December 16, Florida Fish and Wildlife Conservation Commission. Re:

Transcription

1 December 16, Florida Fish and Wildlife Conservation Commission Tracy Hurst Tampa Permits Section U.S. Army Corps of Engineers Princess Palm Avenue, Suite 120 Tampa, FL Commissioners Brian S. Yablonski Chairman Tallahassee Re: U.S. Army Corps of Engineers (USACE) Permit Application, SAJ (SP-TEH), Pasco County, Chapel Crossings Residential Development Aliese P. "Liesa Priddy Vice Chairman Immokalee Ronald M. Bergeron Fort Lauderdale Richard Hanas Oviedo Bo Rivard Panama City Charles W. Roberts Ill Tallahassee Robert A." Spottswood Key West Dear Ms. Hurst: Florida Fish and Wildlife Conservation Commission (FWC) staff has reviewed the above-referenced permit application. We provide the following comments and recommendations for your consideration in accordance with Chapter 379, Florida Statutes, and the Fish and Wildlife Coordination Act. Project Description Executive Staff Nick Wiley Eric Sutton Assistant Jennifer Fitzwater Chief of Staff Office of the Nick Wiley (850) (850) FAX Managing fish and wildlife resources for their long-term well-being and the benefit of people. 620 South Meridian Street Tallahassee, Florida Voice: (850) Hearing/speech-impaired: (800) (T) (800) (V) MyFWC.com The proposed project is a mixed-use development on approximately 450 acres, to consist of single- and multi-family residential housing, infrastructure, commercial and office space, a clubhouse, an amenity center, and neighborhood parks. The site is located on State Road 54, approximately 3.0 miles east of The project site contains cropland and pastureland (179.7 acres), pine plantation (125.3 acres), freshwater marsh (33.4 acres), cypress swamp (33.1 acres), pond/reservoir (22.6 acres), pine flatwoods (18.3 acres), mixed hardwood pine forest (11.3 acres), shrub and brushland (9.3 acres), transportation (6.7 acres), rural residential (5.3 acres), and wet prairie (4.13 acres). The site contains 98.6 acres of jurisdictional wetlands and ditches and 18.7 acres of nonjurisdictional wetlands. Based on the proposed site plan, the applicant has proposed direct impacts to 3.51 acres ofjurisdictional wetlands and 1.0 acre of non-jurisdictional wetlands. As compensation for wetland impacts, the applicant has proposed the on-site creation of 6.98 acres of herbaceous wetlands. FWC staff previously reviewed the site as a USACE application in 2010, rezoning application in 2012, and Comprehensive Plan Amendment in March The site has expanded from the original application and subsequent submittals. The following comments and recommendations address the additional information provided with the public notice that was not available with the previous submittals. Potentially Affected Resources Two Protected Wildlife Report and Habitat Evaluation reports (dated December and June 2013), were prepared by Heidt Design, LLC, in support of a Master Planned

2 Page 2 Unit Development rezoning application and a comprehensive plan amendment proposal. A listed species survey report, which was prepared by Biological Research Associates, Inc., was included with the 2009 application. A discussion with the applicant's current consultant, Florida Design Consultants, Inc., indicates that wildlife surveys are planned and will be initiated within the next few weeks. According to the reports, listed species surveys were conducted May 2008, November 2011, April 2013, May 2013, and June The reports indicate that gopher tortoise, Florida sandhill crane, white ibis, little blue heron, snowy egret, and Sherman's fox squirrel were observed on-site. An inactive Florida sandhill crane nest was documented in In addition to the information provided by Heidt Design, LLC, and Biological Research Associates, Inc., a geographic information system (GIS) analysis conducted by FWC staff found that the project site contains, is adjacent to, or occurs near: U.S. Fish and Wildlife Service (USFWS) consultation areas for: o Florida scrub-jay (Aphelocoma coerulescens, Federally Threatened [FT]) One or more wood stork (Mycteria americana, FT) core foraging areas (CF A), defined as a 15-mile radius around the nesting colonies. Potential habitat for the following state- and federally listed species: o Eastern indigo snake (Drymarchon corais couperi, FT) o Wood stork o Florida sandhill crane (Grus canadensis pratensis, State Threatened [ST]) o Southeastern American kestrel (Falco sparverius paulus, ST) o Gopher tortoise (Gopherus polyphemus, ST) o Short-tailed snake (Lampropeltis extenuate, ST) o Florida burrowing owl (Athene cunicularia, State Species of Special Concern [SSC]) o Sherman's fox squirrel (Sciurus niger shermani, SSC) o Florida pine snake (Pituophis melanoleucus mugitus, SSC) o Gopher frog (Lithobates capito, SSC) o Florida mouse (Podomys.floridanus, SSC) o White ibis (Eudocimus albus, SSC) o Little blue heron (Egretta caerulea, SSC) o Snowy egret (Egretta thula, SSC) Comments and Recommendations Florida Sandhill Crane An inactive nest was observed in 2008 and sandhill cranes have been observed on the site during subsequent surveys. Open pasture-like areas on-site provide potential foraging habitat and potential nesting habitat is available in the freshwater emergent marshes is present on-site. FWC staff recommends that surveys for nesting sandhill cranes be conducted immediately prior to any construction that occurs during the January through

3 Page 3 August breeding season. If there is evidence of nesting during this period, we recommend that any acti ve Florida sandhill crane nests be buffered by 400 feet to avoid disturbance by human activities. If nesting is discovered after construction has begun or if maintaining the recommended buffer is not possible, we recommend that the applicant contact FWC staff identified below to discuss potential permitting needs. Basic guidance for conducting wildlife surveys may be found in the Florida Wildlife Conservation Guide and FWC Nongame Technical Report No. 15 provides guidance on survey methods for sandhill cranes. Gopher Tortoise and Commensal Species Due to the documented presence of gopher tortoise burrows on-site, FWC staff recommends that the applicant refer to the FWC's Gopher Tortoise Permitting Guidelines (Revised February Permitting-Guidelines FINAL-Feb20 15.pdf) for survey methodology and permitting guidance prior to any land clearing or development activity. Specifically, the permitting guidelines include methods for avoiding impacts as well as options and state requirements for minimizing, mitigating, and permitting potential impacts of the proposed activities. Survey methodologies require a survey covering a minimum of 15 percent of potential gopher tortoise habitat to be impacted by development activities, including staging areas no more than 90 days prior to submittal of an application to FWC (refer to Appendix 4 in the Gopher Tortoise Permitting Guidelines for additional information). All survey and relocation work for gopher tortoises must be conducted by a gopher tortoise authorized agent. Any commensal species observed during burrow excavations should be handled in accordance to Appendix 9 of the Gopher Tortoise Permitting Guidelines. Commensal species should be released in suitable habitat as outlined in the guidance for release provided in Table 1. Wading Birds Wading bird species such as little blue heron, snowy egret, and white ibis can potentially use the freshwater wetlands found onsite. Based on the potential for wading bird nesting activity to occur in the wetlands within and surrounding the project area, surveys should be conducted in advance of clearing or construction activities. If nesting is observed, FWC staff recommends maintaining a minimum distance of 330 feet between the edge of the active colony and any type of disturbance during the breeding season (January August) (Rodgers and Smith 1995). If maintaining the recommended buffer is impossible or the removal of nesting habitat is necessary, please contact the FWC staff identified at the close of this letter prior to construction to discuss potential permitting alternatives. Additional information and survey protocols can be fo und in the FWCG at yfwc. com/ conservation/val ue/fwcg/. Additionally, stormwater ponds can be designed to serve as both stormwater treatment and as habitat for wading birds. Pond design can be managed for wading birds and waterfowl by incorporating native wetland plants along a gradual graded-slope configuration, which would provide vegetated littoral fringe habitat utilized by many species of wading birds. The FWC has developed management practices and guidelines for designing and managing ponds for recreation, which is accessible at the following website: FWC's management practices to benefit imperiled wading birds are included within the

4 Page4 Species Action Plan for Six Imperiled Wading Birds (Appendix 1 ), which can be accessed at the following web address: Species-Action-Plan-Final-Draft.pdf. FWC staff is available to provide technical assistance if the applicant chooses to incorporate any additional features. Florida Burrowing Owls The project site contains habitat that may be suitable for burrowing owls. Burrowing owls typically occupy areas with short groundcover like agricultural fields and prairies. We recommend the applicant survey the property for burrowing owls prior to construction activities to ensure that no active burrowing owl burrows occur onsite. If burrowing owls are observed onsite, we recommend that: A buffer of 150 feet from any nest burrows should be established and activity should be avoided within this area. If possible, avoid burrowing owl breeding season between February and July. If the proposed activities cannot be avoided and will occur during the breeding season, FWC staff should be contacted to discuss potential permitting alternatives. Additional information can be found in the draft Species Action Plan ( myfwc. com/ med i a/ /Burrowing-Ow 1-S pecies-action-pian-final Draft.pdf). Southeastern American Kestrel Suitable habitat for Southeastern American kestrels may also be found within the proposed project area. FWC staff recommends that the applicant conduct kestrel surveys during their nesting season (April to August) within suitable habitat areas. Surveys from May to July are ideal to avoid confusion with the migratory subspecies of American kestrel (Falco sparverius). Survey guidelines, reporting criteria, and habitat needs for the Southeastern American kestrel can be found within the FWCG at the following website: American Kestrel Technical Report. pdf. If nesting is observed, please coordinate with FWC staff identified below to discuss avoidance, minimization, or permitting requirements. Sherman's Fox Squirrel Sherman's fox squirrels have been documented in habitats on the project site during preconstruction wildlife surveys. Sherman's fox squirrels typically nest between October and February and from April to August. Additional wildlife surveys should be conducted prior to clearing and development activities to locate any fox squirrel nests that may be present. If fox squirrel nests are found onsite, a 125-foot buffer distance from the nest should be maintained. If it will be necessary to remove a nest tree or work within 125 feet of a nest tree, the applicant should then coordinate with FWC staff to discuss permitting alternatives. Federally Listed Species The project area is located within five wood stork CF As and the project is proposing direct impacts to 4.5 total acres of wetlands. The GIS analysis conducted for this project

5 Page 5 area also indicates that Eastern indigo snakes occur in this portion of Pasco County and the Eastern indigo snake is a known gopher tortoise commensal species. The USACE has made a preliminary determination that the project is "not likely to adversely affect" the wood stork and the Eastern indigo snake and will request concurrence from the USFWS North Florida Ecological Services Office. The USFWS Standard Protection Measures for the Eastern Indigo Snake provides guidance for applicants and construction personnel and is available at fws.gov/northt1orida/lndigosnakes/ EIS%20Standard%20Protectio n%20measures final.pdf. We appreciate the opportunity to provide input on this project. If you need any further assistance, please do not hesitate to contact Jane Chabre either by phone at (850) or by at FWCConservationPlanningServices@MyFWC.com. If you have specific technical questions regarding the content of this letter, please contact Bryan Phillips at (850) or by at Bryan.Phillips@MyFWC.com. Sincerely, Jennifer D. Goff Land Use Planning Program Administrator Office of Conservation Planning Services jdg/bwp ENV Chapel Crossings_22260_ cc: J. Hunting, Florida Design Consultants, Inc., jhunting@fldesign.com Citation: Kantola, A.T., and S.R. Humphrey Habitat use by Sherman's fox squirrel (Sciurus nigershermani) in Florida. Journal ofmammalogy 71(3): Rodgers, J.A., and H.T. Smith Set-back distances to protect nesting bird colonies from human disturbance in Florida. Conservation Biology 9(1 ):89-99.