Item P15AGENDA R
ADD ON
Meeting Date: December 17 2008 Division: County Attorney
Bulk item: Yes No x Staff Contact Person: Bob Shillinger, x3470
AGENDA ITEM WORDING: Presentation of settlement proposal from Last Stand to resolve its
challenge to the permit approved by the SFWMD on the Key West International Airport runway safety
area project AND request for approval of a special meeting for the scheduling of an Attorney -Client
Closed Session of the BOCC in the matter of Protect Key West and the Florida Keys, Inc. dlb/a "Last
Stand" v. South Florida Water Management District and Monroe County, Florida, DOAH Case No.
08-3 823.
ITEM BACKGROUND: On December 4, 2008, the County received a settlement proposal from the
attorney for Last Stand to resolve that organization's administrative challenge to the SFWMD's
Environmental Resource Permit which is necessary to construct and operate the runway safety area
project at KWIA. In short, the proposal calls for shifting the runway, the RSA and any other related
construction to the east into sensitive and high functioning mangroves. This option was previously
considered and rejected by County staff and its consultants, for a variety of reasons including, delay,
increased overall costs for the project, increased wetland impacts, uncertainty whether the proposal is
permittable, and the unlikelihood of identifying sufficient mitigation to offset these increased impacts to
the mangroves. The SFWMD has expressed its concerns with this proposal due to the impacts to highly
functioning mangrove wetlands. For these reasons, County staff continues to oppose this settlement
proposal
At the November 19, 2008 BOCC meeting, a spokesperson for Last Stand raised this proposal very
briefly during discussion of an item related to the administrative challenge (item E-26). At that point,
legal staff was given direction to continue to prepare for trial but also indicated that it would open to
settlement discussions in the interim.
This item is being added on because the settlement proposal was sent and received after the agenda
deadline. The matter is currently scheduled to be heard by an administrative law judge beginning on
January 5, 2009. If the Board desires to discuss this matter in a closed session prior to voting on the
proposal, a special meeting will need to be scheduled prior to January 5, 2009.
PREVIOUS RELEVANT BOCC ACTION: see above.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS:
Rejection of settlement proposal OR approval to hold Attorney -Client Closed Session.
TOTAL COST: mitigation costs TBD
l 7 ��/i>��Z�]Z IT�11► �l� i 7�
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SOURCE OF FUNDS: FAA grant
APPROVED BY: County Atty xx
DOCUMENTATION: Attached.
DISPOSITION:
Revised 2/05
OMB/Purchasing n/a Risk Management n/a
AGENDA ITEM #
December 3, 2008
EvergladeS Luna Phillips, Esq.
Gunster Yoakley & Stewart, P.A.
Law Center,, _h1_C. 450 East Las Olas Blvd., Suite 1400
PC -fell ding Florida'sEcosystems Fort Lauderdale, FL 33301-4206
and communities
Re: Key West Airport Settlement Proposal
Shepard Broad Low Centel, Dear Ms. Phillips:
Nova Southeastern University
3305 College Avenue
Ft Lauderdale., Florida 33314 I am writing about the Key West Airport state wetland permit litigation.
Phone: (954) 262-6140 As an initial matter, Iet me thank you for your consistent professionalism and
Fax: (954) 262-3992 Courtesies in the conduct of this matter,
Northern Ever-gindes Offi.ce Last Stand was founded in 1987 to protect Key West's last natural area,
818 U.S. Highway 1, suite 8
North Patnr Beach, Florida 33408 the historic Salt Ponds, site of an early 1800's salt industry. Duck Pond is
Phone: (561) 630-1565 unique among the Salt Ponds - the only part of Key West's original salt pond
Fax: (561) 630-1540 that still functions as a true salt pond. All the other "salt ponds" are now fully
tidal. In the wet season the semi -isolated Duck Pond fills with rainwater and
Board of Directors becomes a rare and critical, low -salinity water source for migrating birds and
President wildlife. In the dry season the pond becomes hyper -saline and dries down
Thomas T. Ankersen, Esq. dramatically, providing good feeding habitat for wading birds and shore birds
T'easurer (Kruer, 2007).
Ricliwd.Hamatin,Esq-
Eacretan, Currently, the administrative hearing concerning the County's
Joel A. Mintz, Esq. application for a wetland permit to fill Duck Pond to create a longer Runway
Safety Area (RSA) is scheduled for three days during the first week of January.
Laurie 4nn rYIncdonald Last Stand continues to believe that this matter could be resolved through a
Janet Reno, Esq. modification to the proposed Runway Safety Area project and, to that end, has
David wtrite, Esq, asked me to submit to you this proposal and the enclosed information packets
to the County Commission. Last Stand would like to offer the county a better
Executive Directoralternative that would allow us to move ahead with safety improvements, spare
General counsel Duck Pond, and even provide a longer runway for take -offs only.
Richard Grosso, Esq
-
Regional Director. The alternative we are suggesting involves shifting the runway
Senior Counsel eastward. The down side is that more mangroves would be impacted on the
Lisa Interlandi, Eiq. east end. While Last Stand generally opposes mangrove destruction, in this
TAal Counsel specific situation, this compromise makes sense because of the degraded
Robert Ni. Hartsell, Esq. condition of these mangroves, and because, relatively speaking, these
Staff Counsel mangroves are not rare or unique and their Ioss can be mitigated. But there is
Jason Totolu, Esq. only one Duck Pond and its unique functions cannot be replicated elsewhere.
We feel strongly that the contrary views we understand to be held by the
consultants for the County and the staff of the SFWMD are very incorrect, and
respectfully submit that our understanding of this ecosystem, which we have
studied and worked to preserve for 20 years, exceeds that of those good folks.
Pie Evepgtades Law Corter, Inc. is a tax- axampt F7wr,c a riot far profit corporatioi.,pursuant to Sect?cn 501(c)(3) of the It:tarrsa.l Revezrtt:g Cad,-.
Ms. Luna Phillips, Esq.
December 3, 2008
Page 2
Our proposal thus is as follows:
At present the unpaved RSA between the west end of the runway and the Duck Pond
equals 110 feet. The FAA recommends an RSA of 600 feet. Shifting the runway 490 ft. to the
east would allow for the full RSA on the west end without impacting Duck Pond. On the east
end, the paved runway would be extended 490 feet, and the RSA (using EMAS technology)
would require an additional 375 feet. (See attached sketch.)
As the applicant, the County can stop or modify this proposal to fill Duck Pond. For
many years the community of Key West has worked to protect the Salt Ponds, and we ask you to
consider a better alternative to litigation, controversy, and destruction of a unique environmental
resource. We ask the County to work with us to develop a solution that minimizes impacts and
improves airport safety and operations.
I would ask that you forward this proposal and information to the County Commission,
and hope that it may lead to a resolution of this matter.
Thank you for your continued courtesies in this matter.
CC' Al Sullivan, Last Stand
Joan Borel, Last Stand
Alison Kelly, SFWMD Office of Counsel
777e Evaaglades LM47 Canter, Inc. is a .tax- ecLmpt Florida nat for pr-afat coapar•ation fnrtsa ant to Section 501(c)(3) of fha Jnter•nal Rauemue Code.
DISPOSITION:
AGENDA ITEM #
Revised 2/05
a �
KEY WEST INTERNATIONAL AIRPORT
Proposal Concept
Shift existing runway 490" to the east to avoid impacts to the Duck Pond.
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OLD TOWN COMMUNITY
HEALTH CENTER
3134 Northside Drive, Bldg. B
;,. Key rest, Florida 33040
May 10, 2007
Peter Horton
Key West International Airport
3491 South Roosevelt Blvd.
Key West, Florida 33040
Dear Peter,
Phone 305-196-9593
Fax 305-296-4868
Jerome E. Covington, M.D.
Mark E. Whiteside, M.D.
I have serious concerns about the Key West International Airport
runway construction project especially as it relates to the proposed filling
in of the Duck Pond on the west end. The Duck Pond provides unique habitat;
it is open, shallow along the edges, and contains fresher water than the
other salt ponds. Fresh water as you know is simply one of the most precious
commodities for wildlife (and people!) in the Florida Keys,
The Duck Pond is home to resident wading birds, migrant shorebirds, and
true to its name, wintering ducks and waterfowl. Species of special concern
that forage on the pond include little blue heron, reddish egret, tricolored
heron, snowy egret, and brown pelican. The threatened least tern feeds on
fish in its waters. The Duck Pond hosts a greater variety of bard species
throughout the year than any comparable body of water in Key West.
If the Duck Pond is removed it would seem to me imperative that the
mitigation should provide at least an equal acreage of open and fresh water.
Expanding the areas'of mangrove swamp and tidal flats is desirable but
insufficient. It is my opinion that work on the west end should be delayed
until an Environmental Impact Statement fully assesses the intricacies of
water flow and the immediate and longer --term effects on the marine life and
other wildlife and birds.
As a 20-year resident of the Salt Ponds (on Bahama Drive) and a lifelong
birder, nothing could be more important to me than preserving the biological
integrity of this area. I see the Salt Ponds as a kind of Central Park for
Key West. I hope there is no rush to begin this project. It is my belief
that if the project is done right, the airport can be safer and much more
physically attractive, and that we can preserve or enhance the environment,
and keep our locals and visitors happy at the same time.
Thank you very much for your consideration.
Sincerely,
Mark Whiteside, M.D., M.P.H.
Vice -President, Florida Keys
Audubon Society
cc. Monroe Board of County Commissioners
to; IVlarjorie Bixby, Envirotmteaatal Administrator, FDOT
Cc, Anita lain SFWMD. Mine 3obneori, MarineFisheries
bee. loam Bowl, Time Henze, Pat Mr -Neese
Statement from Dr. Samuel C. Snedaker
The initiative to alter salt ponds is wholly based on a flawed understanding of nature. To directly equate the
productivity of a system with ecological value is illogical, nonsensical, and anti -ecological. It is tantamount to
calling the vast mud Vat's in Florida Bay unproductive and therefore elig%le to be dredged and used as fill. Yet
ecologists, micro -invertebrate biologists, ichthyologists, and microbiologists who are familiar with mud flats would
call thine an essential habitat in the coastal marine mosaic.
As we all know there are numerous governmental and private initiatives underway nationally and worldwide to
protect biodiversity. In that specific context biodiversity is directly related to the diversity and spatial mosaic of
habitats in an area or region. Unt" certain small mammals, invertebrates and amphibians that have a very small
homes range and territory, the vast majority of wildlife (terrestrial, marine and aquatic) requires multiple habitats for
survival using each fur different purposes such as feeding, courting, breeding, refuge, etc. `lire loss of just one of
those species -specific habitats romprornises the survival the population because each habitat is ar life strategy or life
4ycle requirealkenta
Saline salt ponds in the Florida Keys represent a totally unique habitat that complements the surrounding mosaic of
lrabita#s, and has functions that are not duplicated in any other habitat. For example, during the dry season when
water levels begin to drop, the saline ponds becme increasingly hypersaline clue to evaporation. At the salinity
rises to 110 parts per tiwusand, the buffering capacity of dw marine water is lost, certain dissolved chemicals in that
water precipitate (including CaCO3) and the pH drops causing certain mineral nutrients to become more labile and
available for plant use by phytoplankton, algae, bacteria and fungi. This stimulation of productivity accelerates
when the ponds being to " fimhen" as a result of precipitation but because it is microbiological in nature it is not
visually observed by untrained people. This annual drying and wetting of the salt ponds over the course of a year,
creates It spatial and temporal gradient of different habitat conditions of direct benefit to different species.
The Florida trays has experienced over time the ecological homogenization of habitats through their direct loss or
conversion to other uses. In part, it reflects the uninformed attitude that if it is not productive, then get rid of it or
change it. The proposed plan to destroy saline salt ponds and convert them to ecological systems with a higher
"productivity" simply furthers the erosive homogenization of the Keys and the continuing loss of the corresponding
biodiversity.
Dr. Samuel C. Snedake r
Professor and. Chair
Division of Marine Biology and Fisheries
Rosenstiel School of Marine and Atmoapheric Science
4600 Ritkenbacker Causray
Miami. Florida 33149-1098
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Last Stand's Concerns and Obiections
Key West AiEnort ERP Project
Monroe County is considering undertaking a two-part runway safety area improvement
project, which will require an Environmental Resource Permit (ERP). The proposed
project would require wetland impacts to both the east end and the west end of the
existing airport runway.
Last Stand is not opposed to the east end RSA expansion.
Last Stand o ses the west end project for the following reasons: (1) It will fill the
Duck Pond without appropriate "in kind" mitigation, (2) it is not needed for safety, 3)
Conservation easements have not been secured.
(1) Duck Pond
Very rare and unique system. One of the Key West area's few remaining salt ponds.
Key West Salt Ponds are Outstanding Florida Waters (OFWs) and are to be protected
under the Key West Comprehensive Plan (Objectives 5- 1.1 and 6-1.2.9). Duck Pond is
Particularly unique because it is semi -isolated and lacks a regular tidal connection. It has
high water levels and low salinity in the wet season, and low water levels and is brackish
to hypersaline in the dry season. Duck Pond provides habitat for waterfowl in the wet
season and wading birds in the dry season. It also provides habitat for fish and small
invertebrates. Its benthic habitat consists of naturally occurring fine marl sediment (shell
hash). The absence of a regular tidal convection makes it more of a true salt pond
and provides the highest intensity of use and most routine bird activity of any area
of the Salt Ponds.
The County's plans call for filling 1.6 acres of the Duck Pond (aka Wetland 7). In
exchange, the County would create a new pond from a nearby large old fill area
consisting of an artificial crushed rock bottom, and construct 2 new culverts for flushing
and connectivity with other ponds and to create a tidal connection. (They do not know
what is underneath the fill where the new pond will be located, or what kind of fill will
form the bottom of the mitigation site, one of many unknowns).
This proposed mitigation is in reality a "double whammy" of adverse impact. It
allows for the filling of a natural and very unique system and replaces it with an artificial
system that seeks to establish a connection to other ponds via one culvert and what
appears to be a tidal connection via a second culvert. The end result would be an
artificial, unnaturally connected system that does not have the same seasonal
characteristics and benefits of Duck Pond. This fundamentaily changes what occurs there
now and could do more harm than good. This is not "in kind" mitigation.
(2) A Practicable Modification With Les Wetland Impact Is Available
The claimed need for the filling Duck Pond wetlands on the western end of the runway is
based upon Fed. Aviation Authority (FAA) guidelines which seek an area 500 feet wide
along the length of the runway and extending 1,000 feet beyond each runway terminus.
However, that FAA's guideline is not a mandatory requirement, and the western end of
the runway is used infrequently.
The March 2001 Runway Safety Area Study by URS, Monroe County's engineering
consultant found: "based on the primary landing and take off from Runway 9 on the east
and approximately 95% of the time, and the highly sensitive concerns involving the
adjacent salt pond, it appears nothing could reasonably be done on the west end RSA."
The 95% statistic is also quoted in Environmental Assessment for the Project. Moreover,
airports should meet the RSA design standards to the "greatest extent practicable" (See
EA at p. 3-2; FAA Order 5200.8, Runway Safety Area Program).
With nearly all of the flights taking off and landing toward the east end, coupled with the
fact that the FAA guidelines are not mandatory requirements, but simply guidelines
which should be met to the greatest extent "practicable," the proposed filling of west end
wetlands is unnecessary, costly and environmentally damaging. Accordingly, the west
end project should be abandoned or redesigned to meet the FAA guidelines to the extent
practicable and to avoid any and all impacts to Duck Pond.
(3) No Record of a Signed Conservation Easement
It remains unclear whether the mitigation area will be protected by a conservation
easement. The need for a CE was raised. by District staff but there appears to be no
record of a signed conservation easement for the property. The fear is that this area will
not be protected from any future construction activities.
Contact
Jason Totoiu, Everglades Law Center 561-568-6740
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Last Stand
PO Box 146
Key West FL. 33041
(305-296-3335)
May 15, 2007
Peter Horton, Airport Director
Key West International Airport
3491 South Roosevelt Blvd.
Key West, FL 331340
Dear Peter,
Re: Public comment on the RSA Environmental Assessment
Key West International Airport and its surroundings are unique. A busy
commercial airport with a stellar safety record and the Salt Ponds, Key West's
last natural area, coexist on a tiny, crowded island. The envelope is always
being pushed, as safety improvements are balanced with the need to preserve
our environment. Because of the scale of destruction proposed for the Duck
Pond and the complex mitigation plans, Last Stand has engaged Curtis Kruer,
Consulting Biologist, to assist in analyzing and responding to this Environmental
Assessment. We offer the following recommendations based on the data and
findings in his attached report.
Last Stand supports Monroe County's proposal for the east end of the runway
where EMAS would be used. The east end is the area of greatest concern from
a safety standpoint, since 95% of the take offs and landings occur in that
direction. We urge the county to amend the project and separate the east and
west RSA projects. Make the RSA improvements at the east end the priority,
and proceed with the EMAS construction and mitigation as soon as feasible.
Unfortunately, EMAS is not appropriate for use at the west end of the runway,
where most touch -downs occur, and this proposal calls for filling the Duck Pond
to create a 600 ft. RSA. The Duck Pond is a critical, seasonally low -salinity pond
valuable to many birds and defined as a special aquatic site. There is a long
history of proposals to fill the Duck Pond, always rejected. The Duck Pond is
Protected by the Clean Water Act, designated Outstanding Florida !Waters, and
the site of part of Key West's historic salt industry. In 2001 URS advised the
county that, "Based on the primary landing and take -off from Runway 9
approximately 95% of the time and the highly sensitive concerns involving the
adjacent salt pond, it appears nothing could reasonably be done on the west end
RSA."
The FAA asks compliance with RSA standards when "practicable", but it has
never been practicable at Key West International, and our airport has been out of
compliance with FAA guidelines since 1980. There has never been an accident
reported by FAA involving the Duck Pond or birds. Like Key West, 40% of the
nation's airports fail to meet all FAA's ideal guidelines because of limitations such
as roads, buildings, and water bodies. The proposal to "mitigate" by relocating
the pond would result in the needless destruction of this valuable natural
resource and the permanent loss from the Salt Ponds of its unique hydrological
and habitat qualities.
Because of the documented value of the Duck Pond to wildlife and the minimal
risk at the west end, we urge FAA and the county to adopt the "no action
alternative" for the west end, as we do not believe that Army Corps of Engineers
and state wetland permits can be issued for filling of the buck Pond. Otherwise,
a full blown Environmental Impact Statement should be prepared to fully evaluate
the impacts of this proposal to fill the Duck Pond and the low likelihood of
success of the proposed mitigation. Because of the risks and complexity of this
portion of the plan, much more research and detail are needed. A badly
conceived or executed mitigation project could result in a stagnant artificial pond,
impacting the health of the rest of the Salt Ponds system and the wildlife it
supports forever.
We make these recommendations in the hope of helping to expedite safety
improvements at the east end of the runway, to properly mitigate environmental
damage there, and to reduce the cost of this project to the public. We thank you
for your consideration.
Sincerely,
Albert Sullivan
President
Report on
Draft Environmental Assessment for Proposed Runway
Safety Area Improvements
Key Vilest International Airport,
Key West, Florida - March 2007
Prepared for:
Protect Key West and the Florida Keys, Inc
dba Last Stand
PO Box 146
Key West FL 33041
Prepared By:
Curtis R. Kruer
Consulting Biologist
_P..O. Box 753
Sheridan, MT 59749
406-842-7790, 406-842-7789 fax
May 2007
Table of Contents
Page
Purpose.................................................................................................
History................................................................................................... 2
Qualifications........................................................................................ 4
West End Impacts and Mitigation....................................................... 6
East Impacts and Mitigation................................................................ 20
References............................................................................................ 24
Attachments.......................................................................................... 25
Purpose
The Monroe County Board of County Commissioners (BOCC) and the Federal
Aviation Administration (FAA) are proposing to improve the Runway Safety Area (RSA)
for Runway 9/27 at the Key West International Airport (KWIA). The goal of the Proposed
Project is to improve safety for arriving and departing passengers and aircraft. The
BOCC has initiated this Environmental Assessment (EA) to identify and consider the
potential environmental impacts associated with the proposed RSA project. This EA
documents the consideration of alternatives and potential environmental impacts
associated with the proposal to improve the RSA at KWIA (Monroe County 2007).
Filling of mangrove and salt marsh wetlands and a natural pond (Duck Pond) is
proposed for the west end of the runway at KWIA. Filling of wetlands for the placement
of an emergency arresting system is proposed at the east end of the runway.
This report is provided in response to a request to review the Monroe County
March 2007 Draft Environmental Assessment of Proposed RunwaSafety Area
Improvements along with attachments, appendices, current and historic aerial imagery,
and related information and to visit the Duck Pond and mitigation sites, Also requested
was an analysis on the proposed mitigation at both the east and west ends of the
runway, with recommendations for ways to improve success of mitigation projects, if
any, and on existing condition of the Duck Pond, impacts of proposed project, opinions
regarding filling, and suggestions for reducing damage, if any. I was asked to provide
opinions on these matters as well as on hest options for maintaining biological and
hydrological values of the Duck Pond and maximizing the benefits of the mitigation.
Limited resources and time restrict this review and report to the general review that
follows,
2
History
As the Key West Salt Ponds have a long and storied history so does the Key
West international Airport with its plans and endeavors to extend the runways and
expand other facilities. Proposals have been put forth and reviewed since at least the
early 1980s while at the same time recognition of the important natural and social values
attributable to the Salt Ponds was increasing in Key West and the lower Keys.
Committees and alliances as well as numerous government agencies have addressed
the issue with the most recent set of directions and recommendations by Monroe County
citizens through its elected officials in 2001.
The history of the Salt Ponds has been described in various Key West historical
reports and books, and especially valuable information can be found in the 1986
Conservation and Recreation Lands (CARL) acquisition proposal prepared by Joan
Borel and others, including myself, on behalf of the city of Key West and Florida
Audubon Society (Key West 1986). And the history of salt production (dating back to
the early 1800s) near the west end of the end of the airport runway and the Duck Pond
is an important (but overlooked) aspect of the review by the FAA and other agencies.
A 1938 topographic map has the area of the Salt Ponds that includes the Duck Pond
labeled as "Abandoned Salt Ponds and Ditches". An 1829 plat of Key West refers to the
area as a "Natural Salt Pond".
1929 Kty fYaat -PfktQ GaroJ�ty V fie, l oad APehFvaa
Figure 1. 1923 aerial photo of the Key West Salt Ponds with view to the east. Note
historic salt works and berms and the approximate location of the current Duck Pond.
3
Figure 2. 1940 aerial view of newly constructed Meachem Field with the approximate
location of the modern day Duck Pond prior to filling of the Battery Site and construction
of the modern runway. View is to the west.
In 1981 the City of Key West recognized the value of the natural Salt Ponds to
the residents and economy of the City and incorporated the following expressions of that
recognition into the Conservation and Coastal Zone Protection Element of the 1981 Key
West Comprehensive Plan:
"The desire to protect the City's natural assets and resources has a twofold motivation.
Key West benefits directly from a beautiful and safe environment and this constitutes
one reason for conservation. In addition, the major economic base of the City involves
the exploitation of these resources. Hence, damage to these resources will have an
adverse impact on the economic well being of City residents." "The City of Key West has
a vital interest in the protection of natural resources throughout the Keys inasmuch as
these resources are a vital link to the tourist industry."
"The mangrove communities are the most vital biological resources of the Keys."
".... salt ponds are an important breeding and feeding ground for many bird species..,"
"Management Policies: Encourage maintenance and protection of areas that provide
refuge and sanctuary for birds.""
"Objective: Develop a program to ensure protection of the environmentally sensitive
lands in and around Key west International Airport."
ld
In the 1990s waters surrounding the Keys and Key West, including the Salt
Ponds, were designated Outstanding Florida Waters (OFW) by an Act of the Florida
Legislature. There are "special Keys waters" rules found in the Department of
Environmental Protection water quality rules (Section 17.3 - 17A FAC and other
administrative rules) that prohibit filling of OFW or doing anything to degrade these
waters except when clearly in the pubic interest.
Historically, the Salt Ponds have been a magnet for birders beginning in the early
1800s with John .lames Audubon and continuing with novice and professional birders
today. The physical location of the Salt Ponds along an important migratory route and
the mix of habitats and open water provide necessary resources of space and food to
many wading birds, waterfowl, shorebirds, passerines, raptors, neotropical migrants and
others. Appendix A is a comprehensive list of birds observed in the Keys including
special attention to the many specially designated State and Federal species that occur
there.
Qualifications
I resided in the Keys from 1977 until 1999 and worked both as a field biologist for
state and federal agencies and as an independent conservation biologist. I was
employed by the Florida Department of Environmental Regulation from 1977-1980 and
the US Army Corps of Engineers (Corps) wetlands program from 1980 until 1988 and
managed a regulatory field office on Big Pine Key. I worked throughout the Keys
during my time in the Keys and both as staff and as a contractor I assisted in preparing
legal cases and provided expert testimony for a number of state and federal legal cases.
On behalf of agencies and non-profit organizations I've been involved in numerous
wetland restoration and enhancement projects including their location, design, funding,
and implementation. Many are described in Hobbs et. al (2006) and various reports and
documents. I've worked in the Salt Ponds including designing and implementing
wetland restoration projects since the late 1970s, overseeing the hydraulic maintenance
dredging of restricted areas of Riviera Canal and the Salt Ponds, and doing the
preliminary design and site surveys of the large blimp pad removal project near
Mitigation Area 2_
1 performed all field mapping for the wetlands portion of the USEPA Advanced
Identification of Wetlands (ADID) program in the mid-1990s, revived the Florida Keys
Environmental Restoration Trust Fund in the early 1990s and managed it until 1999, and
organized the Florida Keys Invasive Exotics Task Force in 1996. In the late 1980s I
mapped over 1,000 nontidal/freshwater wetlands in the lower Keys as part of a state -
funded Key deer habitat evaluation and reported on over 5,000 salinity measurements
made over about 18 months (Folk et al 1991). My resume is attached at Appendix B.
In preparation of this report I reviewed a number of ground and aerial photos of
the Salt Ponds that are in my possession including:
1923-1960 low-level oblique aerial photos, color and black/white
1986-2007 ground photos, color
5
1955 vertical aerial imagery, b/w
1965 vertical, b/w
1972 vertical, b/w
1991 vertical, b/w
1994 vertical, blw
1994 vertical, color infra -red, digital
1998 vertical, C1R
1999 vertical, CIR, digital
2005 vertical, color, digital
2006 vertical, color, digital
Backaround on Mitigation and Restoration Planninq
Mitigation (avoidance and minimization) and compensatory mitigation (preferably
on -site and in -kind with functional replacement) for project impacts have long been
accepted parts of wetlands regulations and project planning. But there is also a
recognition that some impacts due to their special nature cannot be mitigated for and
therefore impacts to the special aquatic resources should be totally avoided unless there
is an overriding public interest in the work. The need to reduce and/or totally eliminate
aquatic impacts, to provide in -kind mitigation wherever possible, and to allow mitigation
only where there is a high likelihood of success is stated succinctly at:
USACE and USEPA (1980): "The determination of what level of mitigation constitutes
"appropriate" mitigation is based solely on the values and functions of the aquatic
resource that will be impacted."
1. Avoidance. Section 230.10(a) allows permit issuance for only the least
environmentally damaging practicable alternative. The thrust of this section on
alternatives is avoidance of impacts. Section 230.10(a) requires that no
discharge shall be permitted if there is a practicable alternative to the proposed
discharge which would have less adverse impact to the aquatic ecosystem, so
long as the alternative does not have other significant adverse environmental
consequences. In addition, Section 230.10(a)(3) sets forth rebuttable
presumptions that 1) alternatives for non -water dependent activities that do not
involve special aquatic sites are available and 2) alternatives that do not involve
special aquatic sites have less adverse impact on the aquatic environment.
Compensatory mitigation may not be used as a method to reduce environmental
impacts in the evaluation of the least environmentally damaging practicable
alternatives for the purposes of requirements under Section 230.10(a).
2: Minimization. Section 230.10(d) states that appropriate and practicable steps to
minimize the adverse impacts will be required through project modifications and
permit conditions. Subpart H of the Guidelines describes several (but not all)
means of minimizing impacts of an activity.
3. Compensatory !Mitigation. Appropriate and practicable compensatory
mitigation is required for unavoidable adverse impacts which remain after all
appropriate and practicable minimization has been required. Compensatory
actions (e.g., restoration of existing degraded wetlands or creation of man-made
0
wetlands) should be undertaken when practicable, in areas adjacent or
continuous to the discharge site (on -site compensatory mitigation). If on -site
compensatory mitigation is not practicable, off -site compensatory mitigation
should be undertaken in the same geographic area if practicable (i.e., in close
proximity and, to the extent possible, the same watershed). In determining
compensatory mitigation, the functional values lost by the resource to be
impacted must be considered. Generally, in -kind compensatory mitigation is
preferable to out -of -kind. There is continued uncertainty regarding the success of
wetland creation or other habitat development. Therefore, in determining the
nature and extent of habitat development of this type, careful consideration
should be given to its likelihood of success. Because the likelihood of success is
greater and the impacts to potentially valuable uplands are reduced, restoration
should be the first option considered.
The burden of proof to demonstrate compliance with the Guidelines rests with the
applicant; where insufficient information is provided to determine compliance, the
Guidelines require that no permit be issued (40 CFR 230.12(a)(3)(iv),
http://www.epa.govlowow/wetlands/guidance/flexibIe.htm1)
The objective of mitigation for unavoidable impacts is to offset environmental losses.
Additionally for wetlands, such mitigation should provide, at a minimum, one for one
functional replacement (i_e., no net loss of values), with an adequate margin of safety to
reflect the expected degree of success associated with the mitigation plan. And EPA's
Principles for the Ecological Restoration of Aquatic Resources
(http://www.epa.gov/owow/wetlands/restore/principles.html) strongly advocates the need
to:
Preserve and protect aquatic resources. Existing, relatively intact ecosystems are the
keystone for conserving biodiversity, and provide the biota and other natural materials
needed for the recovery of impaired systems. Thus, restoration does not replace the
need to protect aquatic resources in the first place. Rather, restoration is a
complementary activity that, when combined with protection and preservation, can help
achieve overall improvements in a greater percentage of the Nation's waters. Even with
waterbodies for which restoration is planned, the first objective should be to prevent
further degradation.
and
Understand the natural potential of the watershed. A watershed has the capacity to
become only what its physical and biological setting -- its ecoregion's climate, geology,
hydrology, and biological characteristics -- will support. Establishing restoration goals for
a waterbody requires knowledge of the historical range of conditions that existed on the
site prior to degradation and what future conditions might be. This information can then
be used in determining appropriate goals for the restoration project
West End Impacts and Mitii ation
Proposed for the west end of the runway is 2.75 acres of wetlands, including
mangroves, and over 1.6 acres of waters of the Duck Pond. The 1986 CARL proposal
based on detailed mapping reported that there were well less than 100 acres of
mangroves in the entire Salt Ponds system, and there are less now due to several large
developments on the perimeter of the Salt Ponds
7
The name Duck Pond was given to this unique pond many years ago due to the
routine presence of various migratory waterfowl that could be seen there in fall and
winter. Filling of this area has been proposed previously, including for runway extension
in the 1990s, The current proposal terms the proposed fill work a Runway Safety Area
(RSA).
The Duck Pond is a semi -isolated pond that since being surrounded by filled land
in the mid 1900s has displayed seasonal high (typically summer to early winter) and low
(late winter to spring) water levels that create conditions important to a variety of water
birds throughout the year. Seasonal low and high water are a response to seasonal
variations in the tidal system whereby the highest mean sea level occurs in the fall and
the lowest in late winter and early spring. The Keys wet season is summer and fall and
the dry season basically winter and spring. The nature of the present day Duck Pond
and its value to small fish, macroinvertebrates, and the birds that regularly feed on them
can be related to this annual variation in water level and salinity (typically 10-40 ppt in
ponds with this degree of isolation) and the vegetation that responds to these varying
levels. White and red mangroves proliferated around the perimeter of the Duck Pond
during the wet periods of the 1980s (Figures 3 and 4) but have been reduced in extent
since about 1998 when regular storm surges and dry periods resulted in higher
salinities, and many mangroves were cut to the ground by the county.
`��`•1 l-Z'-` ,1%?.J AEVIti VIEW - BAST KARTeU, a0.T'i'j& BETE
Figure 3. View across the Martello Battery Site. View is to the East. Note dense
shoreline vegetation typical of the 1980s. Note landing pattern based on skid
marks on runway.
8
High water conditions result in use by waterfowl (Figures 4, 5 and 6) and
seasonal low water during the spring results in almost continuous use of the Duck Pond
by feeding wading birds and shorebirds. Based on my work in the Salt Ponds over 3
decades the Duck Pond has the highest intensity of use and most routine bird activity of
any other area of the Salt Ponds. In the wet season when its water level is pumped up,
vegetation (including Ruppia and various macroalgae) grows, fish and inverts flourish,
and migratory waterfowl use it. As it drys down slowly, fish and inverts are concentrated
and feeding birds thrive. A visit to the Duck Pond for a short period of April 25, 2007
(Figures 7-9) revealed
diving and feeding least terns
a feeding tri-colored heron
a feeding lesser yellowlegs
an unidentified plover
a feeding white phase little blue heron
a small flock of unidentified feeding shorebirds
a reddish egret feeding immediately north of Gov`t. Road and the Duck Pond
mourning doves
mockingbirds
unidentified swallows
Figure 4. February 16, 1988 photo of Duck Pond by C. Kruer, On this day
American widgeon, blue -winged teal, and American coot were in the Duck Pond
along Government Road. View is southeast.
0
Figure 5. February 16, 1988 Duck Pond photo by C. Kruer. Waterfowl are in a
flock in the center of the pond where filling is proposed. Note dense vegetation
around the Pond perimeter and seasonal high water. View is to the south.
10
G OR
RIM
t ..
t
i
e
�
}
Figure 6, February 7, 2007 photo of Duck Pond by R. Draper. The flock of
migratory waterfowl are blue -winged teal.
11
Figure 7. April 25, 2007 Duck Pond photo by C. Kruer with actively feeding lesser
yellowlegs shorebird. Note seasonal low water. View is to south.
Figure 8. April 25, 2007 Duck Pond photo by C. Kruer showing feeding immature
little blue heron. Note seasonal low water,
12
Figure 9. April 25, 2007 Duck Pond photo by C. Kruer. A feeding tri-colored heron
is in center of photo. Note "berms" in Pond visible during seasonal low water
conditions. Reduced and dead vegetation around Pond perimeter is likely due to
salt accumulation following Hurricane Wilma's storm surge here as well as
cutting of mangroves.
To further indicate the extensive use by wading and other birds of the
Duck Pond a return visit was recently made on May 13, 2007 and several feeding
wading and shorebirds were present (Figures 9-11). Feeding activity during the low
water season is near continuous during daylight hours.
13
Figure 10. April 21, 2007 Duck Pond photo by R. Draper. A Snowy egret and a tri-
colored heron are feeding on small fish and macroinvertebrates during the
seasonal drydown.
Figure 11. May 13, 2007 Duck Pond photo by R. Draper. A white ibis, greater
yellowlegs, and white phase reddish egret are feeding on fish and
macroinvertebrates during the seasonal low water period.
14
Figure 12. May 13, 2007 Duck Pond photo by R. Draper. Tri-colored heron and
immature little blue heron are feeding during seasonal low wafter period.
In the current draft EA the purpose of the work has been changed from runway
extension to the west to improvement of the runway safety area. The EA notes that
95% of flights land and take off west to east due to prevailing winds and other
considerations. And, as Figures 12 and 13 demonstrate, there is nearly 300 feet of land
and pavement between the Duck Pond and the typical touchdown area on the west end
of the runway. And as history as shown, airplane safety at the west end of the runway
seems to be secure and adequate.
15
i
16
Figure 14. Photo of the Duck Pond and the west end of runway on April 25, 2007
by C. Kruer. Jet is landing to the east with ample safety clearance over the Duck
Pond.
17
It has been suggested that turbulence from jets taking off from the west end of
the runway is so severe as to seriously disturb bird use of the Duck Pond in its present
location and physically disturb the bottom of the Duck Pond. A review of available aerial
imagery shows that the low berms (Figure 8) visible north of the extended runway
centerline are also visible in imagery dating back to at least 1960, before the routine use
of large jets at KWIA. And, as the Duck Pond is located on the east edge of the historic
salt pond here the berms may be the remnants of old salt works as can still be seen in
westerly areas of the Salt Ponds. ,
During my site visit to the Duck Pond on April 25, 2007 1 observed numerous
planes taking off and landing, including jets, and noted that wading and shorebirds were
actively feeding and appeared relatively undisturbed during this activity and loud noise.
My inspections of the Duck Pond over many years reveal little disturbance and active
use of the Pond no matter what the level of activity is at KWIA. .
. ..
Figure 16. 1994 color -infrared aerial. Note berm -like feature and apparent
depression above the letters "nd" in Pond. As this area was part of the historic
salt works of the Salt Ponds the feature could be related to the historic business
of salt production in Key West. This feature also appears in an aerial photo dated
about 1960.
18
The proposed mitigation for the filling of much of the Duck Pond and surrounding
wetlands is generally defined in Figure 6.1-2 of the draft EA. This type of restoration in
and around the Duck Pond was first suggested in the 1986 CARL proposal as one of
many Salt Ponds restoration suggestions in the document, but based on what we now
know about the habitat values of the Duck Pond, it was ill-advised. And no restoration
proposal that I know of for the Salt Ponds has ever suggested removing the Martello
Battery Site, either as restoration or mitigation.
The EA and the regulatory agencies rightfully acknowledge the uniqueness of
the Duck Pond in the Salt Ponds and lower Keys. The lack of a direct tidal connection
to this pond has resulted in its remaining more of a true salt pond, flooded and low
salinity in the wet season and low and brackish to hypersaline in the dry season. As a
result the vegetation, hydrology, and soils of the Duck Pond are different, and its value
to wading birds, shorebirds, and migratory waterfowl is much greater than in nearby
open tidal ponds. In the EA mitigation proposal as a result of the excavation of deep,
old fill from the neighboring Battery Site mangrove and open water creation would take
place. This mitigation is stated in the draft EA to be "in -kind", as recommended by
federal regulations and guidance - that is similar functions would have to be restored as
compensatory mitigation as those functions being lost through filling of the Duck Pond.
But, in my opinion, based on extensive experience with removing fill to restore wetland
and marine habitats in the Keys, the mitigation is fatally flawed for several reasons.
First and foremost, the proposal fails to properly consider the remaining natural
condition and sediments of the unique Duck Pond, and the fragile conditions of
hydrology and natural sediments that create the easily observed productive seasonal
conditions, Removing crushed rock fill now compressed into the native marl sediments
below the Battery Site to some pre -described elevation and creating a tidal connection
to it will not accomplish in -kind mitigation. The proposal will even sacrifice naturally
occurring wetlands along the portion of the Duck Pond to remain in order to connect this
remaining portion of the Duck Pond to the tidal system (Figure 6.1-2).
And page 6-2 of the EA states:
"The primary goal of Mitigation Area #1 is to compensate for impacts to a salt pond
(SW-7) located at the west end of the runway."
Yet it is planned that:
"Mitigation Area #1 will replace the impacted portion of the salt pond and increase tidal
flushing through the salt pond system. Mitigation Area #1 will connect to the remaining
portion of the pond (SW-7). In addition, a blocked culvert beneath Government Road will
be opened and a culvert will be added beneath the airport access road to enhance the
tidal flushing of the relocated pond system. With the construction of Mitigation Area #1
and the adding/opening of culverts, SW-7 will be connected to the larger salt pond
system to the south (WL-8) and the overall system will be enhanced
by greater tidal flushing."
Any perceived existing "impact" to the Duck Pond is trivial compared to the
ultimate impact of filling it. You can't simply "relocate" the Duck Pond and to do so will
19
result in an unnatural and artificial habitat with crushed rock substrate that time has
shown over and over again in the Keys not to be suitable for colonization and growth of
mangroves. Examples can be seen on North Key Largo at the Harrison Tract, on Whale
Harbor Key at an ill-fated mangrove restoration site that has been replanted numerous
times, on Bahia Honda Key at a road removal site, and even north of Government Road
in the Salt Ponds where fill was removed years ago in the name of restoration. The
adverse effects of artificial, sterile rocky substrates, salt, high temperatures, and intense
solar radiation results in conditions not conducive to wetland revegetation, much less
replacement of a naturally occurring Salt Pond with the documented habitat values
indicated here. Extensive detail on the RSA impact site and the mitigation planning was
requested by agencies (including the SFWMD in 2002) but little site specific information
is included in the EA.
Typical detail on final elevations, slopes, x-sections, construction methods, plans
for revegetation and the like are absent from the EA mitigation plan making review
difficult and further reducing the likelihood of success. The Salt Ponds are a tidal
system unlike those surrounding Key West and the hydrology and wetland elevations
are different than might be expected. More appropriately, elevations would be used
from surrounding wetlands and ponds in an effort to more precisely duplicate desired
conditions.
The Duck Pond is now a semi -isolated pond with a mostly "sealed bottom" of fine
marl sediments and limited tidal flushing that fills up with rainwater in the wet season
and dries out through evaporation in the dry season. It does not fluctuate with the rest
of the Salt Ponds tidal system - but the new Mitigation Area 1 pond would be fully tidal
and possibly due to tidal head differentials on the 2 sides of Government Road to the
north actually flow with tidal water at times. An old culvert to the Duck Pond from the
south now rests at a high elevation and serves to allow storm surge water to drain out
as happened during Hurricane Georges in 1998 and Hurricane Wilma in 2005.
The draft EA at Page 6.0 in the introduction to the Mitigation section states "the
proposed mitigation measures will lessen impacts" to wetlands, wildlife and H2O quality.
It's important to note that it does not say offset or fully mitigate further suggesting that
there will be an overall net loss of function - discouraged by federal policy and
regulations. The EA considers this amount of work in a 100-year floodplain "non-
significant". Recent history has shown that public infrastructure is at high risk in flood
and hurricane prone areas and Hurricane Wilma debris wrackline along Government
Road is about 4 feet high on the airport fence there. Millions of dollars in public funds
would be needed to fill, maintain, and mitigate for the RSA at the west end.
In summary, filling would permanently destroy the unique and productive aquatic
habitat of the Duck Pond with little assurance that it will ever be mitigated for, much less
"replaced_" Recognition of the value of the Salt Ponds by the citizens of Key West and
the need for their protection would be ignored. Even if an attempt is made to mitigate
this impact, the lost services provided day in and day out by the Duck Pond will be
enormous over the time it might take to recreate such a habitat. These lost services
have not been properly factored into nor calculated into the mitigation planning.
20
The project purpose of improving safety would sacrifice the Duck Pond for a safety
issue that seems not to exist. The historical and archaeological reviews done for this
proposal ignore the fact that the Duck Pond was once part (and may still have some
structures) from the early 1800s salt production work there. My recommendation is that
no fill work in wetlands and ponds be authorized at the west end of the KWIA runway for
an RSA and no mitigation be required or performed there.
East End Impacts and Mitigation
The planned installation of EMAS (Engineered Material Arresting System) at the
east end of the runway will result in impacts to tidal salt marsh and mangrove wetlands.
Impacts will be minimized here through the practical application of an alternative
strategy. Aircraft take -off and land into the prevailing east wind 95% of the time,
increasing the potential for accidents at that end if planes fail to stop or abort takeoff.
Mitigation is proposed at Mitigation Area 2 and is somewhat defined in Figure
6.1-3 of the EA. It appears to be appropriate as it allows the possibility of on -site and
in -kind mitigation as encouraged by state and federal wetland rules, regulations,
policies., and guidance. Ample public property exists to carry out compensatory
mitigation consistent with habitat restoration in this area of the Salt Ponds. The Monroe
County Land Authority is the owner of Mitigation Area 2 and already has the
management authority to protect and manage the mitigation area. Once the impacts of
EMAS placement are fully calculated and the proper mitigation ratios determined, the
Mitigation Area 2 offers opportunity to fully compensate for impacts at the east end of
the runway.
However, significant adjustments need to be made to the restoration plan for
Area 2 in order for it to properly compensate for impacts and to ensure its high likelihood
of success. Recommendations for improved and cost-effective mitigation here include:
1. Investigate the extent and types of naturally occurring habitats that existed
prior to the placement of the old runways and blimp pads of early Meachem Field.
Considerable historic aerial photography exists of this area and much can be obtained
through the Key West Public Library.
2. Focus all restoration activities on fill removal and restoration of naturally
occurring conditions. For example, excavation of tidal channels into areas that
previously were higher elevations wetlands (buttonwood and other transitional wetlands)
is not habitat restoration but habitat manipulation, with often unforeseen consequences.
Figure 15 is an example of available new high resolution aerial imagery that can be used
to map areas for fill removal, along with field verification.
21
2006 Aerial Photo 500 0
Map prepared by C. Krver
May 2007 (/1
Figure 16. 2006 aerial view of Mitigation Area 2. Note location of old filled areas
compared to those with remaining native elevations and vegetation. And note
location to the west of the Blimp Pad restoration site now 6 or 7 years old.
3. Mitigation credit should not be proposed for "wetland enhancement" as
mapped on EA Figure 6.1-3. These areas are mostly naturally occurring wetlands that
have persisted over time even with the abuse and degradation of the area in recent
decades. They presently exist as wetlands, much at natural elevations and as native
substrates, and fill removal some distance away will do little to change their nature. The
habitat map at Figure 16 reflects that most of the area has been previously mapped as
wetlands, including the 1994 ADID wetlands mapping project, data from which is used
extensively in planning by Monroe County. Fill removal can reduce problematic public
access allowing these wetlands to flourish over time, and management such as exotics
removal is the responsibility of the land owner.
4. As there appears never to have been hardwood hammock (at least not in
modern times) on the mitigation parcel the plans for "hammock restoration" should be
dropped. It's not properly considered wetlands mitigation, elevations are very low (+2
feet?) as noted, and the cost of planting and maintenance would be very high. A few
hammock trees does not a hardwood hammock make and state and federal agencies
should be asked to perform a formal jurisdictional determination for the site to delineate
wetlands from any possible upland habitat in the area. This step should have been
22
taken already and current, reliable information used. To my knowledge buttonwood
colonizes much of the area and is the primary species of high elevation transitional
wetlands in the lower Keys. A number of other "upland" species noted in the EA to
occur this area typically occur in high elevation wetlands of the lower Keys and a
number can be used as wetland indicators. Ongoing sea level rise is a serious
consideration, is documented to be taking a toll on native Keys upland habitats, and will
only hasten the demise of efforts to create hammock habitats here.
I strongly disagree with delineations (and wetland vs upland distinctions) found
in the EA Figure 4.9-1 habitat map declaring virtually all of Mitigation Area 2 as uplands
or barren lands. Due to the way in which it was created, classes used, the scale at which
it was created, and the lack of field verification in the Keys this land use/land cover
dataset used is of poor quality for Monroe County - especially for delineating uplands
from wetlands.
5. "Mangrove creation" in the mitigation plan should be changed to "mangrove
restoration" where appropriate - depending on the elevation of the native soils under the
fill to be removed_ Some fill removal will likely result in salt marsh or buttonwood
habitat, depending on elevations re-established.
6. The ratios used to calculate the amount of required compensatory mitigation
at the east end should be applied and fill removal to natural elevations planned to start
at the south end of Area 2 working to the north until the requirement is met. Damage to
existing vegetated areas should be prohibited.
7. Lessons learned from Hobbs et. al (2006) and from the removal of the nearby
blimp pad should be employed to refine methods to be used in this area.
8. Boardwalks and other recreational facilities should be removed from the plan
for Area 2. as they are not a form of habitat restoration or mitigation. Problematic
public access has always been a liability in management of the Salt Ponds and since a
number of public access points already exist no new ones should be added here.
23
HABITATS OF THE KEY WEST SALT PUNDS
Figure 17. Habitat map of the Salt Ponds prepared by C. Kruer in 1998, updated
from the 1994 USEPA Advanced Identification of Wetlands mapping effort. Note
that most of Mitigation Area 2 north of the east end of the runway has been
previously mapped as wetlands.
24
References
Braun, G. 2000. A Strategic Plan for the Key West Salt Ponds. prep. by Ecotourism
Development, Inc. , 69 pp plus appendices.
Hobbs, J., P. McNeese and C. Kruer. 2006. Pieces of the Real Florida Keys, Twenty -
Five Years of Habitat Restoration, 1981-2006, Keys Environmental Restoration
Fund. National Audubon Society, Miami, FL, 191 pp.
Key West, City of and Florida Audubon Society. 1986. The Key West Salt Ponds.
Prepared by , incl maps and photos.
Key West, City of. 1981. City of Key West Comprehensive Plan. prep. by Key West
Planning Staff and Regional Research Associates under contract to the Florida Dept. of
Comm. Affairs.
Monroe County Board of County Commissioners and URS Corporation. 2007. Draft
Environmental Assessment for Proposed Safety Area Improvements
U.S. Army Corps of Engineers and the USEPA, 1980. Memorandum of Agreement - The
Determination of Mitigation under the Clean Water Act Section 404(b)(1) Guidelines.
http:/Iwww.epa.gov/owow/wetlands/regs/mitigate. html
25
Attachment A
State a -ad lirederally Designated d Birds Observed in the Ivey West Salt Peads
Common Name
Scleretfc Name
Statue
Fla. Fish & Wildlife Us- Frsia &
Consen►atian Wildlife
Commission service
Roseate
A' a
orspec at conam
WMerrowned
ColumBa
iFreatene&
t.iUle blue hem
Egleffe c8andbe
Speraes of Spaded CanOetrt
lieddish 2gret
EUMNa U SMW
species of Speciet ca von
Srbmwewetthole
Species of Special Colrcern
TrkxAolmd he=
frkoW
i Species of SpecM Corcem
VRAS we
Eudodms am=
Species of SpeCiai Cornmn
Arclo R2MLIne falcon
FaW pme9ms&ndrw-OWeY
Endenger;d
or d Cow
Brown Eff n
Aelfm= ocpider eft
of Special Cwcem
Slack eiciumrter
Rh n'
%*Gies of special Owman
Leest lam
Stenm anh7lerern
-MMA ned
Roseate tem
5fema
ThreaWned _. T r�tertad
PR Painm mt Resident
Stu Sumaw Resident
i,VM WlnuwReadeutt
WV Winter Visitor I Satt Ponds Bird List
TV Transkmit Welton
LH Little Hamaca
i
Pied-bOled grebe •-- WET — rgpAv on Ponds wean end of akport in whnW — re=Iyfound to'bkeed is Keay
Weston gdfcoa+se I
Brown pelican -- PR -•- omnmonly seen Bye* or soaring over ponds, sometimes rests on paeels. t
l
Double -axed oormormt--PR— common txeedw, ofiau seeenfyft o , some I po i.
Green+acked heron —PR— notes broe4 no cokm ies fimand (OgniFcant rookery now at B14
Hole ift Big Pine). I
Anhinga PR — probably ftw asing, breengfor the t* tic in Lower Kays on RDif COMM, sevcraF
individual birds seen flying akw comb in my �.
Magnificent fifigs#ebird —PR — common overhead, especially in summer -
Great BhsJCrexat white Heron— PR— bold phases furly com mon,T breeding shmi
iricolor+edfieron — PR— wmm dy seem feeding is p omdsi _
LiWe, blue heron - PR -- not uncomimon on ponds
RaddM egret — PR — both phases not uncommon on ponds
Cattle egret —PR— often smelt groups on airport or local neighborhoods
Yellow -crowned nigU hewn --PR—breeds in tongroves on coast — uncommoWy sit on ponds.
Snowy egret — PR— co>aemon and possibly iuoraunqg on ponds
Grant — PR— common in poads4 flying over, sometimes in yards% roadsid� s
t
Wbke dais -.PR- common in floch in the vidnitp, often feeding in flooded lots or in yards.
Glossy ibis - TV - ooeasion d - in ponds= seen this year in vicinity (golf Comm, Nulty hospital graoad .
l Greaw fiambp —TV — gmced ponds mv%a Brisa for a few weeld end of I998.
jFtdvous whistliulg dtwk -- TV — sent once or twice on ponds west side ofairpnrt (none K years).
r Bhuo-winged teal -- WR --wily present on ponds in winter (up #n twenty or more birds).
Gaclwall -- WV— — irra dar, but sometimes shall flocks on ponds 4 winter or nugratiom
American. widgeon — WR — often a fear birds out ponds in winter I
Nonbern shoveller - WV — irregular, only vccasionaify spoi%d in vicin4 (regular ongolf course)
26
Red -breasted merganser - WR - the most oommon coastal ducts in our area, only a few birds seen on larger
Ponds -
American coot VVR - one of the most common wieiening swimming birds on bands. I
Common moorhen -PR- sees on ponds, apparently more common m other areas up the Keys.[
Turkey vulture -- FR -- though much more common in winter, flacks of &dreds in migration.
r Osprey- PR - common breeder, population increased by wintering birds_
Swallow-tailed kite - TV - early migrant in spring and fall, seen almost every year.
s 10ississippi kite - TV - unussW visitor, immature wintered consecutive years until 1998.
Bald eagle - PR - frequently seen over area, often perched on old missile towers, more qumerous � vr[ inter.
r Northern barrier - W V - ocmdond in migration. has been recorded on Big Pine Christmas eount.1
Sharp -shinned hawk - TV - often abundant during migrations, winter' resident further up Keys.
t Cooper's hawk - WR -- common mron as migration, presumably increasing su ter reshlecrt, "rosy life" feeding
on doves, perches in Australian pines (a & entrance to Government Road). �
Red -shouldered hawk PR- uncommon in area (more commit up Keys to Everglades), however, seen ini
LH summer 2000. s
t Broad--w hawk -WR - large fix;b in migration, common wintering raptor, common in Salt Pond I
area�."back-yard bid" feeding on roaches, etc. {
_t sm—d-Wled Hawk- WR - not ve oe inn Sa_ t7' 7i w&W,-almost a--back-yard bird" as above
you live on LH - both color phases occur, dark phase predominate-
E
Swainsoxes hawk — TV —small porpulafaon ofthis Westem raptor wutter in South Norida — birds thou t to
migrate down Keys and then tarn around - hocks of over 100 seen over my house fall 19WI r
t American kestrel - WR- the most common wintering hawk, feeds on lizards and bugs; most Conchs
familiar with this one. s
s Merlin - WR- occasional in winter, more common in migration, favcors open terrain, e g a- :,. t
_ q
Peregdne falcon -- WR -- a handful waster in lower Keys, (immature bird near akpart last waiter), i irge
E concentrations in migration (200 birds seen in a single day at Boot Key 1999).
Clapper rail - PR- seldom seen, frrsh4affed specimen on Riviera. Drive found jam year, s
r
Sora raft - TV -- not uncommon migrate. killed specimens fxtud in my, neaghborhoocl in recent rears.
BlaubelFced plover- WR-common on shorelrae, but no uncommon on ponds- � r
r Wilsan's pfiowra• - PR - occasionally with other sharebittsds on ponds,
s not known to breed (but mainly j
possible).
E
s Semip dmated plover- WR - regular visitor shoreline and ponds
Killdewr- WR - regular on grounds of airport driving winter motes.
E Black -new stilt - PR - seen only half a dozen tip in vicinity, aithou�h two present summer cf2000 inl
Key West (Navy grounds)- E
t Greater yellowlegs - WR - common on salt ponds, shows up m August
Lesw yellowlegs - WR - Common on salt ponds, more numerous thin Creator.
s Willet - PR - common in wk*w, breeds a few miles up Keys (e.g. Supdoa fl.1
Spotted sandpiper - PR - although only seed on ponds during migration (ray experience).
t Ruddyturnstone - WR - mom common on shoreline, a few times on ponds, non4 roedang birds may
summer. {
t Sandafft - WR --commoa on shoreline, may be seen flying over, seldom on ponds.I
Western sandpiper -- WR - common on beaches, occasionally on ponds. s
r
E Least sandpiper - PR - common on beaches occasionally an ponds.
Sernipa[mated sandpiper - PR - common on beached occasionally on pond( i . t
r
s Stilt sandpiper - WR - two individuals seen in soak ponds this fall Pifer for my wife)-1
Short -billed dowatcher - PR - not uncommon in winter.
(Laughing gull - PR -- our most common gull.
Rims billed gull --WR - common is winter, uncommon over ponds. E
11
Lesser blackb1-o l gull - WV- one adult seen ltatseboai avow #his past winter, probably ytra[i be increasing
in the area. ¢
E Royal tern --PR- common in the area,but ` r
E{ Least tune - 4R -most breed on of boiid��fr over � poems.
. F g-% equm* ,seen flying over ponds and somettime§ feeds
r in salt ponds.
Rod* dove - PR -- urban bud uncommon in Key West and (inRunately) seldom seen it my nigliiborltood.
Whit rowned pigeon - PR - more common in summer, feeds LH and local neighborhoods.I
2'7
Eurasian collared dove --- PA —spreading everywhere, food for hawks in winter.
i VMte,-winged dove — W V — a few individuals fund in my neigbborhood but (?) decreasing. j
Mourning dove- PR — common but badly outnumbered by collared doves. i
Common ground doge — PR— common is salt pond areas "hoVing its owe in Keys.
Yellow -billed cuckoo -- SR —seen as migrate Ida, breeds on golf course this year E
Smooth -billed ani — PR — distinctly uncommon to rare in loww Keys, although recorded on Gover Ment
Road a few years ago,•hopefully will show up again as planted vegetation grows up. It
i Clmck wiil's Widow —'WR — not uncommon in mig ratioa (seen this weer L, a few birds winter area of
Government Road.
d Common nighthawk — SR — common in airport area
Antillean nighthawk -- SR -- common in airport area, coveted by birders elsewhere.
Chimney swift— TV —not uncommon in small flocks in migration.
Ruby-foated hummingbird — WR — not uncommon in residential areas and salt ponds. �
j Belted kingftsher — WR — comma, shows ¢gyp in August, one present now Government Road.
Red -bellied woodpecker — PR -- common and conspicuous, having goad years since ash from {
{ Hurricanes.
Yellow -bellied sapsucker- UR —only ether woodpecker k IAr�iter Keys, quiet a$en goes cmaoti t and
cad,
- , -one n -in my yard this past wing _
Eastern phoebe — TV— ittl1equent migrant, but recorded LH this year.
Great-crimted flycatcher —PR —not uncommon might, breeder up the Keys heard" summerL� and4
possible future breeder here.
i
} Western kingbird — WR— uncommon, but a few individuals on wires this neighborhood this past winter.
Eastern kingbird — TV — common migrant, often in flocks. E
Gray kingbird — SR — seem to be doing well, common in residential neighborhoods and said'tm nds.
Scissor -tailed flycatcher -- WR — a fear is Key West each winter, some in area 1pf Government Road.
i Purple martin — TV --commas in migration (beginning in duly!) I
Barn swallow— PR — abundant as migrant, frequently coursing over salt ponds.
Bank swalbw — TV — uncommon, seen this year
Rough -winged swallow — TV — dmcammao, saes this year,
€
s Tree swallow — PR— common seism water visitor, not known to breed here. i
Cliff swallow — TV — uncommon: migrant
Blue-&W ginatcatcher — WR — very common as yearly migrant (August), sad winter resident.
Wood thrush — TV— imm ed LH (XZ) as mip*
Swainson's thrush TV -- recorded IR as migrant I
Cray-cheeked thrugh --TV - moorded LH as migrant i
Croy catbird — WR--. common in winW, several present LH and backyards in outer:
Northern mockingbird — PR — abundant in arm r
last spring
vireo — PR — common breeder a few miles up the Keys, seen here in �ian (several seen
PAS �• c
t Red -eyed vireo — TV — cocumou migrant (seen almost every year LID
Black whiskered vireo — SR — common breeding bird, but more numerous asp the K6 ys. �
€
€ Blue -winged warbler — TV— uncommon migrant, seen most of the last few }sears LH (or similar areas)_
i Orange -crowned warbler--- WR-- seers as migrant, probably winters �.
Northern pa mia. — WR — at times abundant as migrant, winter residentl
Yellow warbler— TV -- seen most years in migration, including L11 { €
€ Chesmat-sided warbler — TV — uncommon, but several seen. la#, year � ? iatdacasirzg in rsrigratacsM
j Magnolia warbler — Tip — fairly common transient, a few winter lower Keys
i Cape May warbler -- TV — fairly common MWarat, a few wirrt� JQWU Ke3,8-
Biack-th-ated blue warbler — TV common migrant, seen every year LEI, �
Yellow-fU mped warbler— WR— iiptive, at times abut ttt_
Black -throated green warbler — WR —more common in migration (?) present in winter mi
€ Yellow-throa cd warbler —WR — in my experience more comma as migrant, seen today in LIi
Pine warbler -- TV — recorded as migrant LH €
€ Prairie warbler -- PR — one of our most common breeding binds in the salt ponds, and numbers swell in theI
winter- {
Patin warbler — WR — the most abundant winte
ring warbler_
28
4
$ay4xeasted warbler - TV- 11sxosntrr4n migraDt,
seen off-Govemment AGad fall 1998..
Blackpoll vyarbler - TV - at times common migmat, mostly in the spring.
Black and white warbler --- WR— common in M mostly as migrant � I
American rO&Ust — WR — common migrant wd muxa non winter resident sail ponds
Prothonotary warbler — TV — seen in LH most y
Worm -eating warbler - TV - seen LH mod years-
Swwaiinson's warbler - TV -- uncommn migrant, seen LH twice in recent years_
Ovenbird - WR - common migrant
Northern vnaerthrush - WR - common migrant and occasional winter �,esident salt ponds.
i Louisiana waterthrush - TV - uncowon migrant, sow this week LRI
Kentucky warbler - TV - uncommon migrant, recorded Lid E
CConnectiiatt WKWer - TV - macommm migrant, recorded in fall from boardwalk LFLI
Common yeliowthroat - WR - at times abundant migrant, a few winter salt ponds.
f ed warbler -- d uwOm mOn migraast , re riled but apparedtly easier din sge� Pars
" esi�& ct-g-1 ' — TV — File e 11t$ fi 4 oF4 s.d. ' f E 1199.
f
Summer tanggcr-- TV-- o c sional inigraK has shown up its my front yard.[
-..I = let s'- i T �mx ommon mig� r riled ,_
Ntartl+ x - pK although comma ju-d ap the K�y�; ~d`::= ; nr�rl y e a€ed fi Key'
! Wept. A few birds are still found M j.H, and fwd ita my taclsyard, At least one � gling was seen thin
d
r summeu:
Blue grosbeak- TAT-incommor. migivAt, biA sometimes snail flocks in mig On-
Wigo bunting - TV - cmmton migrant]
Painted bursting - TV- uwomrmon migrant, minter visiterr. Fare seen themtir LH in minor a few birds
in. Key West chin lire wiate r none so far my barlcyard u f a*sly .(
dSavannah sparrow -- ice. - small flock occasional in v4ter
i Lark sparrow - TV - two individuals in my yard in fall.I
Chipping sparrow - TV - one seen in yard 1999. �
� t�
Bobolink - TV -- a flock in ,grassy area ofLH 1 _ 4
1 Red -winged blackbird PR - common breeding laird.
Common grackle -- SR- € omman and probably iamming mmmer bring bird. �
! 'iny eowbird - PR, - sporadic visitor, 5 birds in my Yard June 2 � 4 days).
' Baltimore oriole WR - uncommon transient, scarce winter resident.
d
A fear birds not on any list deserve mention. Several species of pails and and shorebirds am found in
the Key West area on the beaches or opm wat- but l We not sew them paver the salt ponds, Ibesej
:rclude herring and Bonaparte's g allrr, =dva r ns, black skimmers, knots, and durdins. 'ihe roseate!
tern hasabandoned Its nesting sites it' K6y Wcsk ay son rowatd. spou l .�; r0��-vcatt just
these aCk A
:�csio, r vas t hick i' on the � ds someday.is cTeect reed ta,
bred in L!-t in the past but not in reamt druea_ The ban y�csiCssTd i�a�''€iiE r b: a & ` miles up i o K�q
j 7iid ylot ir, Kcy v�rcr, as aka-: as i know. The Key West cruidi-nal story gives ate hope that somE
bird.g will movrnn to their ori� breeding grtmds if fDe habitat improves. � 'e is �vet�'rire pas5ivii�ty ;al E
( r�iDtrCidUGiFt ii lra VYrds tr tc CRt or4ii er ha= .- Ia' p4ger t (fo.r example, ?C MUi2t Of Y SST{ -St TJa:il '
'dove in Wildlife a the Florida Keys, by .lames Lawfi).i
Sincerely,
s
Mark Whiteside)
I President, FKA S
29
Attachment B
RESUME
Curtis R. Kruer - Consulting and Research Biologist
Address: P.O. Box 753
113 Wisconsin Creek West - shipping
Sheridan, MT 59749
Telephone: 406-842-7790, 406-842-7789 fax
Email Address: kruer(a?3rivers.net
Education: Bachelor of Arts. Jacksonville University, Biology, 1972
Master of Sciences. University of South Florida, Department of Marine Science,
Marine Sciences, 1977
Training, Experience,, and Expertise:
Coral reef ecosystem and benthic habitat mapping and assessment; aquatic resource
(wetland and riparian) and terrestrial habitat mapping; wetland delineation; aerial photo
interpretation; Geographic Information System map creation; restoration, enhancement,
and management of aquatic habitats; mitigation of wetland and shallow water development
impacts; water quality monitoring and assessment; ecology of tropical wetlands and shallow
water seagrass habitats; impacts of development on coastal habitats; environmental impacts
of boating on seagrass habitats; project management; environmental laws and regulations;
trial testimony as an expert and fact witness; threatened and endangered species; invasive
exotic vegetation; taxonomy and ecology of tropical reef fish; design, construction, and
monitoring of artificial reefs; freshwater wetland resources of the Florida Keys; commercial
diving; past member Florida Keys National Marine Sanctuary Water Quality Protection
Program, Technical Advisory Committee
Current and Recent Employment:
Contract work for government agencies, nongovernmental organizations, and private
industry as a consulting and research biologist with a focus on GIS habitat mapping and
natural resource conservation (e.g. Montana Fish, Wildlife and Parks, Montana Dept. of
Transportation, Montana Department of Environmental Quality, Gallatin Local Water
Quality Board, Beaverhead Conservation District, National Wildlife Federation, Everglades
Law Center, U.S. Department of Justice, U.S. Fish and Wildlife Service, U.S. Geological
Survey, National Oceanographic and Atmospheric Administration, Florida Marine Research
Institute, Florida Department of Community Affairs, Florida Natural Areas Inventory,
Camp, Dresser and McKee, Inc., KirK Environmental LLC, and private land owners). Vice
President of Coastal Resources Group, Inc., a nonprofit committed to conservation of coastal
marine resources.
30
Work Experience.
Research Assistant, Jacksonville University,1970-72
Graduate Assistant, University of South Florida, Department of Marine Science, St.
Petersburg, 1973-74
Research Assistant, University of South Florida, Department of Marine Science, 1974
Self-employed, commercial diving, Jupiter, Florida, 1975-76
Biologist, Wapora, Inc., Washington, D.C., Jupiter, Florida Office, 1976-77
Biologist, Florida Department of Environmental Regulation, Marathon,
Florida, 1977-79
Environmental Specialist, Florida Department of Environmental Regulation,
Marathon, Florida, 1979-1980
Biologist, U.S. Army Corps of Engineers, Big Pine Key Regulatory Field
Office, 1980-88
Assistant Scientist, Cooperative Wildlife Research Lab (Florida Keys),
Southern Illinois University, Carbondale, 1988-90
Manager, Florida Keys Environmental Restoration Trust Fund, 1990-1999
Self -Employed Consulting and Research Biologist, 1988 to 2007
Professional Affiliations:
Society for Conservation Biology
Society of Wetland Scientists
Association of State Wetland Managers
National Association of Environmental Professionals
Rocky Mountain Chapter Association of Environmental Professionals
Publications, Documents, Technical Reports, etc.:
Cairns, K. and C. Kruer. 1996. The restoration and management of the Keys West Salt Ponds.
Subcomm. On Managed Marshes, 3`d Workshop on Salt Marsh Management and Research
U.S. Fish and Wildlife Service, Vero Beach, FL.
CDM, Inc., KirK Environmental and C. Kruer. 2003. Beaverhead Watershed TMDL Draft Phase I
Assessment. Rep. prep. For Bcaverh. Watersh. Comm. and Montana Dept. of Env. pual.,
Helena, MT.
Folk, M.J., W.D. Klimstra, C.R. Kruer, and M.L. Folk. 1990. Special report: Key deer accessibility to
all of Big Pine. Rep. to U.S. Fish and Wildl. Serv., Atlanta, Go., 41 pp.
Folk, M.L., W.D. Klimstra, and C.R. Kruer. 1991. Habitat evaluation; National Key Deer Range,
Fla. Game and Freshwater Fish. Comm., Nongame Wildl. Prog. Proj. NG88-015, 366 pp.
plus appendices and map volume.
Hobbs, J., P. McNeese and C. Kruer. 2006. Pieces of the Real Florida Keys, Twenty -Five Years of
Habitat Restoration, 1981-2006, Keys Environmental Restoration Fund. National Audubon
Society, Miami, FL, 191 pp.
Kendall, M.S., C.R. Kruer, K.R. Buja, J.D. Christiansen, M. Finkbeiner, R.A. Warner, and M.E.
Monaco. 2001. Methods used to map the benthic habitats of Puerto Rico and the U.S.
Virgin Islands. NOAA NOS NCCOS CCMA Tech. Report 152. Silver Springs, MD, 45 pp.
31
Kendall, M.S., C.R. Kruer, K.R. Buja, J.D. Christiansen, E. Diaz, R.W. Warner, and M.E. Monaco.
2004. A characterization of the shallow -water coral reefs and associated habitats of Puerto
Rico. Gulf and Carib. Research, v. 16(2): 177-184.
Kendall, M.S., K.R. Buja, J.D. Christiansen, C.R. Kruer and M.E. Monaco. 2004. The seascape
approach to coral ecosystem mapping: an integral component of understanding the habitat
utilization patterns of reef fish. Bull. Mar. Science. v. 75(2):225-237.
Kruer, C. R. 1977. Final report for June, 1976 - May, 1977 field work - U.S. Environmental
Protection Agency 316 (b) Studies, Orlando Utilities Commission Indian River Power Plant.
Wapora, Inc., Wash., D.C. 68 pp. plus appendix.
------ 1977. Biological and water quality studies in the Indian River at the Indian River Power Plant.
Rep. to Wapora, Inc., Wash., D.C. 45 pp.
------ 1977. A study of the natural reefs off Tampa Bay, Florida Gulf Coast. Masters Thesis, Univ. of
South Florida, Dept. Marine Science, St. Petersb., 172 pp.
------ 1978. Background ecological data and literature search, Indian River Power Plant 316(b)
considerations. Wapora, Inc., Wash., D.C. 82 pp.
------ 1992. User impacts to shallow water resources of the Florida Keys. Procs. of First Ann. Coral
Reef Coalition Conf., Key West, FL, pp. 1.1-14.
------ 1992. An assessment of Florida's remaining coastal upland natural communities: Florida Keys.
Fla. Nat. Areas Inventory, Tallahassee. 71 pp. plus appendix.
------ 1993. Artificial reefs of the Florida Keys, in B. Horn, ed., Florida Artificial Reef Summit 1993.
Fla. Dept. of Env. Prot., Tallahassee, pp. 79-83.
------ 1993. Summary of water level monitoring, Parks B. Banks property, Big Pine Key, Monroe
County, Florida. Final Rep. to the U.S. Dept. of Justice, U.S. Attorney Office, Miami, FL, 23
pp.
------ 1994. Mapping assessment of vessel damage to shallow seagrasses in the Florida Keys. Final
Rep. to Florida Dept. Nat. Res. and Univ. So. Florida Inst. Oceang. F.I.O. Contract #47-10-
123-L3, 26 pp.
------ 1994. Boating impacts to seggrass habitats in Florida. in The Environmental Impacts of
Boating; Procs. of a Workshop held at Woods Hole Oceanographic Institution, December
1994, ed. By Crawford, R., N. Stolpe and M. Moore. Woods Hole Oceanogr. last., Mass.,
WHOI-98-03, pp. 32-39.
------ 1995. Assessment of seggrass restoration options in the Florida Keys. Rep. to U.S. Dept.
Justice, Env. Defense Sect., Wash. D.C., 17 pp.
------ 1995. Florida Keys Advance Identification Project, Wetland and Seasonal High Water
Delineation. Rep. to U.S. Env. Prot. Agency, Reg. 4, Atlanta, GA, 10 pp. plus attachments
and maps.
------ 1995. Florida Keys invasive exotic vegetation removal project, Phase I - mapping and
32
assessment. Rep. to Fla. Keys Env. Mit. Trust Fund, Fla. And. Soc., Trustee, Summerland
Key, Fl, 23 pp. plus appendices.
1997. Freshwater Wetlands. in The Florida Keys Environmental Story — A Panorama of the
Environment, Culture and History of Monroe County, Florida. Monr. Co. Env. Ed. Adv.
Conn., Big Pine Key, pp 43-45.
1997. Conserving Marine Life with Artificial Reefs. in The Florida Keys Environmental Story
— A Panorama of the Environment, Culture and History of Monroe County, Florida. Monr.
Co. Env. Ed. Adv. Coun., Big Pine Key, pp 260-261.
------ 1998. Background information and recommendations for an outreach and education program
to protect seagrass habitats from boating impacts in the Florida Keys National Marine
Sanctuary. Rep. prep. for the Seagrass Summit, Key Largo, Fl, 12 pp. + photos.
------ 1998. Port Pine Heights Wetlands Restoration Project, Rep. prep. for the National Key Deer
Refuge, Big Pine Key, Fl and the Fl. Dept. of Env. Prot., Ft. Myers, 19 pp + photos and figs.
------ 1999. Summary of the restoration of 1.4 acres of freshwater wetlands at the Shepard Tract on
Big Pine Key, Florida, 1986-1999. Rep. prep. for the Florida Keys Environmental
Restoration Trust Fund, Tavernier, FL, 13 pp. + photos.
----. 2001. A Report on Two Seagrass Restoration Projects in the Lignumvitae State Management
Area, Monroe County, Florida - Construction and Time Zero and Year One Monitoring.
Rep prep. for the Fla. Keys Env. Rest. Trust Fund, Tavernier. 36 pp.
2002. Evaluation of an in -lieu -fee wetlands mitigation program for the State of Montana. Rep.
prep for the Montana Dept. of Transp., Helena, 21 pp + attachs.
2002. An evaluation of capabilities of IKONOS high resolution color satellite imagery for
mapping shallow -water coral reef ecosystems in the U.S. Virgin Islands. Rep. to Nat.
Oceangr. and Atmosph. Admin., Silver Spring, MD, NOAA Contract No. 40AANC107350, 6
pp + tables.
2002. An evaluation of capabilities of Quickbird H high resolution color satellite imagery for
mapping shallow -water coral reef ecosystems in the U.S. Virgin Islands. Rep. to Nat.
Oceangr. and Atmosph. Admin., Silver Spring, MD, NOAA Contract No. 40AANC107350.
2003. Fishery data interpretation for the East Deer Lodge Valley, Montana. Rep. prep. for
KirK Environmental, LLC, Sheridan, 8 pp + maps.
2004. Aerial assessment and mapping of 303(d) listed impaired streams in the Beaverhead
watershed. Rep. prep. For CDM, Inc,. and the Montana Dept. Env. Qual., Helena, digital
GIS coverages and assoc. data.
�. 2004. Wetland and riparian mapping and prioritization for NAWCA proposal in the Madison
and Gallatin River Watersheds. Rep. prep. For Montana Fish, Wildlife and Parks,
Bozeman, MT.
2004. Development of the Fee Cost -Basis for In -Lieu -Fee Aquatic Resource Mitigation Projects
in Montana. Rep. prep. for Montana Fish, Wildlife and Parks, Bozeman, 18 pp +
attachments.
33
Kruer, C.R., T. Armstrong and P. Braisted. Invasive Exotic Vegetation Mapping in the Florida
Keys - 1996. Final Rep, prep. for the Florida Keys Invasive Exotics Task Force. 12 pp. + 71
maps and legends and CD-ROM.
------ and L. Causey. 1992. The use of large artificial reefs to enhance fish populations at different
depths in the Florida Keys. Natl. Mar. Fish. Serv. MARFIN # NA89-AA-HMF179, St.
Petersburg, 208 pp.
-----, R. Lewis, and R. Ehrig. 1999. Florida Keys Invasive Exotic Vegetation Removal Project -
Mupping and Assessment. Procs, of a Joint Conf. of the Florida Exotic Pest Plant Council
and the Florida Native Plant Soc., June 1998. Florida EPPC, Tallahassee, FL, pp 43-62.
-----, and J. Taylor. 1999. North Key Largo Invasive Exotic Plant Mapping and Assessment. in
Procs. of a Joint Conf. of the Florida Exotic Pest Plant Council and the Florida Native Plant
Soc., June 1998. Florida EPPC, Tallahassee, FL, pp. 67-80.
Lewis, R.R., and C.R. Kruer. 2006. Boating impacts to seagrass meadows and seagrass residents.
Pages 243-247 in Program and Presentations of the Boating and Waterways
Management in Florida meeting, Cocoa Beach, Florida, November 1-3, 2006.
Lewis, R.R., C.R. Kruer, S.F. Treat, and S.M. Morris. 1994. Wetland mitigation evaluation report -
Florida Keys bridge replacement. Rep. to the Fla. Dept. Trans., FL-ER-53-94, 88 pp. plus
appendices.
Lewis, R.R. III, C. R. Kruer, and A.B. Hodgson. 1999. Seagrass Distribution in Biscayne National
Park. Tech Rep. 99-388, prep for Biscayne National Park, U.S. Dept of later., Homestead,
FL by Lewis Env. Servs., Inc., Tampa, .FL, 13 pp + maps.
Lewis, R.R., A.B. Hodgson, M. Tooze, and C.R. Kruer. 2002. The distribution of seagrass and
benthic habitats westward of the patch reef system boundary of Biscayne National Park,
Florida, USA. In Greening, H.S. ed. 2002 Proceedings, Seagrass Management, It's Not Just
Nutrients! Symposium held August 22-24, 2000, St. Petersburg, Fl, pp. 125-132.
Lewis, R.R., A.B. Hodgson, P.L. McNeese, and C.R. Kruer. 2005. Rapid Ecological Assessment
(REA) (Phase 1) for Mangroves Within the Runway 07-25 Clear Zone, Naval Air Station
Key West (NASKW), Boca Chica, Monroe County, Florida (draft). Rep. prep. for U.S.
Navy, Key West, 38 pp.
McNeese, P.L., C.R. Kruer, W.J. Kenworthy, A.C. Schwarzschild, P. Wells, and J. Hobbs. 2005.
Topographic restoration of boat grounding damage at the Lignumvitae Submerged Land
Management Area, in Submerged Aquatic Habitat Restoration in Estuaries: Issues, Options
& Priorities, Mote Marine Laboratory, Sarasota, FL (in press).
Reid, J.P., C. Kruer, L.W. Lefebvre, H.I. Kochman, and W. Martinez. 1995. Distribution of radio -
tagged manatees in relation to near -shore habitats at Roosevelt Roads Naval Station, Puerto
Rico (abs.). Eleventh Biennial Conference on the Biology of Marine Mammals, Orlando,
FL.
Reid, J.P., and C.R. Kruer. 1998. Mapping and characterization of nearshore benthic habitats
around Vieques Island, Puerto Rico. Rep. To U.S. Navy. U.S. Geological Survey/BRD,
Sirenia Project, Gainesville, Fl I I pp. + maps.