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Agenda 09/08/2020 Item #16G2 (Seaplane Base Project #33672)09/08/2020 EXECUTIVE SUMMARY Recommendation to close the Seaplane Base Project No. 33672 at Everglades Airpark and terminate the Public Transportation Grant Agreement Contract No. G1K34 with the Florida Department of Transportation and authorize all necessary budget amendments. OBJECTIVE: To close the Seaplane Base design and construction project at Everglades Airpark (X01) and terminate the grant agreement with the Florida Department of Transportation. CONSIDERATIONS: On April 28, 2020, Agenda Item 16G2, the Board of County Commissioners (Board) accepted a grant from the Florida Department of Transportation (FDOT) for the design and construction of a seaplane base at Everglades Airpark. In May 2020, the Federal Aviation Administration (FAA) issued agency consultation and coordination letters to Federal and State environmental agencies requesting coordination/comment regarding potential environmental impacts regarding the Endangered Species Act (ESA), Marine Mammals Protection Act, Magnuson-Steven Conservation and Management Act, and the National Environmental Policy Act (NEPA). Based on the opinion rendered by the U.S Fish and Wildlife Service that this project would result in adverse effects on the West Indian manatee, it would be unable to enter into formal consultation. Thus, it was determined that this project be terminated as the costs associated with efforts to overcome potential environmental impacts would outweigh the potential economic benefits of proceeding at this time. This project/grant was closed by FDOT on July 27, 2020. FISCAL IMPACT: Budget amendments are necessary to de-obligate FDOT grant funding in the amount of $80,000 within Airport Grant Fund (498), Project 33672, and to return/replace local matching funds in the amount of $20,000 from Airport Match Fund (499) to Airport Capital Fund (496) reserves. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To approve and authorize closing the Seaplane Base Project at Everglades Airpark and terminating the associated Public Transportation Grant Agreement Contract No. G1K34 with the Florida Department of Transportation and authorize all necessary budget amendments. Prepared by: Justin Lobb, Airports Manager, Collier County Airport Authority ATTACHMENT(S) 1. Everglades Airpark Seaplane Base - USFWS Letter 5-18-20 (PDF) 2. Fish & Wildlife Response 6.8.2020 (PDF) 3. FDOT Project Status - Closed (PDF) 16.G.2 Packet Pg. 2876 09/08/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.G.2 Doc ID: 13060 Item Summary: Recommendation to close the Seaplane Base Project No. 33672 at Everglades Airpark and terminate the Public Transportation Grant Agreement Contract No. G1K34 with the Florida Department of Transportation and authorize all necessary budget amendments. Meeting Date: 09/08/2020 Prepared by: Title: Operations Coordinator – Airport Authority Name: Debra Brueggeman 07/29/2020 2:41 PM Submitted by: Title: Division Director - Operations Support – Growth Management Department Name: Gene Shue 07/29/2020 2:41 PM Approved By: Review: Airport Authority Justin Lobb Additional Reviewer Completed 07/29/2020 4:09 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 07/29/2020 4:55 PM Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 07/30/2020 11:34 AM Growth Management Department Gene Shue Additional Reviewer Completed 07/30/2020 12:13 PM Growth Management Department Lisa Abatemarco Additional Reviewer Completed 08/04/2020 8:49 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 08/04/2020 3:25 PM Growth Management Department Debra Brueggeman Deputy Department Head Review Skipped 07/29/2020 2:40 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 08/06/2020 10:05 AM Grants Erica Robinson Level 2 Grants Review Completed 08/14/2020 11:43 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/14/2020 12:16 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/17/2020 11:35 AM Grants Therese Stanley Additional Reviewer Completed 08/25/2020 6:15 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/25/2020 10:12 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/01/2020 11:58 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/08/2020 9:00 AM 16.G.2 Packet Pg. 2877 Orlando Airports District Office 8427 SouthPark Circle, Suite 524 Orlando, FL 32819 Phone: (407) 487-7720 Fax: (407) 487-7135 May 18, 2020 [via email: verobeach@fws.gov.] Mr. John M. Wrublik South Florida Ecological Services Office U.S. Fish and Wildlife Service 1339 20th Street Vero Beach, Florida 32960-3559 RE: Request for Informal Consultation Proposed Seaplane Base at Everglades Airpark Everglades City, Florida Dear Mr. Wrublik, The Collier County Airport Authority has requested approval from the Federal Aviation Administration (FAA) to establish a seaplane base at the Everglades Airpark. The FAA’s actions associated with establishing the seaplane base include, but may not necessarily be limited to, processing a request to establish a new landing area and approving revisions to the Everglades Airpark’s Airport Layout Plan. These federal actions are subject to provisions found in the Endangered Species Act (ESA), Marine Mammals Protection Act, and Magnuson- Stevens Conservation and Management Act.1 The actions are also subject to the National Environmental Policy Act (NEPA) and an Environmental Assessment is currently being prepared to meet FAA’s obligations under NEPA. Consultation Initiation The purpose of this letter is to initiate informal consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the ESA and its implementing regulations at 50 CFR Part 402 to ensure to ensure that FAA actions is not likely to jeopardize the continued existence of any federally-listed threatened or endangered species or result in the destruction or adverse modification of critical habitat. Because the Proposed Action may affect the endangered smalltooth sawfish (Pristis pectinata), consultation is also being initiated with the National Marine Fisheries Service. The potential effects of the Proposed Action on special status fish, wildlife, and plant species were evaluated. Species listed as Threatened or Endangered under the ESA are under the jurisdiction of the USFWS that may occur in the vicinity of the project site. Species evaluated 1 The Collier County Airport Authority is the Airport Sponsor and project proponent. The FAA considers the Airport Authority as the "applicant" as defined by 50 Code of Federal Regulations (CFR) Part 402.02. 16.G.2.a Packet Pg. 2878 Attachment: Everglades Airpark Seaplane Base - USFWS Letter 5-18-20 (13060 : Close Seaplane Base Project at X01) 2 are included in attached Everglades Airpark Seaplane base Biological Assessment, revised August 2019. Project Information The proposed project’s major elements are described below. The project elements are also depicted on the enclosed figures.  Water Operating Area2 – The proposed water operating area includes the portion of Chokoloskee Bay adjacent to the Everglades Airpark (a public-use airport) and the area that used by seaplanes to water taxi between the proposed sea lane and shore/land access facilities. As shown on the enclosed figures, a marked navigation channel is located between the proposed sea lane and the Everglades Airpark. The proposed seaplane base dock and ramp would be located near the marked navigation channel at the mouth of the Barron River.  Sea Lane3 – The proposed sea lane would be established in Chokoloskee Bay, in an area with a minimum water depth of at least three feet. The sea lane would be aligned parallel to the airport’s runway and would be offset 725 feet from the runway’s centerline. The sea lane’s dimensions would be 2,500 feet long by 200 feet wide (approximately 11.5 acres). The Airport Authority’s proposal indicates the sea lane would not be physically identified by buoys or markers.  Shore/Land Access –The Airport Authority proposes to install shore and land access facilities at the northwest part of the airport, on Barron River. The proposal includes construction of a floating dock with aircraft moorings. A ramp would also be installed to allow planes to be removed from the water for storage and maintenance. A seawall would be installed along the section of shoreline at the dock and ramp.  Other Improvements – The proposed project would extend the airport’s parallel taxiway to the new seaplane ramp. This would allow seaplanes to access the airport’s aircraft storage and maintenance facilities. Extending the taxiway requires a section of an existing stormwater swale to be realigned. The seaplane base will be operated by Airport Authority as part of Everglades Airpark. The proposed seaplane base will support small seaplanes (planes fitted with floats) and airboats (the plane’s fuselage provides buoyancy). The seaplanes will function similar to boats and other watercraft while in the water, but are not likely to cause damage/turbidity because their propellers do not operate below the water surface. On average, the seaplane base is anticipated to be used by few planes per day. Species Evaluation The proposed project has been reviewed for its effects on threatened and endangered species, and designated critical habitat. Based on the analysis contained in the attached Biological Assessment (BA), FAA has determined that the threatened American crocodile (Crocodylus 2 A Water Operating Area is a designated area on a body of water deemed suitable to facilitate seaplane operations for landing, takeoffs, and water taxiing. 3 A sea lane is a defined path within a water operating area dedicated for the landing and takeoff of seaplanes along its length 16.G.2.a Packet Pg. 2879 Attachment: Everglades Airpark Seaplane Base - USFWS Letter 5-18-20 (13060 : Close Seaplane Base Project at X01) 3 acutus), endangered Florida bonneted bat (Eumops floridanus), and threatened West Indian manatee (Trichechus manatus) occurs or has the potential to occur in the vicinity of Everglades Airpark. The Proposed Action is located on the fringe of the USFWS’ consultation area and one of the focal areas identified for the Florida bonneted bat and within designated Critical Habitat for the West Indian manatee4. In addition, the Proposed Action is located within a State Manatee Protection Zone. As noted above, the sea lane would be 2,500 feet long by 200 feet wide. Based on information contained in the BA, the proposed dock and ramp would affect 60 to 70 feet of shoreline at the airport. The proposed dock and ramp would involve approximately 0.72-acre of open water, 0.16-acre of mangrove wetland, 0.03-acre of drainage ditch, and 0.41-acre of upland. The dock and ramp would not be available to the public for launching boats. As described in the BA, species-specific avoidance, minimization, and compensation measures for habitat losses have been incorporated into the Proposed Action to address effects on listed species and Critical Habitat. The proposed wetland and Waters impacts are anticipated to be mitigated through mangrove habitat currently owned by the Airport Authority and/or the purchase of forested saltwater credits from Little Pine Island Mitigation Bank. Final mitigation requirements and measures would be determined through the environmental permit process. To minimize direct impacts to the manatee, the Standard Manatee Conditions for In-Water Work will be implemented during construction. After reviewing the current status of the affected species, the effects of the Proposed Action, and the proposed conservation measures to avoid, minimize, and compensate for effects to listed species and designated critical habitat, the FAA has determined that the project: may affect, but is not likely to adversely affect, the American crocodile, Florida bonneted bat, West Indian manatee. Request for Concurrence FAA seeks USFWS’s concurrence with our determinations, made pursuant to 50 CFR Part 402, for the proposed seaplane base project at Everglades Airpark. If you have any questions and would like to discuss the project, you can reach me at peter.m.green@faa.gov or (407) 487-7296. Sincerely, Peter M. Green, AICP Environmental Protection Specialist Enclosures (2) cc. Justin Lobb, Collier County Airport Authority 4 The Proposed Action is also located within Critical Habitat for the smalltooth sawfish. 16.G.2.a Packet Pg. 2880 Attachment: Everglades Airpark Seaplane Base - USFWS Letter 5-18-20 (13060 : Close Seaplane Base Project at X01) Figure 1 PROPOSED ACTION: SEA LANE AND SEAPLANE BASE ADJACENT TO EVERGLADES AIR PARK WITH SEAPLANE RAMP, DOCK, & TAXIWAY Prepared by AVCON Inc., 2020 16.G.2.a Packet Pg. 2881 Attachment: Everglades Airpark Seaplane Base - USFWS Letter 5-18-20 (13060 : Close Seaplane Base Project at X01) Figure 2 PROPOSED ACTION: DETAIL OF RAMP, DOCK, AND TAXIWAY Prepared by AVCON Inc., 2020 16.G.2.a Packet Pg. 2882 Attachment: Everglades Airpark Seaplane Base - USFWS Letter 5-18-20 (13060 : Close Seaplane Base Project at X01) From:Green, Peter M (FAA) To:LobbJustin Cc:Harper, Rebecca H (FAA); Ritchey, Krystal (FAA); Blanco, Pedro (FAA); Mary Soderstrum; BrueggemanDebra Subject:FW: Everglades Airpark Seaplane Base in Everglades City, Florida Date:Monday, June 08, 2020 9:38:25 AM EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Justin,   I am forwarding the response we received from the US Fish and Wildlife Service. The Service states that the project would result in adverse effects on the West Indian manatee and it is not able to enter into formal consultation on this species. Further, the Service states the restriction on takes to this species under the Marine Mammal Protection Act.   We would like to discuss the agency responses received to-date with you. Let me know what days/times you are available this week and I will coordinate setting up a call.   Regards,   Peter       From: Wrublik, John <john_wrublik@fws.gov>  Sent: Friday, June 05, 2020 8:12 AM To: Green, Peter M (FAA) <peter.m.green@faa.gov> Cc: Cassler, Constance <constance_cassler@fws.gov> Subject: Everglades Airpark Seaplane Base in Everglades City, Florida Peter, Thank you for taking the time yesterday to teleconference with me regarding the request from the Collier County Airport Authority to establish a Sea Plane Base at the Everglades City Airport with a take off/landing area in the adjacent waters of Chokoloskee Bay. This email serves as the U.S. Fish and Wildlife Service's (Service) response to the Federal Aviation Administration's (FAA) email and letter requesting consultation dated May 18, 2020. In your letter, the FAA determined that the proposed project may affect, but is not likely to adversely affect the threatened West Indian manatee (Trichechus manatus; manatee), and requested concurrence for this determination. As we discussed yesterday, the proposed take off/landing area for the project within the waters of Chokoloskee Bay is located within a speed zone ("Year Round Slow Speed ") for motorized watercraft established by Florida Fish and Wildlife Conservation Commission. This speed zone was established to minimize the potential for injuries and deaths of manatees resulting from strikes from motorized water craft. Because take offs and landings require that the seaplanes move through the waters of the speed zone, the Service considers seaplanes operating during these actions as motorized watercraft. The Service notes that the portions of the seaplanes within the water during take off and landing (e.g., seaplane floats, body of the aircraft) have the potential of striking 16.G.2.b Packet Pg. 2883 Attachment: Fish & Wildlife Response 6.8.2020 (13060 : Close Seaplane Base Project at X01) manatees. Furthermore, because take off and landing requires that sea planes move at high speed, seaplanes would be violating the established manatee speed zone during these actions. As such, the Service finds that seaplanes during take off and landing are likely to strike manatees and result in take of the species (i.e., injuries or deaths resulting from seaplane strikes). Consequently, the Service finds that the project will result in adverse affects to the manatee, and we cannot provide concurrence for your may affect, not likely to adversely affect determination. Also, please be advised that the Service is not able to consult formally on the project's adverse effects to the manatee. Formal consultation normally includes the preparation of our biological opinion that provides our opinion as to whether the project would jeopardize the continued existence of the Federally listed species in question (in this case the West Indian manatee). In the event that the Service determines that a project does not jeopardize the existence of a Federally listed species, the Service's biological opinion usually includes a section of the document that provides coverage for the incidental take of the species. However, the manatee is also protected by the Marine Mammal Protection Act (MMPA). The MMPA does not currently allow for the take of manatees. Therefore, the Service's policy is to not prepare a biological opinion that provides coverage for the incidental take of the manatee pursuant to the Endangered Species Act. As such, the Service cannot continue consultation and consult formally on his project with respect to the West Indian manatee. If you have any questions, please let me know. Sincerely, John M. Wrublik U.S. Fish and Wildlife Service 1339 20th Street Vero Beach, Florida 32960 Office: (772) 469-4282 Fax: (772) 562-4288 email: John_Wrublik@fws.gov   NOTE: This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act (FOIA) and may be disclosed to third parties.   16.G.2.b Packet Pg. 2884 Attachment: Fish & Wildlife Response 6.8.2020 (13060 : Close Seaplane Base Project at X01) From:system@florida-aviation-database.com To:system@florida-aviation-database.com Subject:Project Status - Closed Date:Thursday, July 23, 2020 4:07:13 PM EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. The below project was closed on 7/23/2020 4:06 PM by Wendy Sands. Airport: Everglades Airpark Project Description: EVERGLADES AIRPARK SEAPLANE BASE DESIGN AND CONSTRUCT Item-Segment: 444394-1 Contract #: G1K34 UPIN: PFL0012389 Please click the link below to review the project. http://www.florida-aviation-database.com/Facility/JACIP/default.aspx? section=projects&upin=PFL0012389&UAID=FL000018 Thank you, JACIP Support Team JPS-1-v1 16.G.2.c Packet Pg. 2885 Attachment: FDOT Project Status - Closed (13060 : Close Seaplane Base Project at X01)