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Agenda 03/09/2021 Item #16A 9 (Resolution awarding restoration credits in SSA 6)16.A.9 03/09/2021 EXECUTIVE SUMMARY Recommendation to adopt a resolution awarding restoration (R-II) credits in Stewardship Sending Area 6 ("BCI / BCP SSA 6") within the Rural Lands Stewardship Area Overlay District (RLSA) for restoration activities completed by Barron Collier Investments, Ltd., and Barron Collier Partnership in accordance with the approved restoration plan. OBJECTIVE: To approve a resolution to the sixth Stewardship Sending Area (BCI / BCP SSA 6) in the Rural Lands Stewardship Area Zoning Overlay District (RLSA) and to award Restoration II credits to Barron Collier Investments, Ltd. (BCI) and Barron Collier Partnership (BCP). CONSIDERATIONS: The Stewardship Credit Program is the foundation of the RLSA. Collier County adopted the RLSA Overlay as the implementing regulation for the Growth Management Plan amendments known broadly as the "Rural/Eastern Lands Amendments," which were developed in response to Administration Commission Final Order No. AC 99-002, which required a "Rural and Agricultural Assessment." On June 14, 2005, the Board of County Commissioners (BCC) approved the sixth Stewardship Sending Area (SSA) known as `BCI / BCP SSA 6" and awarded 21,238.8 Stewardship Credits immediately and an additional 4,286.4 Stewardship Credits to be available for the Owner to use, sell, transfer, all or in part, upon successful completion of the restoration improvements as set forth in the Restoration Plan within Resolution 2005-229. This SSA is comprised of 9,911.1 acres within the Camp Keais Strand, which is a significant regional flow -way and wildlife corridor that connects Lake Trafford and Corkscrew Swamp at its northern extent to the Florida Panther National Wildlife Refuge to the south. In October 2008, staff conducted a site visit to SSA 6, reviewed the completed restoration activities and administratively approved R-II, however the credits were not awarded by Resolution. Staff is requesting that the BCC award BCI and BCP 1,710.4 R-II credit for Restoration Area, A. This restoration covered an area approximately 427.6 acres is size and consisted of hydrologic improvements. Specifically, berms were removed and restored to the natural grade of adjacent lands and culverts were designed and installed under two roadways bisecting the flow -way to reestablish the natural flow -way regime. Staff observed the berms had been removed from the northern side of the fields and culverts were installed along the south end of the field. The culverts (both new and old) were submerged and flow through the culverts was evident. Staff is also requesting the Board award BCI and BCP an additional 2,476.8 R-II credits for additional restoration that has been completed in SSA 6 Restoration Area B. This restoration area is approximately 619.2 acres in size and consisted of restoring and managing lands for specific listed species, including caracara, sandhill cranes, burrowing owls, and the Florida Panther. To create habitat for caracara, large open areas are maintained with short stature vegetation (12 inches or less in height), removal of exotic vegetation, and transplanting cabbage palms at a density of 10 trees per 100 acres. This habitat also supports sandhill cranes. To create habitat for burrowing owls, one -quarter acre mounds at a density of one mound per 100 acres were created and seeded with grass. The peak of the mounds is approximately 2 feet above the seasonal high-water elevation, seeded with bahia grass and fenced on all four sides. Staff conducted a site visit in April 2020 and observed the burrowing mounds had been created and other areas of Restoration Area B consist of short stature ground vegetation and cabbage palms at a density of 10 trees per 100 acres. The applicant has demonstrated the success criteria of a 90% survival rate of the transplanted palms has been met. Additionally, the ground cover is being maintained at 12 inches or less through mowing as needed and grazing cattle. Exotic vegetation has been killed in place and/or removed within the restoration area. The applicant began restoration work in 2006. Five years of monitoring reports were provided to the Packet Pg. 420 03/09/2021 16.A.9 South Florida Water Management District, beginning in 2006 for SFWMD Environmental Resource Permit #11-02336-P. Additionally, five years of Caracara monitoring reports were required to be submitted to Florida Fish & Wildlife Conservation Commission for five years, per the FWC Special Purpose Permit #WX05444. FISCAL IMPACT: There are no fiscal impacts associated with the application. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires a majority vote for Board approval (HFAC). GROWTH MANAGEMENT IMPACT: The Rural Lands Stewardship Area Overlay in the Future Land Use Element (FLUE) established the process and requirements for establishing SSAs, what lands qualify for SSA designation, and the process for obtaining Restoration credits. The Rural Lands Stewardship Area Overlay is implemented through the Rural Lands Stewardship Area Zoning Overlay District. The zoning overlay contains the same requirements and limitations as the FLUE Overlay. The restoration activities completed are consistent with the restoration plan submitted and approved with the original SSA designation. Therefore, staff s analysis indicates this resolution for restoration credits is compliant with the RLSA Zoning Overlay and is also consistent with the FLUE. RECOMMENDATION: That the Board adopt a resolution awarding Stewardship Sending Area 6 (BCI / BCP SSA 6) in the Rural Lands Stewardship Area Zoning Overlay District (RLSA) 4,187.2 restoration (R-II) credits for completing restoration activities within SSA 6. Prepared by: Jaime Cook, Principal Environmental Specialist, Development Review Division ATTACHMENT(S) 1. Resolution (PDF) 2. SSA 6 Resolution 2005-229 (PDF) 3. SSA 6 Restoration Plan 2005-229 (PDF) 4. FWC Annual Monitoring Report - 2006 (PDF) 5. FWC Annual Monitoring Report - 2010 (PDF) 6. SSA 6 Map and Pictures (PDF) Packet Pg. 421 16.A.9 03/09/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.9 Doc ID: 14837 Item Summary: Recommendation to adopt a resolution awarding restoration (R-II) credits in Stewardship Sending Area 6 ("BCI / BCP SSA 6") within the Rural Lands Stewardship Area Overlay District (RLSA) for restoration activities completed by Barron Collier Investments, Ltd., and Barron Collier Partnership in accordance with the approved restoration plan. Meeting Date: 03/09/2021 Prepared by: Title: Technician — Growth Management Development Review Name: Lucia Martin 01/25/2021 2:28 PM Submitted by: Title: Director — Growth Management Department Name: Matthew McLean 01/25/2021 2:28 PM Approved By: Review: Growth Management Department Growth Management Department Growth Management Department Zoning County Attorney's Office Growth Management Department County Attorney's Office Office of Management and Budget Office of Management and Budget County Manager's Office Board of County Commissioners Lissett DeLaRosa Level 1 Reviewer Kirsten Wilkie Additional Reviewer Matthew McLean Additional Reviewer Anita Jenkins Additional Reviewer Heidi Ashton-Cicko Level 2 Attorney of Record Review Thaddeus Cohen Department Head Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Debra Windsor Level 3 OMB Gatekeeper Review Laura Zautcke Additional Reviewer Dan Rodriguez Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 01/26/2021 11:31 AM Completed 02/01/2021 3:33 PM Completed 02/08/2021 9:37 AM Completed 02/08/2021 2:52 PM Completed 02/09/2021 11:47 AM Completed 02/10/2021 11:28 AM Completed 02/10/2021 11:42 AM Completed 02/10/2021 11:46 AM Completed 02/18/2021 3:10 PM Completed 03/02/2021 8:05 AM 03/09/2021 9:00 AM Packet Pg. 422 16.A.9.a RESOLUTION NO.2021- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE USE, TRANSFER OR SALE OF STEWARDHIP CREDITS BY OW ERS FOR THE COMPLETION OF RESTORATION IMPROVEMENTS IN ACCORDANCE WITH THE RESTORATION PLAN FOR THE STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "BCl/BCP SSA 6" IN THE RURAL LANDS STEWARDSHIP AREA OVERLAY, W ICH CREDITS W RE APPROVED BY RESOLUTION 2005-229 WHEREAS, on June 14, 2005, by Resolution No. 2005-229, the Board of County Commissioners created a Stewardship Sending Area with a designation of `BCl/BCP SSA 6" and awarded twenty-one thousand, two hundred thirty-eight and eight -tenths (21,238.8) Stewardship Credits to be available for owners to use immediately and another four thousand two hundred eighty-six and four -tenths (4,286.4) Stewardship Credits to be available for owners to use upon successful completion of the restoration improvements as set forth in the Restoration Plan within Resolution 2005-229; and WHEREAS, the owners, Barron Collier Investments, Ltd. and Barron Collier Partnership, have completed the restoration improvements for Areas A and B as set forth in the Restoration Plan within Resolution 2005-229; and WHEREAS, County staff has verified that the restoration improvements for Area A for 1,710.4 Stewardship Credits were completed in 2008 and staff administratively approved the use of these Stewardship Credits after staffs October 2008 site visit; WHEREAS, County staff has verified that the restoration improvements for Area B for 2,476.8 Stewardship Credits were completed in 2020 after staff's April 2020 site visit; WHEREAS, County staff is requesting that the Board of County Commissioners ratify the staff -approved use of one thousand seven hundred ten and four tenths (1,710.4) Stewardship Credits and approve the use of the two thousand four hundred seventy-six and eight tenths (2,476.8) Stewardship Credits for completed restoration improvements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board approves the use, transfer or sale of four thousand one hundred eighty- seven and two tenths (4,187.2) Stewardship Credits by Owner for completion of the restoration improvements for Areas A and B as set forth in the Restoration Plan within Resolution 2005-229. 2. Ninety and two -tenths (90.2) Stewardship Credits will be available upon completion of the restoration improvements for Area C. [21-ENS-00679/1596879/1]5 1 of SSA #6 Restoration 1 / 15/21 Packet Pg. 423 16.A.9.a This Resolution adopted after motion, second and majority vote, this day of 2021. ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to form and legality: ----iP`'L\ Heidi Ashton-Cicko Managing Assistant County Attorney [21 -ENS-00679/1596879/11 5 SSA 46 Restoration 1/15/21 2of2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Penny Taylor, Chairman r a Packet Pg. 424 16.A.9.b i tc U. RESOLUTION 2005- 229 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING 9911.1 ACRES IN THE RURAL LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "BCl/BCP SSA 6," APPROVING A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR BCl/BCP SSA 6, AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA WHEREAS, Barron Collier Investments Ltd., a Florida limited partnership and Barron Collier Partnership (herein referred to as "Owner") owns approximately nine thousand nine hundred eleven and one tenth (9911.1) acres located within the boundaries of the Rural Lands Stewardship Area Zoning Overlay District ("RLSA District") located in Collier County, Florida; and WHEREAS, Owner has voluntarily requested that said land be designated as a Stewardship Sending Area ("SSA") in accordance with, and pursuant to Section 4.08.06 of the Collier County Land Development Code ("LDC"); and WHEREAS, Owner has submitted a SSA Designation Application ("Application") for the BCI SSA 6 land; and WHEREAS, Collier County Staff has reviewed the Application, along with support documentation and information required by Section 4.08.06 of the LDC, and determined that the Application is legally sufficient; and WHEREAS, the Collier County Board of County Commissioners ("Board") has determined the BCI SSA 6 Stewardship Credit Agreement is in compliance with, and meets the requirements of the LDC, and is in substantial benefit to the general public. NOW, THEREFORE, be it resolved by the Board that: 1. BCl/BCP SSA 6, as described in attached Exhibit 1", consisting of approximately nine thousand nine hundred eleven and one tenth (9911.1) acres is hereby designated as a Stewardship Sending Area ("SSA"), and will be officially designated as "BCl/BCP SSA 6" on the Official Zoning Atlas Map. 2. The BCl/BCP SSA 6 Stewardship Credit Agreement, attached hereto as Exhibit "2", meets the requirements of Section 4.08.06 of the LDC and the Board hereby approves the BCl/BCP SSA 6 Stewardship Credit Agreement. 3. The Board hereby establishes, grants and assigns twenty-one thousand two hundred thirty-eight and eight tenths (21,238.8) Stewardship Credits to the Owner, which may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 4.08.04 of the LDC. 4. The Board hereby establishes and authorizes an additional four thousand two hundred eighty-six and four tenths (4,286.4) Stewardship Credits to be transferred to the Owner under the terms of the Credit Agreement attached hereto as Exhibit 2, Packet Pg. 425 17C 0 16.A.9.b 5. The Board further approves and authorizes the acceptance of the Stewardship Easement Agreement for the BCl/BCP SSA 6 lands. 6 By its designation of the lands described in Exhibit "1" as a Stewardship Sending Area, the County shall not hereafter grant or approve any increase in the density or additional uses beyond those uses specifically authorized in the BCl/BCP SSA 6 Credit Agreement. THIS RESOLUTION ADOPTED this 14th day of June, 2005, after a Motion, seconded, and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AT #W,T IPHT E. BROCK 7:4 ";. a Deputy Clerk to R .CW I*ar s _vda , `#o form and le I suffi ' c i By: Patric G. White Assistant County Attorney 7 Lo. By: Fred W. Coyle, Chairm Item Agenda 6-l-4- 05 Date hate ReA Packet Pg. 426 OR: J903 PG. 2827 16.A.9.c 17r EXHIBIT G RESTORATION PLAN The purpose of this Restoration Plan is to identify the restoration goals, describe the work to be performed, identify the party responsible for performing the work, propose a work schedule, describe success criteria, and describe the level of annual management, maintenance and monitoring in Restoration Areas A, B, and C of BCl/BCP SSA 6. a. Restoration Area A is approximately 575.0 acres in size and is within the Camp Keais Strand FSA and a contiguous HSA as delineated on the RLSA Overlay Map, an exhibit to the GMP RLSA District Overlay. The restoration improvements will increase the width of the flow way, functionally enhance the flow way's natural hydrologic regime, and control exotic vegetation to improve ecological functions. b. The hydrologic restoration improvements will consist of removing berms to the natural grade of adjacent lands within Restoration Area A (parcel A-1 of SSA 6 Credit Agreement Exhibit E) and design and installation of new culverts under two roadways bisecting the flow -way within Restoration Area A to re-establish the natural flow regime. Grantor will design the culvert system, including the number, location, size and elevation of the culverts. Big Cypress Basin shall determine if the Design is adequate. Once the Design is determined to be adequate, Grantor shall cause the restoration improvements to be made. The restoration improvements shall be completed within one (1) year of the approval of SSA 6. C. County staff will confirm that the berms have been removed and installation of culverts is consistent with the Design. Upon said confirmation by County Staff, success criteria shall be deemed to have been met, and the additional stewardship credits from Restoration Area A shall be available for transfer or utilization by Grantor. d. The land management measures for Area A shall be to annually inspect and clean the culverts as necessary to ensure performance of the culverts as per the Design. e. The ecological improvements to Restoration Area A shall consist of `n controlling exotic vegetation to levels less than 5% area coverage. Brazilian pepper within 100 feet of road and/or agricultural field edges will s be killed and removed. Brazilian pepper more than 100 feet from a road and/or field edge will be killed in place. Within Restoration Area A Parcels Q A-1 and A-5 (depicted in SSA 6 Credit Agreement Exhibit E), exotic and Ver its CAW Packet Pg. 427 • OR: 3903 PG: 2828 17C 16.A.9.c nuisance species will be controlled to less than 5% area coverage and native vegetation will be established to a minimum of 80% area coverage. f. Restoration Area B is approximately 619.2 acres in size and is within the Camp Keais Strand FSA and a contiguous HSA. The restoration improvements will restore and manage the lands within Restoration Area B for specific listed species, namely caracara, Sandhill Cranes, burrowing Owls, and panthers. g. The restoration improvements for Area B will consist of maintaining the area for short stature vegetation (12" or less), transplanting cabbage palms (15' minimum height) at a density of 10 trees per 100 acres, performing controlled burns for deer browse within 300' of forested edges of Restoration Area B once every three years, and creating habitat for burrowing owls as follows. Approximate one -quarter acre mounds at a density of one mound for each 100 acres, shall be created and seeded with bahia grass. The peak of the mounds shall be a minimum of 2' above the seasonal high water elevation. The restoration improvements shall be completed within one (1) year of the approval of SSA 6. h. Within one year after the installation of restoration Area B improvements, County staff will confirm that the habitat for burrowing owls has been completed, that 90% of the transplanted palms have survived, and that the first controlled burns have been performed. Upon said confirmation, success criteria shall be deemed to have been met, and the additional Stewardship Credits from Restoration Area B shall be available for transfer or utilization by Grantor. The land management measures for Area B shall be to maintain a minimum of 5 cabbage palms per 100 acres and to maintain ground cover at 12" or less through mowing as needed and grazing of cattle. Controlled burns will be performed once every three (3) years within 300 feet of forested edges. Restoration Area C is approximately 24.8 acres and is totally within a HSA that is contiguous to the Camp Keais Strand FSA. The restoration improvements will restore degraded wetlands and manage the lands within Restoration Area C for listed species wading birds, including wood storks and egrets and herons, listed by the State of Florida. k. The restoration improvements for Area C will consist of clearing exotic - infested wetlands, contouring the land, and planting with native species in order to create marshes and wet prairies. The list of allowed vegetation and standard cross-section of contouring are attached as Attachments I " and "2", respectively, which also address the spacing and density issues. Packet Pg. 428 OR: 3903 PG: 2829 17C V8, its caaaa The restoration improvements shall be completed within two (2) years of the approval of SSA 6. No sooner than two (2) years after completion of the Area C restoration improvements, County staff shall verify the restored wetland hydroperiod, confirm that the site has wildlife utilization, and that there is 80% coverage by native species. Upon said verification and confirmation, success criteria shall be deemed to have been met, and the additional Stewardship Credits from Restoration Area C shall be available for transfer or utilization by Grantor. M. The land management measure for Area C shall be the control of exotics and nuisance species, so that there is no more than 5% exotics or 10% nuisance species by area coverage in Restoration Area C. n. The estimated annual costs of the land management measures for Restoration Areas A, B, and C is $15,000. Grantor shall procure, at its election, either a bond or letter of credit ("Surety") on an annual basis in favor of the Grantees in an amount equal to 120% of the annual costs of the land management measures. This obligation shall start 30 days after Grantor has received notice from the County that the additional Stewardship Credits from restoration improvements for Restoration Area B are available and the obligation shall end 10 years after the start date, or at such date as a governmental entity or established conservation organization undertakes the land management measures. o. In the event Grantor fails to maintain any of the Restoration Areas according to the land management measures set forth herein, County shall have the right to draw upon the Surety only after 60 days written notice to Grantor with a right to cure. The County shall only be permitted to use the drawn Surety funds for the maintenance of the Restoration Areas in accordance with the land management measures set forth herein. P. Any failure to fulfill obligations or commitments under this Restoration Program shall be a breach of the Stewardship Easement Agreement. q. In the event the Grantor does not provide adequate financial assurance of performance on an annual basis, the County may pursue its rights against the Grantor under the Stewardship Easement for breach thereof. r. In the event that the Grantor fails to maintain the Restoration Areas pursuant to the land management measures set forth herein, the Grantees, or either of them, may after written notice to the Grantor perform such land management measures and then lien the Restoration Packet Pg. 429 OR; 3903 PG; IL830 16.A.9.c 17C Areas for the cost of their maintaining the Restoration Areas pursuant to the land management measures set forth herein, and if necessary then foreclose on such lien which may attach to the Restoration Areas. F:lwpdocsWT\GLV\New Town DevelopmenMve Maria\Legal Docs1WORD-SSA 6 Restoration Progrann.doc Packet Pg. 430 URA 3903 PG: 9.c EMT G A 7H NT 1 16." PLANTING LIST FOR SSA 6 WADING BIRD RESTORATION AREAS The wading bird restoration areas within SSA 6 will be graded to provide a variety of foraging opportunities for wading birds under varying hydrologic conditions. Conceptually, two zones will be created. Zone 1 will re-create wet prairie to shallow marsh environments, with water levels ranging from 0-1 foot under typical weather conditions. Zone 2 will consist of deeper water areas (typically 1-3 feet deep), constructed as interconnected pools to concentrate forage during the dry season. A schematic cross-section of these zones is provided as Attachment 2. A list of native plant species suitable for the wading bird restoration areas is provided below. The species actually planted for restoration will depend upon the documented hydroperiod of each area and the availability of plant stock. The list below is not intended to be all-inclusive, and the applicant will determine actual plantings based upon consultation with Collier County Natural resources and/or Environmental Service staff. Planting List — Zone 1 (water depths typically 0-1 foot) Water hyssop (BgcoRmonnie-ri) Ludwigia Ludwi is rep ens) Maidencane Panicum hemitomon) Soft Rush Juncus effusus) Golden Canna Canna flaccido) Sand Cordgrass S artina bakerrii) Swamp Li#y Crinum americgnum) Smortweed (Polyaonum spp.) Lizard's Tail `{Soururu5 cernuus) Spider Lily (Hymccocallis QQ lmeri) Gulf Muhly Muhlenber is capillaris) Beakrush (Rhyncospora sop.) St. John's —wort (Hvoericum sop.) Planting List — Zone 2 (water depths typical 1-3 feet) Giant Bulrush Scir us californicus) Pickerelweed Ponteden cordata) Common Arrowhead Sa ittaria lancifolia) Sawgrass Cladiurn jamoicense) Packet Pg. 431 *** OR. 3903 PG, 2832 ** 16.A.9.c y� TYPICAL R WN PONDS FOR WADING BIRD FORAGIN SCHEMATIC SECTION N.T.S. ® EXCAVATION TO CREATE WADING BIRD FORAGING POOL. GRADE SSA6 WADING BIRD RESTORATION AREA PLANTING LIST. ZONE 1 SPECIES: From natural grade to 1.0' below ZONE 2 SPECIES: 1.0' to 3.0 below natural grade. natural grade. Giant Bulrush Scir u californicus) Pickerelweed Pon is cor ) Common Arrowhead 'ttaria Ian i lid) Water hyssop (Baagp monnieri) Sawgross Cladium iamoicense) Ludwigia udwi i reoens) Maidencone Cpgnicum he ni omon) Soft Rush (JungW5 (Jungf sus Golden Canna Canna flaccida) Sand Cordgrass (Sporting bakerrii) Swamp Lily Crinum gmericarum) Smortweed (Polxgonum spp.) Lizard's Tail agpi rurus cernuus) Spider Lily (Hymenocallis ao Imeri) Gulf Muhly (Muhlenbergia co ill i ) Beakrush iRhyncospora IM. St. John's —wort H ericum app.) • Planted species may deviate from those listed depending upon site conditions and availability of stock. Wetland Plantings in Wading Bird Restoration Areas The wading bird restoration areas totaling 24.8 acres will be planted using species chosen from the list provided above. Herbaceous species will be planted in clumps on staggered 3—foot centers. All herbaceous material will be minimum 1 gallon pot stock or bare —root stock. The wading bird foraging areas shall be planted with at least five different species, and no single species shall amount for more than 50% of the total coverage. FOR SSA APPLICATION ONLY — NOT FOR CONSTRUCTION PROJECT: SSA 6 APPLICANT: BCI—BCP Exhibit G, Attachment 2 Wil*miller FLA REG. couNrr: °ATFJUNE 2005 Planners . Engineers • Ecologists • Surveyors • Landscape Architects • Transportation Consultants sec: TWP; RGE: REV No: WilsonMiller, Inc. PROJECT NO. FILE NO: Naples • Fort Myers • Sarasota • Bradenton • Tampa N/A DRWN BY EMP NO. SHEEP NO: 32008aileyLane, Suite200 • Naples, Fbada341OW07• Phone 941-649-4040 • Fax 941-643-5716 • WefrSite WKW,kSonmiflercom V.J.P. 1 1 15 1 ov 1 Jun 03. 2005 — cn O er esnnr . n ncnn - awn. c m n ia. — ,. Packet Pg. 432 Wils6nmiller® New Directions In Planning, Design & Engineering Ave Maria University and Town Audubon's Crested Caracara Fifth Annual Monitoring Report Prepared for - Florida Fish and Wildlife Conservation Commission Attention Ms Angela Williams Protected Species Permit Coordinator Division of Habitat and Species Conservation 620 South Meridian Street, Mail Station 2A Tallahassee, Florida 32399-1600 To Fulfill Partial Requirements of FWC Special Purpose Permit #WX05444 Prepared by 77 WilsonMiller, Inc. o 0 3200 Bailey lane N Suite 200 0 a Naples, Florida 34105 L 0 July 2010 0 Offices strategically located to serve our clients 800.649 4336 wilsonmillercom zo __ Packet Pg. 433 16.A.9.d TABLE OF CONTENTS 1 INTRODUCTION 2 BREEDING PAIR HISTORY 3 STATUS OF MITIGATION ACTIVITIES 4 OBSERVATIONS AND TRACKING 5 SUMMARY TABLES Table 1 — Ave Maria Breeding Pair History EXHIBITS Exhibit 1 - Town of Ave Maria Location Map Exhibit 2 - Past and Present Caracara Nest Locations Map Exhibit 3 - SSA-6 Location Map Exhibit 4 - SSA-6 Caracara Restoration Area Maps APPENDICES Appendix A - SSA-6 Restoration Plan Appendix B - Ave Maria University and Town Caracara Management Plan Appendix C - Documentary Photographs 1 1 3 4 7 aD L U 0 0 r rn a� co R m a c =a c a r ti CO) 00 0 0 N r 0 a aD c •L 0 0 �o c Q U LL r aD E s R r w Q 7/12/2010 218247 Ver 1 Willer 07788-008-024 0 Packet Pg. 434 16.A.9.d 1 [1. C' I Ll 1 Ll Ave Maria University and Town Audubon's Crested Caracara Fifth Annual Monitoring Report 1. INTRODUCTION The Audubon's crested caracara (Caracara chenway audubonu) is listed as Threatened by both the U S. Fish and Wildlife Service (FWS) and the Florida Fish and Wildlife Conservation Commission (FWC) During the 2004 listed species survey for the permitted Town of Ave Maria, a pair of caracaras was observed nesting near the DRI boundary of the site. The pair nested on -site the following two seasons The FWC Special Purpose Permit #WX05444 was issued for the removal of one inactive caracara nest tree on October 7, 2005 in association with the development of the permitted 5,027-acre new Town of Ave Maria project site, located in T48S, R29E, S4-9 and 16-18 and T47S, R29E, S31-33 in Collier County, Florida Said permit requires that caracara monitoring reports be submitted to FWC by June 30, annually for 5 years. The submittal of this fifth annual monitoring report finalizes the execution of that condition. Conditions of the permit require the following* monitoring of the adult pair through the 2005-2006 breeding season and four subsequent seasons, for a total of five years, radio tagging of nestlings if feasible with monitoring of fledglings to gather dispersal data; and restoration and perpetual preservation, and monitoring and maintenance of 601 acres of caracara pasture habitat within the Caracara Restoration Areas of Collier County Stewardship Sending Area 6 (SSA 6) 2. BREEDING PAIR HISTORY WdsonMdler ecologists first observed Audubon's crested caracaras during the 2004 listed species survey for the Towne of Ave Maria DRI project boundary One pair of caracaras nested and bred successfully, rearing two juveniles 150' east of the Ave Maria DRI boundary in spring 2004 They then nested within the DRI boundary, rearing one juvenile during the 2004-2005 breeding season The same breeding pair nested in a cabbage palm approximately 50 feet north of the previous season's nest location within the DRI boundary during the 2005-2006 breeding season. A previously -issued Incidental Take permit was obtained from FWC-Tallahassee (Permit #WX05444). The incidental take was exercised on July 12, 2006 through the removal of the nest tree, after that breeding season fully concluded and the nest was considered inactive During the recent 2006-2007 breeding season, the same breeding pair of caracaras chose to nest in a cabbage palm adjacent to an open maintained field located approximately 1 2 miles north of Ave Marra and 0.3 miles south of the intersection of Camp Keais Road and Immokalee Road. This nest tree was located less than 300 feet from Camp Keas Road. During this 2007/2008 breeding season, the same pair of adults nested approximately 150 feet west of the previous season's nest tree. During the 2008/2009 breeding season, the same pair of adults did not appear to breed, however there may have been an unidentified nest tree nearby that produced activity Again during the 2009/2010 breeding season, the pair of adults, and a sub -adult from the prior breeding season, remained in the vicinity of the 2007/2008 nest tree. No breeding was observed, however, it appears that the pair produced a single juvenile caracara from an unknown nest Like the 2009/2009 breeding season, the nest is presumed to be located nearby and south of the 2007-2008 nest tree, given the continued 1 Packet Pg. 435 16.A.9.d 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Ave Maria University and Town 2 Audubon's Crested Caracara Fifth Annual Monitoring Report presence of the adults in the region during the monitoring period. Table 1 below references the number of fledglings that the Ave Maria breeding pair of caracaras have had over the past six breeding seasons, and describes the locations of the nest trees These locations are depicted on a color aerial in Exhibit 2 at the end of this report Fable 1 - Ave Maria Breeding Pair History Breeding Season Number of Comments Fledglings 2003/2004 2 Cabbage palm nest tree located in Brazilian pepper surrounded by open pasture with scattered clumps of saw palmetto Nest tree located immediately east of Ave Maria DRI boundary, just west of Camp Keais Road 2004/2005 1 Cabbage palm nest tree located in Brazilian pepper immediately adjacent to Ave Maria northeast haul road on west and open pasture and Camp Keais Road on east Nest tree located approximately 0 3 miles north of previous season's nest tree The juvenile was tagged with FWS leg bands and radio transmitter on 03/22/05 and last observed approximately 2 3 miles north of the Ave Maria project boundary 2005/2006 1 Cabbage palm nest tree located in Brazilian pepper immediately adjacent to Ave Maria northeast haul road on west and open pasture and Camp Keais Road on east Nest tree was located adjacent to previous season's nest tree This nest tree was removed per FWC incidental take permit on 07/12/06 The bird was fixed with a radio transmitter on 03/11/06, which was then removed on 03/15/06 due to complications The bird was reported dead along Camp Keas Road on 09/26/06 2006/2007 2 Cabbage palm nest tree located 1 2 miles north of Ave Maria project boundary, 0 3 miles south of intersection of Immokalee Road and Camp Keais Road, less than 300 feet west of Camp Keais Road, adjacent to cabbage palm hammock and approximately 26 -acre open field 2007/2008 3 Cabbage palm nest tree located approximately 150 feet west of previous season's nest tree Three juveniles were observed on the nest ready to fledge on 03/06/08 On 7/12/2010 218247 Ver 1 Miller 03786-008-024 0 0 0 N 0 a m a� c 0 c 0 2 3 c c Q U ILL a� E R a Packet Pg. 436 16.A.9.d 1 I Ave Maria University and Town Audubon's Crested Caracara Fifth Annual Monitoring Report 03/19/08, one juvenile was observed fledged from the nest, walking on ground around nest tree and flying short distances between perch trees The other two juveniles were not located on that date On 05/21/08, all three juveniles were observed fledged from the nest and perching beside the two adults on a pine snag along the west side of Camp Keais Road, east of the nest tree 2008 / 2009 The cabbage palm tree used during the 2007/2008 nest season did not appear to be used, however the adults observed repeatedly near this tree during 2008/2009 appear to have produced one fledgling Possibly this occurred at a nearby yet unidentified nest 2009/2010 The cabbage palm tree used during the 2007/2008 nest season did not appear to be used, however the adults or another nearby pair of adults near this tree during 2009/2010 time frame produced one fledgling Possibly this occurred at a nearby yet unidentified nest ' 3. STATUS OF MITIGATION ACTIVITIES WilsonMiller coordinated with caracara expert Dr Joan Morrison to devise appropriate mitigation for impacting the crested caracara and its habitat Barron Collier Investments, Ltd And Barron Collier Partnership conveyed and recorded a Stewardship Easement Agreement to the Florida Department of Agriculture for the SSA-6 restoration activities ' FWC permit #WX05444 requires that restoration, monitoring and maintenance be implemented in accordance with paragraphs 'T' through "i" of the SSA-6 Restoration Plan (see Appendix B) ' The approved mitigation includes the restoration of 601 acres of perpetually managed caracara habitat within SSA 6, and 5 years of monitoring of the Ave Maria breeding pair of caracaras (see attached FWC permit). The SSA-6 caracara habitat restoration has commenced and is ongoing. Grasses and other groundcover within SSA-6 have been mowed and maintained less than one foot in height and the burrowing owl mounds have been created as observed by WilsonMiller senior ecologist, Tom Trettis, on April 17, 2006 The planting of 10 cabbage palms per every 100 acres was conducted in June 2006 However, a less than optimal survival rate of transplanted cabbage palms became evident in the months following the 2006 wet season. Historic drought conditions have delayed the replacement of dead cabbage palms The replacement of cabbage palms occurred during the 2008 / 2009 winter and spring tField inspections in June 2010 revealed that SSA6 had been maintained in accordance with the management plan The groundcover had been mowed to less than 12" in height 7/12/2010 218247 ver 1 Willer Packet Pg. 437 03786-008-024 0 16.A.9.d d I J Ave Maria University and Town Audubon's Crested Caracara Fifth Annual Monitoring Report and the planted cabbage palms that had died had been replaced Although the survivorship of the planted cabbage palms was 86% (i.e , 2 trees short of 90%), the goal of the restoration was met due to the overall density of planted and existing cabbage palms of 10 palms per 100 acres, as specified in item "g" of the SSA-6 Restoration Plan, attached as Appendix A WilsonMiller ecologist Justin Styer assisted Dr Joan Morrison and James Dwyer, in the capture of the 2004-2005 Juvenile and the 2005/2006 Juvenile and one of the breeding adults (adult assumed to be female by weight) for the purposes of leg -banding and fitting of radio transmitters In addition, blood and feather samples were collected and weight and morphologic features were measured The radio transmitter harness was removed from the 2005/2006 Juvenile because of equipment complications, yet its legs remain banded The 2004/2005 Juvenile and the breeding adult were successfully fitted with radio transmitters Using radio telemetry equipment by either Justin Styer, Bruce Layman or Tom Trettis monitored the Ave Maria caracaras' foraging, roosting and nest -budding activities from June 2005 to August 2006, and through visual observation surveys since June 2004. 4. OBSERVATIONS AND TRACKING 2005/2006 Nesting Season Observations: Surveys by visual observation began in February 2004 and more routinely began in November 2005 Telemetry tracking was generally conducted on the Ave Maria site and from the public right of way, beginning in June 2005 and continuing to early August 2006 Monitoring events were conducted weekly during nesting season to establish a nesting/hatching chronology and to accurately plan the timing of the capture of the juvenile(s) before fledging the nest Monitoring generally occurred once every two weeks during other times of the year During monitoring activities, the breeding pair and juvenile(s) have been observed within the mowed pasture adjacent to the nest tree, along the sides of roads, adjacent areas with snags and perch trees, sod fields, agricultural fields following plowing tractors, field worker lunch areas, burn piles, ditch excavation areas, and within water detention areas and ditches, especially as they dry up and concentrate aquatic animals during April, May and early June The caracaras often gathered food items from off -site citrus groves and water detention areas and brought them back to the pasture to feed on them Discarded food items observed have consisted of the following. small turtle shells, armadillo shell, armored catfish heads/scutes, rabbit's leg/foot, garfish scales and skin, bird bones, Florida gallinule leg, opossum fur, rat skulls, snake vertebrae, leopard frog skin and mandible, white egret feathers, moth wings and small bird feathers A few months following the fledging of juveniles, the Ave Maria caracaras have often been observed within citrus groves. The juvenile(s) and adults have been dispersing from the r7112=10 218247 Ver , Willer 037e8-MB-024 0 Packet Pg. 438 16.A.9. d Ave Maria University and Town 5 Audubon's Crested Caracara Fifth Annual Monitoring Report Ave Maria site approximately 3 months following fledging of juveniles Juveniles are tolerated following adults around and begging for food in the period between 3 and 6 months following fledging, and appear to part from the adults during the onset of nest budding activities and sooner on other occasions During local surveys, other adults and juvenile caracaras have been observed outside the Ave Maria project boundaries Additional surveys will be conducted on the Ave Maria site for the Audubon's crested caracara individuals and nests prior to future land clearing activities during the nesting season (November 1 through June 1) WdsonMiller senior ecologist Tom Trettis observed and photographed an adult caracara utilizing the SSA-6 caracara restoration areas on April 17, 2006 The permittee will continue to ensure the groundcover within SSA-6 is maintained at the required < 1-ft stature through cattle grazing and/or mowing activities. 2006/2007 Nesting Season Observations: The 2004/2005 juvenile was last observed foraging in an orange grove approximately 2 1 miles north of the intersection of Immokalee Road and Camp Keais Road in early October 2005. This bird's transmitter signal has not been picked up by hand-held receiver nor by an airplane -flown receiver since October 2005 (monitoring flight was performed by James Dwyer in August 2006) That juvenile has not been observed visually since then. On September 26, 2006, the 2005/2006 caracara fledgling (with banded legs only) was reported by Barron Collier Companies as found dead along the side of Camp Keais Road That caracara wore a blue aluminum band on the left leg with silver engraving 7" over US" On its right leg it wore a standard USFWS band number 1807-71623 On August 7, 2006, James Dwyer and Justin Styer located the radio transmitter from the breeding adult tagged caracara within an orange grove on the east side of Camp Keals Road. It was later discovered that the adult breeding bird had freed itself from the transmitter and harness, when it was observed nesting 1 2 miles north of the Ave Maria ' Site during this past 2006/2007 nesting season. The identification numbers on its leg bands were confirmed to be the Ave Maria tagged breeding adult through the use of a spotting scope. This same bard and its mate produced two fledglings during the 2006/2007 nesting season. Monitoring events were conducted weekly during the nesting season to establish a nesting/hatching chronology and to survey the Ave Maria University and Town site for the presence of additional caracaras or caracara nests. Adult and juvenile caracaras have been observed perching on cypress and pine trees adjacent to the Ave Maria site, located south of Oil Well Road on occasion. Following the breeding season, the two Ave Maria breeding adults continued to utilize the area around the nest tree, located 1 2 miles north of the Ave Maria site, and continued to forage within adjacent orange groves to the east and west. 7/12/2010 218247 Ver 1 SKEW Packet Pg. 439 037WO08-024 0 16.A.9.d 1 I d I I Ave Maria University and Town Audubon's Crested Caracara Fifth Annual Monitoring Report 2007/2008 Nesting Season Observations: 0 The Ave Maria breeding pair of caracaras nested again in another cabbage palm approximately 150 feet west of the previous season's nest tree during this past 2007/2008 nesting season The pair continued to utilize a pine snag located adjacent to the west side of Camp Keais Road as a lookout and foraged often within adjacent orange groves to the east and west and along Camp Keais Road The northern portion of the field adjacent to the nest tree was utilized as a staging area for the Lee County Electric Corporation's (LCEC) new electrical transmission line project during this nesting season A buffer zone was marked off by red plastic tape strung between survey stakes marking the southern limits of the staging area The activities within the staging area did not seem to distract the adult caracaras from their normal nesting and foraging activities In fact, they produced three juveniles this season as observed in the nest on March 6, 2008 One of them was observed fledged from the nest on March 19, 2008 The other two juveniles were not located on that date, but were no longer present in the nest On May 21, 2008, all three juveniles were observed flying around and begging the two adults for food on a pine snag along the west side of Camp Keais Road, just east of the nest tree Activities observed in the staging area included placement and retrieval of multiple approximately 200-ft long metal power poles, storage of rock fill, heavy equipment, and movement of trucks and cranes Workers were observed attaching power cables between newly installed power poles following the fledging of the juvenile caracaras These activities did not appear to affect the normal behaviors of the adult and juvenile caracaras, as they continued to forage for food within adjacent properties and along adjacent roadways, and continued to occupy the immediate vicinity of the nest tree 2008/2009 Nesting Season Observations: Caracara monitoring began in January 2009 and focused on the nest tree used during the 2007/208 nesting season because the banded adult caracara and up to 2 other adult birds consistently watched over the nest tree from the tops of adjacent pines At least two caracaras were present during each site visit, yet none were observed tending the nest, and none were observed in the nest The nest was observed when the adults were not present The tree was overgrown with vines and no signs of caracara use was evident (i.e bones, shells, ect under the nest.) On April 22' 2009 an adult caracara flew from the pine perch, across Immokalee Road, and joined a second adult caracara and a presumed 1s' year juvenile Once the two adults were banded and the gray -faced juvenile appeared to have fledged recently The nest tree that fledged the juvenile was not identified ' 771=010 218247 ver 1 Miller Packet Pg. 440 037/N08-024 0 16.A.9.d LJ� Ave Maria University and Town 7 Audubon's Crested Caracara Fifth Annual Monitoring Report 2009/2010 Nesting Season Observations: Caracara monitoring began on December 4, 2009 and focused in the region of the nest tree used during the 2007/208 nesting season because the banded adult caracara and up to 2 other adult birds regularly perched in pines in close proximity to the nest tree Two, and often three, caracaras were present during each site visit, yet none were observed tending a nest until mid -April when the two adults were observed retrieving nest materials and returning to the proximity of the 2007/2008 nest tree. Due to thick vegetation, a nest tree could not be located by the observing biologist. This nest -tending activity was only observed on this single occasion The tending of a nest was curious because it occurred late in the breeding season and because it appeared that an unidentified nest already produced a juvenile caracara in late March (see attached photo of first -year juvenile caracara) By late May, the birds began wandering more widely, showing less affinity to the 2007/2008 nesting site region and more affinity to the cedar tree windrow near the Ave Maria entrance on Camp Keais Road 1 5. SUMMARY The intent of FWC Special Purpose Permit #WX05444 for the Ave Maria site and within the ' SSA-6 restoration areas has been met. The official five years of monitoring of the Ave Maria caracaras began November 1, 2005, successful radio -harnessing, banding and tracking of juvenile and adult caracaras occurred from June 2005 to August 2006, and the Ave Maria Caracara Management Plan is being executed The off -site SSA-6 Caracara Restoration Areas have been mowed to maintain groundcover less than 1-ft in height, exotics have been removed, the burrowing owl mounds have been created, and the planting of 10 cabbage palms per every 100 acres occurred during the summer of 2006 The replacement of dead cabbage palms occurred during the onset of the 2009 wet season and the cabbage palm density in the restoration areas, which includes planted and Iexisting trees, greatly exceeds the required density. This new caracara habitat attracted at least one adult caracara that was observed on multiple occasions in 2006 (if it was the same individual). Although not observed by WilsonMiller ecologists, Barron Collier Companies personnel have reported recent sightings of multiple caracaras in the northwest fields of the Katherine Island SSA-6 caracara restoration lands The permittee will continue to ensure that the groundcover is maintained at low stature ' through cattle grazing and/or mowing activities The Ave Maria breeding pair of caracaras produced a total of approximately 11 fledglings over the past seven breeding seasons They continue to breed approximately 1.2 miles north of the Ave Maria project site, J successfully fledging one juvenile during this past nesting season Overall, Dr Morrison and FWC have concluded that there will be a net benefit for caracara conservation in eastern Collier County as a result of the 5 years of monitoring, radio -tagging and tracking � a 00&024 a o vex Willer Packet P . 441 16.A.9.d Ave Maria University and Town 8 Audubon's Crested Caracara Fifth Annual Monitoring Report of juveniles and adults, and 601 acres of SSA-6 caracara habitat restoration. This monitoring activity provided valuable scientific information regarding caracara adaptation to human disturbance, colonization of restored habitats, and the overall caracara recovery progress 7112J2010 218247 Ve 1 SMillw 03786408-024 0 Packet Pg. 442 16.A.9.d I GLADES � 6WLOTTE �1 HENDRY PALM BEACH LEE N ' COWER PROPERTY • MIAMI-DADE r PROJECT I _ LOCATION LOCATION NROE � -- r - ., `, . •TOW OF i .: } IMMO ALU., _ Y': r I t � IMMOKALEE ROAD o < m A N ��� 0) OIL WELL ROAD IMMOKALEE ROAD __J � I _ GOLDEN GATE BLVD I II FLORIDA PANTHER f NATIONAL WILDLIFE I REFUGE I I i I-75 r I G •� I O� US I PROJECT TOWN OF AVE MARIA APPLICANT AVE MARIA DEVELOPMENT LLLP wil*miler NEW DIRECTIONS IN PLANNING, DESIGNS ENGINEERING WdsonMdler, Inc Naples • Fort Myers • Sarasota • Bradenton -Tampa .Tallahassee -Panama City Beach ' 3200 Bailey Lane, SuHe 200• Naples, Fonda 34105-85076 Phone 239-649-4040• Fax 239-643-5716 • Web -Site www misonmiller corn i i I I LATITUDE 26° 20' 03" LONGITUDE 8 1 - 26' 11" SCALE NOT TO SCALE SEC 3193 TWP ROE aa,,s,e 473.48S PROJECT NO 03786-008-002 OWN WOO NO VJP/1115 ra 0 0 N v 0 CL L 0 0 c c Q U LL d t U fC Q A-03786-039 SHEET NO' 1 OF 22 Packet Pg. 443 16.A.9.d 11 I Ave Mana University and Town Audubon's Crested Caracara Fourth Annual Monitoring Report Exhibit 2 — Past and Present Caracara Nest Locations Map Packet Pg. 444 1 1 16.A.9.d I Ave Mana University and Town Audubon's Crested Caracara Fourth Annual Monitoring Report 1 1 0 Exhibit 3 - SSA-6 Location Map 1 1 II Packet Pg. 446 Legend SSA BOUNDARY ORI BOUNDARY SSA 6 - LOCATION MAP �� PANtHER COMPENSATION WO []SHRC . �1?piREAt$.�i9QFi L.Wr3 r a wiIsonmiller UNE 2006 P/BWed try: Ja asmisomll mllx.ram Hle Path-T:�ProIBus4031e0_nMiA037Bfi-&oeogical Opnon103786•&o"mi OplNonVrU(DM786_S3A6_LM91WMap_20100713_W1_2182 mid Packet Pg. 447 16.A.9.d ' Ave Maria University and Town Audubon's Crested Caracara Fourth Annual Monitoring Report 1 F 1 l� Exhibit 4 - SSA-6 Caracara Restoration Area Maps Packet Pg. 448 uoi;eao;sab - 9 eeiV 6uipueS diyspiema;S : LCOVO 90OZ - :podab Buiao;iuow lenuuv OMB :;uauayaejjv 1� I� u uoi;eao;seM - 9 eeiV 6uipueS diyspiemo4S : LUV O 90OZ - :podeN Cuiao;iuow jenuud OMB :;uowgoe;;y 1 1 I I 1 5 Appendix A - SSA-6 Restoration Plan 16.A.9.d w 0 0 N O CL d w 8m C •L O C O 3 C C Q U C d t v to r Q 1 7/122010 218247 Ver 1 SMiller 03780_008�4 0 Packet Pg. 451 Ll 16.A.9.d ' Ave Maria University and Town Audubon's Crested Caracara Fourth Annual Monitoring Report SSA-6 RESTORATION PLAN The purpose of this Restoration Plan is to identify the restoration goals, describe the work to be performed, identify the party responsible for performing the work, propose a work ' schedule, describe success criteria, and describe the level of annual management, maintenance and monitoring in Restoration Areas A, B, and C of BCl/BCP SSA 6. ' a. Restoration Area A is approximately 575 0 acres in size and is within the Camp Keais Strand FSA and a contiguous HSA as delineated on the RLSA Overlay Map, an exhibit to the GMP RLSA District Overlay The restoration improvements will i increase the width of the flow way, functionally enhance the flow way's natural hydrologic regime, and control exotic vegetation to improve ecological functions b. The hydrologic restoration improvements will consist of removing berms to the ' natural grade of adjacent lands within Restoration Area A (parcel A-1 of SSA 6 Credit Agreement Exhibit E) and design and installation of new culverts under two roadways bisecting the flow -way within Restoration Area A to re-establish the natural flow regime Grantor will design the culvert system, including the number, location, size and elevation of the culverts Big Cypress Basin shall determine if the Design is adequate Once the Design is determined to be adequate, Grantor shall ' cause the restoration improvements to be made The restoration improvements shall be completed within one (1) year of the approval of SSA 6 C. County staff will confirm that the berms have been removed and installation of ' culverts is consistent with the Design Upon said confirmation by County Staff, success criteria shall be deemed to have been met, and the additional stewardship credits from Restoration Area A shall be available for transfer or utilization by Grantor d The land management measures for Area A shall be to annually inspect and clean Ithe culverts as necessary to ensure performance of the culverts as per the Design e The ecological improvements to Restoration Area A shall consist of controlling ' exotic vegetation to levels less than 5% area coverage Brazilian pepper within 100 feet of road and/or agricultural field edges will be killed and removed. Brazilian pepper more than 100 feet from a road and/or field edge will be killed in place Within Restoration Area A Parcels A-1 and A-5 (depicted in SSA 6 Credit Agreement Exhibit E), exotic and nuisance species will be controlled to less than 5% area coverage and native vegetation will be established to a minimum of 80% ' area coverage f. Restoration Area B is approximately 619 2 acres in size and is within the Camp Keais Strand FSA and a contiguous HSA The restoration improvements will restore and manage the lands within Restoration Area B for specific listed species, namely caracara, Sandhill Cranes, burrowing Owls, and panthers Packet Pg. 452 16.A.9.d E 1 it 1 2 g The restoration improvements for Area B will consist of maintaining the area for short stature vegetation (12" or less), transplanting cabbage palms (15' minimum height) at a density of 10 trees per 100 acres, performing controlled burns for deer browse within 300' of forested edges of Restoration Area B once every three years, and creating habitat for burrowing owls as follows Approximate one -quarter acre mounds at a density of one mound for each 100 acres, shall be created and seeded with bahia grass The peak of the mounds shall be a minimum of 2' above the seasonal high water elevation The restoration improvements shall be completed within one (1) year of the approval of SSA 6 h Within one year after the installation of restoration Area B improvements, County staff will confirm that the habitat for burrowing owls has been completed, that 90% of the transplanted palms have survived, and that the first controlled burns have been performed. Upon said confirmation, success criteria shall be deemed to have been met, and the additional Stewardship Credits from Restoration Area B shall be available for transfer or utilization by Grantor. The land management measures for Area B shall be to maintain a minimum of 5 cabbage palms per 100 acres and to maintain ground cover at 12" or less through mowing as needed and grazing of cattle Controlled burns will be performed once every three (3) years within 300 feet of forested edges. Restoration Area C is approximately 24 8 acres and is totally within a HSA that is contiguous to the Camp Keais Strand FSA The restoration improvements will restore degraded wetlands and manage the lands within Restoration Area C for listed species wading birds, including wood storks and egrets and herons, listed by the State of Florida. k The restoration improvements for Area C will consist of clearing exotic -infested wetlands, contouring the land, and planting with native species in order to create marshes and wet prairies The list of allowed vegetation and standard cross- section of contouring are attached as Attachments "1" and "2", respectively, which also address the spacing and density issues The restoration improvements shall be completed within two (2) years of the approval of SSA 6 No sooner than two (2) years after completion of the Area C restoration improvements, County staff shall verify the restored wetland hydroperiod, confirm that the site has wildlife utilization, and that there is 80% coverage by native species Upon said verification and confirmation, success criteria shall be deemed to have been met, and the additional Stewardship Credits from Restoration Area C shall be available for transfer or utilization by Grantor. The land management measure for Area C shall be the control of exotics and nuisance species, so that there is no more than 5% exotics or 10% nuisance species by area coverage in Restoration Area C 7/1Zl2010 218247 Ve 1 SMlller 0378&00&024 0 Packet Pg. 453 16.A.9.d 1 3 I The estimated annual costs of the land management measures for Restoration Areas A, B, and C is $15,000 Grantor shall procure, at its election, either a bond or letter of credit ("Surety") on an annual basis in favor of the Grantees in an amount equal to 120% of the annual costs of the land management measures This obligation shall start 30 days after Grantor has received notice from the County that the additional Stewardship Credits from restoration improvements for Restoration Area B are available and the obligation shall end 10 years after the start date, or at such date as a governmental entity or established conservation organization undertakes the land management measures o In the event Grantor fails to maintain any of the Restoration Areas according to the land management measures set forth herein, County shall have the right to draw upon the Surety only after 60 days written notice to Grantor with a right to cure The County shall only be permitted to use the drawn Surety funds for the maintenance of the Restoration Areas in accordance with the land management measures set forth herein. p Any failure to fulfill obligations or commitments under this Restoration Program shall be a breach of the Stewardship Easement Agreement q In the event the Grantor does not provide adequate financial assurance of performance on an annual basis, the County may pursue its rights against the Grantor under the Stewardship Easement for breach thereof In the event that the Grantor fails to maintain the Restoration Areas pursuant to the land management measures set forth herein, the Grantees, or either of them, may after written notice to the Grantor perform such land management measures and then lien the Restoration Areas for the cost of their maintaining the Restoration Areas pursuant to the land management measures set forth herein, and if necessary then foreclose on such lien which may attach to the Restoration Areas 7112P2010 218247 Ve 1 SMillw � 03786-0os4 0 Packet Pg. 454 16.A.9.d Ave Maria University and Town Audubon's Crested Caracara Fourth Annual Monitoring Report J C d IAppendix B - Ave Maria University and Town Caracara Management Plan Fi Packet Pg. 455 16.A.9.d Ave Maria University and Town Audubon's Crested Caracara Fourth Annual Monitoring Report Ave Maria University and Town AUDUBON'S CRESTED CARACARA MANAGEMENT PLAN The first phase of construction does not occur within the 300-meter primary zone and/or the 1000-meter secondary zone surrounding the 2005 nest tree Therefore, there are no construction restrictions regarding caracara within the footprint of the first phase of construction Proposed turn lanes off of Camp Keais Road into the project will be 1 constructed after the 2004-2005 nesting season has concluded Initial construction traffic entering and/or exiting via the Camp Keais Road entrance is limited to 225 vehicles per day This volume is the result of current traffic monitoring and Dr Joan Morrison has concurred that this level is acceptable Construction traffic entering the site may not sit idling on portions of the entrance road located within the 300-meter ' primary zone A sign will be posted at the boundary of the primary zone that prohibits idling east of that point. Should a traffic line extend to that point, vehicles will be temporarily moved forward to an existing staging area 500 feet west of the primary zone The check -in Ipoint can also be moved westward along the existing farm road if this situation re -occurs. During construction periods, a daily roadkill survey will be performed within the 1000-meter secondary zone along the entrance road and Camp Keais Road All roadkill within this zone must be removed to a distance at least 25 feet off the road shoulder A biologist will be observing the caracara at the nest tree site, and if the birds become agitated by construction traffic the Camp Keais Road entrance will be closed, or the traffic volume reduced to eliminate the disturbance. The caracara habitat management plan for the first phase of construction consists of the restrictions detailed above, plus maintenance of the remaining pasture area via grazing and/or mowing The pasture will be managed until such time as the nest tree is subject to ' an Incidental Take, which will occur in a future phase of construction Monitoring of the adult pair every 2-3 weeks will resume in September 2005 and continue through the 2005- 2006 nesting season, or until the Incidental Take of the nest tree is authorized. Future Phases: Mitigation for impacts to caracara habitat will be performed according to the US Fish and Wildlife Service (USFWS) Biological Opinion for Ave Maria (see FWS Biological Opinion for details). The Biological Opinion prescribes habitat replacement for the pasture habitat that will be impacted by future construction phases Accordingly, 601± acres of created/restored caracara habitat will be provided in Stewardship Sending Areas 3, 4, and/or 6, or equivalent compensation approved by USFWS The Biological Opinion authorizes an Incidental Take 1 of the nest tree and pasture habitat in exchange for this mitigation. Once the Incidental Take is exercised, there will be no caracara restrictions on construction in the entire project Packet Pg. 456 16.A.9.d Typical mowing and cabbage palm density in Smallwood portion of Catherine Island. *pF41FW, -_ Planted cabbage palms in Catherine Island caracara mitigation area. Q ' W12MI0. 216241- VW t - 3MAIw 03798-008-M4- .0 Packet Pg. 457 16.A.9.d I 1 I Dependant juvenile caracara immediately west of primary monitoring location. 1 ' PI2120f0 - 218247 • Ver: 1 - SWIor Packet Pg. 459 16.A.9.e Nrilsonmiller, DNew Directions In Planning, Ddsign & Engineering l 1 Ave Maria University and Town Audubon's Crested Caracara First Annual Monitoring Report a (� Prepared for: Ll Ms. Angela Williams Protected Species Permit Coordinator Florida Fish and Wildlife Conservation Commission Division of Habitat and Species Conservation D 620 South Meridian Street, Mail Station 2A Tallahassee, Florida 32399-1600 j I 0 To Fulfill Partial Requirements of: FWC Special Purpose Permit #WX05444 Primary Author: (L22Atz� Ju in Styer Project Ecologist Prepared by: WilsonMiller, Inc. 3200 Bailey lane Suite 200 Naples, Florida 34105 June 2006 Primary Reviewer: Stuart Miller, ACIP Senior Project Manager 626/2006. 171930 Ver (WI - TKING CAM 03766•008.003 •0 Packet Pg. 460 16.A.9.e New Directions in Planning, Design & Engineering Ave Maria University and Town i First Annual Caracara Monitoring Report TABLE OF CONTENTS 1. INTRODUCTION ................................................. ............... --....................................... ....................... 1 2. BREEDING PAIR HISTORY ............... I............................................................................. .............,,..... 1 3. STATUS OF MITIGATION ACTIVITIES.............................................................................................. 1 4. OBSERVATIONS AND TRACKiN.................................................................................................... 2 5. SUMMARY ... ..... --.............. .................. —................. --- ......................... .........,.........,.....,..............3 EXHIBITS Exhibit 1 - Town of Ave Maria Location Map Exhibit 2 - SSA-6 Location Map Exhibit 3 - SSA-6 Caracara Restoration Area Maps APPENDICES Appendix A - SSA-6 Restoration Plan Appendix B - Ave Maria University and Town Caracara Management Plan Appendix C - Documentary Photographs &'2WW6-17i930 Ver: 04+-SK.ING Case3 Q37$i;-i108-G�3- - 0 Packet Pg. 461 16.A.9.e I ri !II J t I MISOAlmiller, New Directions In Planning. Design & Engineering Ave Maria University and Town Caracara Monitoring Report I 1. INTRODUCTION The Audubon's crested caracara (Caracara cheriway audubonii) is listed as Threatened by both the U. S. Fish and Wildlife Service (FWS) and the Florida Fish and Wildlife Conservation Commission (FWC). During the 2004 listed species survey for the SFWMD- permitted Town of Ave Maria, a pair of caracaras was observed nesting near the DRI boundary of the site. The pair nested on -site the following two seasons. The FWC Special Purpose Permit #WX05444 was issued for the removal of one inactive caracara nest tree on October 7, 2005 in association with the development of the permitted 5,027-acre new Town of Ave Maria project site, located in T48S, R29E, S4-9 and 16-18 and T47S, R29E, S31-33 in Collier County, Florida. Said permit requires that caracara monitoring reports be submitted to FWC by June 30, annually for the first 5 years. The submittal of this report initiates the execution of that condition. Other conditions of the permit require the following: monitoring of the adult pair through the 2005-2006 breeding season and four subsequent seasons, for a total of five years; radio tagging of nestlings if feasible with monitoring of fledglings to gather dispersal data; and restoration and perpetual preservation, monitoring and maintenance of 601 acres of Caracara pasture habitat within Restoration Area SSA 6. 2. BREEDING PAIR HISTORY WilsonMiller ecologists first observed Audubon's crested caracaras during the 2004 listed species survey for the Towne of Ave Maria DRI project boundary. One pair of caracaras nested and bred successfully, rearing two juveniles 150' east of the Ave Maria DRI boundary in spring 2004, then within the DRI boundary, rearing one juvenile during the 2004/2005 breeding season. The same breeding pair nested in a cabbage palm approximately 50 feet north of the previous season's nest location within the DRI boundary during the 2005-2006 season. A previously -issued Incidental Take permit was obtained from FWC-Tallahassee (Permit #WX05444). The incidental take may be exercised when the current breeding season has fully concluded and the nest is considered inactive. The nest has been observed inactive by WilsonMiller ecologist Justin Styer since April 2006, but it remains in place as of June 14, 2006. 3. STATUS OF MITIGATION ACTIVITIES WilsonMiller coordinated with caracara expert Dr. Joan Morrison to devise appropriate mitigation for impacting the crested caracara and its habitat. Barron Collier Investments, Ltd. And Barron Collier Partnership have conveyed and recorded a Stewardship Easement Agreement to the Florida Department of Agriculture for the SSA-6 restoration activities. FWC permit #WX05444 requires that restoration, monitoring and maintenance be implemented in accordance with paragraphs "f' through "i" of the SSA-6 Restoration Plan (see Appendix B). weer OW 171970 VBr. 041-TKING 037e6.00e-OM.. a Packet Pg. 462 16.A.9.e Fj it a 1wilsonmiller New Directions !n Planning, Design & Engineering Ave Maria University and Town = First Annual Caracara Monitoring Report The approved mitigation includes the restoration of 601 acres of perpetually managed caracara habitat within SSA 6, and 5 years of caracara monitoring (see attached FWC permit). The caracara habitat restoration is currently underway. Grasses and other groundcover within SSA-6 have been mowed and maintained less than one foot in height and the burrowing owl mounds have been created as observed by WilsonMiller senior ecologist, Tom Trettis, on April 17, 2006. The release of 10 cabbage per every 100 acres is currently being conducted. An adult caracara has already been observed utilizing the newly restored habitat, as observed by Trettis on April 17, 2006. The permittee will ensure the groundcover within SSA-6 is maintained at the required < 1-ft. stature through cattle grazing and/or mowing activities. WilsonMiller ecologist Justin Styer assisted Dr. Joan Morrison in the capture of the 2004- 2005 juvenile and the 2005/2006 juvenile and one of the breeding adults (adult assumed to be female by weight) for the purposes of leg -banding and fitting of radio transmitters. In addition, blood and feather samples were collected and weight and morphologic features were measured. The radio transmitter harness was removed from the 2005/2006 juvenile because of equipment complications, yet its legs remain banded. The 2004-2005 juvenile and the breeding adult were successfully fitted with radio transmitters. Using radio telemetry equipment, Styer has monitored the Ave Maria caracaras' foraging, roosting and nest -building activities since June 2005, and through visual observation surveys since June 2004. These observations help to gain a better understanding of the caracara home range and dispersal patterns of their offspring. 4. Observations and Tracking Surveys by visual observation began in June 2004 and more routinely began in November 2005. Telemetry tracking was generally conducted on the Ave Maria site and from the public right of way, beginning in June 2005 and continuing to date. Monitoring events have been conducted weekly during nesting season to establish a nesting/hatching chronology and to accurately plan the timing of the capture of the juvenile(s) before yj fledging the nest. Monitoring generally occurs once every two weeks during other times of the year. During monitoring activities, the breeding pair and juvenile(s) have been observed within the mowed pasture adjacent to the nest tree, along the sides of roads, adjacent areas with snags and perch trees, sod fields, agricultural fields following plowing tractors, field worker lunch areas, burn piles, ditch excavation areas, and within water detention areas and ditches, especially as they dry up and concentrate aquatic animals during April, May and early June. The caracaras often gathered food items from off -site citrus groves and water detention areas and brought them back to the mowed pasture to feed on them. Discarded food items observed have consisted of the following: small turtle shells, armadillo shell, armored catfish heads/scutes, rabbit's leg/foot, garfish scales and skin, bird bones, Florida gallinule leg, opossum fur, rat skulls, snake vertebrae, leopard frog skin and mandible, white egret feathers, moth wings and small bird feathers. I 62WOW 171930 Ver 0C TWNG x 1uw owes-ooa-oo3- - 0 Packet Pg. 463 16.A.9.e New Directions In Planning, Design & Engineering Ave Maria University and Town First Annual Caracara Monitoring Report A few months following the fledging of juveniles, the Ave Maria caracaras have often been observed within citrus groves. The juvenile(s) and adults have been dispersing from the Ave Maria site approximately 3 months following fledging of juveniles. Juveniles are tolerated following adults around and begging for food in the period between 3 and 6 months following fledging, and appear to part from the adults during the onset of nest building activities and sooner on other occasions. During local surveys, other adults and juvenile caracaras have been observed on the fringes of the Ave Maria caracaras' home range. Additional surveys will be conducted on the Ave Maria site for the Audubon's crested Caracara individuals and nests prior to future land clearing activities during the nesting season (November 1 through June 1). 5. Summary The conditions of FWC Special Purpose Permit #WX05444 are being successfully carried out at the Ave Maria site and within the SSA-6 restoration area. The official five years of monitoring of the Ave Maria caracaras began November 1, 2005; successful radio - harnessing, banding and tracking of juvenile and adult caracaras has and continues to occur; and the Ave Maria Caracara Management Plan is being executed. The off -site SSA- 6 Caracara Restoration Areas have been mowed to maintain groundcover less than 1-ft. in height, exotics have been removed, the burrowing owl mounds have been created, and the release of 10 cabbage palms per every 100 acres is currently under way. This new caracara habitat has already attracted at least one adult caracara that has been observed r on multiple occasions (if it is the same individual). The permittee will ensure that the u groundcover is maintained at low stature through cattle grazing and/or mowing activities. Overall, Dr. Morrison and FWC have concluded that there will be a net benefit for caracara conservation in eastern Collier County as a result of the 5 years of monitoring, radio - tagging of juveniles and adults, and 601 acres of SSA-6 caracara habitat restoration. 0 0 W9200E 171930 Ver 041- M14G El03796-008-003• . 0 Packet Pg. 464 16.A.9.e I [ Ave Maria University and Town Caracara Monitoring Report 3 11 I i I � I IL 0 P J Wils6nMiller* 7 New Directions In Planning. Design $ Engineering Exhibit 1 - Town of Ave Maria Location Map V26200&17,MI Ve 041-TIMG CA"3 037860064M- - 0 Packet Pg. 465 Packet Pg. 466 16.A.9.e irilson,miller" Ave Maria University and Town New Directions In Planning, Design &Engineering Caracara Monitoring Report I G 0 0 11 I r r L Exhibit 2 - SSA-6 Location Map EiEB/AW 171630 Yer 041• TKING t CAN-3 03786-008-003. • 0 Packet Pg. 467 Legend © $iA W1-WPARv &41 P4X,NDNtV ® Px%-HERccwm18Arri-mo GgjCAgA CrWEN ATKO4 L" JUNE 2006 Pn a od" J.�whwQl'�A�erAOrm�n VfP'4K'taC17EB_Ai1J=?* - Dphan;M7- SSA-6 LOCATION MAP �y miles 0 3 B rz Packet Pg. 468 16.A.9.e :l Ave Maria University and Town Caracara Monitoring Report I I WIWISOnmillere New Direclions in Planning, Design & Engineering Exhibit 3 - SSA-6 Caracara Restoration Area Maps 62V416" 171930 V.' "I-iKI. �� CAW 0378frg00.003• - 0 Packet Pg. 469 N a 16.A.9.e WmOnmiller' Ave Maria University and Town New Directions In Planning, Design & Engineering First Annual Caracara Monitoring Report I -11 0 Appendix A - SSA-6 Restoration Plan D 0 C W&Zmrl171SW verUl-TKING 1W-Oa - - o C I Packet Pg. 472 16.A.9.e Wlls6nmiller' Ave Maria University and Town New Dimfions In Planning, Design d Engineering First Annual Caracara Moniloring Report SSA-6 RESTORATION PLAN The purpose of this Restoration Plan is to identify the restoration goals, describe the work to be performed, identify the party responsible for performing the work, propose a work schedule, describe success criteria, and describe the level of annual management, maintenance and monitoring in Restoration Areas A, B, and C of BCl/BCP SSA 6. a. Restoration Area A is approximately 575.0 acres in size and is within the Camp Keais Strand FSA and a contiguous HSA as delineated on the RLSA Overlay Map, an exhibit to the GMP RLSA District Overlay. The restoration improvements will increase the width of the flow way, functionally enhance the flow way's natural hydrologic regime, and control exotic vegetation to improve ecological functions. b. The hydrologic improvements restoration will consist of removing berms to the natural grade of adjacent lands within Restoration Area A (parcel A-1 of SSA 6 Credit Agreement Exhibit E) and design and installation of new culverts under two roadways bisecting the flow -way within Restoration Area A to re-establish the natural flow regime. Grantor will design the culvert system, including the number, location, size and elevation of the culverts. Big Cypress Basin shall determine if the Design is adequate. Once the Design is determined to be adequate, Grantor shall cause the restoration improvements to be made. The restoration improvements shall be completed within one (1) year of the approval of SSA 6. C. County staff will confirm that the berms have been removed and installation of culverts is consistent with the Design. Upon said confirmation by County Staff, success criteria shall be deemed to have been met, and the additional stewardship �j credits from Restoration Area A shall be available for transfer or utilization by Grantor. d. The land management measures for Area A shall be to annually inspect and clean the culverts as necessary to ensure performance of the culverts as per the Design. e. The ecological improvements to Restoration Area A shall consist of controlling exotic vegetation to levels less than 5% area coverage. Brazilian pepper within 100 feet of road and/or agricultural field edges will be killed and removed. Brazilian pepper more than 100 feet from a road and/or field edge will be killed in place. Within Restoration Area A Parcels A-1 and A-5 (depicted in SSA 6 Credit Agreement Exhibit E), exotic and nuisance species will be controlled to less than (�] 5% area coverage and native vegetation will be established to a minimum of 80% �J area coverage. f. Restoration Area B is approximately 619.2 acres in size and is within the Camp Keais Strand FSA and a contiguous HSA. The restoration improvements will restore and manage the lands within Restoration Area B for specific listed species, namely caracara, Sandhill Cranes, burrowing Owls, and panthers. 6rA 2006- 171830 Ver 04t• MING GJ43 03706-008-00.3- - 0 Packet Pg. 473 16.A.9.e Wils&Mifier' Ave Maria University and Town New DirecoonsinPlanning, Design & Engineering First Annual Caracara Monitoring Repor Qg. The restoration improvements for Area B will consist of maintaining the area for short stature vegetation (12" or less), transplanting cabbage palms (15' minimum height) at a density of 10 trees per 100 acres, performing controlled burns for deer browse within 300' of forested edges of Restoration Area B once every three years, and creating habitat for burrowing owls as follows. Approximate one -quarter acre mounds at a density of one mound for each 100 acres, shall be created and seeded with bahia grass. The peak of the mounds shall be a minimum of 2' above the seasonal high water elevation. The restoration improvements shall be completed within one (1) year of the approval of SSA 6. f ti ! h. Within one year after the installation of restoration Area B improvements, County staff will confirm that the habitat for burrowing owls has been completed, that 90% of the transplanted palms have survived, and that the first controlled burns have been performed. Upon said confirmation, success criteria shall be deemed to have been met, and the additional Stewardship Credits from Restoration Area B shall be available for transfer or utilization by Grantor. i. The land management measures for Area B shall be to maintain a minimum of 5 cabbage palms per 100 acres and to maintain ground cover at 12' or less through mowing as needed and grazing of cattle. Controlled burns will be performed once every three (3) years within 300 feet of forested edges. Restoration Area C is approximately 24.8 acres and is totally within a HSA that is �1 !! contiguous to the Camp Keais Strand FSA. The restoration improvements will restore degraded wetlands and manage the lands within Restoration Area C for n listed species wading birds, including wood storks and egrets and herons, listed by the State of Florida. k. The restoration improvements for Area C will consist of clearing exotic -infested wetlands, contouring the land, and planting with native species in order to create marshes and wet prairies. The list of allowed vegetation and standard cross- section of contouring are attached as Attachments "1" and "2", respectively, which also address the spacing and density issues. The restoration improvements shall be completed within two (2) years of the approval of SSA 6. r} L No sooner than two (2) years after completion of the Area C restoration improvements, County staff shall verity the restored wetland hydroperiod, confirm that the site has wildlife utilization, and that there is 80% coverage by native species. Upon said verification and confirmation, success criteria shall be deemed to have been met, and the additional Stewardship Credits from Restoration Area C shall be available for transfer or utilization by Grantor. M. The land management measure for Area C shall be the control of exotics and nuisance species, so that there is no more than 5% exotics or 10% nuisance 0 species by area coverage in Restoration Area C 6OV2006- 1719M vet 041. TKING ll 7e6009-000•�0 CAWI' Packet Pg. 474 16.A.9.e Wilsonmiller' Ave Maria University and Town New Directions In Planning, Design & Engineering First Annual Caracara Monitoring Repor n. The estimated annual costs of the land management measures for Restoration Areas A, B, and C is $15,000. Grantor shall procure, at its election, either a bond or letter of credit ("Surety") on an annual basis in favor of the Grantees in an amount equal to 120% of the annual costs of the land management measures. This obligation shall start 30 days after Grantor has received notice from the County that the additional Stewardship Credits from restoration improvements for Restoration �j Area B are available and the obligation shall end 10 years after the start date, or at h such date as a governmental entity or established conservation organization undertakes the land management measures. o, In the event Grantor fails to maintain any of the Restoration Areas according to the land management measures set forth herein, County shall have the right to draw j� upon the Surety only after 60 days written notice to Grantor with a right to cure. L� The County shall only be permitted to use the drawn Surety funds for the maintenance of the Restoration Areas in accordance with the land management measures set forth herein. P. Any failure to fulfill obligations or commitments under this Restoration Program shall be a breach of the Stewardship Easement Agreement. q_ In the event the Grantor does not provide adequate financial assurance of performance on an annual basis, the County may pursue its rights against the Grantor under the Stewardship Easement for breach thereof. r. In the event that the Grantor fails to maintain the Restoration Areas pursuant to the land management measures set forth herein, the Grantees, or either of them, may after written notice to the Grantor perform such land management measures and then lien the Restoration Areas for the cost of their maintaining the Restoration f-� Areas pursuant to the land management measures set forth herein, and if U necessary then foreclose on such lien which may attach to the Restoration Areas. 0 0 r00786.00e-003--0 jl Packet Pg. 475 16.A.9.e li�i11r Ave Maria University and Town New DiredionsinPbnning,Design &Engineering g First Annual Caracara Monitoring Report d 11 a I 11 I aAppendix B • Ave Maria University and Town Caracara Management Plan I I I I &2W2o0" I?I O Vw- 001- MING `37064Doo Sa os- - 0 Packet Pg. 476 J 16.A.9.e wilsonmillef (► Ave Maria University and Town A1ew Directions /n Planning, Design & Engineenng i I First Annual Caracara Monitoring Report Ave Maria University and Town AUDUBON'S CRESTED CARACARA MANAGEMENT PLAN The first phase of construction does not occur within the 300-meter primary zone and/or the 1000-meter secondary zone surrounding the 2005 nest tree. Therefore, there are no construction restrictions regarding caracara within the footprint of the first phase of construction. Proposed turn lanes off of Camp Keais Road into the project will be constructed after the 2004-2005 nesting season has concluded. Initial construction traffic entering and/or exiting via the Camp Keais Road entrance is limited to 225 vehicles per day. This volume is the result of current traffic monitoring and Dr. Joan Morrison has concurred that this level is acceptable. Construction traffic entering the site may not sit idling on portions of the entrance road located within the 300-meter primary zone. A sign will be posted at the boundary of the primary zone that prohibits idling ss east of that point. Should a traffic line extend to that point, vehicles will be temporarily I~ moved forward to an existing staging area 500 feet west of the primary zone. The check -in point can also be moved westward along the existing farm road if this situation re -occurs. During construction periods, a daily roadkill survey will be performed within the 1000-meter secondary zone along the entrance road and Camp Keais Road. All roadkill within this zone must be removed to a distance at least 25 feet off the road shoulder. A biologist will be observing the caracara at the nest tree site, and if the birds become agitated by construction traffic the Camp Keais Road entrance will be closed, or the traffic volume reduced to eliminate the disturbance. The caracara habitat management plan for the first phase of construction consists of the �.; restrictions detailed above, plus maintenance of the remaining pasture area via grazing and/or mowing. The pasture will be managed until such time as the nest tree is subject to an Incidental Take, which will occur in a future phase of construction. Monitoring of the adult pair every 2-3 weeks will resume in September 2005 and continue through the 2005- I t 2006 nesting season, or until the Incidental Take of the nest tree is authorized. Future Phases: Mitigation for impacts to caracara habitat will be performed according to the US Fish and Wildlife Service (USFWS) Biological Opinion for Ave Maria (see FWS Biological Opinion for details). The Biological Opinion prescribes habitat replacement for the pasture habitat that will be impacted by future construction phases. Accordingly, 601± acres of created/restored caracara habitat will be provided in Stewardship Sending Areas 3, 4, and/or 6, or equivalent compensation approved by USFWS. The Biological Opinion authorizes an Incidental Take of the nest tree and pasture habitat in exchange for this mitigation. Once the Incidental Take is exercised, there will be no caracara restrictions on construction in the entire project. a WeCZ006. 171930 Ver 041• TKtNG CN43 03796-006.003- - 0 Packet Pg. 477 16.A.9.e Wilsonmiller' Ave Maria University and Town New Directions In Planning, Design & Engineering First Annual Caracara Monitoring Repor Contact Information Biologist Contact: Justin Styer WilsonMiller, Inc. 4571 Colonial Boulevard Fort Myers, FL 33912 (239) 939-1020 (office) (239) 850-2417 (mobile) Landowner Contact: Tom Jones Barron Collier Company 1320 North 15t' Street Immokalee, FL 34142 (239) 658-6060 (office) QWZD06- 171930 Yu' Oil- TK1NG C-A4 03786-008-003•-0 Packet Pg. 478 16.A.9.e Irlisdaffifier, Ave Maria University and Town New Directions in Planning, Design & Engineering UFirst Annual Caracara Monitoring Report 0 Ill Appendix C - Documentary Photographs I Ir 0 B [I j&z WNo 174"0 Ver•041-TKIMQ rAW iJ 03786.00a-oar- - o Packet Pg. 479 Ave Maria University and Town First Annual Caracara Monitoring Report 16.A.9.e W Date: June 11, 2005 Description: Caracara breeding pair on snag near nest tree at Towne of Ave Maria site. Date: June 11, 2005 Description: Dr. Joan Morrison and captive adult Caracara from the Miami Bird Rehabilitation Center- used to bait the net in the capture of the Ave Maria breeding adult caracara. �- 6'2872006 172354 Ver, 01 TKING 03786008-003- • 0 i_ Packet Pg. 480 fl 7 0 a 0 0 0 0 0 0 Ave Maria University and Towne First Annual Caracara Monitoring Report Date: March 2006 Description: Virginia Technical Institute graduate student, James Dwyer, fitting a radio transmitter harness to an Ave Maria 2006 juvenile caracara with assistance from WilsonMiller project ecologist, Justin Styer. i I Ak LO. W9--- LV a 16.A.9.e 2 Date: March 2006 Description: WilsonMiller project ecologist, Justin Styer, tracking Ave Maria juvenile and adult caracaras with telemetry equipment. I 6126"2006.172354 Ver011-TKNzi CA-43 03786-W8.003- - 0 Packet Pg. 481 •c ,. � Sa _ r. ir.4Fr rhi.�f r 'I u 4.. 7,7- s i • a. � r `• ',.._{° ,�'- f � _ -a.f Z,?.. —•a ,ice � r .. J F TSB ,'i _ _ r � '_„ j\. , [ :f-� ^[�-t� .1��y/ ., n }•�. .. '<if •fir , $'� rs a,� ~ � `i��.� ���~ ^`�� � `\�'� • r '!w i��i'°' -, a � 1� a liS' � ♦1 �Y{'/+� r`! f. ` �,y [Gf1a r t+, Ave Maria University and Towne First Annual Caracara Monitoring Report 16.A.9.e I I Date: April 17, 2006 Description: Burrowing owl mound created in SSA-6 mowed pasture. 612812006. 172354 Ver 01!. TK!NG CA.43 03786-008.003- - 0 Packet Pg. 484 (s}ipaao uoi;eao;sab - 9 eeiV 6uipueS diyspiema;S LUVO sawn;aid pue dew 9 `dSS :}uauayae}}d LO 00 a 1� m g.. a � ax :r Q 0 �M,.-_ Cd Q a o 16.A.9.f Location A Above: Caracara Restoration; Below: Burrowing Owl Mound Packet Pg. 486 16.A.9.f mi".isn Location B z? + Above: Caracara Restoration Area Packet Pg. 487 16.A.9.f Location C qp- Above: Caracara Restoration Area Packet Pg. 488 16.A.9.f I Location D Above: Caracara Restoration Area w ti CM 00 L 'a c m a m 2 cc a Cn CO E a Packet Pg. 489 `` ,f�-j• J��`- •r,•� PA -''`ti' Fyn_. if 'Two :•� �7 •• '� '1. . 16.A.9.f Location G Above: Caracara Restoration Area Packet Pg. 492 16.A.9.f Location H Above: Caracara Restoration Area to a Packet Pg. 493 16.A.9.f Location I Above: Burrowing Owl Mound to 1— CV) 00 N L :i i Q C� G to Q U) cd G L :i a Packet Pg. 494 16.A.9.f Location J Above: Caracara Restoration Area w ti CM 00 L 'a c m a m 2 cc a Cn CO E a Packet Pg. 495 16.A.9.f Location K Above: Burrowing Owl Mound W ti CM 00 L 'a c m a m 2 cc a Cn Co E a Packet Pg. 496