Agenda 05/10/2011 Item #16E4
5/10/2011 Item 16.EA.
EXECUTIVE SUMMARY
Recommendation to approve, and authorize the Chairman to sigu, Gopher Tortoise Short-Term
Protected Recipient Site Permit Number GTSR-ll-00003, the Conservation Collier Caracara
Prairie Preserve Gopher Tortoise Recipient Site Policy Resolution, and the Interlocal Agreement
between Collier County and Corkscrew Regional Ecosystem Watershed Land and Water Trust
OBJECTIVE: To develop a Florida Fish and Wildlife Conservation Commission (FWC) gopher tortoise
recipient site within Caracara Prairie Preserve for tortoises displaced by Collier County development.
CONSIDERATIONS: At its June 23, 2009 meeting (Item J6E9) the Board of County Commissioners
(Board), authorized an application to FWC to certify a portion of the Conservation Collier Caracara
Prairie Preserve as a gopher tortoise recipient site. Permit Number GTSR- J J -00003 designates 90.78
acres within the Preserve as a FWC Short-term Protected Recipient Site, and Board approval of the pemlit
will allow for the relocation of up to 44 gopher tortoises. FWC guidelines provide that gopher tortoises
may be relocated from within a J OO-mile radius; however, the Conservation Collier Land Acquisition
Advisory Committee (CCLAAC) recommended that the Caracara Prairie Preserve Recipient Site be
limited to tortoises displaced by development solely within the geographic boundaries of Collier County.
The policy applies to tortoises affected by public and private development with the percentage of
relocated tortoises from private development limited to 75% of the total relocations. An annual review
will determine the plan's effectiveness. At its February 14, 2011 meeting, CCLAAC unanimously
recommended that the Board accept the Caracara Prairie Preserve Gopher TOI1oise Short-term Protected
Recipient Site Policy to facilitate the relocation of displaced tortoises.
Collier County and Corkscrew Regional Ecosystem Watershed Land and Water Trust (CREW) own the
Caracara Prairie Preserve. The InterJocal Agreement relieves CREW of management responsibilities
within the Preserve and authorizes the County to use CREW's 5.6% pOI1ion of the Preserve as the
recipient site.
FISCAL IMP ACT: Expenses in the amount of $39,725 have been paid from the Conservation Collier
Land Management Fund (174) for permit preparation and site work required to create a gopher tortoise
recipient site. These expenses were above and beyond the typical Conservation Collier land management
activities anticipated for Caracara Prairie Preserve. The relocation of 44 toI1oises from public Donor Sites
to Caracara Prairie Preserves will generate a total revcnue of $39,820 in Receiving Fees. This revenue
will completely offset the expense of creating the gophcr tortoise recipient site. Tortoises relocated from
private Donor Sites will generate an additional Recciving Fee revenue of $415 per tortoise. Any
additional Receiving Fee revenue will offset the costs of typical Conservation Collier land management
activities at Caracara Prairie Preserve.
Staff time, in the amount of $2,000. will also be required to facilitate and monitor each gopher tortoise
relocation event. As a result, both public and private Donor Sites will be required to pay Collier County a
Relocation Fee of $2,000 for each gopher tortoise relocation event.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. STW
GROWTH MANAGEMENT IMPACT: This item supports Objective 1.1, which requires the County
to continue to develop and implement a comprehensive environmental management and conservation
program, which will ensure that the natural resources, including State and Federally listed animal species,
of Collier County are properly, appropriately, and effectively identified. managed. and protected.
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5/10/2011 Item 16.EA.
RECOMMENDATION: That the Board of County Commissioners approves, and authorizes the
Chainnan to sign, Short-Term Protected Gopher Tortoise Recipient Site Pennit Number GTSR-11-00003,
the Conservation Collier Caracara Prairie Preserve Gopher Tortoise Recipient Site Policy Resolution. and
the Interlocal Agreement between Collier County and Corkscrew Regional Ecosystem Watershed Land
and Water Trust.
Prepared By: Melissa Hennig, Principal Environmental Specialist, Department of Facilities Management
Attachments: 1. Short- Tenn Protected Gopher Tortoise Recipient Site Pemlit Number GTSR-l ] -00003
2. Conservation Collier Caracara Prairie Preserve Gopher Tortoise Recipient Site Policy
Resolution
3. lnterlocal Agreement between Collier County and CREW
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5/10/2011 Item 16.E.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.4.
Item Summary: Recommendation to approve, and authorize the Chairman to sign,
Gopher Tortoise Short-Term Protected Recipient Site Permit Number GTSR-ll-00003, the
Conservation Collier Caracara Prairie Preserve Gopher Tortoise Recipient Site Policy Resolution,
and the Interlocal Agreement between Collier County and Corkscrew Regional Ecosystem
Watershed Land and Water Trust
Meeting Date: 5/10/2011
Prepared By
Name: HennigMelissa
Title: Environmental Specialist, Principal,Facilities Management
4/22/2011 II: 15:33 AM
Submitted by
Title: Environmental Specialist, Principal,Facilities Management
Name: HennigMelissa
4/22/201Ill:15:34AM
Approved By
Name: SmithKristen
Title: Administrative Secretary, Risk Management
Date: 4/22/201 I 11:47:11 AM
Name: CampSkip
Title: Director - Facilities Managemenl.Facilities Manage
Date: 4/25/20 II 8:31 :32 AM
Name: WilliamsSteven
Title: Assistant County All0l11ey,County Attorney
Date: 4/26/2011 8:26:34 AM
Name: Price Len
Title: Administrator - Administrative Services,
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Date: 4/28/20] 1 5:35:30 PM
Name: WilIiamsSteven
Title: Assistant County Attorney,County Attorney
Date: 4/29/2011 3:38:03 PM
Name: StanleyTherese
Title: ManagementlBudget Analyst, Senior,Office of Management & Budget
Date: 4/30/2011 11 :47:30 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/2/2011 4:04:44 PM
Name: OchsLeo
Title: County Manager
Date: 5/3/2011 10: 18:59 AM
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5/10/2011 Item 16.EA.
Permittee Name:
Permittee Address:
Agent Name:
Agent Address:
5/10/2011 Item 16.E.4.
Gopher Tortoise Recipient Site (For Short-Term h VLC..LCU VI
Unprotected Sites)
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
Division of Habitat and Species Conservation
Species Conservation Planning Section
620 South Meridian Street, Mail Station 2A
Tallahassee, Florida 32399-1600
(850) 410-0656 ext. 17327
Conservation Collier Program
3301 Tamiaml Trail E
NAPLES, FLORIDA
34112 UNITED STATES
Permit Number: GTSR-ll-00003
Effective Date: April 15, 2011
Expiration Date: April 15, 2013
Melissa Hennig
Collier County Board of County
Commissioners
3335 Tamiami Trail, East, Suite 101
NAPLES, FLORIDA 34112
UNITED STATES
IS AUTHORIZED TO:
receive and release gopher tortoises within the recipient site specified below, subject to the following
conditions and provisions.
AUTHORIZED LOCATION(S): 90.78-acre Caracara Prairie Preserve located at 2320 Corkscrew Road
(T46S,R28E,S30; with Latitude 260 26' 40.56'N Longitude 81033'
30.17'W). Collier County.
Permittee Signature: Date:
Not valid unless signed. By signature, confirms that ail information provided to issue the permit is accurate
and complete, and indicates acceptance and understanding of the provisions and conditions listed below. Any
false statements or misrepresentations when applying for this permit may result in felony charges and
will result in revocation of this per.mit.
Authorized By:
Authorizing Signature:
Richard McCann
Authorized for: Nick Wiley, Executive Director
.C'. /,
Date:
04/15/2011
Species Conservation Planning Section
PERMIT CONDITIONS AND PROVISIONS:
1 Authorization to conduct the specified activities in association with the relocation of gopher tortoises in
Florida are subject to Rules 68A-9.002 and 68A-27 F.A.C., the Gopher Tortoise Permitting Guidelines
(April 2008 - revised June 2010). and subsequent revisions of these guidelines that are in effect at the
time the authorized activities are conducted, and subject to the following provisions/conditions.
PERMIT NO. GTSR-1I-00003
Page: 1,' 3
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5/10/2011 Item 16.E.4.
2 Up to 44 gopher tortoises may be received at and relocated into the estimated 53.43 acres of tortoise
habitat contained within the 90.78-acre Caracara Prairie Preserve identified above. All tortoises must
be soft-reieased into temporary enclosures in accordance with the enclosure methods described in
the Gopher Tortoise Permitting Guidelines (April 2008 - revised June 2010). Applications to amend this
permit to authorize relocations of gopher tortoises to other units within this recipient site will be
evaluated and acted upon by the FWC under the permitting guidelines and provisions/conditions in
place at the time of application. Specific areas within other units that are proposed to receive
relocated tortoises will also be evaluated for their suitability during the application review process.
3 Certification of the recipient site is otherwise predicated and conditioned on the information and
assurances provided in the Permittee's 01/04/2011 application (supplemented on 01/21/2011,
02/16/2011,02/22/2011,03/18/2011 and 04/11/2011), the assurances of which are herein
incorporated by reference.
4 The permittee shall have the obligation to manage and maintain habitat for gopher tortoises in
accordance with the Caracara Prairie Preserve (a.k.a. Starnes Tract) Gopher Tortoise Recipient
Site Management Plan - August 2010 (revised January 2011) that has been approved by the FWC.
5 The Permittee shall keep written records of all the habitat management activities conducted within, and
all tortoises relocated into the recipient site. Upon request of the FWC, these records shall beprovided
to the Gopher Tortoise Permitting Coordinator at the letterhead address.
6 All tortoises accepted and received at the recipient site must be covered under a valid FWC permit that
specifically authorizes the relocation of those animals to this site.
7 Tortoises shall not be received and released on days for which the overnight low temperature for that
day and the two consecutive days thereafter are forecasted by the U.S. National Weather Service to be
below 50oF. This 3-day window of milder overnight temperatures is to allow the relocated tortoises to
settle into the recipient site.
8 Permittee shall not accept gopher tortoises that show signs of disease (i.e., nasal and ocular
discharge, emaciation, etc.). The Permittee should direct individuals that bring symptomatic tortoises to
the recipient site to alternatively release those tortOises back within the donor/capture site; transport
them to an FWC licensed wildlife rehabilitation center (list available upon request) or licensed
veterinary facility for quarantine and observation for recovery and subsequent relocation; transport
and donate them to an FWC permitted disease research program; or have them humanely euthanized
by a licensed veterinarian when disease is advanced.
9 This permit does not authorize Permittee access to any publiC or private properties. Any required
permission must be secured from the appropriate landholders prior to undertaking any work on such
properties.
10 This permit is subject to revocation at any time pursuant to Chapter 120, Florida Statutes. It is non-
transferable and must be readily available for Inspection at all times while engaging in the permitted
activities.
11 The activities authorized under this Permit may be carried out by authorized personnel or contractors of
the Permittee or the designated Authorized Gopher Tortoise Agent (Agent)/Consultant, provided all
such activities are under the direct supervision and responsibility of the Permittee or
Agent/Consuitant. The Permittee and Agent/Consultant shall be as fuily responsible for any such
activities to the same extent as if they had themselves carried out those activities under this Permit.
12 Either this anginal permit, or a complete copy, must be clearly posted at the affected site at all times
while engaged in the permitted tortoises relocation activities.
13 The Permittee, by signing this permit, specifically agrees to allow authorized Commission personnel,
upon presentation of credentials as may be required by law I access to the recipient site, at reasonable
times, for the purpose of inspecting the relocation and release activities authorized under this permit.
PERMIT NO. GTSR-l1-00003
Page: 2,' 3
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5/10/2011 Item 16.EA.
14 After the first tortoises are received for release at this site, the Permittee shouid submit a monthiy
summary report to the FWC for each month that gopher tortoises are received. The report should
include the numbers of tortoises relocated and released within the recipient site, by each relocation
authorization permit number, and be sent to the Gopher Tortoise Permit Coordinator at the letterhead
address.
A person whose substantial interests are affected by FWC's action may petition for an administrative
proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. A person seeking a
hearing on FWC's action shall file a petition for hearing with the agency within 21 days of receipt of
written notice of the decision. The petition must contain the information and otherwise comply with
section 120.569, Florida Statutes, and the uniform rules of the Florida Division of Administration, chapter
28-106, Florida Administrative Code. Upon such notification, the Permittee shall cease all work
authorized by this permit until the petition is resolved. The enclosed Explanation of Rights statement
provides additional information as to the rights of parties whose substantial interests are or may be
affected by this action.
PERMIT NO. GTSR-l1-00003
Page: 3/3
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5/10/2011 Item 16.EA.
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CORKSCREW
REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST
CARACARA PRAIRIE PRESERVE
This Agreement is entered upon this 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 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 address is 23998 Corkscrew Road, Estero. FL 33928.
WITNESSETH
WHEREAS, the COUNTY owns an undivided ninety-four point four (94.4%) percent
interest of that certain tract of lands situated in Collier County, Florida, and more specifically
described in Exhibit "A" attached hereto and incorporated herein by reference ("Property"); and
WHEREAS, CREW owns an undivided five point six (5.6%) percent interest of the
Property; and
WHEREAS, the COUNTY IS in the process of using the Property to establish the
Caracara Prairie Preserve Short-Term Protected Gopher Tortoise Recipient Site ("Recipient
Site") which will provide permanent conservation and protection for the state-listed gopher
tortoise.
NOW. THEREFORE, for good and valuable consideration. the COUNTY and CREW hereby
mutuallyaf,,'Tee:
1. That CREW authorizes the COUNTY to unconditionally use its undivided five point six
(5.6%) percent interest of the Propcrty for the purposes of creating the Recipient Site.
, That all the terms herein contained run \'lith the land and shall inure to the benefit of and
be binding upon the parties hereto and their respective executors. administrators. personal
representatives. hcirs. successors. and assigns.
3. That CREW has no liability or responsibility for the state of the property, including but
not iimited to compliance with the terms and conditions of the Recipient Site
Management Plan and Pem1it.
4. That CREW will not bcnefit in any way trom the Recipient Site, nor assume the
responsibility for the Recipient Silc or the funding oflhe Recipient Site.
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5/10/2011 Item 16.EA.
IN WITNESS WHEREOF. the COUNTY has hereunto set its unauthorized hand and seal as
of this date and year first abow written.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
By:
FRED W. COYLE, CHAIRMAN
, DEPUTY CLERK
Approval j()r form and legal Sufficiency:
'\
,~......\.
\\ LJ I1..JV~
.lennif&B. White
Assistant County Attorney
AS TO CREW:
DATED:
CORKSCREW REGIONAL ECOSYSTEM
WATERSIlED LAl\D AND WATER TRUST.
INCORPORATED. a Florida nonprofit
corporation
WITNESSES: (Signature)
(Printed Name)~__.__~
BY:~
13illl aml1lond, Chairl1lal~-- '- .-
( S i gnalure)
(prinled7~1 .
~>~
. lCp 1e~;-A. Walker. Esq.
Approvcd as to t()f11l and legal suf1iciencv:
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5/10/2011 Item 16.EA.
EXHIHIT A
PROPERTY TAX IDENTIFICATION !\!UMBER: 00053080006
LEGAL DESCRIPTlO1\:
WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, R/I.NGE 28
EAST. OF COLLIER COUNTY. FLORIDA.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00053080200
LEGAL DESCRIl'TION:
1\ORTIl\\EST QlARTLR (N\V] 41 OF NORTHEAST QUARTER (NE]/4i OF
SECTlO!\! 30. TOW\:SIlIP 46 SOl:TI L RANGE 28 EAST. OF COLLIER
COU\TY. FLORID,\.
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5/10/2011 Item 16.E.4.
RESOLUTION NO. 2011 .
A RESOLUTION ADOPTING A POLICY AND FEE
SCHEDULE TO GOVERN THE OPERATION OF THE
CARACARA PRAIRIE PRESERVE GOPHER TORTOISE
RECIPIENT SITE.
WHEREAS, on June 23, 2009 (Agenda Item 16E9), the Board of County Commissioners
of Collier County, Florida authorized the Caracara Prairie Preserve, formerly known as the
Starnes Property, to become a Gopher Tortoise Recipient Site; and
WHEREAS, the need exists to establish a policy and fce schedule to govern the operation
of the Caracara Prairie Preserve Gopher Tortoise Recipient Site.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the attached Policy and Fee
Schedule be and hereby are declared to be the Policy and Fee Schedule which shall henceforth
govern the administration and operation of the Caracara Prairie Preserve Gopher Tortoise
Recipient Site.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of
,2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Approved as to fonn and
legal sufficiency:
Steven T Williams
')-1'</,,\\\
Assistant County Attol11ey ~\1l':v
11.PR.M-00235/3
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5/10/2011 Item 16.EA.
Caracara Prairie Preserve Short-term Protected Gopher Tortoise Recipient Site
Policy
Prepared By:
Collier County: Facilities Management Department
Conservation Collier Program
3335 Tamiami Trail, Suite 101
Naples, FL 34112
May 2011
The following is a descriptive policy regarding the Caracara Prairie Preserve Short-term
Protected Gopher Tortoise Recipient Site (Recipient Site). This policy and the
associated Caracara Prairie Preserve Recipient Site Fee Schedule will be reviewed
annually by County staff.
1. The Recipient Site shall be permitted, managed and monitored according to the
most current Florida Fish and Wiidlife Conservation Commission (FWC) gopher
tortoise permitting guidelines for Short-term Protected Recipient Sites
http://myfwc. com/docs/Li cen sesPerm its/PW Gopher T ortoisePerm itG u id elines. pdf
and FWC Gopher Tortoise Management Plan.
2. The Recipient Site shall only accept gopher tortoises being relocated from
development projects occurring within Collier County (Donor Sites).
3. Gopher tortoises from both public agency Donor Sites (such as but not limited to:
Collier County government projects, Florida Department of Transportation projects,
Collier County School Board projects, charter school projects) and private entity
Donor Sites shall be accepted at the Recipient Site; however, tortoises accepted
from private entity Donor Sites shall not comprise more than 75% of the total
number of gopher tortoises relocated to the Recipient Site.
4. Conservation Collier staff shall maintain a ledger tallying gopher tortoise vacancies
at the Recipient Site.
5. Upon an inquiry from a possible Donor Site, Conservation Collier staff shall review
the ledger and coordinate with the Growth Management Division. If the estimated
number of tortoises anticipated from the Donor Site is acceptable, staff shall send
a Reservation Letter to the Donor Site -- see Reservation Letter Template
attached.
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5/10/2011 Item 16.E.4.
6. Conservation Collier staff shall verify with FWC that the Donor Site has received
the appropriate relocation permit prior to performing any relocation.
7. An FWC authorized gopher tortoise agent employed by Collier County (Collier
County Agent) shall be responsible for the transport of all relocated tortoises from
the Donor Site to the Recipient Site.
8. The Collier County Agent reserves the right to deny transport of any unhealthy
Donor Site tortoises to the Recipient Site.
9. Once at the Recipient Site, relocated tortoises shall be marked by the Collier
County Agent.
10. Donor sites shall be required to pay a $2.000 Gopher Tortoise Relocation Fee to
Collier County for each project requiring tortoises to be relocated to the Recipient
Site, regardless of the number of tortoises to be relocated. See the attached
Caracara Prairie Preserve Recipient Site Fee Schedule.
11. Donor sites shall be required to pay a Gopher Tortoise Receiving Fee (separate
from the Gopher Tortoise Relocation Fee) to Collier County for each tortoise
relocated to the Recipient Site. See the attached Caracara Prairie Preserve
Recipient Site Fee Schedule.
12. Donor sites shall be required to pay a Mitigation Contribution (separate from the
Gopher Tortoise Receiving Fee and the Gopher Tortoise Relocation Fee) to FWC
for tortoises relocated to the Recipient Site. See the attached Caracara Prairie
Preserve Recipient Site Fee Schedule.
13.After relocations are complete, Conservation Collier staff shall monitor and
maintain gopher tortoise fencing according to the most recent FWC guidelines and
gopher tortoise management plan.
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5/10/2011 Item 16.E.4.
Caracara Prairie Preserve Recipient Site Fee Schedule
Relocation Fee (Paid to Collier County):
$2,000 per private or public project
This fee includes:
1. Pick up of tortoise (s) at the Donor Site;
2. Transport to Recipient Site inside the cabin of the transport vehicle;
3. Marking of tortoise (s) per FWC methodology;
4. Collection of all required morphometric data;
5. Soft release of tortoise (s);
6, Submittal of morphometrics report to the recipient site and the client; and
7. Monitoring of tortoise (s) in soft release enclosure for six months,
Receivinq Fee (Paid to Collier County):
This fee is on a "per excavated adult tortoise" (carapace length greater than or equal to 5'j
basis and is all inclusive. There will be no Receiving Fee for sub-adult gopher tortoises
(carapace length less than 5)
Private Projects' - $ 1,320 per tortoise
Public Projects" - $905 per tortoise
'Private Project fee includes:
1. Exotic plant control
2. Fire-break mowing and fuel reduction
3. Temporary fencing
4. Recipient Site permitting and monitoring fees
"Public Project fee includes:
1. Temporary fenCing
2, Recipient Site permitting and monitoring fees
FWC Mitiqation Contribution (Paid to FWC):
$200 for the first group of 10 burrows (up to five gopher tortoises) plus $3,000 for each
additional tortoise.
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5/10/2011 Item 16.E.4.
Reservation Letter Template
DATE
ADDRESSEE NAME
ADDRESS
RE: Off-Site Relocation for PROJECT NAME Collier County, Florida
PROJECT #
Dear ADDRESSEE:
The purpose of this letter is to demonstrate Collier County's commitment to the acceptance of
gopher tortoises (Gopherus polyphemus) [rom the above-mentioned project site. In an effort to
perpetually protect a regionally significant parcel of land occupied by both the state listed gopher
tortoise and other federally listed species, we have identified and protected portions of Caracara
Prairie Preserve in Collier County. Collier County secured permits for the Caracara Prairie
Preserve Short-Tenn Protected Gopher Tortoise Recipient Site comprised of 90 acres of Collier
County's +1- 367.7 acre property known as Caracara Prairie Preserve. The Collier County Board
of County Commissioners owns the preserve and the Conservation Collier Program is
responsible for management/permit compliance associated with Florida Fish and Wildlife
Conservation Commission (FWC) Recipient Site Permit # GTSR-l ]-00003.
It is Collier County's understanding that the population targeted for relocation to Caracara
Prairie Preserve at this time is approximately XXXX (X) tortoises. According to our ledger, we
have capacity for XXXX tortoises remaining within the recipient site. The Relocation Fee will
be $2,000 and the Receiving Fee per adult tortoise will be $XXXX.
As a registered gopher tortoise agent, I accept tortoises on site at Caracara Prairie Preserve on
Collier County's behalf Please coordinate and schedule all gopher tortoise relocations with me
at 239-252-2957.
Thank you in advance for your cooperation.
Sincerely,
Melissa Hennig, Principal Environmental Specialist
Conservation Collier Program
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