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RC Woodpecker Safe Harbor Program Safe Harbor Management Agreement for Florida's Statewide Red-cockaded Woodpecker Safe Harbor Program I. Introduction This Safe IIarbor Management Agreement (SHMA), effective and binding on the date of last signature below, is between the Florida Fish and Wildlife Conservation Commission ("Commission") and the participating Property Owner, Collier County on behalfofthe Conservation Collier Program (Property Owner) (herein referred to as the Parties). This SHMA is subject to all terms and conditions in the Florida Statewide RCW Safe Harbor Agreement (FL RCW SHA) between the United States Fish and Wildlife Service ("Service') and the Commission and the Enhancement of Survival Permit ("Permi!") both of which are incorporated herein and made a part of this SHMA by reference. Agreement/Tracking Number: (JD 3 (the Commission shall provide a tracking number for each SHMA it enters into) Agreement Duration: The duration of this SHMA is for 97 years. This time period is believed sufficient to allow a determination that the net conservation benetit(s) specified in the SHMA will be met. This SHMA covers the following property: The real property covered by this SHMA ("Enrolled property") is described in Attachment A of this document and delineated in Attachment B to this SHMA. This Agreement covers the following species: The Red-cockaded woodpecker (Picoides borealis) ("RCW"), a federally endangered species, is the only species for which incidental take authority is sought. This species is considered the "covered species" as defined in the Service's Safe Harbor Policy (published at 64 FR 32717) (herein referred to as the "Policy"). II. Purpose The purpose of this SHMA is for the Parties to collaborate in order to implement management activities for the RCW on the Enrolled property that will provide a net conservation benefit to the RCW in the State of Florida. Under this SHMA, the Property Owner agrees to undertake the activities and procedures described herein on the Enrolled property for the benefit of the RCW. In accordance with the FL RCW SIIA and the associated Pemlit, the Property Owner is authorized to carry out lawful activity on the Enrolled property that may result in the incidental take' ofRCW(s) or RCW habitat that is above the Property Owner's baseline responsibilities. I An incidental take is the .'take" orany tederall)' listed \vildJifC species that is incidental 10. but not the purpose o( othcr\visc lawful <.H.:liv'itics (sce ddinition of "take" on page 13) [ESA section 10(a)(1 )(B)]. For example, deliberately shooting or wounding a listed species \vould not be considered an incidental take. Conversely. the destruction of endangered species habitat for development generally \vould be construed as inCidental and would be authorl/ed by an Incidental Take Permit. For more information on incidental take see Section IV.C., below. III. Net Conservation Benefits The Property Owner's voluntary management activities will provide one or more ofthe following expected conservation benefits to RCW s: I. Maintain occupied nesting and foraging habitat at current levels and help maintain population stability. 2. Increase existing populations through the installation of artificial nesting and roosting cavities. 3. Create new groups and populations through natural population expansion and translocation efforts. 4. Augment populations through translocation of surplus subadults to acceptable sites. 5. Enhanee, restore, and/or create suitable habitat on enrolled properties. 6. Deerease pine forest fragmentation and inerease habitat connectivity as a result of habitat enhancement, restoration, and ereation efforts. The above speeific net conservation benefit( s) will be provided to the RCW by the management activities of the Property Owner, as set forth in the Evaluation Form (Attachment A). The expiration date of the signed SHMA and Certificate of Inclusion ('"Certificate") will be no later than the expiration date of the Permit, which is 12/31/2105. A Property Owner will have the option to sign up for shorter periods of time as long as a net conservation benefit ean be established during their requested SHMA duration. IV. SHMA Implementation A. Conservation Strategy On one or more mutually agreeable areas, the Property Owner agrees to enhanee habitat for RCWs by allowing or providing for one or more of the following management activities: I . Prescribed burning. 2. Implement forest management practices that enhance habitat for existing baseline groups or provide habitat for additional groups of RCWs (thinning, longer rotations, regeneration that favors native pine species). 3. Providing hardwood midstory control 4. Install artificial cavities in baseline and/or recmitment clusters. 5. Population management. The above conservation strategy will be provided to the RCW by the management aetivities of the Property Owner, as set forth in the Evaluation Fornl (Attachment Al 2 The Property Owner has described the nature, extent, timing, and other pertinent details of the management activities that the Property O\vncr will voluntarily undertake to provIde a net conservation benefit, including a schedule for implementation. The Property Owner has deSCribed how the management activities will benefit the RCW. - 2- B. Baseline Considerations Baseline Conditions The baseline conditions that will be maintained on the Enrolled property are described in the Evaluation Form (Attachment A). The baseline will also inelude a description of the required foraging habitat (total basal area and acres) for each group or active cluster. Appropriate maps depicting foraging partitions for each baseline cluster will also be included. Using the proper surveys, described below, the Property Owner may differentiate the number of active clusters into potential breeding groups and solitary bird (typically male) groups. Determining Baseline Conditions The first step in determining the baseline conditions is to determine if suitable RCW habitat exists or if a known RCW group exists within one-half-mile of the property (at the discretion of the Commission, Property Owner knowledge may be the basis for determining the distance to known sites on neighboring properties). Suitable habitat consists of pine or pine-hardwood (50 percent or more pine) stands 30 years of age or older (USFWS 2003). If this type of habitat is not present, and there are no RCW groups within one-half-mile of the property, further assessment is not necessary, and the Property Owner's baseline will be zero. If a RCW group exists within one-half-mile of the Property Owner's property and the Property Owner has the responsibility of maintaining a portion of the habitat for the RCW cluster, as required by the ESA, that portion of habitat will be incorporated into the Property Owncr's baseline, If suitable habitat is present, the Property Owner will determine if RCW groups exist. To determine ifRCW groups exist, the Property Owner will conduct surveys for eavity trees in stands that contain suitable nesting habitat. Red-cockaded woodpeckers select and require old- growth pines for cavity excavation. Age of eavity trees depends on the ages of pines available, but there is a minimum age, generally 60 to SO years, depending on tree and site factors (USFWS 2003). Old-growth pines are relatively rare throughout the south and remnants (both single trees and stands) within today's forests are critically important habitat (USFWS 2(03). Property Owner properties that must be surveyed ]()r RCW cavity trees include: I. Pine and pine-hardwood stands over 60 years of age. 2. Pine and pine-hardwood stands under 60 years of age containing scattered or clumped old-growth (ovcr 60 years of age) pine trees. 3. Hardwood-pine over 60 years of age adjacent to pine and pine-hardwood stands over 30 years of age. 4. Pine stands containing sawtimber, including stands thought to be generally less than 60 years of age but containing scattered or clumped trees over 60 years of age. - 3 - L RCW Surveys Unless all Parties have previously agreed upon the Property Owner's baseline" a baseline survey will be conducted by the Property Owner within one (I) year prior to the SHMA to inventory all existing b'TOUPS to establish baseline responsibilities. Surveys for RCW s will follow the protocol described below. The survey will only include RCWs, unless the Property Owner specifically requests other species to be surveyed. Accurate surveys are essential for determining baseline conditions. To limit undetected cavity trees and misjudged activity status, qualified personnel should be used to conduct baseline surveys. Baseline numbers are subject to approval by the Commission and the Serviee. The Property Owner is responsible for any costs associated with surveys (baseline or supplemental). The results of the surveys done shall be the property of the Property Owner and shall be used only at the Property Owner's discretion. However, no SHMA will be signed until the baseline survey is reviewed and approved by the Commission. Supplemental surveys as specified in Section IV.C that are required prior to activities that may result in incidental take must be submitted to the Commission at least 60 days prior to commeneing such activities. The Property Owners shall identify how the baseline was determined, when and how the baseline surveys were conducted, or if the baseline was established based on already-known information or other factors. Potential nesting habitat (pines greater than or equal to 60 years old) is surveyed by running line transects through stands and visually inspecting all medium -sized and large pines for evidence of eavity excavation by RCWs. Transects must be spaced so that all trees are inspected. Necessary spacing will vary with habitat structure and season from a maximum of 100 yards between transeets in very open pine stands to 50 yards or less in areas with dense midstory. Transects are run north-south, because many cavity entrances are oriented in a westerly direction (USFWS 20(3). When cavity trees are found, their location is recorded in the field using a Global Positioning System unit, aerial photograph, and/or field map. Activity status, cavity stage (start, advanced start, or complete cavity), and any entrance enlargement are assessed and recorded at this time. If cavity trees are found, more intense surveying within 1500 feet of each cavity tree is conducted to locate all cavity trees in the area. Cavity trees are later assigned into clusters based on observations ofRCWs as described below. Property Owners that wish to differentiate the number of active clusters in their baseline into the number of potential breeding groups and the number of solitary male groups will be required to eomplete b'TOUP checks as deseribed in the Recovery Plan (USFWS 2(03). To perform group checks, trained and qualified personnel must track or "follow" each group for a half an hour to an 3 Property Owners that agree to implement management activities to enhance RCW populations or territories on theIr property prior to the availability of this SHMA may establish a baseline with the approval of the Commission and the Service. The Property Owner must receive concurrence With the baseline assessment from the Commission and the ServIce. HO\vcvcr, concurrence \vith the baseline assessment in no way guarantees partiCIpation or acceptance in the Agreement -4 - hour, immediately after the birds exit their cavities in the morning, to determine group size. Group size is determined by observation orbird behavior and groups are classified as: a) two or more birds, b) a solitary bird, or c) no birds. Groups of two or more birds that remain together and peacefully interact are assumed to represent potential hrceding groups. The Commission and the Service will ensure that Property Owners accurately classify RCW groups. Groups roosting extra-territorially in clusters occupied by one or more residents, captured clusters, and territorial conflicts can confuse the observer and result in erroneous group classification. If any doubt as to group membership exists, the Commission will require the "follow" (described above) to be repeated and/or the "follow" time to be increased until all doubt as to the group membership is removed. Two observers may be necessary if two clusters are located very close together or if cavity trees within a cluster are spread over a large area. Group checks are valid only if implemented during the breeding season. Groups of two or more birds at other times of the year mayor may not represent potential breeding groups. The group check method is labor intensive (one group per observer per day at best) and eomplete population censuses are possible only in small populations or with multiple observers. Property Owners unwilling or unable to perform group checks will assume each active cluster is oceupied by a potential breeding group for their baseline responsibility. 2. Baseline Responsibilities The baseline responsibilities of the Property Owner are to provide all the overstory necessary to maintain the cavity trees and the foraging area for all RCW groups discovered by a baseline survey of the Enrolled Property4 Baseline responsibilities may include providing foraging areas for known b'TOUPS on neighboring lands as described below in Section IV(F). If no groups are discovered during the baseline survey and there are no known groups on neighboring lands, there are no baseline responsibilities. Specifically, the Property Owner's baseline responsibilities as derived from the Service's guidelines for managed stability set forth in Appendix 5 ofthe RCW Recovery Plan, 2ed RevisionS (USFWS 2003), are to: I. Mark all trees containing complete and incomplete cavities (i.e. eavity trees) in baseline clusters and take reasonable" preeautions when conducting silvicultural, prescribed burning', 4 The Property Owner will provide a complete description of the agreed upon baseline inventory. This description will include; when and how the baseline surveys \vcrc conducted, maps of the survey area, and location, cavity stage and activity status of all RCW cavity trees, if applicable. 5 The Commission and the Service will not require the Property O\vllcr to abide by morc stnct habitat requirements for baseline groups of RCWs should the Service revise the guidelines for managing RCWs on private lands. Should the habitat requirements be reduced, this agreement will be modified to reflect the new guidelines. 6 Reasonable precautions \vould include, but are not limited to, directionullelling av,'ay from cavity trees, logging during dry conditions to minimize soil compaction, careful log removal to avoid scraping or othcnvise damaging residual trees, careful prescribed burning to minimize the risk of igniting cavity trees, avoidance of skidding near cavity trees, and avoidance of fire line plowing near cavity trees. 7 Precautions should be taken to minimIze the risk of ignIting cavity trees ---examples include raking litter away from the base of cavity trees (10-20 feet depending on fuel load), wetting cavity trees or limiting burning to high moisture conditions. - 5 - or other activities within baseline clusters to protect cavity trees that are part of the baseline from injury or timber harvest. Any active cavities damaged by prescribed fire will be immediately replaced within the cluster boundaries by installing two artificial cavities (inserts or drillcd). The Commission and the Service must rcview on a case-by-case basis the removal of any active or inactive cavity tree. In the event that the location of any active cavity tree(s) changes over time such that one or more cavity tree(s) becomes established within a construction area, the Property Owner may be allowed to remove those cavity trees outside of the nesting season (August-March). For each active cavity tree removed in the eonstruction area, a minimum of two artifieial cavities (drilled or inserts) must be installed elsewhere on the lot (at least 200 feet from the building sitc) four months prior to initiation of construction. 2. Manage each cluster as a timber stand comprising at least ten contiguous acres, if currently present on the Property Owner's land, with the purpose of retaining potential cavity trees (pines greater than 60 years of age). If ten contiguous aeres are not currently present on the Property Owner's land, the Property Owner will retain all of the potential cavity trees within the cluster. 3. Maintain cluster boundaries of at least 200 feet from cavity trees. 4. Provide at least 50 feet' of basal area per acre in pine trees 2' 10 inches in diameter at breast height (DBH) in active baseline clusters if the trees are currently present on the Property Owner's land or when they become available. On property where south Florida slash pine is the predominant pine spccies, basal area requirements are for pine trees 2'8 inches DBH. Small areas of regenerating trees that exceed 70 feet' of basal area per acre may be retained within a cluster provided RCW cavity tree entrances are not obstructed by the regenerating trees. 5. Maintain the midstory vegetation within RCW clusters in an "'open" condition by prescribed burning, precommercial thinning, or other means by ensuring that 1) no hardwood midstory exists or if a hardwood midstory is present it is sparse and less than 2. I m (7 feet.) in height and 2) canopy hardwoods are less than 10 percent of the number of canopy trees. 6. Provide at least 3000 feee of basal area in pine trees (including the trees in the cluster) 2'10 inches DBH (2'8 inches DI3H in S. Florida slash pine) for foraging habitat on a minimum of 75 acres', ifthe trees are currently present on the Property Owner's land. If 3000 feet2 of basal area of pine trees 2' I 0 inches DBH is not available for foraging habitat (2:8 inches DBH in S. Florida slash pine), the Property Owner will maintain the existing pines inside the foraging area and provide the 3000 leet' of basal area of pine trces 2'10 inches DBH as soon as possible. 7. Conduct timber harvesting within the aetive baseline clustcrs only between August I and March 31, or as otherwise approved by the Commission. If there is a need to harvest timber within an active cluster outside this window of time, the Property Owner should notify the Commission 60 days in advance of the desired starting harvcst date. The Commission will determine the stage of nesting aetivity within the cluster and advise the Property Owner of appropriate precautions. Timber harvesting cannot be permitted during nest initiation, while the female is in the process of laying eggs, while the nesting cavity contains viable eggs or young, or until the Iledglings are capable of sustained flight. Possible exceptions to this are 8 Foraging habitat for each RCW group must be contiguolls to the cluster stand with no gaps bct\vccn stands exceeding 200 feet. -(1- emergency harvest as described in Section IV.E., below, due to insect infestations, natural disasters, or other disasters. 8. Cannot construct any new roads and/or utility right of ways within active baseline clusters. 9. Provide reasonable protection for RCW groups from human activities that could incidentally cause injury or death in active baseline clusters. 10. Provide the Commission and the Service the opportunity to review proposed timber sales at least 60 days in advance of the desired starting harvest date to ensure that the baseline responsibilities discussed above in this section will be met. As part of the review, documentation of before and after harvest foraging availability for each RCW baseline group will be provided by the Property Owner to the Commission. 3. Baseline Responsibility for Foraging Habitat for Clusters on Neighboring Lands Where a RCW group exists within one-half-mile of the Enrolled property and the Property Owner has the responsibility for maintaining a portion of the foraging habitat for that RCW cluster, as required by the RCW Recovery Plan, 2,d Revision, that portion ofthe foraging habitat will be incorporated into the Property Owner's baseline. The map, which is Attaehment C to this SHMA, shall identify known non-Enrolled property RCW groups for which the Property Owner agrees to provide habitat as part ofthe Property Owner's baseline responsibilities, The Evaluation Form (Attachment A) of this document sets forth the Property Owner's responsibilities with respeet to providing foraging habitat fl)r sueb non-Enrolled property groups. 4. Baseline Adjustment a. Loss of Baseline Groups In spite of management and protection efforts, there may be circumstances, through no fault of the Property Owner, where groups that gave rise to the Property Owner's baseline responsibilities cease to exist on the Enrolled property. If RCW baseline groups cease to exist on the Enrolled property, the Enrolled property Owner will not be held accountable for the loss of the RCW baseline groups provided the following have occurred: I. The RCW groups have remained absent from the Enrolled property for a minimum of five years; 2. The RCW cluster remains inactive for a minimum of five years; and 3. The loss of the RCW baseline group occurred through no fault ofthe Property Owner and in spite of total compliance with the SHMA. A Property Owner's RCW baseline can be reduced for each RCW group that meets all of the three criteria listed above. The Property Owner must request a baseline reduction from the Commission in writing. The Property Owner must allow the Commission and/or the Service access to the Enrolled property to conduct an investigation, if the Commission and/or the Service so choose. lfthe Commission and/or the Service determine the group is eligible for removal from the baseline, the Commission will modify the SHMA and Certificate to reflect the change in baseline responsibilities. The Enrolled property will not obtain a reduction in baseline if a RCW group moves to a new eluster on the same Enrolled property. The Enrolled property ean - 7 - get a reduction if a cluster moves onto neighboring property as long as the criteria above are followed. A Property Owner may be required, however, to provide foraging habitat if the owner on the neighboring property is unable or unwilling to do so. b. Shifting Baseline RCW baseline responsibilities will be associated with specific active clusters in existence at the time the Property Owner enters into the SHMA. Property Owners may, with the Commission's consent, shift their baseline responsibilities to a new active cluster that has formed on their property subsequent to the signing of the SHMA. When a new active cluster is fonned on an Enrolled property, it may replace any other cluster harboring a group of similar or lesser demographic status (i.e., potential breeding pair can replace solitary bird or same sex groups) that was within the Property Owner's original RCW baseline responsibility as long as the following conditions are met: I. The Property Owner is in total compliance with the SHMA. 2. The Property Owner has maintained his/her baseline as speeified in the SHMA. 3. The Property Owner has replaced: a. A baseline potential breeding group with another potential breeding group, or b. A baseline solitary bird group is replaced with either a potential breeding group or another solitary bird group of the same sex. 4. The Property Owner has replaced a baseline potential breeding group with an above-baseline potential breeding group 9 that has been in existence for at least six months, including a breeding season (April to July), prior to the replacement. 5. The Property Owner has replaced baseline clusters with above-baseline clusters and will provide suitable nesting and foraging habitat as defined in the guidelines for managed stability set f011h in Appendix 5 of the RCW Recovery Plan, 2nd Revision (found in this document in Sections IV.B.l. Baseline Responsibilities and IV.B.5. Management Activities). If other groups are present within the Enrolled property, replaeed groups are located so that they can physically contact the other groups that are present on the Enrolled propel1y. 6. The Property Owner has replaced solitary bird groups prior to replacing potential breeding groups when possible. 7. The Property Owner will be required to maintain the entire foraging and nesting habitat needed for the new group. The Commission must concur in writing prior to a Property Owner's shifting his or her RCW baseline requirements from one group to another. The Commission's approval is required because of those cireumstances in which maintenance of the original cluster is necessary in order to maintain eontiguity of habitat, dispersal habitat, or other desirable features ofthe landscape or population. Where possible, flexibility will be used by the Commission with concurrence from the Service. Upon the Commission's concurrence to transfer RCW baseline responsibilities. sutlicient documentation (i.e. maps reflecting change) of the shift in baseline will be placed in the Enrolled property's lile with the Commission. 91fthc baseline is defined as the number of active clusters, supplemental monitoring will be required to establish group compOSition. - 8- 5. Management Activities for Baseline RCW Groups The Property Owner agrees to undertake activities to maintain and enhance the habitat (foraging and nesting habitat) of all active basclinc groups indicated on the map labeled Attachment Band described in the Evaluation Form (Attachment A). I. Manage active baseline clusters as follows: a. Overstory stoeking in a cluster will be maintained between 50 and 80 feet' of pine basal area per acre (::> I 0 inches DBH; ::>8 inches DBH in S. Florida slash pine) if the trees arc currently present or when they become available. Small areas of regeneration may occur within a cluster provided cavity entrances are not obstmcted, b. Hardwood basal area in a cluster will be maintained below JO feet' of basal area per aere. All hardwoods within 50 feet of eavity trees will be removed. c. Maintain a minimum average spaeing of 25 feet between trees within the cluster, exeept where closer spacing already exists. d. No hardwood midstory or if a hardwood mid story is present, it is sparse and less than 7 feet in height 1 0 2. Maintain at least the minimum foraging habitat of 3000 feet' of basal area in pine trees that are at least 30 years old with a DBH::> 10 inches (::>8 inehes DBH in S. Florida slash pine) on a minimum of75 acres for each active baseline cluster as follows: a. Overstory stocking for foraging habitat will be maintained between 40 feet' and 80 feet' of basal area per aere. Stands managed on an uneven-aged basis may have patches of regeneration or residual stands of older trees higher than 80 feet' of basal area per acre b. Average pine basal area ofpmes < 10 inches (<8 inches in S. Florida slash pine) will be maintained bclow 20 feet' per aere. c. Total stand basal area, including overstory hardwoods, will not exceed 80 feet' per acre. d. No hardwood midstory or if a hardwood midstory is present, it is sparse and less than 7 feet in height. 3. Allow the Commission and/orthe Service, ifit so chooses, to translocate surplus subadult RCWs off the Enrolled property to augment other populations if such removal of subadults will not affect the Property Owner's baseline responsibilities. C. Incidental Take of Above-baseline Groups and/or Foraging and Nesting Habitat The participating Property Owner under a SHMA and Certificate will be allowed to develop, harvest trees upon, or make any other lawful use of his/her property, even if such use results in the incidental take ofRCWs or RCW habitat provided all of the following qualifications are met: I () The RC\V Recovery Plan's guiu<1tH:t: on hardwooJ miustory given in the RCW recovery r1an rders to the hardwood mids!ory as a whole, which allows some flexibility for individuals so that Illidstory may exceed 7 feet in height. The term "sparse" is used to describe the midstory ol'dcsirablc RCW l{lraging habitat. i\ more subjective habitat assessment (i.c., sparse) allows land managers flexibility to account for the variability found \\,tthin most forested systems. AddItIOnally, prescribed burning and other activities to reduce brush and understory competition will be required no more than once every other year after understory is under control. - ()- I. The Enrolled property Owner must be in total compliance with the SHMA; 2. The Enrolled property Owner must have maintained his or her RCW baseline as speeified in the SHMA; 3. RCWs may not be shot, captured, or otherwise directly taken; 4. The take is incidental to otherwise lawful aetivities; 5. The Enrolled property Owner must conduct a supplemental survey immediately (no more than 180 days but no less than 60 days) prior to any activity, which may result in the incidental taking of above-baseline RCW s or RCW habitat and provide the Commission with the results of the survey 60 days prior to the commencing ofthis activity. Only the specific area that will be affected requires this supplemental RCW survey. No surveys will be required within one year of the baseline survey, unless recruitment clusters have been established in the area that will be affeeted by this activity; 6. Proposed activities that could result in the incidental take ofRCWs must take place only during the non-reproductive season (August 1" through Mareh 3 1;1 of following year) unless otherwise authorized by the Commission; and 7. The Enrolled property Owner shall not undertake any activity that could result in incidental take of RCW s until the Property Owner has provided the Commission with at least 60 days written notice of the Property Owner's intention to conduct such activity to allow the Commission, the Serviee and/or their agents the opportunity to translocate the affected RCW group(s) to a suitable recipient site. Notwithstanding the 60-day notice requirement, the Property Owner should provide as much notification to the Commission as possible. Upon receipt of the requested notice, the Commission, the Service and/or their agents shall give a eonsolidated effort to respond to the Property Owner's notiee. However, should the Commission, the Service and/or their agents fail to respond to the Property Owner within the 60-day time frame, the Property Owner may proceed with the proposed activity. Activities that would or could result in take include, but are not limited to: any aetivities occurring within a cluster during the RCW breeding season, any timber harvesting within a cluster, any timber harvesting within foraging habitat that reduces basal area in pine trees 2:10 inches OBH below 3000 feet' (on property where south Florida slash pine is the predominant pine species, basal area requirements are for pine trees 2:8 inches DB!!), application of forest chemicals within a cluster, new road construction within or near a cluster, and any new building construction within or near a cluster. The Property Owner agrees to contact the Commission and/or the Serviee to determine if a proposed activity may result in take of RCWs. Preseribed burning and installation of artificial cavities is allowed during the nesting season as necessary for the continued survival of the group and will not require notification. D. Monitoring and Reporting For the duration of the SHMA the Property Owner agrees to provide an annual monitoring report by January 15 of each year to the Commission (Attachment E) that describes the general monitoring process, the implementation and results of the agreed upon management activities, -10- and the occurrence of any incidental take of RCWs. Annual monitoring reports will also document any changes in the condition of RCWs and/or their habitat. Specifically the Property Owner agrees to: I. Identify the monitoring schedule as follows: a. Submit monitoring reports and denote whether data is provided from the Property Owner, professional scientist or other specifie individual or entity. b. Identify when the agreed upon management activities were or will be implemented and when the results were or will be evaluated. 2. Describe the implementation of the management activities as follows: a. Identify which management activities the Property Owner agreed to provide for the annual monitoring period. b. Identify which management activities were provided during the annual monitoring period. c. Discuss any problems with the implementation of the management activities during the monitoring period. 3. Deseribe any incidental take, whieh occurred during the reporting period including: a. A description of the land-use aetivities that may result in incidental take of RCW s. b. A discussion of the actual or potential ineidental take expected for above-baseline RCWs and/or habitat. c. A description of the activities that returned or would be expeeted to return the Enrolled property to baseline conditions. 4. Describe any new or above-baseline clusters discovered during the reporting period including: a. A description of the management activities associated with the new or above-baseline clusters. b. A map with the new cluster's location. c. A description of the cluster (i.e. total number of cavities, age, species, and DBH of cavity trees). E. Emergency Salvage Harvest Situations Emergency situations, such as natural disasters or insect infestations, may require that emergency (salvage) harvesting oftimber on the Enrolled property begin with less than the 60-day notice set forth in the preeeding seetion IV(C). For above-bascline groups, the Property Owner shall notify the Commission by written certified notice at least three days prior to eonducting an emergency harvest. The Commission, the Service, and/or their respective agents shall have this three-day time period to translocate above-baseline impacted birds. The Property Owner shall not initiate such harvest until three days after the Commission has received notice. For emergency situations involving baseline groups/clusters, the Property Owner will notify the Commission and/or the Service before emergency (salvage) harvesting begins. The Commission and the Service will evaluate eaeh ease on an individual basis, and both the Commission and the Service most concur on the appropriate management actions -11- F, Neighboring Property Owners' Responsibilities The Commission and the Service recognize the implications to ncighboring property owners of the successful implementation of management actions on enrolled lands. Further, the Commission and the Service recognize and acknowledge that some Property Owners may be reluctant to initiate management actions that may have land, water, and/or natural resource use implications to neighboring Property Owners. The implications to neighboring Property Owners with non-enrolled lands will be assessed on a ease-by-case basis. For example, when the Commission and the Serviee believe that occupation of non-enrolled neighboring lands is likely, the Commission will make every effort to include the neighboring Property Owner in the FL RCW SHA through an SHMA and Certificate, thus extending the Safe Harbor assurances. The Policy allows the Service to use the maximum flexibility allowed under the ESA in addressing neighboring properties not eovered under Safe Harbor Agreements and their associated SHMAs. The Policy also allows flexibility with regard to associated incidental take authorizations, including, but not limited to, granting of incidental take to neighboring Property Owners where oceupation of their lands is expected as a result of an SHMA. However, this does not mean that neighboring Property Owners fitting this scenario will be automatically given incidental take authorization if listed species occupation occurs. G. Successors in Interest Property Owners who enter into SHMAs with the Commission shall have the right to transfer their rights and obligations under the SHMA to non-federal entities in conjunction with the conveyance of all or part of the Enrolled property and within the limits set forth in this section. A Property Owner is required to notify the Commission by written certified letter at least 30 days in advance of any conveyance of the Enrolled property whether in whole or part or as soon as practicable, but prior to such conveyanee. If the Enrolled property Owner conveys ownership of all of the Enrolled property, the Commission and the Service will regard the new Property Owner as having the same rights and obligations as the previously Enrolled property Owner under the SHMA and the associated Certificate, if the new property owner agrees in writing to accept the transfer of SHMA rights and responsibilities and signs an amendment to the SHMA making the new property owner a party to the original SHMA within 90 days of the conveyance. If the new Property Owner attempts to do so more than after 90 days after the eonveyance, the Commission and the Serviee may allow such a transfer in their sole discretion. Upon becoming a party to the original SHMA, actions taken by the new property owner that result in the incidental take of above-baseline RCW group(s) would be authorized if the new Property Owner maintains the terms and conditions of the original SllMA and the associated Certificate. If the new Property Owner does not become a party to the SHMA, the new Property Owner would neither incur responsibilities under the Agreement nor receive any safe harbor assurances relative to this Agreement. lfa new Property Owner agrees to become a party to the original SHMA and associated Certificate, the new Property Owner will only be bound to undertake the original baseline responsibilities. - 12 - If the Enrolled property Owner conveys ownership of a portion of the Enrolled property, the Enrolled property Owner may continue to operate under the existing SHMA; however, the SHMA must be amended to redefine the Enrolled property and the number of active clusters on the newly defined Enrolled property. lfthe new Property Owner enters into a SHMA within 90 days of the conveyance of the portion of the Enrolled property, that SHMA shall limit baseline responsibilities to those for which there were baseline responsibilities under the previous SHMA, thus, effectively transferring the baseline for the conveyed portion of the Enrolled property. I I' the new Property Owner attempts to enter into a SlIMA more than after 90 days afler the conveyance, the Commission and the Serviee may allow such a transfer in their sole discretion. The Property Owner bears sole responsibility to infonn their successor(s) in interest or potential buyers about enrollment of the listed property in the SHMA. However, after any notification of change in ownership of the Enrolled property, the Commission, at its discretion, may attempt to contact the new or prospective Property Owner to explain the baseline responsibilities applicable to the property and deternline whether the new Property Owner will become a party to the original SHMA, enter a new SHMA, or eease enrollment. If the new Property Owner agrees to the terms of the SlIMA in writing, the baseline will remain the same in the new SHMA. H. Regulatory Assurances The Service and the Commission shall, through the Florida RCW SHA and its associated Permit, grant regulatory assurances to Property Owners in good standings through Certifieates of Inclusion. These assurances are as follows: "If additional conservation and mitigation measures are deemed necessary, the Service may require additional measures of the enrolled landowner, but only if sueh measures are limited to modifications within conserved habitat areas, if any, for the affected species and maintain the original terms ofthe SHMA to the maximum extent possiblc. Additional conservation and mitigation measures will not involve the commitment of additional land, water or financial compensation or additional restrietions on the use of land, water or other natural resources otherwise available for development or use under the original terms of the SHMA without the consent of the Enrolled property Owner. These assurances allow the Enrolled property Owner to alter or modify the Enrolled property, even ifsuch alteration or modification results in the ineidental take of the RCW to such an extent that the take returns the RCW to the originally agreed upon baseline conditions. These assurances may apply to the entire Enrolled property or to portions of the Enrolled property as designated or otherwise specitied in the SHMA. These assurances are also contingent on the Enrolled property Owner's compliance with the obligations of/he SHMA. Further, the assurances apply only to this particular SIIMA, only if the SHMA is being properly implemented, and only with respect to species covered by the SHMA." I. Other Federally-listed Species Although the Commission and the Service regard it as unlikely, the possibility exists that other listed, proposed, or candidate species, or species of coneern may occur in the Iilture on the - IJ - Enrolled property as a direct result of the management actions specified in the Evaluation Form (Attachment A). If that occurs and the Property Owner requests, the Commission and the Service may agree to amend the FL RCW SHA and associated SHMAs to cover additional species and to establish appropriate baseline conditions for such other species. Surveys for other lederally listed speeies will not be required of SHMA participants. However, according to Section 9 ofthe ESA, Property Owners will be subject to restrictions against "take" of any federally listed animal not covered by their Certificate. The term "take" as defined by the ESA, means to harass, harnl, pursue, hunt, kill, trap, capture, or colleet, or to attempt to engage in any such conduct. Federally listed plants are considered legal property of the Property Owner and according to the Policy, are not subject to "take" restrictions. If other federally listed species are known to exist on the enrolling property, then the Commission and the Service will consult with and assist the Property Owner in tailoring his/her management actions to avoid take and to minimize any disturbance of these species. The Enrolled property Owner shall notify the Commission in advanee of any activity covered by the SHMA that may potentially impact any federally-listed wildlife species other than the RCW in order to be advised of ways to avoid incidental take ofthat speeies and/or to obtain an incidental take permit or an incidental take statement to cover the potential take of that species. The Enrolled property Owner shall notify the Commission at least 60 days in advance of any activity that may result in the destruetion of any federally-listed, proposed, or candidate plant speeies known to occur on the Enrolled property and shall provide the Commission with an opportunity to remove the affected plants, where appropriate to do so, to sites that are outside of the Enrolled property or, with the Property Owner's written permission, to other sites within the Enrolled property. J, Obtaining Other Necessary State and Federal Permits The Property Owner agrees that he/she and/or his/her agent must obtain any necessary state or federal permits for activities sueh as capturing, banding, reintroducing, etc. of RCW(s), if such is planned. The Property Owner agrees to provide a list of the names of permit holder(s) for these aetivities and the corresponding permit number(s) to the Commission prior to the Property Owner engaging in any such activities on the Enrolled property. V. SHMA Management A, Termination of SHMA 1. By the Property Owner The Property Owner or its enrolled successor in interest must give the Commission 60 days written notiee, by certified letter, of his/her intent to terminate this SHMA and must give the Commission and/or the Service an opportunity to relocate individuals of the covered species within 30 days of such written notice. As provided li)r in Part 12 ofthe Policy, a Property Owner may ternlinatc a SHMA prior to the expiration date of the SHMA fi)r circumstances - 14 - beyond the Property Owner's control. Provided that the baseline conditions have been maintained, the Property Owner, subjeet to the previously mentioned notice requirement and opportunity to relocate individuals of the covered species, may return the Enrolled property to baseline conditions, even if the expected net conservation benefits have not been realized. If the Property Owner is unable to eontinue implementation of the management activities, plans and stipulations of this SHMA, whether due to catastrophic dcstruction of the species population numbers or habitat or due to unforeseen hardship, the Property Owner must relinquish his/her Certificate of Inclusion to the Commission. Species management on the Property Owner's property would return to its status prior to the signing of this SJ-lMA (i.e., original baseline). If a Property Owner has not returned his/her property to baseline conditions at the time of termination of his/her SHMA, and the number of RCW groups has increased, the additional groups will be protected by the take prohibitions of Seetion 9 of the ESA beeause the Property Owner's take authorization (via the Certificate of Inclusion) will have become invalid upon termination of the SHMA. If the Property Owner terminates an SHMA for any other reason, the Certifieate of Inclusion shall immediately cease to be in effect. 2. By the Commission and the Service The Commission has the right to terminate this SHMA where the Property Owner is found to be in non-compliance with the terms and eonditions of this SHMA. If the Property Owner is found to be in non-compliance with this SHMA, the Commission will issue a written letter of non- compliance to the Property Owner. The Property Owner shall have 60 days from reeeipt of the letter to rectify the non-compliance issue(s). If the issue(s) is not resolved to the satisfaction of the Commission by the end of the 60-day period, the Commission shall terminate this SHMA and the associated Certificate, which contain the regulatory assurances. Should the Property Owner fail to comply with the terms ofthis SHMA, and the Commission is unwilling and/or unable to terminate this SHMA, the Service reserves the right to utilize the provisions of the previous paragraph of this section at its discretion or to rcview and/or terminate this SHMA. 3, By Termination of the Florida RCW SHA Should the Service or the Commission terminate the Florida RCW SHA, this SHMA shall also terminate eoneurrently with the effective date on which the l'Jorida RCW SHA and assoeiated Permit are terminated. B, Access to Enrolled property The Property Owner shall grant access to the Commission at least annually to verify that the conditions of the SHMA are being upheld, to assess the condition of the baseline groups and any new RCW group(s) that have been discovered, and to measure, monitor, and tagiband individual RCWs as appropriate. The Commission shall give the Property Owner reasonable notice (generally 30 days) of these visits and may be accompanied by the Property Owner or an agent ofthe Property Owner. The scope of the visit will be agreed to in advance. The Property Owner - 15 - shall not unreasonably withhold access to enter upon his/her property and agrees to grant the Commission and/or the Service aecess with reasonable notification. C. Financial Assistance If funds beeome available for managing RCW s on private land, the Commission shall seek to give the Property Owner priority access to those funds to help offset the costs of undertaking management activities. Any financial assistance given to the Property Owner must be used for current or future activities and not applied to past activities. Activities including, but not limited to, baseline surveys, midstory control, pre-commereial thinning, preseribed burning, artificial cavity installation, cavity maintenance and demographic monitoring can be considered for finaneial assistance. -]()- Section VI. Attachments to the Agreement The following attachments are hereby incorporated and made part of this Agreement: Attachment A - Evaluation Form Outlining Baseline Responsibilities, Conservation Measures and Conservation Benefits Attaehment B - Map of the Property Owner's Enrolled property and the Enrolled property's Legal Description (include RCW habitat and cluster locations) Attaehment C - Map ofRCW Clusters within 0.5 miles ofthe Enrolled property (if any exist) Attachment D - Certificate of Inclusion Attachment E - Annual Report of Activities for Safe Harbor Management Agreement (to be added after 1 year of enrollment of Property Owner through to expiration/termination date) RCW Clusters Attaehmcnt - Form for Providing Information on Multiple RCW Clusters - ] 7 - VII. Signatures and Information Administrator: Tim Breault Florida Fish and Wildlife Conservation Commission 620 South Meridian St. Tallahassee, Florida 32399-1600 Phone: (850) 488-4676 Signature: ~ Date: II ~tti .,.?a::l"J Property Owner: Mailing Address: II/tv Lbwn Bid nt.., Name: "\nllle S VL ~ ) ::j 4tl 2-- Physical Address: .')CcrYI e, as <A..bo ~ 0 Telephone Number: (2.~~) 252 - J.tqS- 01/ (230) 2';)2.- 2-q/o I Cellular Phone Number: (! 3'1) 2- <6 q - 33 I 0 E-Mail Address: cnyjs~,^,\ <"e8(A/ra@ ('OIIJfXj OV, he3 ,e'. . 0..- tDn~r(C{;h tin Call, e v @ VJ ( \ I ( Y' jO 1/. n d BOARD OF COUNTY COMMISSIONERS OF COLLI OUNTY, FLO IDA . ATTEST:, DWHTE, BROCK, CLERK . ....,[o~~ . . "tlll.~ 0111. Appi'o'Vill asto form and legal Sufficiency: By: ~~\\~)\~ Jenm er B. White Assistant County Attorney - t X - VIII. Literature Cited U.S. Fish and Wildlife Service. 20D3. Red-cockadcd woodpecker (Picoides borealis) recovery plan: Second Revision. U.S. Fish and Wildlife Serviee, Southeast Region, Atlanta, Georgia. 296 pp. - 19- ATTACHMENT A TO FLORIDA SAFE HARBOR MANAGEMENT AGREEMENT NO. 2005.001 Evaluation Form Outlining Baseline Responsibilities, Conservation Measures and Conservation Benefits I. Backl!round Information A. Date of evaluation: 10/28/2008 B. Tract Name: Nancy Payton Preserve C. Tract Location: I. County: Collier 2. Tax Map #: 61730440005 3. Latitude: 260 II' 52" N; Longitude: 810 40' 2" W D, Tract Owners Name: Collier County Conservation Collier Program Address: 3301 Tamiami Trail E, Naples, FL, 34112 Phone #: 239-252-2961; Fax #: 239-793-3795 E. Contact Person: Christal Segura (Owner_; Employee_; Consultant_; Manager X) Address: Conservation Collier - Faeilities Bldg W 3301 Tamiami Trail E, Naples, FL, 34112 Phone #: 239-252-2495; Fax #: 239-793-3795 II, Baseline Assessment I. Tract Information A. Total tract acreage:~ B. Total number of acres enrolled in Safe Harbor:~ C. Number of aetive clusters for which Property Owner has 1000;', responsibility:~ D. Number of aetive clusters for which Property Owner has partial responsibility:~ E. Number of active clusters for which Property Owner has 100% foraging habitat responsibility:_lL: Total acreage involved: -SL F. Number of active clusters for which Property Owner has partial foraging habitat responsibilitY:-L: Total acreage involved:~ G. For each RCW cluster, provide the t"'lowing information (see separate "RCW Clusters" attachment tor providing intormation on more than I cluster): Cluster # Total basal area of pines 10" DFlII or greater (:::8 inches DBH in S. Florida slash pine) provided tor forage sq. ft. Number of RCW s present __ Sex & age, if known ____ _ _ ____ _ Total Number of cavity trees ______ Number of active completed cavities _. Number of inactive, but suitable, cavities Number of active starts Number of inactive starts H. Identify how the baseline was deternlined, when and how the baseline surveys were conducted, and whether the baseline was established based on already-known information or other factors: On 10/28/2008, Roy DeLotelle, Collier County staff and FWC Safe Harbor Coordinator Kristina Jackson walked the site looking for RCW cavities. No cavities and no RCW s were seen that day. In recent times, multiple site visits by Collier County staff have been conducted where RCWs were observed. It is believed that local RCWs depend on this land for foraging. I. Individual(s) who conducted RCW cavity tree surveys: Primary Contact: Roy DeLotelle Phone Number: 352-871-3105 Additional Names: Marilyn Knight, US Fish & Wildlife Service Christal Segura - Collier County J. Individual(s) who calculated foraging habitat analysis: Primary Contact: n/a Phone Number: Additional Names: K. Based on the total tract size, eurrent number of active clusters and the associated cluster and foraging habitat, current and/or expected future forest conditions, and the Property Owner's long-term land management objectives, are there opportunities to increase the RCW population on the tract? l Y es _No. If yes and the tract is large enough to support at least 10 active clusters, is the Property Owner interested in considering serving as a mitigation bank') _Yes .___No. 2. Neighboring Tract Information - List all known RCW populations by tract/owner name, # of active clusters, and distance (to the closest mile) within 10 miles of Property Owner's property (I) population: Hideout Golf Course, Folio # 61731640008 Size: I cavity tree; distance: about 500 teet east of property line (2) population: James Cowan, Folio # 61731680000 Size: 2 cavity trees; distancc: 584 teet and 760 feet east of property line. (3) population: Antonin Faga TR 00332360007; size: 5 cavities; distance:.L milcs (4) population: Roy S. Claudio 00338400000; size:_ I cavity; distance:_.L.2._miles (5) population: Vincent Borrero 00339000001; size: 1 cavity; distance: 2.3 miles (6) population: Charlie & Margaret Lunt 00337880003; size: I cavity ; distance:~miles (7) population: Lisa Loiaeano 00338720007; size: 3 cavities; distance:~miles (8) population: Francis & Mary Hussey, .If. 00342040003; size:_5 cavities; distance: .. _...________ III. Conservation Measures to be Implemented (as program funding allows) Note: Check all that apply and fill in the blanks. Prescribed Fire Property Owner ab'fees to conduct prescribed fires on a regular or recurring basis in occupied RCW habitat that will be maintained or enhanced by the prescribed fire. Property Owner will prescribe burn __ (acres or %) ofthe enrolled property every _ year(s). X Property Owner agrees to conduct preseribed fires on a regular or recurring basis in potentially suitable nesting or foraging habitat and the use of prescribed fire will restore or enhance the areas as RCW habitat. Property Owner will prescribe burn _at least 64 acres or 93% (acres or %) of the enrolled property every ~ year(s). l Property Owner agrees to conduct prescribed fires on a regular or recurring basis in unsuitable habitat, but, in this situation, also agrees to conduct the prescribed fires for a period suftieient for the habitat to either beeome oceupied by RCW s or to beeome potentially suitable nesting or foraging habitat. Property Owner will preseribe burn at least 64 aeres or 93'% (acres or %) ofthe enrolled property every ~ year(s). Forest Management Property Owner ab'fees to implement timber management practices in occupied RCW habitat that are compatible with RCW habitat requirements on the enrolled property. Silvicultural system(s) used within RCW clusters: Silvicultural system(s) used in foraging habitat: l Property Owner agrees to implement forest management practices that are compatible with RCW nesting and/or foraging habitat requirements in unoccupied but potentially suitable habitat. Practices will include the following: lnerease rotation age from_ years to _ years in potential nesting habitat over at least 10 contiguous acres. Increase rotation age from _ years to _ years in potential foraging habitat over at lcast 75 contiguous acres. ~ Plant appropriate native pine (typically longleaf or south Florida slash) and maintain those pines for at least 40 {ears. Thin overstocked (greater than 80ft basal area/acre) stands; aeres will be thinned to between 40 and 70 ft' pine basal area. l Property Owner agrees to implement or maintain a forest management strategy or plan that restores habitat to a condition that will, in the future, provide potentially suitable nesting or foraging habitat. Praetiees will include the following: Increase rotation age from __ years to _~ years in potential nesting habitat over at least 10 contiguous acres. _ Increase rotation age from _ years to ___ years in potential foraging habitat over at least 75 contiguous acres. ~ Plant appropriate native pine (typically longleaf or south Florida slash) and maintain those pines for at least 40 years. Thin overstoeked (greater than 80ft' basal area/acre) stands; acres will be thinned to between 40 and 70 ft' pine basal area. Hardwood Control Property Owner agrees to reduce/control hardwood basal area and midstory vegetation in occupied habitat on the enrolled property using the following methods: Prescribed burning at a _ to _ year interval Chemical treatment; List chemieals Mechanical treatment; List methods l Property Owner agrees to reduce/control hardwood basal area and midstory vegetation in unoccupied but potentially suitable RCW habitat on the enrolled property using the following methods: ~X_Prescribed burning at a 3 to 5 year interval Chemical treatment; List chemicals ~ Mechanical treatment; List methods possibly a Posi-trac or Brown Tree Cutter for dense palmetto areas; hand removal of scattered sabal palms l Property Owner agrees to reduce/control hardwood basal area and midstory vegetation in habitat that is unsuitable for a period suffieient for the habitat to either become occupied by RCWs or to hecome potentially suitable nesting or foraging habitat using the following methods: X Preseribed burning at a 3 to 5 year interval Chemical treatment; List chemicals ~ Mechanical treatment; List methods possibly a Brown Tree Cutter for dense palmetto areas; hand removal of scattered sabal palms RCW Cavity Installation and Maintenance Property Owner agrees to install artificial cavities in occupied RCW clusters on the enrolled property. Each active RCW cluster must have at least 4 complete cavities in suitable condition. cavities in insert cavities; clusters drilled cavities Property Owner agrees to install eavity restrictors on enlarged eavities such that each cluster has a minimum of 4 complete cavities in suitable condition. restrictors in clusters l Property Owner agrees to install and maintain artificial cavities at appropriate sites on the enrolled property in potentially suitable, unoccupied nesting habitat and at least four (4) complete eavities are installed per site. RCW Population Management Property Owner agrees to provide opportunity for the Commission, LJSFWS, or a third party to trans locate subadults from other properties to the enrolled property. Translocations will involve the following: Potential Breeding Pair(s) (unrelated subadults) Single Male(s) Single Female(s) Property Owner agrees to provide opportunity for the Commission, LJSFWS, or a third party to translocate subadults into habitat on the enrolled property that is oceupied by a single (male or female) RCW. Translocations will involve the following: Potential Breeding Pair(s) (unrelated subadults) Single Male(s) Single Female(s) Property Owner ah'Tees to provide opportunity for the Commission, LJSFWS, or a third party to translocate subadults from the enrolled property to other properties. Transloeations will involve the following: Potential Breeding Pair(s) (unrelated subadults) Single Male(s) Single Femalc(s) IV. Conservation Benefits The following conservation benefits to RCW s are expected as a result of implementing the eonservation measures identified in this Agreement: Note: the Commission will check all that apply. Occupied RCW nesting and foraging habitat will be maintained at current levels, whieh will assist in meeting RCW reeovery goals and will help maintain population stability. Existing RCW populations will be maintained and enhanced through the installation of artificial RCW nesting and roosting cavities. l New RCW groups will be created through natural population expansion and/or the installation of artificial RCW nesting and roosting cavities and/or translocation efforts on the enrolled property. Other RCW populations will be augmented through translocation of surplus subadult RCWs from the enrolled property to suitable sites. l Suitable RCW habitat will be enhanced, restored, and/or ereated. l RCW habitat connectivity will increase as a result of habitat enhancement, restoration, and creation efforts. Additional information on RCW population productivity and demographies in Florida will be obtained. l Public support for RCW conservation and endangered species management will inerease by demonstrating government agency sensitivity, cooperativeness, and flexibility. Much of the past and cllrrent criticism of environmental regulations and private property rights has focused on ESA-rclated habitat management restrietions. V, Imnlementation Sehedule Speci fy the time frames within which the Property Owner agrees to aecomplish the conservation measures agreed upon in this Agreement. For each activity, list the agreed upon dates to aceomplish each action: Management Activities to be Implemented Aetivity: reduce palms and palmettos by mechanical means Completion Date: end of calendar year 2008 (Complete) after A is completed B. Activity: I" prescribe burn will oecur sometime in the Winter as a drv season burn (weather permitting). A cooler burn is necessarv to reduce fuel loads before switehing to growing season burning. Completion Date: end of calendar year 2009 or early 2010 after B is completed C. Activity: prescribe burn at least 93% of property everv 3-5 years Completion Date: every 3-5 years after first initial burn Activity: reduee palms and palmettos using mechanical or chemical means Completion Date: as appropriate; when midstory becomes more than sparse and/or greater than 7ft. in height. Mechanieal/chemical reduction will be used before burn routine begins then prescribed fires should be all that is needed to maintain midstorv control. Activity: thin pine stands Completion Date: as appropriate to maintain stocking at or below 70BA Activity: plant south Florida slash pine in areas where wildfire occurred Completion Date: 2013 Activity: install artificial eavities Completion Date: Winter 2008-2009 after hardwood control and/or 1" burn Activity: __ Completion Date: Activity: Completion Date:__ Activity: Completion Date: Activity: Completion Date:____ Activity:__ Completion Date:_____ Activity:____.___ .______ Completion Date: Activity: Completion Date:__ A. D. E. F. G. H. I. J. K. L. M. N. Attachment B Conservation Collier Nancy Payton Preserve & Baseline Survey Waypoints o 530 , 1,060 Feet Legend :<05 C Nancy Paybn Preserve . AqacentRCWlreesPrivate Property co1N:r County ~~---.. ~ N W+E WAYPO'NT s o 1-potentialcluslerarea o 2-9000 artificial cavny tree o 3-goOO artificial cavity tree o 4-9000 artificial cavity tree o 5-9000 cavity tree area-(5 possible trees) o 6-potenial c1usterarea o 7-9000 artificial cavity trea-185 dbh o 8-9000 artificial cavity tree-20 dbh o 9-bigoldtree Folio Number: 61730440005 DIItaScalre.: ColllerCounty PIoperly Appr...r-200B .erlals w.ypolnts: KJ (PWe) er...d Br: GIS I Conservation Collier I CS Q Con_rvatlcnColllerfMapslaequlredpropertlesl schoolboardchae ..riaIISafeHarbor,saslinewaypts_12_4_0B.mxd & jpg. DlIte12/4.08 . ATTACHMENT B PART 2 CONSERVATION COLLIER Property Identification Number: 61730440005 TAX IDENTIFICATION NUMBER: 61730440005 LEGAL DESCRIPTION: ALL OF TRACTS 7, 8, 9 AND 12, AND THE NORTH 82,5 FEET OF THE SOUTH 825,0 FEET OF TRACT 10, NAPLES FARM SITES, INC., ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 34, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO AN ACCESS EASEMENT OVER, ALONG AND ACROSS THE WEST 30 FEET THEREOF. .' PAGE 1 of' 2 A TT ACHMENT B PART 2 ttt OR: 4410 PG: 2589 ttt PROPERTY TAX IDENTIFICATION NUMBER: 61731040006 LEGAL DESCRIPTION: NAPLES FARMS SITES: THE NORTH 165 FEET OF THE SOUTH 330 FEET OF THE EAST HALF OF TRACT 10, SECTION 24, TOWNSHIP 49 SOUTH, RANGE 26 EAST RECORDED IN PLAT BOOK 4 AT PAGE 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 61730960006 NAPLES FARMS SITES: LEGAL DESCRIPTION: AND LEGAL DESCRIPTION: NAPLES FARMS SITES: THE NORTH 247,5 FEET OF THE SOUTH 742.5 FEET OF THE EAST HALF OF TRACT 10, RECORDED IN PLAT BOOK 4 AT PAGE 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. Page 2 of' 2 Attachment C Conservation Collier Nancy Payton Preserve and Surrounding RCW Cluster Locations (within 0.5 miles) N W+E S o I 0.125 0.5 Miles I 0.25 I Legend D Nancy Payton Preserve . Adjacent RCW Cavity Trees or Clusters D NPP _half mile buffer _ Land Use Cover-Pine Flatwoods Data Source-Parcels and Aerials- Collier County Property Appraiser Created by GISICons9rvalion Collier! CS G: Conserva~on Collierlmapsfacquiredproperties/schoolboard/SafeharnorlNPP _SurrRCWs_revised_buffer,mxd and jpg 1-23-09 c8ftrer County ~ ATTACHMENT D TO FLORIDA SAFE HARBOR MANAGEMENT AGREEMENT Certificate of Inclusion in the Florida Statewide Red-cockaded Woodpecker Safe Harbor Agreement and Enhancement of Survival Permit This certifies that (Property Owner's Name = Property Owner) Collier County Conservation Collier Program , the Property Owner (s) ofthe property located in Collier County, east of Blue Sage Drive, north of Brantley Blvd (township 49, range 26. section 24), and any future owner(s) of the property, are included within the scope of Enhancement of Survival Permit NO.TE 113463-0, issued by the U.S. Fish and Wildlife Service (Service) on (Date) 05/19/2006 to the Florida Fish and Wildlife Conservation Commission (the Commission), This Certificate of Inclusion authorizes the Property Owner to conduct the activities that are specified in Safe Harbor Management Agreement (SHMA) No.003 between the Property Owner and the Commission for the red-coekaded woodpecker (Picoides borealis) (RCW). The Property Owner, and any future owners of the property, are hereby authorized, subject only to the terms and conditions of the Permit and the terms and conditions of the SHMA, to engage in, implement, or otherwise eonduct the activities specified in the SHMA on the property even though these activities may result in the incidental taking of the RCW. However, the incidental taking of/he RCW shall not result in a diminishment of the Property Owner's baseline responsibilities on the property as speeified in the SHMA. Additionally, this Certificate provides the Property Owner with the following regulatory assurances: "If additional conservation measures are necessary to respond to untoreseen circumstances, the Service may require additional measures of the Permittee (and/or participating Property Owners) only if sueh measures are limited to modifieations within the SHMA's conservation strategy for the affeeted species, and only if those measures maintain the original terms of the SHMA (and Certificates issued therein) to the maximum extent possible. Additional conservation measures will not involve the commitment of additional land, water, or financial compensation, or additional restrictions on the use of land, water, or other natural resources available for development or use under the original terms of the SHMA (and Certificates issued therein) without the consent of the Permittee (and affected participating Property Owner (s))." The Service will have the burden of demonstrating that unforeseen circumstances exist, using the best scientific and commercial data available. These findings must be clearly documented and based upon reliable technical information regarding the status and habitat requirements of the affected species. The Service will consider, but not be limited to, the following factors: :,... Size of the current range of the affeeted species; ., Percentage ofrange adversely affected by the Agreement; , Percentage of range conserved by the Agreement; " Ecological sib'11iticance of that portion of the range affected by the Permit; ',. Level of knowledge about the afteeted species and the degree of specificity of the species' conservation program under the Agreement: and ',. Whether failure to adopt additional conservation measures would appreciably reduce the likelihood of survival and recovery of the aftccted species in the wild. These assurances allow the enrolled Property Owner to alter or modify the enrolled property, even if such alteration or modification results in the incidental take of the RCW to such an extent that the take returns the RCW to the originally agreed upon baseline conditions. These assurances may apply to the entire enrolled property or to portions of the enrolled property as designated or otherwise specitied in the SHMA. These assuranees are also contingent on the cnrolled Property Owner's compliance with the obligations of the SHMA. Further, the assurances apply only to this particular SIlMA, only if the SHMA is being properly implemented, and only with respect to species covered by the SHMA. These authorizations and assurances expire on (Date Permit Expires) 12/31/2105 II Attdt CVJ (Date) ATTEST: DWIGHT E. BROCK, CLERK ,~~~L ~ . ~tt.lt ",. to .eN...... , " .7.1 on.tilf. 01\1. Approval as to form and legal Suffieiency: BOARD OF COUNTY COMMISSIONERS OF COlL~OUNTY' FLORIOA _ By ~, d<t.4 DO ^ r:JALA, CHAIRMAN '1'\) rJ h,vL Jennifer B. White Assistant County Attorney