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Agenda 04/26/2016 Item #10B 4/26/2016 10.B. EXECUTIVE SUMMARY To provide an overview of the process for the Eastern Collier Habitat Conservation Plan (HCP) being carried out by the US Fish and Wildlife Service. (Commissioner Taylor) OBJECTIVE: To provide information regarding the process and timeline involved with the US Fish and Wildlife Service's preparation for drafting an Environmental Impact Statement related to the permit application for the incidental take of listed species. CONSIDERATIONS: On March 30, 2016, the U.S. Fish and Wildlife Service sent a letter to the Board of County Commissioners (BCC) indicating that it intends to prepare a draft Environmental Impact Statement (dEIS) related to an anticipated permit application from nine Collier County, Florida landowners for the incidental take of listed species. The dEIS will be prepared in accordance with the National Environmental Policy Act (NEPA). To meet the provisions of the NEPA,the Fish and Wildlife Service is gathering information necessary for the dEIS beginning with a public scoping process. The purpose of the public scoping process is to identify relevant issues that will influence the scope of the environmental analysis,including alternatives,and guide the process for developing the EIS. The Eastern County Property Owners have developed a draft Habitat Conservation Plan(HCP)which was submitted to the U.S. Fish and Wildlife Services in May 2015 for review. Collier County Growth Management has been compiling information regarding the future development of the Rural Lands East including a 2009 five year review of the Rural Land Stewardship Area and some recommended comprehensive plan amendments in addition to numerous other studies and plans. Proper planning of the future development of this area of Collier County is of critical importance and calls for a careful understanding of the permitting process. FISCAL IMPACT: None LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues, and requires majority vote for approval. -JAK RECOMMENDATION: To provide an overview of the process for the Eastern Collier Habitat Conservation Plan(HCP)being carried out by the US Fish and Wildlife Service. PREPARED BY: Penny Taylor,Commissioner—District 4 AGENDA DATE: April 26,2016 Packet Page -18- 4/26/2016 10.B. COLLIER COUNTY Board of County Commissioners Item Number: 10.10.B. Item Summary: To provide an overview of the process for the Eastern Collier Habitat Conservation Plan (HCP) being carried out by the US Fish and Wildlife Service. (Commissioner Taylor) Meeting Date: 4/26/2016 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, County Managers Office 4/19/2016 7:14:06 AM Submitted by Title: Executive Secretary to County Manager, County Managers Office Name: BrockMaryJo 4/19/2016 7:14:08 AM Approved By Name: KlatzkowJeff Title: County Attorney, Date: 4/19/2016 9:24:36 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 4/20/2016 12:27:38 PM Packet Page -19- 91.0Z/9Z/tb 3.cET of?A/4, f ISF[.&WILDLIFE QP ! .y United States Department of the Interior SERVICE FISH AND WILDLIFE SERVICE _V a• South Florida Ecological Services Office MgHe 1339 20°i Street Vero Beach, Florida 32960 March 30, 2016 The Honorable Donna Fiaia Collier County BOCC 3299 Tatniami Trail East, Suite 303 Naples, Florida 34112 Dear Commissioner Fiaia, The purpose of this letter is to provide notice that the U.S. Fish and Wildlife Service (Service) intends to prepare a draft Environmental Impact Statement (dEIS) related to an anticipated permit application from nine Collier County, Florida landowners for the incidental take of listed species. The Department of the Army, through its bureau the U.S. Army Corps of Engineers, will be a cooperating agency in the development of the dEIS. The dEIS will be prepared in accordance with the National Environmental Policy Act (NEPA). The permit application would include an "Eastern Collier Multiple Species Habitat Conservation Plan" (ECMSHCP) prepared in accordance with the Endangered Species Act of 1973, as amended (ESA). The ECMSHCP covers approximately 152,124 acres of land in northeastern Collier County and borders Lee and Hendry counties. The enclosed information sheet provides additional details regarding the landowners, proposed action, and the NEPA and ESA processes. A copy of the ECMSHCP is available at the project website at www.easterncollierHCPEIS.com. The Service invites you to attend an online inter-agency scoping meeting from 10:00 am— 12:00 pm, Tuesday, April 19, 2016, to provide input on the EIS scoping process. During the meeting we will discuss project component details, obtain input to understand any issues that your agency believes are important to the EIS analysis, and review the project schedule. Elected/appointed and Tribal officials and other interested parties are also welcome to attend the online inter- agency scoping meeting. Instructions for accessing the online interagency scoping meeting are provided below. Online Inter-Agency Scoping Meeting fe Tuesday, April 19, 2016 1 10:00 am— 12:00 pm Meeting number: 593 525 539 Audio connection: 1-866-203-6896 Call-in toll-free number Conference Code: 968 574 2310 Meeting link: https://inter call.webex.com/intercall/j.php?MTID=m9633eb376ab 1993b2926dc365fff223e -OZ- aged ta)lDed '8'0 19 1,02/9Z/V Page 2 In addition to the online interagency meeting,an open-house public scoping meeting ,be held at 5:00 pm,Tuesday,April 12,2016,at the University of Florida/Institute of Food ana Agricultural Sciences Collier County Extension Building, 14700 Immokalee Road, Naples, Florida. Information presented at the online inter-agency scoping meeting will be similar to that presented at the open-house public scoping meeting. You may attend the online inter-agency scoping meeting or the open-house public scoping meeting(or both if you choose). The Service invites written comments on the scope of issues and alternatives to be included in the draft EIS as well as any other written data, views,or arguments with respect to the anticipated permit application. Please submit scoping comments to the Service via one of the following methods: FAX: 512-490-0974 E-mail: comments-eastcollienccp @fws.gov US Mail: Comments—Eastern Collier HCP EIS US Fish and Wildlife Service South Florida Ecological Services Field Office 1339 20th Street Vero Beach,Florida 32960-3559 We must receive any written comments on or before April 24, 2016. For further information please contact: Kenneth McDonald, Project Manager South Florida Ecological Services Field Office 1339 20th Street Vero Beach, Florida 32960-3559 Office: 772.469.4284 Fax: 772.562.4288 kenneth_mcdonald@fws.gov We look forward to your participation in the EIS process. Sincerely yours, Roxanna Hinzman Field Supervisor South Florida Ecological Services Office -TZ- aed Ia)Iped /17 Eastern Collier p .$r . Species Multi p le Habitat Conservation Plan Environmental Impact Statement '24 tlg Agency Scoping Meetin April 19, 2016 (Online) 10:00 am EDT Login instructions are available at v..rwmeastemcoHierHCPEIS.com � hta o A Us• ;, s �t MISS tik 2007 flr Dc r•,ovzm;FWC Project Summary To meet the provisions of the National Environmental Policy Act(NEPA),the Fish and Wildlife Service(Service) is gathering the information necessary to prepare a draft environmental impact statement(EIS)related to an anticipated permit application from nine Collier County, Florida landowners(prospective applicants)for the incidental take of federally-listed species.The permit application would include an"Eastern Collier Multiple Species Habitat Conservation Plan" (ECMSHCP) prepared in accordance with the Endangered Species Act of 1973,as amended. A copy of the Draft ECMSHCP can be found at v,,,,/v measternco lerHH( PEIS.com . The prospective applicants include: • Alico, Inc. • Heller Bros. Packing Corp. • Barron Collier Investments, Ltd. • John E. Price,Jr.Trust • Collier Enterprises Management,Inc. • Pacific Land, Ltd. • Consolidated Citrus Limited Partnership • Sunniland Family Limited Partnership • English Brothers Partnership Scoping The purpose of the public scoping process is to identify relevant issues that will influence the scope of the environmental analysis,including alternatives,and guide the process for developing the EIS. The purpose of this Scoping Meeting is to obtain suggestions and information on the scope of issues and alternatives to be included in the draft EIS as well as any other written data,views,or arguments with respect to the anticipated permit application. -ZZ- e2ed 1a)aed Proposed Action s > i�osea Action • Issuance of Indic al Take Permit(ITP) The prospective applicants intend to seek an incidental take permit(ITP) by the U.S. Fish I Wildlife Service let would authorize take resulting from the residential and commercial . Covers effects tc development and earth mining activities described in the ECMSHCP on certain lands("covered lands"). The ECMSHCP would include measures • 10 Federally ted and Candidate to avoid,minimize,and mitigate for incidental take with an emphasis on Species preserving some of the lands to maintain the viability and continued 6 State-LISte . _pecies existence of populations of federally-listed threatened and endangered • Covers approximately 152,124 acres of species. privately owned lands in Eastern Collier The ECMSHCP also would include a funding mechanism for the County,:FL avoidance,minimization and mitigation measures,such as land • Duration of the ITP proposed to be 50 acquisition, habitat mitigation,establishment of wildlife crossings, Years ecological restoration,land management,and actions to assist in the conservation of species through research.The proposed term of the ITP would be 50 years. The figure below provides a map of the areas discussed in the ECMSHCP. Covered Lands NAP- OKALOACOOCHEE W''''' SLOUGHSTATE FOREST m z DINNER ISLAND t vs ,. r RANCH WILDLIFE k ' MANAGEMENT AREA . .kalee � • -: r I h s„„.„ „„... CORKSCR W REGIONAL I s , v 11-- ECOSYSTEM WATERSHED t1i Legend .\ 75 ` r Preservation! i € 4 i. Plan-Wide Activities �� '; ∎ + . �� <= Covered Activities y Very Low Density Use (<1DU:50Acres) 41 � Base Zoning ;v� (1DU:5Acres) r Prior Perm Federittin In al itiated m� g 1' FLORIDA Eligible for T. PANTHER NATIONAL HCP Inclusion 1 WILDLIFEREFUGE; ? Rural Land Stewardship Ie ❑ Area Boundary NAPLES �_ FAKAHATCHEE - STRAND PRESERVE Existing ,t � STATE PARK° ! Conservation Land r °°� PICAYUNE ' ^•a — °q ° STRAND STATE ri. , Water " r 7 a s a s FOREST m s \�4 ° ,w 5-- M Milos County Boundary -EZ- a2ed 1ared .I / u.s. FISH&' '8'0 9 1.02/9Z/t SERVICE USFWS Role in this Process r The Service is providing technical assistance to the applicants and reviewing the East :oilier Multiple Species HCP to ensure issuance of an Incidental Take Permit under Section 10(a)(1)(B the ESA,to the applicants; • will not jeopardize the survival and recovery of federally-listed species, • will not lead to the listing of other species of conservation concern. Process Overview 1 HCP Habitat Conservation 1. The Eastern Collier Property Owners have developed a Plan draft HCP to support a future ITP application.The draft HCP ronme National Pl Environmental Policy has been submitted to the U.S. Fish and Wildlife Service Act(NEPA)requires the (May 2015)for review. 2 F IS Service prepare an EIS for any Federal action 2. The Service is preparing a Draft EIS for public review that Environmental that quality the affects Impact the q��ality of the human details potential impacts of the ITP and HCP. After public = Statement environment. comment the Final EIS will be published, and the Service The issuance of an will prepare a Record of Decision (ROD). - permit "'�� • �� incidental take IrrP (ITP)by the Service is a 3. If the Service determines that the HCP meets the ESA r major federal action Section 10(a) criteria the Service will issue the ITP. IncTake al Take Permit What is an HCP? What is an EIS? • HCPs describe the anticipated effects of the proposed taking; how those impacts will be minimized,or mitigated,and how it will be funded. It can apply to both listed and nonlisted species,including those that are candidates or have been proposed for listing. • An EIS is a document prepared to comply with the requirements of the National Environmental Policy Act(NEPA),to analyze and disclose the effects of proposed activities on the environment. It consider potentially significant short, long-term,direct, indirect,and cumulative effects of the proposed action and its reasonable alternatives. • The EIS incorporates public and agency comments regarding scope and alternatives. Key Definitions Section,10(a)Criteria "Take"means to harass,harm,pursue,hunt, • The taking will be incidental; shoot,wound,kill,trap,capture,or collect The applicant will,to the maximum extent practicable,minimize and mitigate the impact of such taking; any threatened or endangered species. • The applicant will develop an HCP and ensure that adequate funding for the plan will be provided; "Harm"may include significant habitat I modification where it actually kills or injures a • The taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; listed species through impairment of essential • The applicant will carry out any other measures that the Secretary of the Interior may require as being behavior. necessary or appropriate for the purposes of the HCP. Next Steps • EIS Scoping The U.S Fish and Wildlife Service may issue permits for the 2 EIS • Draft EIS 3 ITP "incidental take"of endangered and threatened wildlife species. Environmental • Public Hearing Incidental Incidental take is defined by the ESA as take that is"incidental to, Impact Take and not the purpose of,the carrying out of an otherwise lawful Statement ;. • Final EIS Permit activity." • Record of Decision „ . . A permit holder is authorized incidental take as long as they are compliant with the terms of the HCP,the ITP,and all other federal and state laws. -17Z- aged lelDed „4403,-,-: is isk t,, 440. ,A p •,, `r-,.a"1.;1 I 'I� '. „' `j { c; '.�, t �"�' 'i aVs''''1,..-11k1,h �, y,!cif;:n ,'' ; '''''..1 ms`si,1 i J, :r.9;�,[►r 'G ,may, 1 4411k,�Ott e^i At .- . �'/i �”" k* " t x9 ...-.. .,y -:.v 14 t i• '� �"" - r'' �;SR �:1 ,F‘ f�`I } - � �# ( f off.t. iw -- � .r - ! 4 I f 15 t C. vii l f ,. _.t ,• SA. F f J� Useful Comments To assist us in identifying the full range of issues related to the prospective permit application, we invite written comments from interested parties. Comments that raise significant issues are the most helpful. An issue is a point of disagreement, debate, or dispute with a proposed action based on some anticipated environmental effect. Significant issues are those issues that are related to significant or potentially significant effects.An issue is more than just a position statement. An issue: • has a cause and effect relationship with the proposed action or alternatives; • is within the scope of the analysis; • has not been decided by law, regulation, or previous decision; • and is amenable to scientific analysis rather than conjecture. t; The U.S. Fish and Wildlife Service will use scoping comments to develop/refine Alternatives for analysis in the EIS Comment Submittal - Options Several options are available for those who would like to submit comments regarding the scope of the EIS. Those options include the following: 4 if • E-mail comments to: orris n eats-ea? z%cE.. ie p@f-vevs,go_v • Fax comments to: (512) 490-0974 ., • Mail written comments to: Comments— Eastern Collier HCP EIS I!. U.S. Fish and Wildlife Service South Florida Ecological Services Office 1339 20th Street Vero Beach, FL 32960 i I 1 Please have all scoping comments submitted by April 24, 2016. ; ' jkf -SZ- @Sed 1@)13ed , I 4/26/2016 10.B. ANT OF�, 'plstlg S. ' �� ► "F United States Department of the Interior x° FISH AND WILDLIFE SERVICE s• South Florida Ecological Services Office —�' ' Ecological 4 1339 20`x'Street "k71 �'�ROH 3 �°A Vero Beach, Florida 32960 April 12,2016 • The Honorable Donna Fiaia �, �> Collier County BOCC 3299 Tamiami Trail East, Suite 303 '; Naples, Florida 34112 Dear Commissioner Fiaia, The purpose of this letter is to provide an update to the notice sent by the U.S. Fish and Wildlife Service (Service) on March 30,2016 that announced the intent to prepare a draft Environmental Impart Statement (dEIS) related to an anticipated permit application from nine Collier County. Florida landowners for the incidental take of listed species. The permit application will include an"Eastern Collier Multiple Species Habitat Conservation Plan" prepared in accordance with the Endangered Species Act of 1973, as amended. This notice provides revised instructions for accessing the online meeting. The Service invites you to attend an online inter-agency scoping meeting from 10:00am— 12:00pm, Tuesday, April 19, 2016, to provide input on the EIS scoping process. During the meeting we will discuss project component details, obtain in put to understand any issues that your agency believes are important to the EIS analysis, and review the project schedule. Elected/appointed and Tribal officials and other interested parties are welcome to attend the online inter-agency seeping meeting. Revised instructions for accessing the online inter- agency scoping meeting are provided below. Online Inter-Agency Scoping Meeting Tuesday, April 19,2016 110:00am—12:00pm Meeting number: 592 374 921 Audio connection: 1--866-203-6896 Call-in toll-free number Conference Code: 576-673-6077 Meeting link: https:1/a ecom.webex.com/aecom/j.php?MTID=mccbd893a803e88b2faafOb407ac2dfee A direct link to the online meeting may also be accessed through the project website at www.easterncollienccpeis.com. The Service invites written comments on the scope of issues and alternatives to be included in the draft EIS as well as any other written data, views,or agunients with respect to the anticipated permit application. Please submit scoping comments to the Service via one of the following methods: • Packet Page -26- 4/26/2016 10.B. Page 2 FAX: 772-562-4288 E-mail: comments-eastcollienccp @fws.gov US Mail: Comments-Eastern Collier HCP EIS U.S. Fish and Wildlife Service South Florida Ecological Services Field Office 1339 20th Street Vero Beach, Florida 32960-3559 We must receive any written comments on or before April 25, 2016.. For further information please contact: Kenneth McDonald, Project Manager South Florida Ecological Services Field Office 1339 20th Street Vero Beach, Florida 32960-3559 Office: 772.469.4284 Fax: 772.562.4288 kenneth_mcdonald@fws.gov We look forward to your participation in the EIS process. Sincerely yours, Roxanna Hinzman Field Supervisor South Florida Ecological Services Office Packet Page -27-