stiff -leaved wild pine Tillandsia fasciculata Endangered Giant wild pine Tillandsia utricula Endangered Saw palmetto Serenoa repens Commercially Exploited Twisted air -plant Tillandsia flexuosa Threatened Butterfly orchid Encyclia tampensis Commercially Exploited Table 3. Listed Plant Species Observed at the Gore Preserve 1.3 Management Methods 1.3.1 Invasive Plant Treatment and Removal When the Gore Preserve was acquired in 2018, one of the initial management and planning concerns noted was the reduced access to the interior portions of the preserve due to a dense infestation of exotic Brazilian pepper along the right of ways of the roadways. This reduction of access was anticipated to significantly increase the quoted price for annual exotic removal treatments during both the initial and maintenance phase of restoration. As the dense stands of Brazilian pepper were the primary vegetation type visible along the road edge through the majority of the preserve, there was also a concern regarding the long-term appearance of the restoration areas of the preserve if the typical kill -in -place method was used for exotics control as the dominant view for public visitors would be deteriorating and defoliated pepper shrubs. In order to reduce management costs overtime, facilitate management access to the interior portions of the preserve, and improve the aesthetics and visitor experience to the preserve, a project was undertaken in 2019 to mechanically remove the Brazilian pepper infesting the right of way along 40th Ave SE, 38th Ave SE, and Desoto Blvd (Figure 5). This mechanical reduction was followed up by subsequent herbicide treatments of 17 <e� Dr. Robert H. Gore III Preserve = — Land Management Plan regrowth to control resprouting. The photos below show the status of the right of way prior to treatment as well as after. Follow-up reduction of the treated pepper may be considered for future projects in areas where a dense infestation existed beyond the limit of the precious right of way project. Photo 4. Initial Condition of the Preserve Roadways with Dense Stands of Brazilian Pepper Photo S. Condition of the Right of Way Following Mechanical Reduction of Brazilian Pepper 18 F— C 1.25o 2 5,000 Mechanical Removal of Brazillian Pepper ❑r Robert H_ Gore III Preserve Existing Trails ---- Conceptual Trails f,, IONiEn Co er Cakrrty Figure 5. Map of Project Area to Reduce Brazilian Pepper Infestation Along the Right -of - Ways Plan 19 Dr. Robert H. Gore III Preserve Land Management Plan In 2019, Conservation Collier staff applied for and were awarded funding assistance through the Florida Fish and Wildlife Conservation Commission (FWC) Upland Invasive Plant Management Section (IPMS) to carry out an initial exotics treatment in 2020 of 101.5 acres of the Gore Preserve which equated to the parcels to the North of 401h Ave SE (Figure 6) in the amount of $32,480. Collier County matched the treatment funds and completed a treatment of the remaining 70 acres for $37,769.47 utilizing management funds allocated for the Gore Preserve. 20 Feel C 1.250 2,500 5.000 20201PMS Funding Assistance Treatment 2020 Collier County Treatment Dr Robert H_ Gore III Preserve AO�ATIOM LtIER Co er CoE�nty Figure 6. 2020 Initial Exotics Treatments at the Dr. Robert H. Gore III Preserve 3n 21 Dr. Robert H. Gore III Preserve Land Management Plan In 2020, Conservation Collier staff again applied for funding assistance through the FWC IPMS program to carry out a maintenance exotic treatment on the entire 171.2 acres of the preserve. Staff were awarded $28,132.50 of funding assistance to complete the treatment. Also in 2020, Conservation Collier staff completed a maintenance treatment of the vegetation surrounding 4,000ft of the public hiking trail for $3,995 targeting species not included in the IPMS funding assistance scope of work. Staff competed for funding through the IPMS program again in 2022 and received funding assistance to complete an additional maintenance exotics treatment of the full preserve boundary in 2023 valued at up to $50,000. Photo 6. Aerial Comparison of the Exotics Coverage in an Area in 2019 (left) vs 2022 (right) Air potato (Dioscorea bulbifera) is listed as a Category 1 exotic by the Florida Exotic Plant Pest Council and is prolific in localized areas of the preserve from Spring -Fall. As the growth stage for this vine occurs outside of the typical timeline for annual exotic herbicide treatments, additional targeted treatments will be factored into the annual exotic maintenance plan for the preserve, either through contracted services or in-house spot treatments as needed. It is recommended to carry out subsequent treatments in late spring and early summer in order to target vines when they are small, actively growing, and have not yet produced the aerial tubers that feed subsequent invasions. Mission grass (Pennisetum polystachion) and cogan grass (Imperata cylindrica) are two invasive, exotic species that are impacting localized areas of the preserve boundary, likely brought in from routine mowing of the road right of way by large equipment, and may require multiple treatments each year to eradicate and prevent from spreading. Annual treatments and inspections will be required until adjacent parcels with significant seed source are acquired and treated, or the private owners eradicate the grasses from the parcels adjacent to the preserve boundary. 1.3.2 Native Plant Restoration With any management activity that results in habitat modifications, such as exotic plant removal or installation of public use infrastructure, the preferred and most cost-effective method for 22 <e Dr. Robert H. Gore III Preserve = — Land Management Plan revegetation of the native plant community is through natural recruitment via the existing seedbank. In some cases, the level of infestation is so high and has been impacting the property for such a length of time that the native seed bank is depleted and not a reliable source for natural recruitment and regrowth of a treatment area. On a case -by -case basis, these areas will be considered for native plant restoration projects where native trees and shrubs are sourced from a native plant nursery and planted within a project site to facilitate and expedite restoration of the plant community. Where possible, efforts should be made to utilize sources for plantings that preserve local or on -site plant genetics. 1.3.3 Prescribed Fire and Mechanical Reduction Plant communities within the Dr. Robert Gore III Preserve are fire dependent and would benefit substantially from activities geared toward fuel reduction and the use of controlled burning if it was deemed feasible. Historic alterations to the hydrology of the region through the installation of roadways and canal systems that have shortened the hydroperiod as well as long-term suppression of natural fires to protect homes throughout the Golden Gate Estates has led to significant fuel loading within the preserve lands and surrounding areas. The infestation of these fire suppressed parcels by exotic plant species is an additional contributing factor to the high fuel levels and fire risk of the region. The impacts of uncontrolled wildfires are an annual concern for community members living within and visiting the Estates Area and are an important concern for land managers to consider when working to safeguard the natural resources of the preserve and surrounding community. Given present conditions of fuel levels of parcels adjacent to the preserve, lack of sufficient firebreaks protecting homesteads, and a history of significant property loss within the Estates due to wildfires, controlled burning is not a recommended management action at this time. The feasibility of controlled burning to manage the Gore Preserve lands should be re -assessed at each 5-year update to the plan. As controlled burning is not currently a recommended method for management, activities that aim to simulate some of the benefits of controlled burning for fuel reduction such as projects that incorporate mechanical mulching and mowing of herbaceous ground cover may be considered. 2022 Frost Event From Thursday, January 27t"-Monday, January 31St, 2022, a region -wide frost advisory was in effect and areas surrounding the Gore Preserve recorded overnight temperatures as low as 28' F. Freezing temperatures to this extent in this region had not been recorded since 2010. Following the freeze event, Conservation Collier staff carried out a site visit to observe the effects of the low temperatures on the native and exotic vegetation species at the preserve. In comparison to all other Conservation Collier preserves visited during this timeframe, the Gore Preserve showed the greatest short-term die -off of plant species diversity and extent, speculated to be as a result of inland temperatures dropping lower than coastal areas throughout the frost event. In February of 2022, Collier County staff collected aerial images of the preserve to document the frost damage using a 23 <e Dr. Robert H. Gore III Preserve Land Management Plan drone (Appendix 4). Staff have been monitoring the recovery of the vegetation within the preserve following the frost event and have noted that a regrowth of the native plant species that initially appeared to be a permanent die -off was first observed in late March and it is anticipated that the upcoming rainy season will contribute to the natural regrowth of the preserve's native understory vegetation. It is unknown what the long-term impacts will be on the cold -sensitive epiphytes within the preserve such as existing orchid species, but efforts will be made to monitor this where possible. It is important to note that anecdotal observations were made that there were limited impacts from the frost on mature Brazilian pepper trees in the region, but plants that were previously treated or young plants not yet established were observed to be impacted by frost in the short term. Photo 7. Aerial Drone Imagery of the Understory Vegetation Impacted by the January 2022 Freeze Event The aerial image above showing the extent of the frost damage to the understory herbaceous plant cover provides a good visual representation of the areas of the preserve that may benefit from consideration for future mechanical reduction of the understory by mowing or mulching to simulate the effects of controlled fire and reduce overloaded fuels. With these types of activities, dense overgrown vegetation is reduced in height to allow for regrowth of native species that have a higher nutrient load to support herbivorous wildlife and increases resources like light and space for native plants to regrow from the seedbank and ultimately increase species diversity. 2.0 WILDIFE MANAGEMENT 2.1 Management Goal Goal 2: Manage habitat and public use to promote utilization of the preserve by focal wildlife species. 24 <e Dr. Robert H. Gore III Preserve ==- Land Management Plan 2.2 Site Assessment The Gore Preserve is an ecologically valuable acquisition for the region, not only due to the preservation of the native plant communities in this rapidly developing portion of Collier County, but also for the preservation of a highly utilized wildlife dispersal corridor. Situated North of the Picayune Strand State Forest, northwest of the Fakahatchee Strand State Preserve, and west of the Florida Panther Refuge, the lands that comprise the Gore Preserve are highly utilized by far-ranging species like the endangered Florida panther, the Florida black bear, as well as white-tailed deer, wild turkey, Eastern diamondback rattlesnake, grey fox, and spotted skunk among others. Adjacent to the preserve lands along the Faka-Union Canal, a wildlife underpass crossing constructed by the Florida Department of Transportation (FDOT) provides wildlife with an opportunity to cross from the Picayune Strand State Forest, under Interstate 75, and into the protected lands of the Gore Preserve before dispersing throughout the rest of the Golden Gate Estates. These wildlife underpasses are monitored using game cameras and record consistent utilization from a wide range of species from American alligator to Florida panther. Currently the lands directly adjacent to the Gore Preserve side of the underpass are in private ownership and heavily impacted by Brazilian pepper. If future opportunities become available to acquire these parcels and restore the habitat to facilitate access for wildlife, the dispersal corridor between state and county conservation lands could be enhanced significantly. 2.2.1 Documented Wildlife Species The Dr. Robert H. Gore III Preserve provides habitat for a wide diversity of wildlife species. Table 4 provides a list of wildlife species observed on -site to date. As additional observations are made, this list will be updated and republished at subsequent management plan updates. Category Common Name Scientific Name Protection Status BIRDS mourning dove Zenaida macroura turkey vulture Cathartes aura red -shouldered hawk Buteo lineatus black vulture Coragyps atratus wild turkey Meleagrisgallopavo common ground -dove Columbina passerina red -bellied woodpecker Melanerpes carolinus red-headed woodpecker Melanerpes erythrocephalus 25 rm1u.t Dr. Robert H. Gore III Preserve 3 Land Management Plan downy woodpecker Picoides pubescens blue jay Cyanocitta cristata white -eyed vireo Vireo griseus Northern cardinal Cardinalis cardinalis great -crested flycatcher Myiarchus crinitus blue -grey gnatcatcher Polioptila caerulea swallow-tailed kite Elanoides forficatus pileated woodpecker Dryocopus pileatus house wren Troglodytes aedon Caroline wren Thryothorus ludovicianus little blue heron Egretta caerulea State -Threatened great blue heron Ardea herodias great egret Ardea alba great horned owl Bubo virginianus MAMMALS white-tailed deer Odocoileus virginianus Florida black bear Ursus americanus Florida panther Puma concolor coryi Federally Endangered Eastern spotted skunk Spilogale putorius raccoon Procyon lotor Virginia opossum Didelphis virginiana nine -banded armadillo Dasypus novemcinctus hispid cotton rat Sigmodon hispidus grey squirrel Sciurus carolinensis REPTILES Cottonmouth/ Water Moccasin Agkistrodon piscivorous conanti 26 Dr. Robert H. Gore III Preserve =`- Land Management Plan Eastern diamondback rattlesnake Crotalus adamenteus brown anole Anolis sagrei *Exotic green anole Anolis carolinensis INSECTS queen butterfly Danausgilippus zebra longwing Heliconius charithonia monarch butterfly Danaus plexippus gulf fritillary Agraulis vanillae green darner Anaxjunius Eastern pondhawk Erythemis simplicicollis Table 4. Documented Wildlife Species at the Gore Preserve The nonprofit Fstop Foundation maintains a network of trail cameras throughout the preserve. A highlight of the wildlife observations collected on their camera located throughout the Gore Preserve is below: Photo 8. Florida black bear and cubs 27 Photo 9. A great horned owl pair was recorded nesting within the preserve in 2021 Photo 10. White tailed deer and fawn are a frequent capture along the trails nt Plan 28 Photo 11. A Florida panther at the Gore Preserve Photo 12. Bobcat resting by the FStop Foundation wildlife monitoring camera 2.2.2 Potential Wildlife Utilization Table 5 provides a list of state and federally imperiled wildlife species that may be observed utilizing the Gore preserve lands and immediately surrounding area. Plan 29 Dr. Robert H. Gore III Preserve Category Common Name Reptiles American Alligator Birds Mammals Eastern indigo snake Gopher tortoise Audubon's crested caracara Everglade's snail kite Florida sandhill crane Little blue heron Red -cockaded woodpecker Roseate spoonbill Tricolored heron Wood stork Big Cypress fox squirrel Everglades mink Florida bonneted bat Florida panther West Indian manatee Scientific Name Alligator mississippiensis Drymarchon corais couperi Gopherus polyphemus Polyborus plancus audubonii Rostrhamus sociabilis plumbeus Antigone canadensis pratensis Egretta caerulea Picoides borealis Platalea ajaja Egretta tricolor Mycteria americana Sciurus niger avicennia Neovison vison evergladensis Eumops jloridanus Puma concolor coryi Trichechus manatus latirostris Table 5. Imperiled Species That May Utilize the Gore Preserve Land Management Plan Protection Status Federally threatened for similar appearance Federally threatened State threatened Federally threatened Federally endangered State threatened State threatened Federally endangered State threatened State threatened Federally threatened State threatened State threatened Federally endangered Federally endangered Federally threatened 2.2.3 Imperiled Species Management Currently, the list of observed imperiled wildlife species at the Gore Preserve include the Federally endangered Florida panther, and state threatened bird species like the little blue heron. Management activities previously undertaken and conceptually planned such as the restoration of native plant communities through exotic vegetation removal are compatible with management activities that will enhance habitat for these listed species. Other management activities that may be of benefit are the preservation of vegetation conditions that promote denning and nesting of these listed species and continuing and enhancing efforts to monitor for and inventory utilization of the preserve by these focal wildlife species. Conservation Collier will coordinate with the appropriate agency officials tasked with imperiled species management to facilitate wildlife management activities and research that enhance the goals of imperiled species recovery where possible. Management activities on the preserve should align with the best management practices outlined in the Florida's Imperiled Species Management Plan 2016-2026 published by the Florida Fish and Wildlife Conservation Commission. 30 Dr. Robert H. Gore III Preserve =`_ Land Management Plan 2.4 Management Methods 2.4.1 Habitat Modifications Habitat modifications that aim to aim to improve conditions for a particular species should consider potential negative impacts to other wildlife species that utilize the preserve. 2.4.2 Hunting/ Fishing Opportunities The Gore Preserve is currently under 200 acres in size with a patchwork of private parcels adjacent to the current preserve boundary. At this time, hunting is not deemed to be a compatible public use of the property due to a lack of contiguous acreage and property size large enough to sustain an ongoing hunting program. Hunting opportunities are available at the neighboring conservation areas of Picayune Strand State Forest and the Florida Panther National Wildlife Refuge through limited quota hunts managed by the FWC. Conservation Collier staff will research the compatibility of fishing as a consumptive recreational usage of the property and if it is deemed compatible, determine methods to provide fishing opportunities to the community. The adjacent Faka Union Canal could be a suitable site for fishing with access provided via a trail through the preserve leading to the canal. Public visitors undertaking fishing activities at the Gore Preserve would be required to follow all applicable state laws administered through the Florida Fish and Wildlife Conservation Commission. 3.0 Hydrology/Water Management/Soils 3.1 Management Goal Goal 3: Seek opportunities and partnerships for improvements to site hydrology and water management that are compatible with surrounding land uses. 31 Dr. Robert H. Gore III Preserve Land Management Plan 3.2 Site Assessment Fe 6 1.125 2.253 4, 500 IIIIII H, G.,e III Preserve BOCA, RIVIERA, LIMESTONE SUBSTRATUM AND COPELAND FS, DEPRESSIONAL HALLANDALE AND BOCA FINE SANDS - HALLANDALE FINE SAND Cn�` r�C�aunty Figure 7. Soils Map of the Gore Preserve Approximately one-half of the properties are mapped as consisting of depressional Boca, Riviera, limestone substratum, and Copeland fine sands. These soils are hydric, very poorly drained and found in depressions, swamps, and marshes. Typical vegetation includes cypress, pickerel weed, and alligator flag. Another approximate one -quarter is mapped as Hallandale and Boca fine sands, a slough soil. This soil type is nearly level, poorly drained and found in sloughs and drainageways. The natural vegetation consists of scrub cypress, sand cordgrass, wax myrtle and maidencane. The 32 Dr. Robert H. Gore III Preserve Land Management Plan remaining one -quarter is mapped as containing Hallandale fine sand. This soil type is poorly drained and typical of flatwoods. Slash pine, saw palmetto, and creeping bluestem are often found in this soil type. A notable feature to the geology of portions of the preserve is the existence of a formation of limestone known as Karst. Karst terrain is a land surface feature caused by the dissolution of soluble bedrock to create sinkholes. 3.3 Management Methods 3.3.1 Berm Degradation and Topographical Alterations A LIDAR map of the preserve and surrounding area (Figure 4) provides a guide for the historic topographical alterations that have been made to the preserve lands prior to acquisition. Raised roadways with swales bisect the preserve parcels at 361h Ave, 38th Ave, 401h Ave SE and Desoto Blvd. Land scars from an historic tram road South of 401h Ave SE are evidenced by the map and have since been re -vegetated and are an area of low elevation that holds water in the wet season. Parcels adjacent to the Faka-Union Canal on the West and Southwest portion of the preserve show raised berms along the canal edge where material was dredged during construction and stacked and later vegetated with invasive Brazilian pepper. It is unlikely that restoration of these topographical alterations can be achieved as the roadways and canals are integral to the current infrastructure of the region. These higher elevation areas likely lead to a higher density of exotic plant infestation especially by Brazilian pepper and can be targeted for restoration of plant community coverage. 3.3.2 Rehydration Opportunities Currently there are limited opportunities to restore the historic natural sheet flow to the preserve and surrounding areas that has been reduced as a result of the construction of roads, the adjacent Faka-Union Canal, housing, and vegetation changes from fire suppression and exotic vegetation infestation. Conservation Collier staff will research opportunities to facilitate the restoration of water movement across the landscape in localized areas through the installation of culverts and other features within the remaining wetlands on the preserve. 4.0 Archaeological, Historical and Cultural Resource Management 4.1 Management Goal Goal 4: Preserve the archeological, historical, and cultural resources of the preserve. 4.2 Site Assessment The Gore Preserve is not within an area of historical and archaeological probability, and no historical or archaeological sites appear to be present on the property beyond remnants of the signage posted at various locations by Dr. Gore prior to acquisition. While conducting pre - acquisition site visits, staff were made aware of the presence of several "pointer trees" throughout the property that may have indigenous cultural origins. Efforts will be made to locate these trees to preserve them. 33 <e� Dr. Robert H. Gore III Preserve Land Management Plan History of the Property Dr. Robert H. Gore III was a noted research scientist, environmentalist, educator, consultant, and author. He earned his PhD in Marine Invertebrate Zoology from the University of Miami and spent ten years conducting research in marine biology and ecology with the Smithsonian Institute. He later worked for the Collier County Natural Resources Department specializing in Coastal Zone Management. In the 1980s, Dr. Gore set out to preserve natural lands in the eastern portion of Collier County known as the Golden Gate Estates. Over the course of 20 years, he purchased and protected 71 parcels at risk for future development and built an Old Florida Cracker -style home on the 10-acre parcel in the center of his preserve. He opened his sanctuary to the community, providing guided walks and nature -based events to school children and adults alike. In 2008, Dr. Gore applied to have his parcels considered for acquisition and long-term preservation through the Conservation Collier Program. At that time, the parcels were recommended for acquisition at a later date or when additional funds became available through the passing of a subsequent voter approved referendum. Following his passing in 2017, Dr. Gore's family sought to continue his mission to preserve this land and provide environmental education to the community and sold 171 acres to the County through the Conservation Collier Land Acquisition Program. The ten acres in the center of this newly created County Nature Preserve, were purchased by the non-profit Cypress Cove Landkeepers and Dr. Gore's house renovated to become the Gore Nature Education Center. Dr. Gore's mission to protect wild Florida and build community connections with nature continues to this day and into the future. 4.4 Management Methods 4.4.1 Archaeological Site Assessment and Protection The County will notify the Division of Historical Resources immediately if evidence is found to suggest any archaeological or historic resources are discovered. 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 267.0612 (a) and (b). 4.4.2 Preservation of Property History Through Educational Materials Conservation Collier staff aim to preserve not only the unique natural resources within the preserve but also the legacy of Dr. Robert H. Gore III and his goals for conservation of these parcels. 34 <e Dr. Robert H. Gore III Preserve = — Land Management Plan Conservation Collier staff intend to incorporate the history of the land and Dr. Robert H. Gore III's education and preservation goals for the area into future interpretive signage, educational materials, and management planning. 5.0 PUBLIC ACCESS 5.1 Management Goal Goal 5: Provide opportunities for compatible, nature -based recreation to the community. 5.2 Site Assessment Photo 13: Public access trails at the Gore Preserve Passive, nature -based recreational opportunities are available at the Gore Preserve in the form of hiking, biking, wildlife photography, guided hikes, birdwatching, and leashed dog walking. Currently, the preserve provides a 2-mile trail for visitors that is one way in, one way out. A conceptual design of the future additions to the public access trail at the preserve is shown in Figure 8 with an aim to provide a trail loop that brings visitors back to a conceptual parking area. The existing trails appear in white while the conceptual trail enhancements appear in blue. Included in these conceptual trail enhancements are additional mileage for visitors to explore both the northern portion of the preserve as well as the south. Future enhancements also include a connection point of the County trails to the Gore Nature Education Center Trails with a gate between the two access points. It may be desirable to add a second trail connection to the Gore Nature Education Center along the eastern portion of the property to greater facilitate a loop path for educational events and guided hikes. Also included in the conceptual plans is a parking area for visitors to the preserve. At this time there are conceptual and alternate parking lot locations which 35 Dr. Robert H. Gore III Preserve Land Management Plan will be finalized depending on future acquisitions. Future goals would be to install a 5-10 space parking area with access across the road right of way. The parking area would be surrounded by wildlife friendly fencing with trail access points and bollards. If a buffer is required, native vegetation will be planted that does not require additional irrigation. Currently, visitors to the preserve park along 40th Ave SE to access the trail with no official parking lot yet established. Also included in the conceptual trail enhancements are separate trail entrances for land management and emergency response vehicles that will be locked and gated and will allow for the construction of trailhead entrances for public visitors that facilitate access via hiking and biking but prevent access by off -road vehicles. Currently the one entrance to the trailhead is multiuse with access required for both pedestrians and land management equipment and the capabilities to limit off -road vehicle access to the trails are reduced. 36 I, 0 '.2K 2.60C 5,000 Dr. Robert H. Gore Ill Preserve Cypress Cove Landkeepers Existing Trails Conceptual Trails Conceptual Parking Area 1F. Conceptual Alternate Parking Area Dependent on Future Acqustion Go�ncy -Ilan 37 F— 0 1,250 2,500 5,000 Dr. Robert H, Gore III Preserve Cypress Cove Landkeepers Existing Trails ---- Conceptual Trails Conceptual Parking Area Conceptual Altemata Parking Area Depends nt on Future Acquation [or+ arlar+ LLIER co e. cnE.+Ecy Figure 8. Existing and Conceptual Public Access Plan Plan 38 <e Dr. Robert H. Gore III Preserve `- Land Management Plan 5.4 Management Methods 5.4.1 Access Improvements In 2019 the Collier County Road and Bridge Department set to complete the resurfacing and paving of 40th Ave SE which is the access road for current and conceptual public access to the preserve. Upon learning that the planned road improvements to the preserve only covered to the driveway of the Gore Nature Education Center and that the remaining road access point to the County Preserve hiking trails would remain unpaved and mowed grass, Conservation Collier staff worked with the Road Maintenance Department of Collier County to develop a plan to extend the paving of the access road to the preserve trailhead. A contractor was hired to ensure the right of way vegetation requirements were met to facilitate the project and paving was completed to the preserve trailhead. This partnership with the Road and Bridge Department will greatly enhance public access to the preserve by providing infrastructure for members of the community to locate and access the designated entrance to the preserve. Photo 14. View of the access to 40th Ave SE prior to paving the road and current conditions. 5.4.2 Education and Outreach 5.4.3 Signage Signage will be utilized to provide information regarding locations, regulations, and educational outreach to public visitors of the preserve. Prior to installation, a sign draft will be provided to the Cypress Cover Landkeepers per the MOU. In June of 2020, a preserve entrance sign was developed and installed at the hiking trailhead for the preserve. Additional signage has been developed and installed along the trails to provide directional information with additional signage planned. Educational and interpretive signage is planned for 39 Dr. Robert H. Gore III Preserve Land Management Plan Photo 15. An entrance sign was designed and installed at the current preserve trailhead. Photo 16. Directional signage provided throughout the public access trails 40 Dr. Robert H. Gore III Preserve Land Management Plan 1 icT LI ;�%lIFC J1,LJP n C'O r Photo 17. Educational signage available to public users of the access trails. Photo 18. Additional signage was added in response to unleashed dogs at the preserve. 5.4.4 Eagle Scout Projects/Amenities In the winter of 2022, Tristan Robbins with Troop 2 Alligator District completed a preserve improvement project at the Gore Preserve which featured an enhancement to the public access trailhead with native landscaping plants and overgrown vegetation removal as well as the installation of three benches made of recycled materials to provide resting locations for community visitors along the trail. 41 Dr. Robert H. Gore III Preserve Land Management Plan Photo 19: Trailhead Improvements by Tristan Robbins, Eagle Scout Troop 2 Alligator District Photo 20: Eagle Scout Tristan Robbins exhibiting the native planting area project Future Eagle Scout Projects that could benefit the preserve include the installation of an informational kiosk, wildlife nesting/roosting boxes, and projects to improve ADA accessibility to areas of the preserve. 5.4.5 Easements, Concessions, Leases No easements exist currently over the Gore Preserve parcels. There are no concessions or leases on the preserve parcels or proposed for the future, unless they further conservation objectives, such as a conservation easement. 42 <e ME Dr. Robert H. Gore III Preserve Land Management Plan 6.0 Unauthorized Activity Prevention and Response 6.1 Management Goal Goal 6: Incorporate methods to prevent unauthorized activities within the preserve and develop a response procedure to incidents 6.2 Site Assessment The land that now comprises the Gore Preserve has a history of unauthorized uses in the form of off -road vehicle trespass, pedestrian trespass, and illegal dumping. 6.4 Management Methods 6.4.1 Site Security One of the most significant concerns regarding the long-term protection of the natural resources within the preserve involves disturbance from unauthorized off -road vehicle (ORV) trespass. 6.4.2 Prevention of Off -Road Vehicle Trespass Methods to prevent off -road vehicle trespass that are currently utilized or conceptually planned include the use of bollards or public trail access obstructions that promote the regulated use of the property via foot and bicycle traffic but limit the access capabilities to ORVs. Consideration must be made to provide alternative, gated, and locked access points to the trail for permissible vehicle use such as land management equipment for trail maintenance, contractor access, and emergency vehicle access points. The conceptual trail plan includes gated access points to each section of the future trail system to facilitate the use of bollards and ORV restrictive access features. Neighbors to the preserve have reported increased ORV activity along the roadway boundaries of the Gore Preserve in 2022. Staff have observed the results of ORV riders creating trails through the buffer vegetation along the roadways of the preserve and causing damage to the vegetation. Methods to reduce these activities will be investigated and implemented, including the addition of barriers or wildlife friendly fencing to prevent access to the most sensitive portions of the preserve edges such as wetlands and restoration planting areas. Conservation Collier staff will work in close coordination with the Collier County Sheriff's Office and the Florida Fish and Wildlife Conservation Commission Law Enforcement to report and respond to incidents of property trespass and damage. 6.4.3 Debris Removal Illegal Dumping has been a historic problem in this area of the County, largely as a result of the surrounding neighborhood streets and parcels being sparsely developed. Occurrences of illegal dumping along the streets adjacent to the preserve area have declined significantly since public visitation to the preserve began. Conservation Collier staff will continue to monitor and address any instances of illegal dumping and report them to the appropriate agency representatives at Collier County Code Enforcement. Conservation Collier staff will also continue to partner with community neighbors of the preserve to enhance the monitoring efforts of the daily activities around the boundary of the preserve. 43 <e Dr. Robert H. Gore III Preserve Land Management Plan To date, no significant instances of debris piles have been located within the preserve boundary. In the event that historic debris is located within the preserve, Collier County staff will utilize volunteers or debris removal specialist contractors to address the issue on a case -by -case basis. 6.4.4 Contaminant Remediation At this time, Conservation Collier staff have no record of any historic contamination or contamination concerns occurring within the Gore Preserve or surrounding area. If a concern of contamination is encountered, Collier County staff will address the concern with the appropriate enforcement agency. 7.0 Acquisition/Preserve Expansion 7.1 Management Goal: Goal 7: Pursue the acquisition of parcels adjacent to or nearby the existing preserve boundary. 7.2 Site Assessment Collier County Conservation Collier is a land acquisition program that purchases ecologically sensitive lands from willing sellers. Priorities for acquisition are based on the criteria in the Conservation Collier Implementation Ordinance and include factors such as protection of Collier County's surface and drinking water resources, protection of wildlife habitat, flood protection to the surrounding community, and opportunities for nature -based outdoor recreation. History of the Conservation Collier Program A series of community planning initiatives, begun in the late 1980s, culminated in 2001 with the Community Character and Design visioning process. This process identified the need for a greenspace acquisition program. The resulting initiative, "Vote Conservation 2002" placed a referendum question on the November 2002 ballot, asking voters whether they would be willing to tax themselves one quarter mill for 10 years to buy conservation lands and greenspace and to approve a $75 million limited tax general obligation bond. Nearly sixty percent of Collier County voters responded with a resounding YES! As a result, the Conservation Collier Ordinance (Ordinance No. 2002-63, as amended) was developed, with citizen input and County Commission approval, to make conservation and protection of environmental resources into a real plan for the future. In 2003, the Conservation Collier Program was initiated. In November 2006 Voters were again asked in a referendum "straw vote" question whether they understood and approved that the Conservation Collier Program would be funded by a quarter mill ad valorem property tax for a period of ten (10) years, until 2013. Eighty-two percent (82%) of voters approved! Active acquisition proceeded through 2010. At that point, reduced revenues resulting from economic conditions created uncertainty about future revenues. The initial acquisition phase was closed in January 2011 and available funds were appropriated in a maintenance trust fund. At that time, the program moved into a 44 <e Dr. Robert H. Gore III Preserve ==- Land Management Plan preserve management phase, including opening the preserves for public access and managing and hosting visitors. The Program remained in a management phase until 2017 when the Board authorized the use of management funds for the acquisition of more land. In 2018 and 2019, three (3) projects totaling 237 acres were purchased for $3 million, including the purchase of the Dr. Robert H. Gore III Preserve Parcels. In 2020, a voter referendum passed with 77% voter approval to restart the acquisition program for up to 10 years. Following this vote, the Board of County Commissioners authorized the start of the Cycle 10 acquisition cycle in 2021, followed by Cycle 11 in 2022. With the start of these acquisition cycles, Conservation Collier began accepting applications from willing sellers for parcels to acquire Cycle 10 and Cycle 11 Acquisition Strategy Following the start of Cycle 10 in 2021, Conservation Collier staff, land acquisition committee members, public stakeholders, and authorizing members of the board of county commissioners contributed to the development of Cycle 10 Target Protection Mailing Areas (TPMAs). These TPMAs defined parcels of greatest interest for acquisition. Through the Cycle 10 TPMA process, 68 property owners were identified surrounding the Gore Preserve and received letters inviting the owners to apply to this willing seller program. The 68 property owners represented a total of 165.7 acres of land potentially suitable for acquisition and directly adjacent to the Gore Preserve boundary. Of the 68 property owners contacted, 5 property owners submitted applications to be considered for acquisition in Cycle 10. One property, the Rudnick parcel totaling 1.59 acres, was offered as a donation to the Conservation Collier program and was incorporated into the Gore Preserve boundary in 2022. The remaining 4 parcels in the Cycle 10 Gore TPMA were ranked as A -list acquisitions and are pending offers. In 2021, in response to stakeholder feedback from the Florida Wildlife Federation, the Conservation Collier Land Acquisition Committee and later the Board of County Commissioners voted to approve a request to develop Priority Preserve Expansion Areas which would designate parcels directly adjacent to two Conservation Collier preserves, the Dr. Robert H. Gore III Preserve and Panther Walk Preserve, as priority expansion areas to be ranked for acquisition as part of Cycle 10 and as funds became available, authorize that offers could be made to property owners within these designated zones should they be interested in selling. 66 Parcels were identified within the Gore Priority Expansion Area totaling 157 acres. Gore Priority Expansion Area parcels were approved for ranking on the A -List for acquisition and purchase offers will be made to p ^rty owners as Cycle 10 funding all m ,-s were made to all property owners within the expansion area as well as any additional applicants to the program. Acquisition Cycle 11A and 11B began in 2022 and the Preserve Expansion Area for ranking was expanded and is pending board approval for A -list ranking. If approved by the BCC. purchase offers will be made to all Expansion Area parcel owners following a market stud,Lppraisal.: 45 Dr. Robert H. Gore III Preserve `- Land Management Plan 7.4 Management Methods 7.4.1 Priority Parcels for Acquisition Cycle 10 and Cycle 11 Acquisition Strategy Following the start of Cycle 10 in 2021, Conservation Collier staff, land acquisition committee members, public stakeholders, and authorizing members of the board of county commissioners contributed to the development of Cycle 10 Target Protection Mailing Areas (TPMAs). These TPMAs defined parcels of greatest interest for acquisition. Through the Cycle 10 TPMA process, 68 property owners were identified surrounding the Gore Preserve and received letters inviting the owners to apply to this willing seller program. The 68 property owners represented a total of 165.7 acres of land potentially suitable for acquisition and directly adjacent to the Gore Preserve boundary. Of the 68 property owners contacted, 5 property owners submitted applications to be considered for acquisition in Cycle 10. One property, the Rudnick parcel totaling 1.59 acres, was offered as a donation to the Conservation Collier program and was incorporated into the Gore Preserve boundary in 2022. The remaining 4 parcels in the Cycle 10 Gore TPMA were ranked as A -list acquisitions and are pending offers. In 2021, in response to stakeholder feedback from the Florida Wildlife Federation, the Conservation Collier Land Acquisition Committee and later the Board of County Commissioners voted to approve a request to develop Priority Preserve Expansion Areas which would designate parcels directly adjacent to two Conservation Collier preserves, the Dr. Robert H. Gore III Preserve and Panther Walk Preserve, as priority expansion areas to be ranked for acquisition as part of Cycle 10 and as funds became available, authorize that offers could be made to property owners within these designated zones should they be interested in selling. 66 Parcels were identified within the Gore Priority Expansion Area totaling 157 acres (Figure 9). Gore Priority Expansion Area parcels were approved for ranking on the A -List for acquisition and offer::...; l be made to property owners as Cycle 10 funding allows offers for purchase were made to all property owners within the Cycle 10 Preserve Expansion Area. Cycle 11 was authorized to begin in January of 2022. The Conservation Collier Program is accepting applications from willing sellers through June of 2022. As part of acquisition planning, additional parcels were identified surrounding the Dr. Robert H. Gore III Preserve for a Cycle 11 TPA4 A to include in the Preserve Expansion Area. Following approval from the BCC, property owners within the Cycle 11 Gore TPMA will -may receive letters inviting them to apply to havt- their- property considered for- acquisit offer letters for purchase following a market study appraisal. The undeveloped lands surrounding the existing Gore Preserve boundary provide an opportunity to expand protection to the east and west of the preserve and enhance the habitat available to wildlife utilizing this important dispersal corridor. 46 Dr Fee' 0 1.250 2,500 5,000 ■Dr. Robert H. Gore III Preserve (171.7 ac) A -list (58 parcels; 139.1 ac) Donation (t parcel; 1.59 ac) Expansion (100 parcels; 267.1 ac) Offer Accepted (8 parcels; 16.4 ac) Cycle 11 B parcels (5 parcels; 23.28 ac) Cycle 11 A parcels (4 parcels; 5.7 ac) CON ATION LIER W S,'O[ps an 47 r-, D 1,250 2500 5.000 Dr Robert H. Gore III Preserve Cycle 10Application Parcels -Acquisition _ Cycle 10 Application Parcel- Donation _ Gore Preserve Expansion Area Gore Preserve Cycle 11 Target Protection Mailing Area (TPMA) Parcels Cypress Cove Landkeepers 3 ExIsting Trails .. ---- Conceptual Trails CON ATioN LLkER Ca Cox»cy Figure 9. Acquisition Strategy Map for the Dr. Robert H. Gore III Preserve 48 <e Dr. Robert H. Gore III Preserve = — Land Management Plan 7.4.2 Partnership Opportunities Staff will seek out partnership opportunities for conservation, protection, education, and funding opportunities. Staff will explore possible land management funding assistance programs for the preserve. These may include but are not limited to grants offered by the USFWS South Florida Coastal Ecosystems Program, USFWS Partners for Fish and Wildlife Program (Conservation Collier Cooperative Agreement Modification would be required), the U.S. Department of Agriculture and/or FWC Upland Weed Management Working Group Funding. Conservation Collier Program staff will continue to build a strong partnership with members of the non-profit Cypress Cover Landkeepers to enhance environmental education program offerings and awareness of this up-and-coming resource for the residents and visitors of Collier County. Staff will continue to collaborate with the non-profit FStop Foundation to enhance the wildlife utilization monitoring throughout the preserve. Staff will also coordinate with the Collier County Scouts BSA and Girl Scouts of the USA for possible trail enhancement projects. MAJOR ACCOMPLISHMENTS 2018 Preserve Acquired and Named 2019 Completed Brazilian pepper removal project along reserve boundary 2019 Installed access trail for land management and future public access 2019 Awarded $32,480 in funding assistance for exotic treatment by FWC IPMS 2020 Awarded $28,132.50 in funding assistance for exotic treatment by FWC IPMS 2020 Interim Management Plan approved by the BCC 2020 Installed entrance sign and public use amenities 2021 Participated in the grand opening of the Gore Nature Education Center 2022 Developed the Final Management Plan 2022 Awarded up to $50,000 in funding assistance for exotic treatment by FWC IPMS Table 6. Major Accomplishments Since Acquisition 49 Dr. Robert H. Gore III Preserve Land Management Plan PROJECTED COSTS/OPERATIONAL STRATEGY O. 030 Costs Exotics $30,000 $45,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 Removal Trail Installation $2500 $12,000 $3000 $500 $500 $500 $500 $500 $500 $500 $500 Maintenance Fencing & $800 $10,000 $10,000 $250 $250 $250 $0 $5000 $0 $250 $0 Gates Educational Material: $500 $1000 $1000 $200 $0 $200 $0 $200 $0 $200 $0 Signage and Brochures Restoration/ $300 $0 $800 $0 $0 $200 $0 $0 $200 $0 $0 Planting Parking Lot $0 $30,000 $70,000 $1000 $1000 $1000 $1000 $1000 $1000 $1000 $1000 Amenities Equipment/ $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 Supplies ■ Total Anticipated $34,600 $98,S00 $100,300 $17,450 $17,250 $17,6S0 $17,000 $22,200 $17,200 $17,450 $17,000 Costs Table 6. Projected Operating Budget through 2032 50 Dr. Robert H. Gore III Preserve Land Management Plan Appendix 1. Legal Descriptions APPENDICES EXHIBIT "A" COUNTY'S PROPERTY — DR. ROBERT H. GORE III PRESERVE Physical Address: 4055 40th Ave SE, Naples, FL 34117 PORTION OF GOLDEN GATE EST UNIT 91, GOLDEN GATE EST UNIT 91A, GOLDEN GATE EST UNIT 92, AND GOLDEN GATE EST UNIT 92A AS DESC IN OR 5573 PG 688, AND GOLDEN GATE EST UNIT 91 N 150FT OF TR 76, LESS GOLDEN GATE EST UNIT 92 TR 84, LESS GOLDEN GATE EST UNIT 92 W 180FT OF TR 86, LESS GOLDEN GATE EST UNIT 91, N 150FT OF TR 74 GOLDEN GATE ESTATES, PLAT BOOK 5, PAGES 30-31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TAX IDENTIFICATION NUMBER: 41500040008 (160.46 acres) 2. GOLDEN GATE EST UNIT 91 N 150FT OF TR 74. GOLDEN GATE ESTATES, PLAT BOOK 5, PAGE 30 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TAX IDENTIFICATION NUMBER: 41506600002 (2.34 acres) 3. GOLDEN GATE EST UNIT 92 TR 84. GOLDEN GATE ESTATES, PLAT BOOK 5, PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TAX IDENTIFICATION NUMBER: 41616920009 (5.68 acres) 4. GOLDEN GATE EST UNIT 92 W 180FT OF TR 86 OR 1836 PG 276. GOLDEN GATE ESTATES, PLAT BOOK 5, PAGE 30 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TAX IDENTIFICATION NUMBER: 41617120002 (2.73 acres) APPROXIMATELY 171.2 ACRES COMBINED 51 Dr. Robert H. Gore III Preserve Land Management Plan Appendix 2. Memorandum of Understanding Between Collier County and Cypress Cove Landkeepers MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY AND CYPRESS COVE LANDKEEPERS, INC. This Memorandum of Understanding ("MOU") is entered into this day of , 2020 between COLLIER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CYPRESS COVE LANDKEEPERS, INC. ("CYPRESS COVE"). Recitals WHEREAS, on July 10, 2018 COUNTY acquired the properties identified on Exhibit "A" from The Robert H. Gore III Inter Vivos Trust, dated July 25, 1986, for public use in COUNTY's Conservation Collier Program (COUNTY's PROPERTY or DR. ROBERT H. GORE III PRESERVE); and WHEREAS, on January 28, 2020the County approved the Interim Management Plan for the DR. ROBERT H. GORE III PRESERVE; and WHEREAS, June 7, 2019 CYPRESS COVE acquired the properties identified on Exhibit "B" from The Robert H. Gore III Inter Vivos Trust, dated July 25, 1986 for public use as nature center ("CYPRESS COVE's PROPERTY" OR "NATURE CENTER"); and WHEREAS, the COUNTY and the CYPRESS COVE wish to provide for coordination and cooperation of environmental, educational, and historical outreach information and signage on the properties for the benefit of the citizens of Collier County and others that may visit the properties. NOW THEREFORE, it is agreed as follows: 1. Authority. This MOU is entered into pursuant to Conservation Collier Ordinance No. 07-65, as amended (Section 4, Paragraph 12) and the Action Plan set forth in COUNTY's Interim Management Plan. 2. Duration. This MOU shall remain in effect until it is terminated in writing by either party upon 30 days written notice to the other party. 3. Effect of Recitals. 52 ONkql Dr. Robert H. Gore III Preserve Land Management Plan The recitals set forth above are adopted as findings of fact and incorporated into this MOU. 4. COUNTY PROPERTY — DR. ROBERT H. GORE III PRESERVE. A. The County agrees to use the DR. ROBERT H. GORE III PRESERVE in accordance with the Interim Management Plan, as it may be amended or become a Final Management Plan, as amended ("Management Plan"). B. As with all Conservation Collier Property, the Preserve Management Ordinance No. 11-38, as it may be amended or otherwise modified or replaced applies at the DR. ROBERT H. GORE III PRESERVE. C. No pets will be permitted in on the COUNTY's Property unless the Management Plan indicates that pets are allowed. D. COUNTY will install a lime -rock parking area on COUNTY's Property. The need for parking spaces and the number of spaces will be determined by COUNTY and is initially expected to be 5-6 parking spaces. E. Events that are to occur at the DR. ROBERT H. GORE III PRESERVE after dusk will be coordinated with CYPRESS COVE. F. CYPRESS COVE employees and volunteers providing services on COUNTY's Property pursuant to this MOU are not considered agents or employees of COUNTY. G. The Interim Management Plan does not allow hunting on COUNTY's property due to the limited acreage and proximity of adjacent homesites. "No hunting" signs will be installed on COUNTY's Property. Signs prohibiting trespass, litter, firearms, all -terrain vehicles and poaching will also be installed on COUNTY's Property, H. Signs on COUNTY's Property will be coordinated with CYPRESS COVE such that signs on COUNTY's Property and signs on CYPRESS COVE's Property are consistent in content. CYPRESS COVE and COUNTY will send each other signage for review that includes mention of each other. Use of each party's logo on signage shall be approved in advance. 5. CYPRESS COVE's PROPERTY — NATURE CENTER A. In the event the NATURE CENTER and/or CYPRESS COVE property is open after dusk, CYPRESS COVE will notify the COUNTY. The intent is for evening events to be limited to reduce traffic for safety of wildlife after dusk. B. Gate located to 40th Avenue SE will be locked when the NATURE CENTER is not open. C. CYPRESS COVE will cooperate with COUNTY regarding any well installation COUNTY decides to pursue. D. Signs on CYPRESS COVE's Property will be coordinated with COUNTY such that signs on CYPRESS COVE's Property and signs on COUNTY's Property are consistent in content and appearance. E. CYPRESS COVE will coordinate its grand opening celebration with COUNTY. F. CYPRESS COVE's use of the COUNTY's trails is limited to open hours. 53 Dr. Robert H. Gore III Preserve Land Management Plan 6. Indemnification. Each party to this MOU agrees to be responsible for the liabilities arising out of their own conduct and the conduct of their officers, employees and agents with COUNTY's indemnification subject to Section 768.28, Florida Statutes. Notice. Any notice sent pursuant to this Memorandum of Understanding shall be sufficient if sent by regular U.S. Mail to the following addresses: A. COLLIER COUNTY: CONSERVATION COLLIER COORDINATOR Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, FL 34116 Conservation Col Iier(@colIiercountyfl.goV 239-252-2961 B. CYPRESS COVE: CYPRESS COVE LANDKEEPERS, INC. Attention: Current President Mailing Address: PO Box 110308 NAPLES, FL 34108 (239)-308-0281 info(a)wildnaples.com 8. Amendment. Any amendment to this MOU or its exhibits shall be in writing and shall not be effective until executed by both parties. 9. Assignment. In light of the scope and rationale for this MOU, neither party may assign, transfer, or sell any of the rights set forth in this MOU, or associated with this MOU, without the express written consent of the other party. 10. Relationship of the Parties. No employee of either party shall be deemed an employee of the other party. Nothing in this MOU shall be construed to create an agency relationship, partnership, association, or joint venture between the parties. 54 Dr. Robert H. Gore III Preserve Land Management Plan IN WITNESS WHEREOF, the parties have executed this MOU as of the date set forth above. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: , DEPUTY CLERK Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney By: BURT L. SAUNDERS, CHAIRMAN CYPRESS COVE LANDKEEPERS, INC. By: Shane Duff PRESIDENT 55 Dr. Robert H. Gore III Preserve - Land Management Plan Appendix 3. Letter Recommending Acquisition by the US Fish and Wildlife Service xr Department of the Interior „ US Fish & Wildlife Service FL Panther National Wildlife Refuge s t,. 12085 SR 29 South e Immokalee, FL 34142 239-657-8001 March 27, 2017 Chairman Conservation Collier Land Acquisition Advisory Committee Parks and Recreation Department Golden Gate Community Park 3300 Santa Barbara Blvd, Naples, FL 34106 Dear Mr. Poteet, The US Fish and Wildlife Service has a rich history of conservation through many different programs in Collier County, including managing over 63,000 acres of land in Florida Panther and Ten Thousand Islands National Wildlife Refuges. We are also an active partner in the Picayune Strand Restoration Project and work with the Florida Forest Service, Florida Department of Envirotnnental Protection and Golden Gate Fire Department to assist with prescribed burning and wildfire management in Southwest Florida. While the National Wildlife Refuges we manage are part of a network of public lands and private lands that provide habitat for marry vulnerable species, additional land conservation efforts to secure vital linkages that connect this network of lands is necessary. One such linkage is the Gore property in the Golden Gate Estates along 1-75 connecting the Florida Panther NWR with Collier County's Belle Meade Natural Resource Protection Area (NRPA) and the proposed Collier County Belle Meade Flowway project to the west of the Gore property Currently, the area is sparsely populated by humans, and serves as a natural corridor for many species including the Florida Panther. The purchase of the Gore property by Conservation Collier, Cypress Cove Conservancy or other conservation organization would facilitate the linkage identified above by connecting the North Belle Meade NRPA east to the Florida Panther National Wildlife Refuge and south to the Picayune Strand State Forest and Restoration Project; thereby protecting the regional conservation investments made to date. Additionally, the Gore property is located adjacent to the Faka Union Canal, and the Florida Department of Transportation recently constructed Florida panther (wildlife crossings) at the Miller and Faka Union canals on I-75, Protection of these wildlife crossing areas north and south of 1-75 is important to facilitating the safe wildlife passage across the interstate highway. Fencing along I-75 is currently being constructed to the west of the Gore property to reduce panther mortality on that stretch of the interstate. S6 Dr. Robert H. Gore III Preserve Land Management Plan Protecting these lands is a proactive approach, to reduce the inevitability of wildlife human interactions should these lands be developed, would protect regional wildlife corridors and would continue the environmental education opportunities that have been provided by the property for some 25 years or more. The Gore property represents one of the most dedicated local private efforts to secure fish and wildlife resources for the enjoyment of fixture generations of Collier County citizens. Please consider our recommendation to purchase this significant addition to Collier County's Conservation program. Sincerely, c evin Godsea Project Leader Florida Panther National Wildlife Refuge Cc: Alex Sulecki (Conservation Collier) Bobbie Lee Ominger (Cypress Cove Conservancy) 57 Dr. Robert H. Gore III Preserve Land Management Plan Appendix 4. Images Documenting the Impacts of the January 2022 Frost Event urp m Dr. Robert H. Gore III Preserve Land Management Plan 59 CONSERVATION COLLIER PROPOSED CYCLE 12 TARGET PROTECTION AREAS Prepared for: The Conservation Collier Land Acquisition Advisory Committee Meeting February 1, 2023 Conservation Collier Cycle 12 Target Protection Mailing Areas (TPMA) TABLE OF CONTENTS # on Page 3 Overview Map Description Page # N/A Cycle 11 Target Protection Mailing Areas 3 N/A Conservation Collier Preserves and Target Protection Mailing Areas Overview Map 4 N/A Conservation Collier Preserves and Target Protection Mailing Areas Overview Map by Commission District 5 1 Caracara Prairie Preserve 6 2 Pepper Ranch Preserve 8 3 Immokalee 10 4 Railhead Scrub Preserve 12 5 Rivers Road Preserve 14 6 Randall Curve 16 7 Immokalee Road North of Oil Well Road 18 8 Redroot Preserve 20 9 Panther Walk Preserve 22 10 NGGE Scrub 24 11 Gordon River Greenway 26 12 Nancy Payton Preserve 28 13 Dr. Robert H. Gore III Preserve 30 14 Bayshore 32 15 East Naples 34 16 County Barn 36 17 Rattlesnake Hammock Preserve 38 18 Shell Island Preserve 40 19 Mcllvane Marsh Preserve 42 Supplement 1- Selection Strategy Cycle 11 Target Protection Area Parcel Selection Strategy 44 Conservation Collier Potential Acquisition Lands 2019 45 Distribution of CLIP Priority Natural Communities in Collier County 46 Cycle 11 Target Protection Mailing Area Priority Natural Communities Present 47 Page 2 of 47 Cycle 12 Target Protection Mailing Areas (TPMA) # on Page 3 Overview Map Target Protection Mailing Area Parcels Acreage 14 Bayshore Area 3 71.6 1 Caracara Prairie Preserve 8 376.0 16 County Barn 4 98.6 13 Dr. Robert H. Gore III Preserve 184 462.9 15 East Naples Area 1 30.8 11 Gordon River Greenway 11 25.9 3 Immokalee 19 3,007.6 7 Immokalee Rd. N. of Oil Well Rd. 28 99.9 19 Mcllvane Marsh Preserve 8 696.1 12 Nancy Payton Preserve 32 252.0 10 NGGE Scrub 40 102.5 9 Panther Walk Preserve 247 480.4 2 Pepper Ranch Preserve 3 74.4 4 Railhead Scrub Preserve 1 75.7 6 Randall Curve 10 76.2 17 Rattlesnake Hammock Preserve 1 4.2 8 Redroot Preserve 2 24 5 Rivers Road Preserve 22 84.8 18 Shell Island Preserve 3 131.2 TOTAL 627 6,174.8 Page 3 of 47 c� m a) a C o >; �a) o U)U) c- c N O U I I I ' N I + kI • O L �• Iva • N dn19 2i311100 LO r` rM • co L G a r� ~ N N o Q Q c m= o > aLU'i :+ c o a m o a��i a� Q Q E a� \ d c ~ ! o U aa) o cn d o m m c Y Y o w o o z a�'i _ m f3 U L 'a co oL C� o m c�a o io t \ 'a U E m a E � a Z 0 Z 0 m W U w co � 7� y o - - v - — - — — N M V � c0 I� 00 � 0 r� , �J• d O N O � N Z, � �L N C O L C 'E o �U c L CD L a a� ca L L Q O �+ o co 0 L L cn O 'U_ c U) 0 'E U d N M qt O O V 1110 T- � � r In Q L G a 'iM Q Q Q Q N n1�') •� a Q i N Q a g a s ~ a Q a~ a a> >� Q ~ s m m c coo o U a�i o cn a o m °o m 0 p U O t Z - (3) _ > �'vi �� 1 �• U a E m �' �' a' a N CO l!'. fD 00 '�T y N M V 6 , 00 6 71 0 >rG a • IL 0 0 LO 0 cy") U) N T- m O N 7-3 n I- L N U) N ^L n m n m L m U m L m U M N T- C� G O LL U U) N WE U) Q CN U %1 U L' ^ W 5 U c o 0 L 00- 0 ` % o Q m c Q 0- a) .T Q � I Q O Q Q co Q) Q c 0 o U + (n Z �_ L F- �L 0 0 0 0 = •L •L •L •L E a a U U 4s"LA x �� >>bN b312iO�Jl`b'1 42i W2ib'� dNO��b'bl Z J 1 M V _ M 0 W a d I1J D_ 0 Y � d a> O � U G) m Q a o ) ir- U) L 0 of Q Q 0 a U) i i C0 G CM i 0 Q D 0) 0 U w i U Q N U U U U Z C _oW J C v0 0 v M N C7 O 00 (3) C� J co ti O O M i _(n O U L n 0 LO 0 M N s U) SQ LL co N O cn co U- O a OO E cA U CD U) co � U Q U Q U U '0 O U � Q J U O Q U � O Q Q J ry O Q m L- ^W Y �U') o Q , , U U d U m_ U m , O c mcn U Of O Q 0 Q O, , \Q =VLL 0— Z) a OQ dnl8 )*JVd8lV O �oa-c= _ J 01 Q LO O U) U U� � U ia_> Q O 0 (0 CO a M = a � LL� U) Q LL of �. 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CURCIE RD F� - N C 0 N CQ G n F-- N (A N ^L n U) L m m L 10 L G Cl) m c C Q� 0 M U� U� �Q `'?00= > A �LJ�� Q 42i MMi Sl XIS a L.L Q M 0 o Q 3 0 D d Go J m } 1 0 0 D d (-URCIE RID - N s_7 z O U Cycle 12 Target Protection Mailing Area Parcel Selection Strategy The goal of the Conservation Collier Program is to protect and conserve the remaining greenspaces within Collier County. Several factors limit how much land can be acquired; therefore, the program must selectively target the most valuable of these remaining lands. The Conservation Collier Implementation Ordinance identifies five initial criteria to evaluate parcels for acquisition. The most limiting criteria among remaining available parcels is the presence of "land with the most rare, unique and endangered habitats in Collier County." The Critical Lands and Water Identification Project (CLIP) is a collection of spatial data that identify priorities for a broad range of natural resources in Florida. The CLIP Priority Natural Communities layer was developed by the Florida Natural Areas Inventory using the Florida Cooperative Land Cover System for the Florida Forever Conservation and Recreation Land Acquisition Program. Florida Forever uses this layer, among others, to create a statewide blueprint for conserving natural resources. Natural communities within this layer are prioritized using a combination of their global conservation status rank and their landscape context. The priority natural communities identified within Collier County by this layer neatly overlap with those listed as priorities in the Ordinance (Table 1). In addition to the communities listed in the Ordinance, the layer prioritizes pine flatwoods in our region. Undeveloped parcels within the potential acquisition lands were considered for acquisition based primarily on whether they contained priority natural communities, but also if they enhanced current conservation lands, were at risk of development, were "large", or were currently listed for sale (Figures 1 & 2). The results are summarized in Table 2. Table 1. Comparison between Conservation Collier Implementation Ordinance priority habitats and CLIP Priority Natural Communities and their ranking Ordinance Habitats Corresponding Priority Natural Community Priority Tropical Hardwood Hammock Upland Hardwood Forest 1 Xeric Oak Scrub Scrub 1 Coastal Strand Coastal Upland 1 Native Beach Coastal Upland 1 Xeric Pine Scrub/Pine Flatwood 1 - Pine Flatwoods 2 Riverine Oak - NA High Marsh (Saline) Coastal Wetland 3 Tidal Freshwater Marsh Coastal Wetland 3 Page 44 of 47 Figure 1. Conservation Collier Potential Acquisition Lands 2019 Figure C-1. DRAFT Conservation Collier Potential Acquisition Lands 'r Legend - Conservation Collier Preserves - Other Preserve Areas Potential Acquisition Lands ` Collier County Boundary sum Major Roads Land Use Designations Conservation r - North Golden Gate Estates Urban +4 8 , -•; = 4 - I Agriculturah f Rural Rural Fringe Mixed Use District = Rural Lands Stewardship Area Overlay s. Area of Critical State Concern '�i. `. J` I �a �4' r .1 - rrwwArenee sraaao sane a crPAes &aoa T�`I'i,E �� aaEse9vE '-1'•iJ .' C/,aF•POrNe�.T�N L!!�ll�ry"'�'_•"+PS l ,....,. Map Is a drat[ document and should not he used for decision making purposes. Source: CclNer County Conservation Collier. 10-7-2019. Conservation Colrierr111apahkequisidon PlanMk,,RingM.pAndShapefilesf10-7-18/P6orityAreas10.7-19 Q 5 14 Miles I I J s Page 45 of 47 Figure 2. Distribution of CLIP Priority Natural Communities in Collier County CLIP4 Priority Natural Communities in Collier County 0 25 50 Miles (...Alm ty Page 46 of 47 Table 2. Cycle 12 Target Protection Mailing Areas Target Protection Mailing Area Parcels Acreage Priority Natural Communities Present Bayshore Area 3 71.6 Hydric Pine Flatwoods, Salt Marsh Caracara Prairie Preserve 8 376 Mesic Flatwoods County Barn 4 98.6 Mesic Flatwoods, Hydric Pine Flatwoods Dr. Robert H. Gore III Preserve 184 462.9 None East Naples Area 1 30.8 Mesic Flatwoods, Hydric Pine Flatwoods Gordon River Greenway 11 25.9 Mangrove Swamp Immokalee 19 3,007.6 Mesic Flatwoods, Scrub, Scrubby Flatwoods Immokalee Rd. N. of Oil Well Rd. 28 99.9 Mesic Flatwoods, Hydric Pine Flatwoods, Palmetto Prairie Mcllvane Marsh Preserve 8 696.1 Hydric Pine Flatwoods, Salt Marsh, Mangrove Swamp Nancy Payton Preserve 32 252 Mesic Flatwoods, Hydric Pine Flatwoods NGGE Scrub 40 102.5 Scrubby Flatwoods Panther Walk Preserve 247 480.4 Mesic Flatwoods, Hydric Pine Flatwoods Pepper Ranch Preserve 3 74.4 Mesic Flatwoods, Hydric Pine Flatwoods Railhead Scrub Preserve 1 75.7 Mesic Flatwoods, Scrub Randall Curve 10 76.2 Mesic Flatwoods, Hydric Pine Flatwoods, Palmetto Prairie Rattlesnake Hammock Preserve 1 4.2 Hydric Pine Flatwoods Redroot Preserve 2 24 Mesic Flatwoods Rivers Road Preserve 22 84.8 Hydric Pine Flatwoods Shell Island Preserve 3 131.2 Salt Marsh* Total 627 6,174.8 * Not identified by layer but presumed present Page 47 of 47