Item L21` i 1 1
1 I '
Meeting Date: November 20, 2013 Division: _Growth Management_
Bulk Item: Yes X No _ Department: Land Steward
Staff Contact /Phone #: Beth Bergh / 289-2511
AGENDA ITEM WORDING: Approval of a contract with Garden & Forest, LLC to provide
biological consulting services for a habitat restoration project within Dagny Johnson Key Largo
Hammock Botanical State Park as mitigation for the construction of the Key Largo Wastewater
Treatment District wastewater treatment plant.
ITEM BACKGROUND: During the permitting of the KLWTD wastewater treatment plant, the US
Fish and Wildlife Service (USFWS) required payment of $718,504 in mitigation fees into the Monroe
County Environmental Land Management and Restoration Fund (Fund 160). The fees must be used to
restore a minimum of 4.2 acres of tropical hardwood hammock habitat on a USFWS-approved site on
Key Largo. The USFWS-approved project involves removing fill, structures, parking lots, and roads
within Dagny Johnson Key Largo Hammock Botanical State Park. The USFWS authorization for this
project requires a consulting biologist to perform endangered species monitoring throughout the
project. A Request for Quotes for a consulting biologist was sent to the two authorized biologists listed
in the USFWS's Biological Opinion. Garden & Forest, LLC provided the lowest quote for the project.
PREVIOUS RELEVANT BOCC ACTION:
Resolution 360-2005 — authorized the County Land Steward to take over and complete the mitigation
obligations of the Key Largo Wastewater Treatment District.
July 18, 2012 — BOCC approved an agreement between County and Florida Park Service which
authorizes County to complete mitigation work within Dagny Johnson Hammock State Park.
May 15, 2013 — BOCC approved a contract with Metric Engineering, Inc to provide project
management services for this restoration project
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS: Approval
Not to exceed
TOTAL COST: $25,000 INDIRECT COST: NA BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: NA
Not to exceed
COST TO COUNTY: $25,000 SOURCE OF FUNDS: Fund 160-52004
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty - 0 /Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGEN1 . ITEME
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Garden & Forest_ Li .C:
Contract Purpose/Description:
Contract with Garden & Forest, LLC to
Contract Manager: Beth Bergh
(Name)
for BOCC meeting on Nov 20. 2013
Contract #
Effective Date:
Expiration Date:
November 20, 2013
November 20, 2014
services for a
x2511 GM / Stop # 11
(Ext.) (Department/Stop #)
Benda Deadline: Nov 5, 2013
CONTRACT COSTS
Total Dollar Value of Contract: $ 25,000 Current Year Portion: $ 25,000
Budgeted? Yes® No ❑ Account Codes: 160-52004- - -
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ 0 /yr For:
(Not included in dollar value above) (e . maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Date In
Changes
Needed Reviewer
Yes❑ No❑
Date Out
Risk Managementf�
Yes❑ No
O.M.B./Purchasing
I I9 l
,�
Yes❑ No[d
O I3
County Attorney
01/
Yes No16
Comments:
Jffku lviul 1XUVIbCU LlzIIV1 LVI%—r fFG
AGREEMENT BETWEEN
GARDEN & FOREST, LLC
AND
MONROE COUNTY
THIS AGREEMENT (Agreement) is made this _ day of ,_______, 2013, between Monroe
County (COUNTY), a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida 33040 and Garden & Forest, LLC whose address is 6
Atlantic Drive, CR 905, Key Largo, Florida 33037 (CONSULTANT or CONTRACTOR).
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONSULTANT
to serve as consulting biologist for the restoration of native habitat at three locations, including
the Port Bougainville site, the Nike site and the Old Roads site, within Dagny Johnson Key
Largo Hammock State Park ("Park"), in North Key Largo; and
WHEREAS, the restoration project is in the public interest of Monroe County, including
residents and visitors; and
WHEREAS, the CONSULTANT has reviewed and agrees to comply with the
Agreement dated July 18, 2012, between COUNTY and Florida Department of Environmental
Protection, Division of Recreation and Parks (DRP) and take the provision of that Agreement
into consideration in any proposal, the Agreement is attached hereto and made a part hereof as
Exhibit "A"; and
WHEREAS, the CONSULTANT has reviewed and agrees to comply with the US Fish
and Wildlife Service's (USFWS) August 17, 2011 Biological Opinion (contained within Exhibit
A); and
WHEREAS, the CONSULTANT has agreed to provide the biological consulting
services which are defined in Exhibit `B", Scope of work;
NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the mutual
covenants contained herein, agree as follows:
SECTION I. SCOPE OF SERVICES and DELIVERABLES
CONSULTANT will provide biological consulting services to COUNTY as defined in Exhibit
"B", Scope of Work. Nadia Pakhomoff Spencer is identified as the authorized biologist who will
be conducting the work on behalf of the CONSULTANT. Any substitutions or additional
individuals must be pre -approved by the COUNTY.
The deliverables include reports as required by the USFWS and a written final project summary
submitted to the COUNTY. The CONSULTANT'S services shall be performed as expeditiously
as is consistent with professional skill and care and the orderly progress of the Project.
- 1 -
CONSULTANT will comply with all laws, ordinances, and governmental rules and regulations
which apply to its activities under this Agreement.
SECTION 2. COMPENSATION
The CONSULTANT shall be paid according to the table below. There are no reimbursable
expenses, including travel expenses. Any meetings CONSULTANT is required to attend will be
held in the Key Largo area.
Phase
Description
Type of
Fee
Payment
1
Review and comment on proposed scopes of work for
Fixed
$500.00
restoration contractor to minimize wildlife impacts
Price
(Includes site inspection)
Deliverable: written comments on recommendations for
project modifications
2a
On -site activities: monitoring and construction
Per Hour
$40.00
coordination for Project (includes any meetings Consultant
is required to attend
2b
On -site activities: small mammal trapping
Per Hour
$50.00
3
Preparation of Final Project Summary Report
Fixed
$3,000.00
Deliverables: reporting required by USFWS and final
Price
project summary report
Compensation for CONSULTANT'S Services under this Agreement shall not exceed Twenty-
five Thousand Dollars and no/cents ($25,000.00).
SECTION 3. PAYMENT
CONSULTANT shall submit monthly itemized invoices for payment. Invoices must contain
details including dates and times of on -site activities for the month. CONSULTANT shall submit
invoices to:
Monroe County Land Steward
2798 Overseas Highway, Suite 400
Marathon, FL 33050
The COUNTY'S performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Board of County Commissioners.
SECTION 4. PERIOD OF SERVICE AND TERMINATION
This Agreement shall become effective upon signature by all parties and shall continue in effect for
one (1) year or until the Project is completed. This Agreement may be extended by mutual
agreement of the parties. Either party hereto may terminate this Agreement upon giving seven (7)
am
days written notice to the other in the event that such other party substantially fails to perform its
material obligations set forth herein. Either party may terminate this Agreement without cause
upon giving thirty (30) days written notice to the other party. If the COUNTY utilizes this
provision, the termination shall supersede any obligation under Section 13. Termination expenses
shall be paid until date of termination and any additional services required in order to stop
performance of services, subject to audit for verification.
SECTIONS. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions,
Officers, and the Employees, and any other agents, individually and collectively, from all fines,
suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind arising
out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay
caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and
answerable for any and all accidents or injuries to persons or property arising out of its
performance of this contract. The amount and type of insurance coverage requirements set forth
hereunder shall in no way be construed as limiting the scope of indemnity set forth in this
paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to acts
attributable to the sole negligent act of the CONTRACTOR.
SECTION 6. INSURANCE
6.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. Professional Liability Insurance shall
also be maintained as specified. In the event the completion of the project (to include the
work of others) is delayed or suspended as a result of the CONSULTANT'S failure to
purchase or maintain the required insurance, the CONSULTANT shall indemnify the
COUNTY from any and all increased expenses resulting from such delay.
6.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of
VI or better, that is licensed to do business in the State of Florida and that has an agent for
service of process within the State of Florida. The insurance certificate shall contain an
endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of
said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and
shall be in a form acceptable to the COUNTY.
6.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. General Liability Insurance with the minimum limit of Three Hundred Thousand
($300,000) Combined Single Limit (CSL). If split limits are provided, the minimum
limits acceptable are: Two Hundred Thousand ($200,000) per Person; Three Hundred
Thousand ($300,000) per Occurrence; Two Hundred Thousand ($200,000) Property
Damage.
-3-
C. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and/or damages to property of others arising from use
of motor vehicles, including onsite and offsite operations, and owned, hired or non -
owned vehicles, with Fifty Thousand ($50,000) per Person, One Hundred Thousand
($100,000) per occurrence, Twenty Five Thousand ($25,000) Property Damage and
One Hundred Thousand ($100,000) Combined Single Limit.
D. Professional liability insurance of Three Hundred Thousand Dollars ($300,000) per
occurrence and Five Hundred Thousand ($500,000) annual aggregate.
E. Monroe County Board of County Commissioners and Florida Department of
Environmental Protection (DEP), Division of Recreation and Parks (DRP) shall be
named as additional insured with respect to CONSULTANT'S liabilities hereunder in
insurance coverage identified in Paragraphs B and C.
G. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY and Florida DEP as an
additional insured. The COUNTY reserves the right to require a certified copy of such
policies upon request.
SECTION 7. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Florida. Venue for any claim or action
of any kind shall be in Monroe County, Florida.
SECTION 8. NONDISCRIAGNATION
CONSULTANT and COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. CONSULTANT or COUNTY
agrees to comply with all Federal and local statutes and ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
-4-
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
G
Any notices sent by the parties shall be deemed to have been duly served if delivered in person to
the individuals and addresses listed below, or if delivered or sent by first class mail, certified,
return receipt, or by courier with proof of delivery. All written correspondence to the COUNTY
shall be dated and signed by an authorized representative of the CONSULTANT. The
correspondence shall be directed to:
FOR COUNTY:
Monroe County Land Steward
2798 Overseas Highway, Suite 400
Marathon, FL 33050
Roman Gastesi
County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
FOR CONSULTANT/CONTRACTOR:
Nadia Pakhomoff Spencer
PO Box 726
Key Largo, Florida 33037
SECTION 10. NQ THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
SECTION 11. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
MZ
SECTION 12. AUTHORITY
Each party represents to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and Consultant action, as required
by law.
SECTION 13. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties. If the
issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the
right to seek such relief or remedy as may be provided by this Agreement. COUNTY and
CONSULTANT specifically agree that no party to this Agreement shall be required to enter into
any arbitration proceedings related to this Agreement.
SECTION 14. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bonafide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall have the right to terminate this Agreement without liability and,
at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
SECTION 15. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection
of, all documents, papers, letters or other materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and
CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR.
SECTION 16. NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor
shall any contract entered into by the COUNTY be required to contain any provision for waiver.
ME
SECTION 17. COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance un er
this Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement.
SECTION 18. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
SECTION 19. EXECUTION
This Agreement, including any exhibits included herein, constitutes the entire Agreement between
CONSULTANT and COUNTY, and supersedes and controls over all prior written or oral
understandings. This Agreement may be amended, supplemented or modified only by a written
instrument duly executed by the parties.
SECTION 20. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace
Statement.
SECTION 21. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
SECTION 22. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original, all of which taken together shall constitute one and the same instrument and any
of the parties hereto may execute this Agreement by signing any such counterpart.
SECTION 23. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
SECTION 24. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor
and not an employee of the Board of County Commissioners. No statement contained in this
agreement shall be construed so as to find the CONTRACTOR or any of his/her employees,
contractors, servants or agents to be employees of the Board of County Commissioners for
Monroe County. As an independent contractor the CONTRACTOR shall provide independent,
professional judgment and comply with all federal, state, and local statutes, ordinances, rules and
regulations applicable to the services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan,
supporting data, and other documents prepared or compiled under its obligation for this project,
and shall correct at its expense all significant errors or omissions therein which may be disclosed.
The cost of the work necessary to correct those errors attributable to the CONTRACTOR and
any damage incurred by the COUNTY as a result of additional costs caused by such errors shall
be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official
records, contracts, or other data that may be provided by the COUNTY or other public or semi-
public agencies.
SECTION 25. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall
be valid and binding upon the parties. One or more waivers by either party of any provision, term
or condition shall not be construed by the other party as a waiver of any subsequent breach of the
same provision, term or condition.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
IN WITNESS WBEREOF, the parties hereto have entered into this Agreement as of the day and
year fast written above.
ATTEST:
AMY BEAVILIN,
Deputy Clerk
(I
BOARD OF COUNTY COMMISSIONERS
CLERK OF MONROE COUNTY
Mayor George Neugent
Nadia Pakhomoff SpEcerr
Print Name Date:
(2- I
Print Name
i
COKSRJfiVLJ &01'93iSt
DIRP gives the County and its respective employees, contractors, subcontractors and agents
permission to enter upon the Property . perform and undertake the ProjectAgreement *-
Agreement: North Key Largo Mitigation Project
In the event that an�,L �iyute arises Pi7-r--faW - ap. t� F,;E-Um
County agree to attempt to resolve the issues by meet and confer sessions between representatives of
each • the •
No work shall commence until after sunrise and Must be completed by sunset, unless such work is
coordinated with and approved by the park manager of Dagny Johnson Key Largo Hammock Botanical
State Park ("Park •`
DRP and its duly authorized agents retain the right to enter the Property or to engage in management
activities not inconsistent with the use herein provided.
3. UABILI . The County shall assist in the investigation of injury or damage claims either
for or against DRP or the State of Florida pertaining to the County's respective areas of responsibility
under this Agreement or arising out of the County's respective management programs or activities and
shall contact DRP regarding the legal action deemed appropriate to remedy such damage or claims.
Nothing in this Agreement extends the waiver of sovereign immunity above the statutory limits of
Section 768.28, Florida Statutes, for either party.
5. NOTICE. The ♦ or its contractors shall contact the Park Manager at the below
listed addresses prior to commencing any activities at the Property and any and all correspondence
shall either be hand delivered or sent via certified mail, return receipt requested.
Vir-TiTiu.
Paul Rice, Chief
Agreement: North Key Largo Mitigation Project
Pat Wells, Park Manager
Dagny Johnson KL Hammocks State Park
• • Pennekamp Coral Reef State Park
P.O. .• 487
Key •• FL 33037
Marathon, FL 33050
(305)289-2511
6. COMPLIANCE WITH -LAW_S. The County will comply with all laws, ordinances, and
governmental rules and regulations which apply its activities on the Property. DRP will obtain all
necessary perrnits and/or authorizations as may be required by the regulatory agencies.
7. TITLE. DRP neither warrants title to the Property nor guarantees the suitability of the
Property for any particular use.
8. VENUE. Venue for any suit or action shall be in Monroe County, Florida.
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10. COOPERATION. In the event any administrative or legal proceeding is institut
against either party relating to the formation, execution, performance, or breach of this Agreement, t
parties agree to participate, to the extent reasonably required by the other party, in all proceeding
hearings, processes, meetings, and other activities related to the substance of this Agreement
provision of the services under this Agreement. The parties specifically agree that no party to th
Agreement shall be required to enter into any arbitration proceedings related to this Agreement or a
attachment or addendum to this Agreement.
11. COVENANT OF NO INTEREST. This Agreement constitutes permissive use only. Th
County agrees that it does not and shall not claim at any time any right, title, interest or estate of a
kind or extent whatsoever in the Property by virtue of this Agreement or its occupancy or us
hereunder.
12. NO SOLIC ITATI ON/PAYM ENT. The parties represent that, in respect to itself, it ha
neither employed nor retained any corrI or -o.,:�,rso o - '11'rr-11WIL! U6 i - x -Mgt�
r it, to solicit or secure the Project and that it has not paid or agreed to pay any person compan
corporation, individual, or firm, other than a bona fide employee working solely for ii, any fe
'W c an m y pa
n n fe
commission, percentage, gift, or other consideration contingent upon or resulting from the, award o
making of the Project.
13. PUBJC-ACCESS err f th
_LO RECORDS. The parties shall allow and permit members of th
public reasonable access to, and inspection of, all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties i
conjunction with this Agreement.
i
(a) Either party may terminate this Agreement for cause in the event the other party fails to abide by
the terms hereof, if, after written notice delivered to the defaulting party, the defect is not corrected
within 30 days.
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15. AUTHORITY. Each of the signors below represents that he has the authority to executz
this Agreement on behalf of his respective agency or commission.
16. RESPONSIBILITY FOR MAINTENANCE. Upon completion of the Project by the County
and its contractors, DRP shall be responsible for the maintenance and management of the Project.
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first
above written.
Witness Signature
-6t'l
Printed/Typed Name of Witness
e, Chief, Bureau of Parks,
District 5
The foregoing instrument was acknowledged before me this day of 2012, by
Paul Rice, Chief, on behalf of the Bureau of Parks, District 5, Divis—ion of Recreation and Parks, State
9orida Department of Environmental Protection. He is?,�psonally kno o, me.
Public, State of Florida
I . --,,-# -to .- : .. M W .1 - 0 -
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Print/Type Notary Name
Commission No.:--C- ig
Commission Expires: 1
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i KeY Largo Restoration Project
Introduction
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(
There are three main site locations included in this restoration project; port
Bougainville, the Nike Radar Site, and the North Key Largo Roads (old CR 905 and Card
Sound Road).
All sites in this project are located within North Key Largo which encompasses
the area north of the intersection of US Highway 1 and CR 905. The majority of North
Key Largo is currently in public ownership, preserved as conservation land. The US Fish
and Wildlife Service's Crocodile Lakes National Wildlife Refuge is located west of CR
905 while the Dagny Johnson Key Largo Hammock Botanical State Park is located east
of CR 905. A few private parcels are scattered on either side of CR905. The project sites
are located within the Botanical State Park. These areas are dominated by hardwood
hammock, salt marsh, and mangrove wetland natural communities, although the majority
of the areas to be restored in the project are within hardwood hammock. There are small
sections of transitional zone habitat located at both the Port Bougainville site and the Old
Roads site.
General Project Description
The main purpose of this project is to restore the areas to historic natural
elevations without disturbing areas that have satisfactorily succeeded to expected natural
communities. All building structures will be removed and areas scraped down to a more
natural grade to match surrounding natural community structure. All roads, sidewalks,
parking areas, and game courts will be broken up and removed. All "clean fill" from the
demolition will be sent to either the entrance channel at Port Bougainville or Carysfort
Marina both of which are currently under restoration and are permitted to receive clean
fill material. `Clean fill' is considered clean lime -rock fill (free of contaminants),
concrete rubble (smaller than 4 feet, no rebar protruding no further than 6", no paint or
coating not approved by , brick, crushed glass, PVC (chipped to smaller than 6"),
clay roof or floor tiles and ceramic floor tiles free of sealants. Other material including
wood, metal, asphalt, etc will be removed from the site and disposed of at a permitted
waste facility.
am, N
Site
Lengib
Width
Area
Road Remaining
Restored
Old Card Sound Road
�Leh X �,
Section A
Hammock
6,380
25
159,500
63,800
95,700
Section B
Hammock
Section C
3,943
20
78,860
39,430
39,430
I larnmock
Transitional one
3,276
20
23
23
75,348
32,760
42,598
Old CR 905
460200
260
Hammock
2,268
25
56,700
22,680
34,020
Tramitional Zone
1,415
25
35,375
14,150
21,225
Totals
Hammock
Transitional Zone
15,867
1,435
3704408
158,670
211,738
35,835
14,350
21485 ,
Summary
In total the proposed restoration project will restore approximately 13.46 acres of
hardwood hammock and 0.64 acres of transitional zone habitats.
Permitting Conditions
The following agencies may require permit authorization of the proposed restoration
project: US Fish and Wildlife Service, South Florida Water Management District, US
Army Corps of Engineers, DEP Regulatory, Monroe County, NOAA Florida Keys
National Marine Sanctuary, Monroe County Department of Health, and Department of
State — Historic Resources.
Contractor Considerations
The selected Contractor will be supplied with a detailed scope of work and copies of all
permits. Additionally, State Park personnel will conduct a pre -construction meeting with
the Contractor to review all permit conditions and to discuss site considerations. Park
personnel will provide project oversight throughout the entire project.
Site Access
Port Bougainville site: Access will be available via a dirt road located on the ocean side
of CR 905 at power pole 240. Vegetation along the access road will be trimmed by Park
staff to allow one -lane transit.
Old Road site: Access will be available via dirt/paved road on the ocean side of CR 905
at power pole 90. Vegetation along the access road will be trimmed by Park staff to allow
one -lane transit.
Nike Radar Site: Access will be available via dirt/paved road on the ocean side of CR 905
at power pole 90. Vegetation along the access road will be trimmed by Park staff to allow
one -lane transit.
Listed Species Considerations
Key Largo Woodrat
The Key Largo woodrat (Neotoma floridana smalh) is a federally endangered
species that is found within North Key Largo hammocks. According to the USFWS
Multi -species Recovery Plan for South Florida, the remaining hardwood hammock
habitats are critical for the survival of the Key Largo woodrat. The Plan also states that
habitat restoration is a priority action necessary to protect and conserve the remaining
woodrat population.
In consideration of the potential for woodrat occurrence at the project sites, a
presence/absence trapping event will occur at all project areas in accordance with
USFWS trapping protocals (Appendix 1). Project guidelines may be modified for those
areas where woodrats are found.
Post construction Monitoring and Success Criteria
Once final elevations are achieved, the restoration area will be permanently
delineated with corner markers and the boundary will be identified using GPS. This site
will be monitored using photo points established prior to construction. Additionally, the
site will be periodically monitored by Park personnel for the presence of invasive exotic
vegetation.
Appendix I: USFWS Trapping Protocols
Appendix 2: List of property locations.
i
TRAPPING PROTOCOL TO DETERMINE PRESENCE OF
' 1`
This protocol is to be used when trapping to determine presenceJabsence of the Key Largo
woodrat (KLWR) and Key Largo cotton mouse (KLCM) in a given area.
1. Individuals conducting the trapping should have a permit and previous experience in
live trapping small mammals (or be trained by an experienced person). They must also
be able to identify any species that may he captured during the trapping event.
2. Surveys should include all potential KLWR/KLCM habitats within the area and, if
landowner permission can be obtained, adjacent lands with potential KLWR/KLCM
habitat.
3. Trapping should be conducted over the entire project area using a grid system of
Sherman live -traps spaced at 10-15 meter intervals.
4. Traps should be set for four consecutive nights per trapping season or until an
individual of each species is caught. Unexpected drops in temperature may cause a
disruption in consecutive trapping nights.
5. Trapping will not be conducted when nighttime temperatures are forecast to be <600 F.
If temperatures are forecast to be in the mid to low 60's, cotton balls (4-5) will be placed
in the trap along with the bait.
6. Bait should consist of crimped oats and any combination of the following ingredients:
peanut butter, grapes, apples and/or sunflower seeds.
7. In areas where fire ants are present, 10% Carbaryl (Sevin) dust will be placed
immediately under the traps so that KLWRs/KLCM will not come in immediate contact
with it. Other approved methods will be considered.
8. Traps should be checked and all KLWRs/KLCM released no later than 3 hours after
official sunrise.
8. Upon capture of a KLWR or KLCM, authorized personnel identified by the Service
will be contacted immediately.
Hobgood.5.2005
9. All captured individuals shall be handled for as briefly as possible in a humane
manner during the time it takes to tag, examine, identify, and collect necessary biological
samples. OPTIONAL: All KLWRs captured in the wild will have blood samples taken
by authorized personnel for genetic analysis. PIT (passive -induced transponder) tags in
conjunction with ear tags will be used for individual woodrat identification and such
identification will be applied by authorized personnel. All KLW M shall be
released at their point of capture, if possible.
10. Any black rats (Ratters rartus) captured during woodmt trapping will be euthanized
humanely. If raccoons are disturbing traps (determined by missing bait or closed traps),
the Service will be contacted and an appropriate method for minimizing trap disturbance
will be implemented. If raccoon trapping is deemed necessary, the raccoons will be
trapped using appropriately sized traps (e.g. Tomahawk). Domestic cats are to be
released on the perimeter of the study area near residences and any feral cats captured in
the traps will be brought to the local animal shelter.
11. Presence of KLWRs/KLCM can be documented in a single trapping period. To
determine absence, traps shall be operated seasonally (fall, winter, spring, summer) for
two years.
12. Site description and trapping data should be recorded. Site description should include
GPS location and property Real Estate number, habitat on the project area and adjacent
lands, and trapping design relative to habitat distribution. Daily trapping data should
include number of KLWRs/KLCM trapped per day, non -target species, and lost or
mussing traps. Complete and verified data will be delivered via CD-ROM (preferred)
and/or by software compressed (zipped) file. All digital and hardcopy information that is
part of the project must be included in the final report (i.e. GIS data, reports, me
photos, and other supporting materials). Sex, age, and reproductive status of Key Largo
cotton mice will also be reported. All trapping information should be submitted to the
following offices:
Winston Hobgood
U.S. Fish and Wildlife Service
1339 2& Street
Vero Beach, Florida 32960
Jeffery A. Gore, Ph.D.
Fish and Wildlife Research Institute
Florida Fish and Wildlife Conservation Commission
3911 Highway 2321
Panama City, Florida 32409 USA
Pat Wells
Pennekamp State Park
2 Hobgood 2005
P.O. Box 487
Key Largo, FL 33037
Ernest A Cowan
Florida Park Service
13798 S.E. Federal Highway
Hobe Sound, FL 33455
Steve Klett
Crocodile Lake National Wildlife Refuge
P.O. Box 370
Key Largo, FL 33037
Cindy Schulz
U.S. Fish and Wildlife Service
South Florida Ecological Services Office
1339 2& Street
Vero Beach, FL 32960-3559
AA •
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Swth Florida Ecol.1w Some" Office
S,
133920 treat
Vero Bewb, Florida 32960
AUBMI 17,2011
Pat Wells
Florida Department of Enviromental Protecdon
John Pmekamp Cm-W Reef State Park
Post Office Box 487
Key Largo, Flofida 33037
ANKC4Mt; John Nnnekamp Coral
Reef State Pa&
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4L
This BO is based on information provided in the Park's October 21, 2010, information package,
email messages, telephone conversations, site visits, and other sources of information. A
complete administrative record of this consultation is on file at the South Florida Ecological
Services Office, Vero Beach, Florida.
� t 1 Y 1 1 " I LLa
On October 21, 2010, the Service received the DEP's request for consultation on the proposed
Project.
As of June 23, 2011, we have received all the information necessary for initiation of formal
consultation on the KLWIR and the KLCM as required in the regulations governing interagency
consultations (50 CFR § 402.14). The Service is providing this Biological Opinion in conclusion
of formal consultation.
11.) C13 1 f► A a
DESCRIPnON OF PROPOSED ACTION
The Project purpose is to restore historic natural elevations and vegetation on 19.07 acres at three
previously developed, and now abandoned, sites in the Dagny Johnson Botanical State Park in
North Key Largo (Table 1, Figure 1). The three sites proposed for restoration are: the Port
Bougainville Site (Figure 2), the Old Roads site (Figure 3) and the Nike Radar Site (Figure 4).
Previous development includes roads, structures, fill and excavations.
The sites are located within the Park in North Key Largo, which encompasses the area north of
the intersection of US Highway 1 and County Road (CR) 905. The majority of North Key Largo
is in public -ownership and preserved as conservation lands. The Service's Crocodile Lake
National Wildlife Refuge (CLNWR) is located west of CR 905, while the Park is located east of
CR 905. A few private parcels are scattered on either side of CR905. The dominant natural
communities are hammock, salt marsh, and mangrove wetland. The majority of the areas to be
restored are within hammock. There are sections of transitional zone habitat located at both the
Port Bougainville site and the Old Roads site.
DEP proposes to:
* Restore 13.31 acres of disturbed hammock, 5.12 acres of disturbed wetlands to hammock
and 0.64 acre of wetland transition zone habitat, totaling 19.07 acres.
* Break up and remove all structures (except one historic radar tower), roads, sidewalks,
parking areas, game courts and other previous development and scrape down to a natural
grade, matching the elevations of surrounding natural communities.
* Remove fell and transport all clean fill* from the demolition to either the entrance
channel at Port Bougainville or Carysfort Marina, both of which are currently under
restoration and are permitted to receive clean fill material. Other material including
wood, metal, asphalt, etc. will be removed from the site and disposed of at a permitted
waste facility.
P
• Plant the "Restaurant do Tunnel" location, within the Port Bougainville Site, with native
vegetation stock grown in the Park's native plant nursery. Natural recruitment is
expected to occur rapidly in the other areas.
• Remove and maintain control of invasive exotic vegetation.
• Monitor restoration and revegetation of the proposed sites.
• Conduct small mammal trapping on all Project areas in accordance with Service trapping
protocols (Enclosure) and, in consultation with the Service, modify Project guidelines if
necessary where KLWRs or KLCMs are found.
*Clean, fill is defined as clean (free of contaminants) lime -rock fill, concrete rubble f(smaller
than 4 feet, no rebar protruding more than 6 inches, no paint or coating not approved by the
Florida Keys Environmental Restoration Fund (KERF)J, brick, crushed glass, PVC (chipped Jr)
smaller /han 6 inches), clay roof or floor tiles and ceramic, floor tiles free of sealants.
Table 1. Proposed habitat restoration.
Site
Hammock
Acres
Transitional Zone
Acres
DisturbedTotal
Wetlands
Port Bougainville
6.16
0.15
5.12
11.43
Old Roads
4.86
0.49
0
5.35
Nike Radar
2.29
0
0
2.29
Total
1331 1
0.64
5.12
19.07
In determining the action area for the KLWR and KLCM for this BO, the Service evaluated the
extent that these species may be affected. About 19.07 acres of hammock and transitional
wetlands at three previously disturbed sites will be restored (Figure 1). No measureable impacts
outside this area were identified. Therefore, the Service's defines the action area for the KLWR
and KLCM. as the combined footprints of the 19.07-acre Project.
The sections that follow summarize the status of KLWR and KLCM across their entire range and
the status of critical habitat, where applicable. These summaries provide biological and
ecological information relevant to the analyses in the Effects of the Action section that follows.
Key Largo woodrat
The KLWR is a subspecies of the eastern woodrat (N., flvridana), a species widely distributed in
the eastern United States. The KLWR is gray -brown with white underparts, and has large ears,
protuberant eyes, and a hairy tail. The body length ranges from 4.7 to 9.0 inches, the tail length
ranges from 5.1 inches to 7.4 inches, and the hind foot length ranges from 1.3 inches to 1.5
inches (Service 1999).
3
Critical habitat has not been designated for this species. Therefore, no regulatory description is
provided here.
1IRU3 l'T
Distribution and Habitat: The KLWR is endemic to the hammocks of Key Largo (Service 2008).
Historically, the KLWR occurred throughout Key Largo south to near Tavernier, but the species'
present range includes only the northern portion of Key Largo (Frank et al. 1997). About 2,498
acres of suitable woodrat habitat occur within this range, and a total of 2,188 acres (88 percent)
are currently protected for conservation purposes. Woodrats are active climbers, and often climb
along fallen trees to move across the forest floor. Moreover, woodrats appear to establish and
use trails within their home range (Service 1999).
The KLWR, like other members of the genus Neotonm, builds large structures as nests and
shelters. The structures are comprised of sticks, twigs, and various other objects and assembled
into mounds that can reach 4 feet high and b to 7 feet in diameter. Woodrats frequently locate
these structures adjacent to tree stumps, fallen trees, or boulders and may use old sheds,
abandoned cars, rock piles, and machinery as shelter and nest sites. Structures generally consist
of a central chamber and may have several entrances. Normally, only one adult woodrat inhabits
a structure, and a single woodrat may build and use several structures over its lifetime.
Goodyear (1985) found that KLWRs occurring within some areas of North Key Largo did not
build structures, although she noted nest and shelter sites located within rock crevices contained
at least a few sticks placed at the nest entrance. In the late 1990s, Frank et al. (1997) reported
that stick structures were no longer observed on North Key Largo.
Miscellaneous Life History Information: The KLWR is herbivorous; its diet consists of a variety
of leaves, buds, seeds, and fruits. Woodrats can reproduce year round, although, reproductive
activity has been observed to be greatest during the summer. The KLWR usually gives birth to
two young per litter, but litter size can range from one to four young. Female woodrats may
produce two litters per year. Both sexes of the KLWR reach sexual maturity in about 5 months.
The KLWR is believed to have a short life span. Based on the known life spans of other
subspecies of N. florvdana, the life expectancy of the KLWR is likely 1 to 3 years (Service 1999).
Habitat managenwnt
Historically, the management of KLWR habitat on North Key Largo was limited to the
maintenance of mature hammock vegetation. However, more recent management efforts have
included the installation of artificial cover and nesting structures. For example, the Service
enhanced woodrat habitat at the abandoned "Nike Missile" site within the CLNWR in 2004.
Concrete buildings at the site were demolished, and piles of rubble and large rocks were
constructed to provide cover and nest sites for the KLWR. In 2005; refuge volunteers began
experimenting with the placement of artificial structures (comprised of rocks, sticks, artificial
materials, etc.) to provide additional nesting sites and shelter for the KLWR within the CLNWR.
In 2008, more than 150 artificial structures had been installed within the CLNWR. Potts (2008)
reported that about 33 percent of these structures were being used by woodrats. As of January
2010, more than 300 artificial nesting and shelter structures have been installed within the
CLNWR (S. Klett, personal communication).
4
Past studies to monitor the population size of the KLWR vary y with respect m me •and
trapping effort. Therefore these studies should not be considered as replicate samples of the KLWR
population. However, since each monitoring study provides information on the relative abundance
of the KLWR, the studies can be used collectively to roughly assess the population trends of the
KLWR. Based on the monitoring data, it does appear that the size of the KLWR population may
have declined from levels observed 20 to 30 years ago (McCleery et al. 2006; Winchester 2007), and
may currently be precariously small. Frank et al. (1997) suggests the substantial decline in KLWR
population occurred sometime in the late 1980s and early 1990s. The following discussion
summarizes the information available from past monitoring efforts and studies of the KLWR.
In 1952, anecdotal evidence suggested the KLWR occurred on Key Largo, but was most
abundant on the northern end of the island. As discussed above, the KLWR builds nesting and
sheltering structures out of sticks, and the presence of these structures can be used as an index of
KLWR abundance in an area. A survey of a site in North Key Largo documented 40 stick nests
within a site located adjacent to CR 905 approximately 4 miles north of its intersection with U.S.
Highway 1 (Service 2003).
In 1970, an effort was made to reestablish the KLWR within Lignumvitae Key Botanical State
Park by relocating a total of 19 KLWRs (10 males and 9 females) from North Key Largo (Brown
and Williams 1971). The introduction was apparently successful based on the stick nests
observed in the area by Hersh (1978) and park rangers. Panic rangers reported observing stick
nests on Lignumvitae Key until about 1986.
Hersh (1978) studied the KL in North Key Largo during 1976 and 1977. Hersh (1979)
reported a density of 0.9 woodrat per acre, and reported stick nests were common and could be
used as a general indicator of woodrat presence. Hersh (1978) developed an index of 5.6 stick
nests per woodrat, and observed mature hammocks supported the highest densities of the KLWR.
In 1979, Barbour and Humphrey (1982) surveyed the KLWR in Key Largo and estimated there
were 3,666 KLWR stick nests and 645 individual KLWRs within a 222-acre study area. These
estimates were based on live trapping using 40 strip transects established within habitat adjacent
to CR 905. Barbour and Humphrey (1982) also found KLWRs on Lignumvitae Key at
comparable densities to those on North Key Largo, and estimated 85 KLWRs occurred on the
island at a density of 0.9 per acre. Barbour and Humphrey (1982) concluded KLWR density was
highest in mature forests, and active stick nests were strong indicators of healthy KLWR populations.
In May and June of 1985, Goodyear (1985) conducted live trapping for the KLWR at 15 sites
within hammock habitat in North Key Largo. A total of 59 individual KLWRs were captured
during the survey, Goodyear (1985) observed the KLWR was found in areas with and without
stick nests. Goodyear (1985) also concluded the following: 1) woodrats are not dependent on
stick nests as shelters; 2) stick nest construction is based on habitat conditions, and habitats with
abundant natural cover were observed to contain fewer stick nests; 3) disturbance could benefit
woodrats in habitats with few natural cavities such as recently cleared early successional sites; and
4) older hammocks with increased structural complexity appear to be optimal woodrat habitat.
5
From March through May in 1986, Humphrey (1988) surveyed six sites in Key Largo for the
KLWR. A total of 129 individual KLWRs were captured during the study. Humphrey (1988)
reported a mean density of 1.3 KLWR per acre for sites in the north end of Key Largo, and a
higher density of 4.9 KLWR per acre for sites farther south, but still in north Key Largo.
Humphrey's (1988) woodrat densities were 7 times greater than densities reported by Hersh
(1978) and 3 times greater than the densities previously reported for other subspecies of the
eastern woodrat (Finch and Rainey 1956). Humphrey (1988) also concluded that stick nests
were poor estimators of KLWR density and tended to underestimate density. Extrapolating
average density over acres of habitat available, Humphrey (1988) estimated a population of
6,500 KLWRs in North Key Largo.
Frank et al. (1997) conducted a live trapping survey of the KLWR within North Key Largo
during January through May of 1995. Live traps were places within 48 transects (each 250 meters
in length), and 4 165-meter by 165-meter trapping grids. Frank et al. (1997) found densities of
the KLWR had declined significantly from those reported by Humphrey (1988). A total of only
42 individual KLWRs were captured during the study. Moreover, stick nests were virtually
absent from the areas surveyed. Frank et al. 0997) expressed concern that low densities coupled
with the absence of stick nests could indicate significant declines in the KLWR population, and
suggested that intensive monitoring and management be initiated by State and Federal land
managers. Since 1997, the KLWR has been absent on Lignumvitae Key as evidenced by both
trapping and lack of sign (Greene 2007).
Sasso (1999) monitored the KLWR from July 1996 through April 1998, using the same trapping
locations and methods used by Frank et al. (1997). Sasso (1999) observed woodrat densities and
stick nest numbers similar to those reported by Frank et al. (1997). Sasso (.1999) concluded
intermediate -aged hammock may provide better habitat conditions for woodrats than old, mature
hammock, and suggested a possible role for natural disturbance (e.g., hurricanes) in maintaining
optimal woodrat habitat.
From 1998 to the present, monitoring of the KLWR has been conducted at the CLNWR by
CLNWR staff and others, using live traps arranged in both grids and transects. In April 2002,
the Service estimated a population size for the KLWR of 200 individuals (Service 2003).
Trapping initiated in January 2002 by McCleery (2003) documented low numbers of KLWRs
and a high mortality rate of radio -collared individuals. McCieery (2003) trapped 60 randomly -
established plots on North Key Largo, and captured 10 individual KLWRs, a capture success rate
of 17 percent. In October 2002, McCleery estimated a population size for the KLWR of less
than 90 individuals (Service 2003).
In 2005, Winchester (2007) conducted live trapping for the KLWR within the CLNWR and the
Dagny Johnson State Botanical Park. Winchester (2007) captured a total of 7 KLWRs on 7 of
40 randomly placed grids, a capture rate of 18 percent.
Potts (2008) also conducted live trapping for the KLWR in North Key Largo. A total of
16 individual KLWR were captured at 137 trapping stations within the CLNWR. Potts (2008)
also captured 42 individual KLWR from 152 artificial nest structures located throughout the
CLNWR. in addition, Potts (2008) caught 31 KLWR at the "Nike Missile" site within the
CLNWR, and 13 KLWRs at the Dagny Johnson State Botanical Park. A total of 102 individual
KLWRs were captured during Potts 2008 survey effort. Based on her survey work, Potts
estimated the KLWR population in North Key Largo to be about 300 animals (S. Sneckenberger,
personal communication).
In 2009, Potts (2009) conducted live trapping for the KLWR in North Key Largo. A total of
6 individual KLWRs were captured at 136 trapping stations established within the CLNWR and
Dagny Johnson State Botanical Park. Potts (2009) also captured 42 individual KLWRs from
157 artificial nest structures located throughout the CLNWR. In addition, Potts caught
15 individual KLWRs at the "car dump" and "Harrison Tract" sites within the CLNWR, and
5 individual KLWRs at the "Ocean Forest" and "PP212" sites within the Dagny Johnson State
Botanical Park. A total of 68 individual KLWR were captured during Potts 2009 survey effort.
Potts noted a substantial drop in detectability of male woodrats during her 2009 survey effort and
could not estimate the KLWR population size (S. Sneckenberger, personal communication).
In 2010, Potts conducted additional live trapping for the KLWR in North Key Largo. A total of
2 individual KLWRs were captured at 136 trapping stations established within the CLNWR and
Dagny Johnson State Botanical Park. Potts also captured 6 individual KLWRs from artificial
nest structures located and 13 individuals during opportunistic sampling throughout the CLNWR
(S. Sneckenberger, personal communication). A total of 21 individual KLWRs were captured
during Potts' 2010 survey effort.
Reasons for Listing: From the early 1950's to the present, the KLWR has lost much of its
hammock habitat due to land clearing for commercial and residential development. The KLWR
was first listed as a threatened species in 1969 under the Endangered Species Conservation Act of
1969, However, this listing only afforded the woodrat protection on Service lands. The KLWR
was listed as endangered on September 21, 1983, through an emergency listing action (Service
1983). The emergency listing was necessary to provide full consideration of the welfare of this
species during a Service consultation with the Rural Electrification Administration. The proposed
action was a construction project that would result in habitat loss. The Key Largo woodrat was
proposed for listing as an endangered species with critical habitat on February 9, 1984 (Service
1984a) and was officially listed as endangered under the Act on August 31, 1984 (Service 1984b).
The proposed critical habitat designation was withdrawn on February 18, 1986 (Service 1986).
Ranggwide trend: As discussed above, evidence suggests the population of the KLWR has
decreased significantly over the last 20 to 30 years. Based on the most recent survey information
(Potts 2008, 2009), the current small population size of the KLWR makes the possibility of
extinction of this species more likely.
Due to the threat of extinction of the KLWR, and our lack of understanding on the specific
mechanisms of the observed population decline in the KLWR, the Service began a captive
propagation project for the KLWR in April 2002 to augment the wild KLWR population
(Service 2003). The first captive raised KLWRs from the program were introduced into the wild
in February 2010. Specifically, 14 captive -bred KLWRs were released into their native habitat at
CLNWR. The survival rate of these animals has been low. By July 2010, only one of these
animals was known to be alive. Many of the introduced KLWRs were believed to be killed by
feral cats (C. Alligood, personal communication), and one KLWR was found dead near CR 905 and
may have been hit by a motor vehicle (B. Powell, personal communication). One introduced KLWR
was known to successfully give birth after it was released (C. Alligood, personal communication).
Threats: Habitat loss and degradation have adversely affected the KLWR. Significant
commercial and residential development in the Keys during the 1960s and 1970s has reduced the
extent of habitat available to the KLWR, and degraded the condition of remaining habitat.
However, the Federal government and State of Florida have protected the majority of the
remaining high quality hammock available for KLWRs on North Key Largo through acquisition
and management. A total of about $65 million has been spent to acquire 2,147 acres of habitat
on North Key Largo. Moreover, the threat of loss and degradation of remaining KLWR habitat
has been significantly diminished with the establishment of the Monroe County's Rate of Growth
Ordinance in the 1990s. Due to these efforts, the threat of significant loss of remaining KLWR
habitat is low.
The presence of exotic animal species on Key Largo also may represent a threat to the KLWR.
Feral and free -roaming domestic cats (Felis catus) are known to occur within the CLNWR and
the Key Largo Hammocks State Botanical Site. Densities of domestic cats appear to be greater
near the residential areas of North Key Largo such as the Ocean Reef, Garden Cove, and the
Ocean Shores developments. Cats are known to prey upon a variety of wildlife species, and
studies indicate that small mammals often compose a large proportion of the diet (Churcher and
Lawton 1989). As indicated above, cats are implicated in the death of introduced KLWRs.
Moreover, domestic cats may hunt even when fed daily by humans (Liberg 1985). In addition to
direct mortality, predators may also have indirect effects on prey species. The risk of predation
may alter the behavior of prey species resulting in reduced growth rates and reproductive output
(Arthur et al. 2004). Consequently, it is likely feral and free -roaming domestic cats are affecting
the KLWR population, but in the absence of specific studies their effects are difficult to quantify.
The Service is attempting to address the problem of cats on North Key Largo and contracted the
U.S. Department of Agriculture's Wildlife Services in 2005 to remove the cats from the
CLNWR. However, because humans continue to release cats in this area, ongoing efforts to
remove cats will be necessary.
Other non-native species occurring on Key Largo that may pose a threat to the KLWR include
the fire ant (,Solenopsis invic•ta), the Burmese python (Python molurus bivittatus), and the black
rat (Rattus rattus) (Service 2008). The role of fire ants in the ecology of the North Key Largo
hammocks is not specifically known, but predation by fire.ants has substantially affected wildlife
populations in other areas (Killion and Grant 1993). Because the KLWR is a ground nester, it
may be vulnerable to predation by fire ants. The Service has funded a project currently being
conducted by the U.S. Geological Survey (USGS) to detect and control Burmese pythons on Key
Largo using visual surveys and experimental traps (Service 2008). Seven Burmese pythons have
8
been captured in Key Largo since April 2007, and predation of Key Largo woodrats by Burmese
pythons was documented in 2007 (Snow 2008). Finally, black rats have also been established on
Key Largo, and competition from this species may adversely affect the KLWR. The full extent
of the threat from these exotic species is not yet known.
Parasites represent another potential threat to the KLWR because they are known to transmit
viruses, bacteria, and protozoa that result in disease and mortality. These pathogens may also be
carried by other species of mammals and ultimately transmitted to the KLWR. For example, the
roundworm (Baylisascaris procyonis), carried by the raccoon (Procyon lotor), is known to
transmit pathogens to Allegheny woodrats (N. magister) (LoGiudice 2001). Raccoons are
abundant on North Key Largo. However, to date this species of roundworm has not been
detected in raccoons occurring in this area.
The successional stage of woodrat habitat may affect the abundance of the KLWR. The habitat
preferences of the KLWR are unclear. Mature hammocks were once thought to provide optimal
habitat for the KLWR (Service 2008). However, recent observations documenting KLWRs
inhabiting refuse piles have challenged this assumption. Therefore, it is possible woodrats may
prefer earlier successional habitats more than originally believed (McCleery, 2003).
Climate change is also an important threat to the KLWR. Sternberg et al. (2007) and Su Yean
Teh et al. (2008) in their assessment of the middle and upper Keys susceptibility to sea level rise
concluded that hammocks characteristic of the upper Florida Keys will ultimately be replaced by
mangrove communities. Worst -case models by Bergh (2009) forecast an 88 percent loss in
hammock vegetation within Key Largo by 2100. Consequently, survival of the KLWR will
likely require resource management intervention or translocation to suitable habitat outside of
North Key Largo.
Analysis of the speciestcritical habitat likely to be affected
The proposed action has the potential to have temporary adverse effects on the KLWR within the
action area. Potential effects include injury, mortality, disturbance, and habitat loss or
degradation from demolition and restoration of natural grade. However, the long term effects of
the proposed restoration are anticipated to be beneficial.
Critical habitat has not been designated for the KLWR, and will not be affected.
Key Largo cotton mouse
The KLCM is an island subspecies of the cotton mouse (P. gassypinus), a widespread species in the
southeastem United States. Schwartz (1952) described the KLCM as a medium-sized mouse with
large ears and protuberant eyes. The KLCM has a reddish to dusky brown back and a white
underside. The body length ranges from 6.6 inches to 7.4 inches, the tail length ranges from 2.8 inches
to 3.4 inches, and the hind -foot length ranges from 0.82 inch to 0.90 inch (Service 1999).
E
Critical habitat has not been designated for this species. Therefore, no regulatory description is
provided here.
I Wei.f1 1
Distribution: The KLCM historically inhabited all of the hammock forests from the northern end
of Key Largo southward to Tavernier in Plantation Key. The distribution of the KLCM is now
restricted to Key Largo north of the intersection of U.S. Highway I and CR 905, known locally
as North Key Largo (Frank et al. 1997). The Service introduced the KLCM to Lignumvitae Key
in 1970. However, the last recorded sighting was in 1977 (Service 2009). The KLCM was not
observed during a trapping study on Lignumvitae Key in 2007 (Greene 2007) and it appears that
this population no longer exists.
Habi : The KLCM occurs within a variety of habitats including early successional, and mature
hammocks, and Salicomia coastal strands (Humphrey 1992). The species is also known to use
recently burned areas where bracken fern (Preridium aquilinum) dominates the ground cover
(Goodyear 1995). The KLCM builds leaf -lined shelters in logs, tree hollows, rock crevices, or
within or near woodrat nests. The shelter entrances measures 1.2 inches to 3.5 inches in
diameter, and is often partially covered with leaves or bark.
Miscellaneous Life History Information: The KLCM is an herbivore, its diet consisting of leaves,
buds, seeds, and fruits. Cotton mice breed throughout the year, and produce two to three litters
annually with a mean litter size of four. The KLCM's life expectancy ranges from about 5 months
to 3 years (Service 2009).
Population dynamics
Because efforts to monitor the KLCM population over the last 30 years have been meager, trends
in the population are difficult to ascertain. Barbour and Humphrey (1982) reported a density of
11.5 KLCM per hectare (4.7 KLCM per acre), Humphrey (1988) reported a density of 21.2 KLCM
per hectare (8.6 KLCM per acre), and Frank at al. (1997) reported a density of 6.2 KLCIM per
hectare (2.5 KLCM per acre). Castleberry et al. (2008) conducted the most current monitoring
efforts of the KLCM population in North Key Largo in 2007 and estimated a KLCM population
of about 17,000 individuals with an increasing trend in the population based on live trapping
conducted from November to December.
Status and distribution
Reasons for Listing: From the early 1950s to the present, the KLCM has lost much of its
hammock habitat due to land clearing for commercial and residential development.
Consequently, the KLCM was listed as endangered for 240 days on September 21, 1983, through
an emergency listing action (Service 1983). The emergency listing was necessary to provide full
consideration of the welfare of this species during Service consultation on a Federal action
undertaken by the Rural Electrification Administration. The action consisted of a loan to the
Florida Keys Electric Cooperative for construction of a project that would accelerate loss of
10
KLCM habitat. The KLCM was proposed as endangered with critical habitat on February 9, 1984
(Service 1984a) and was listed as endangered on August 31, 1984 (Service )984b). The
proposed critical habitat was withdrawn on February 18, 1986 (Service 1986, Service 1999).
Rangewide trend: The KLCM was formerly distributed throughout Key Largo, but is now
restricted to hammocks on North Key Largo. However, the majority of high quality hammock
habitat available on North Key Largo has been protected through acquisition and is being
managed for conservation by the Service and State of Florida. Because of these efforts and
current land use regulations in place by Monroe County, the threat of occupied habitat loss from
development on North Key Largo is low. A total of 2,498 acres of suitable KLCM habitat
currently occurs in North Key Largo. About 88 percent of this acreage (2,188 acres) is protected
under public ownership.
Threats: A potential serious threat to the KLCM is feral and free -roaming domestic cats. Cats
are known to occur within the CLNWR and the Key Largq Hammocks State Botanical Site.
Densities of domestic cats appear to be greater near the residential areas of North Key Largo
such as Ocean Reef, Garden Cove, and the Ocean Shores developments. Cats are known to prey
upon a variety of wildlife species, and studies indicate that mice often compose a large
proportion of the diet (Churcher and Lawton 1989). Moreover, cats may hunt even when fed
daily by humans (Liberg 1985). In addition to direct mortality, predators such as cats may also
have indirect effects on prey species. The risk of predation may alter the behavior of prey
species resulting in reduced growth rates and reproductive output (Arthur et al. 2004).
Consequently, it is likely that cat predation is affecting the KLCM population. However, in the
absence of specific studies, the effects of cat predation on the KLCM population are difficult to
quantify. The Service is attempting to address the problem of free roaming cats on North Key
Largo and contracted the U.S. Department of Agriculture's Wildlife Services in 2005 to remove
the cats from the CLNWR. However, because humans continue to release cats in this area,
future efforts to remove cats from the area will be necessary.
Other non-native predators, such as fire ants and exotic snakes, also pose a threat to the KLCM
(Service 2009). The role of fire ants in the ecology of the North Key Largo hammocks is not
specifically known. However, fire ants have substantially affected wildlife populations in other
areas (Killion and Grant 1993). Because the KLCM is aground nester, it maybe vulnerable to
predation by fire ants. The exotic Burmese python may also be a significant predator of the
KLCM. The Service has funded a project currently being conducted by the USES to detect and
control Burmese pythons on Key Largo using visual surveys and experimental traps (Service
2008). Seven Burmese pythons have been captured in Key Largo since April 2007 (Snow 2008).
Finally, black rats have also been established on Key Largo, and competition from this species may
adversely affect the KLCM. The full extent of the threat from these exotic species is not yet known.
In addition to predators, past commercial and residential development in the Keys has reduced
the extent of habitat available to the KLCM, and degraded the condition of remaining habitat.
Brown (1978) and Hersh (1981) attributed the apparent extirpation of this species from Key
Largo south of the U.S. Highway I/CR 905 intersection to land clearing followed by residential
and commercial development. Habitat fragmentation, combined with a decreased range, makes
11
the KLCM more vulnerable to natural catastrophes such as hurricanes and fire (Service 1993).
However, the Federal government and State of Florida have protected the majority of the
remaining high quality hammock habitat available for KLCMs on North Key Largo through
acquisition and management. A total of about $65 million has been spent to acquire 2,147 acres
of hammock habitat on North Key Largo. Moreover, the threat of loss and degradation of
remaining woodrat habitat has been significantly diminished with the establishment of the
Monroe County's Rate of Growth Ordinance in the 1990s. Due to these efforts, the threat of
significant loss of remaining KLCM habitat is low.
Climate change is also considered an important threat to the KLCM. Sternberg et al. (2007) and
Su Yean Teh et al. (2008) in their assessment of the middle and upper keys susceptibility to sea
level rise concluded that hammocks characteristic of the upper Florida Keys will ultimately be
replaced by mangrove communities. Worst -case models by Bergh () forecast an 88 percent
loss in hammock vegetation within Key Largo by 2100. Consequently, in order to survive, the
KLCM will likely require resource management intervention or translocation to suitable habitat
outside of North Key Largo.
Analysis of the spedes/critical habitat likely to be affected
Although ultimately considered to be beneficial, the proposed restoration action has the potential
to adversely affect the KLCM. The effects on the KLCM will be considered further in the
remaining sections of this BO. Potential effects include injury, mortality, disturbance, and
habitat loss or degradation from demolition and restoration activities.
Critical habitat has not been designated for the KLCM, and, therefore, none will be affected.
Other species in the Action Area
The following species also occur within the Project's Action Area: the endangered Schaus
swallowtail butterfly (Heraclides aristodemus ponceanus), the threatened Stock Island tree snail
(Orthalicu.► yeses reses), the endangered American crocodile (Crocodylus acutus), and the
threatened eastern indigo snake (Drymarchon corals couperi).
The Service notes suitable nesting habitat for the American crocodile will not be affected.
Furthermore, the Schaus swallowtail butterfly and the Stock Island tree snail are not known to
occur in the disturbed areas to be restored. Stock Island tree snails and Schaus swallowtail
butterflies were not documented at the Port Bougainville site during pedestrian surveys
conducted by the DEP's environmental consultant (Service 2010). There has not been a reported
observation of the eastern indigo snake in north Key Largo within the past 10 years (Steve Klett,
personal communication). Therefore, it is unlikely the eastern indigo snake currently uses the
restoration sites.
As discussed below in the section entitled "Reasonable and Prudent Measures," procedures used to
clear and grab the project sites and demolish existing buildings will be designed to minimize the
potential for harm to federally listed species. Therefore, the Service finds the Project is likely to
12
have long term beneficial effects on the American crocodile, eastern indigo snake, Schaus
swallowtail butterfly, and Stock Island tree snail. We concur with the DEP's determination that
this project is not likely to adversely affect these species.
ENVIRONAIENTAL BASELINE
The environmental baseline includes the past and present impacts of all Federal, State, and
private actions and other human activities in the action area, the anticipated impacts of all
proposed Federal projects in the action area that have already undergone formal or early section
7 consultation, and the impact of State or private actions, which are contemporaneous with the
consultation in progress.
Key Largo woodrat and Key Largo cotton mouse
Although the Project sites are disturbed, the Service finds they provide some potential habitat for the
KLWR and the KLC. Moreover, trapping studies have documented the KLWR and the KLCM in
or near all of the Project sites (Service Geographical Information System (GIS) data 2011).
Factors Affecting the Species' Environment within the Action Area
The action area is located within the geographic range of the KLWR and KLCM. The Project
sites (i.e., the action area) are within a State-owned botanical park that is managed for
conservation. The restoration sites were previously disturbed by development and are largely
cleared of existing vegetation and were previously developed (roads, buildings, etc.).
6
According to the Intergovernmental Panel on Climate Change Report (IPCC 2007), warming of
the earth's climate is "unequivocal," as is now evident from observations of increases in average
global air and ocean temperatures, widespread melting of snow and ice, and rising sea level. The
IPCC Report (2007) describes changes in natural ecosystems with potential wide -spread effects
on many organisms, including marine mammals and migratory birds. The potential for rapid
climate change poses a significant challenge for fish and wildlife conservation. Species'
abundance and distribution are dynamic, relative to a variety of factors, including climate. As
climate changes, the abundance and distribution of fish and wildlife will also change. Based on
these findings and other similar studies, the Department of the interior (DOi) requires agencies
under its direction to consider potential climate change effects as part of their long-range
planning activities (Service 2007).
Global climate changes will intuitively affect regional weather, which is also strongly affected by
season and by local effects (e.g., elevation, topography, latitude, proximity to the ).
Temperatures are predicted to rise from 2°C to 5°C for North America by the end of this century
(1PCC 2007), affecting rainfall (amount, seasonal timing and distribution), storms (frequency and
intensity), and sea level rise. However, the exact magnitude, direction and distribution of these
changes at the regional level are not well understood or easy to predict. Seasonal change and
13
local geography make prediction of the effects of climate change at any location variable.
Climatic changes in south Florida could amplify current land management challenges involving
habitat fragmentation, urbanization, invasive species, disease, parasites, and water management
(Pearlstine 2008).
Air Tempgraturc
Current models predict changes in mean global temperature in the range 2 to 40C (4 to 80F) by
2100, but how this manifests at the regional and local scale is uncertain. A change of just 2 degrees
can have profound effects, particularly at temperature extremes. For example, in Florida, winter
frost, a 2-degree transition from 330F to 310F, greatly affects vegetation. While predicted
changes in average annual temperature appear small, local and seasonal temperature variation
may be greater. It is also important to consider that an increase in global atmospheric
temperature may manifest as an increase or a decrease in local means and extremes. We do not
yet know either the direction or anticipated size of temperature change in Florida, but the
following possibilities should be considered:
• Changes (likely small) in mean annual temperature.
• Greater extremes of temperature in summer (average highs) and winter (average lows).
• More prolonged and seasonally extended frosts.
• Shifts in the distribution of temperature regimes (isotherms, growing zones).
• Changes in the seasonal onset of temperature changes (e.g., earlier spring).
• Changes in the duration of temperature regimes (e.g., longer hot summers).
• Changes in both air and water (lake, river, ocean) temperature.
Most organisms have preferred ranges of temperature and lethal temperature limits they cannot
survive. Many organisms require temperature signals or suitable temperature regimes to
successfully complete life cycle activities such as nesting and winter dormancy. Some organisms
are sensitive to temperature for incubation, sex determination (i.e., reptiles such as sea turtles and
alligators) or seed germination. The dissolved oxygen content of water (affecting fish) and the
water content of vegetation (affecting fire combustion) are temperature -dependent. Some noxious
or undesirable organisms may proliferate under different temperature regimes (e.g., blue green
algae in lakes, exotic species). Changes in temperature will likely affect fish and wildlife resources
in many ways depending on the direction, amount, timing and duration of the changes.
Rainfall
Florida is already very sensitive to variation in rainfall. Well -drained soils, rapid runoff and high
plant transpiration quickly redistribute water available to organisms. Despite a high average
rainfall, much of Florida experiences seasonal drought that profoundly affects fish and wildlife
resources. Florida's rain depends on both global and regional climate factors (jet stream, El
Nino, frontal progression, storms and hurricanes) and local weather (thunder storms, sea breezes,
lake effects and local circulation) that are likely affected by climate change. The following
factors at the local level should be considered:
• Average annual rainfall (higher or lower).
• Seasonal distribution of rainfall (when rain falls).
14
• Regional distribution of rainfall (where rain falls).
• Intensity (e.g., more severe storm rain, or dispersed "misty" rain).
Rainfall is affected by temperature (changes in evaporation). Rainfall change will likely be
mediated through responses by vegetation and surface water availability (lakes, ponds, rivers,
swamps, wet prairies) on which many organisms depend. In the longer term, changes in
deposition (recharge) to surficial and deep aquifers may affect spring flow. Florida has an
unusually large area of wetland habitats supporting wildlife. If climate change reduces rainfall,
then desertification of much of Florida is possible and it may come to resemble "desert islands"
such as much of the Bahamas that occur at the same latitude. Rainfall changes could profoundly
affect Florida's fish and wildlife resources.
Storms
One predicted effect of climate change is to increase the frequency and intensity of severe
storms, particularly tropical cyclones (hurricanes). Higher sea temperatures and high atmosphere
conditions generate energy and conditions suitable for storms. There is some controversy on
whether this effect is already discernible against the background of natural variation and cycles
of hurricane occurrence. Hurricanes are generally detrimental to human interests and cause plant
and animal mortality. However, their effect in natural systems is generally transient. Plants and
animals recover rapidly. Hurricanes have significant secondary effects, which are not
necessarily negative for wildlife, i.e., remodeling coastal habitat structure (barrier islands,
beaches, salt/freshwater intrusion to marshes and estuaries), renewing plant succession and
replenishing water bodies and aquifers. Hurricane effects will interact with rainfall and sea level
changes, possibly exacerbating coastal flooding. Hurricanes also redistribute organisms,
particularly plants, by spreading seeds and other propagules. The following possibilities at the
local level should be considered:
• Increased storm intensity and frequency.
• More concentrated storm tracks leading to more frequent storm landfall.
• Interaction of surge and sea level affecting coasts and adjacent inlands.
• Distribution of invasive species.
Sea Level Rise
All current predictions suggest sea level will rise due to melting of continental and glacial ice
and thermal expansion of the oceans. Florida, with its extensive coastline and low topography is
vulnerable to sea level rise. The magnitude of the predicted rise is currently unknown and
estimates vary from a few centimeters to meters. Modeled predictions using median consensus
sea level rise estimates indicate that significant portions of Florida's coastline will be inundated
and a major redistribution of coastal habitats is likely. However, to put this in context, Florida's
coast currently experiences sea level fluctuations (tides) of 1 to 2 meters (3 to 6 feet) twice daily
and is exposed to storm surges of 3 to 5 meters (9 to 15 feet) during hurricanes. Sea level
changes will be superimposed on these current fluctuations. While these changes would be
disastrous to human structures and activities, the effect on wildlife and its habitat may be less
damaging. In essence, coastal habitats will migrate inland and Florida's flat coastal topography
(a result of previous sea level changes) actually mitigates the effect. Current coastal forests,
15
dunes and beaches will migrate inland and be displaced by marsh, current marsh will become sea
grass, barrier islands will become sandbar, and new barrier islands will form. The primary effect
on wildlife will be redistribution, and possibly an increase in some habitats at the expense of
others. Temperature and rainfall effects may redistribute mangroves and coral reefs into an
expanded coastal zone. The hazard to wildlife will arise from efforts to protect human structures
from these changes by dikes, sea walls, dredging, beach nourishment and similar engineering
responses. Changes in temperature regimes in the ocean may cause shifts in distribution of
marine species, and profound, but entirely unpredictable effects may be generated if climate
changes causes large scale change in ocean circulation such as the Florida Current. The
following possibilities at the local level should be considered:
• Transient, but damaging effects on vulnerable coastal species (e.g., beach nesting
shorebirds, sea turtles).
• Redistribution of coastal habitats with disruptions of productivity.
• Sedimentation effects during the transition.
• interactive synergy with other climate effects (e.g., temperature, storm frequency) to
generate unanticipated second order effects.
• Disruption of coastal migration patterns, particularly "passive" migrations of larvae
driven by local water movement effects.
• Secondary effects of protection of human structures.
• Migration zones and corridors available to allow changes in distribution.
To summarize, effects of climate change on wildlife in Florida are likely to be widespread and
profound, and occur over a variety of dimensions and variables. As these effects cannot be
prevented or delayed, a practical response is to identify key areas, species and habitats that are
vulnerable to change and develop strategies to avoid or minimize effects.
Global warming will be a particular challenge for endangered, threatened, and other "at risk"
species. It is difficult to estimate, with any degree of precision, which species will be affected by
climate change or exactly how they will be affected. The Service will use Strategic Habitat
Conservation planning, an adaptive science -driven process that begins with explicit trust
resource population objectives, as the framework for adjusting our management strategies in
response to climate change (Service 2006).
EFFECTS OF THE ACTION
This section analyzes the direct and indirect effects of the Project on the KLWR and the KLCM,
and their habitat.
Factors to be Considered
This restoration project will occur within habitat suitable for the KLWR and the KLCM. Critical
Habitat has not been designated for these species. The timing of the restoration, relative to
sensitive periods of the KLWR's and KLCM's life cycles, is unknown. The KLWR and the
KLCM may be found within and adjacent to the proposed restoration footprints year-round. The
Project will result in the restoration of 19.07 acres of KLWR and the KLCM habitat. The time
16
required to complete the restoration is not known, but it is likely the removal of existing
development will be completed within a few months. It will take -several years for complete
natural revegetation to occur. The initial disturbance associated with the Project will be temporary.
Analyses for effects of the action
Beneficial Effects - Beneficial effects are those effects of the proposed action that are wholly
positive, without any adverse effects to the listed species or its critical habitat. The Project will
result in the restoration of 19.07 acres of KLWR and the KLCM habitat.
Direct Effects - Direct effects are those effects that are caused by the proposed action, at the time
of construction, and are reasonably certain to occur. The direct effects that this project will have
on the KLWR and KLCM within the action area are discussed below.
The restoration activities and temporary habitat loss during clearing and removal of structures,
fill, and roads may result in take of the KLWR and the KLCM. The probability of incidental
take is dependent upon the number of KLWRs and KLCs in the area, their dispersal abilities,
and the amount and distribution of available, suitable habitat. With proper safeguards in place
during construction, the probability of direct mortality of the KLWR and the KLCM as a result
of construction activities is low. However, the proposed action will directly result in the
temporary loss of 19.07 acres of potentially suitable habitat, some of which may provide limited
foraging and breeding habitat for KLWRs and KLCs. As indicated above, a total of 2,498 acres
of suitable KLWR and KLCM habitat currently occurs in North Key Largo. Therefore, the
Project will result in temporary impacts to less than 0.5 percent of the geographic range of these
species, and much of that 0.5 percent is currently concrete, asphalt or road beds.
The restoration will result in increased human activity (e.g., equipment, construction personnel,
surveys, replanting, etc.). The increase in human activity could cause the KLWR and the KLCM
to avoid using existing adjacent habitat, resulting in additional temporary habitat loss. However,
KLWRs and KLCMs present adjacent to the restoration activities could acclimate to the human
activities and not abandon adjacent habitat.
Interrelated and Interdependent Actions - An interrelated activity is an activity that is part of the
proposed action and depends on the proposed action for its justification. An interdependent
activity is an activity that does not have independent utility apart from the action under
consultation. Interrelated or interdependent actions are not expected to result from the Project.
Indirect Effects - Indirect effects are caused by or result from the proposed action, are later in
time, and are reasonably certain to occur. Indirect effects may occur outside the area directly
affected by the action. Indirect effects may include other Federal actions that have not
undergone section 7 consultation, but will result from the action under consideration.
The indirect effects of the restoration are expected to be beneficial, resulting in restoration of
19.07 acres of hammock to its natural condition. Additional high quality habitat will be created
and existing access to the sites will be more restricted following restoration. invasive, exotic
plant removal will continue after initial clearing and is beneficial.
17
CUMULATIVE F CTS
Cumulative effects include the effects of future State, tribal, local, or private actions that are
reasonably certain to occur in the action area considered in this BO. Future Federal actions
unrelated to the proposed action are not considered in this section because they require separate
consultation pursuant to section 7 of the Act. Future restoration projects are anticipated to occur
in or near the action area and their long term effects should be beneficial. These restoration
projects are likely to be consulted on by the Service, and, therefore, are not considered as
cumulative effects.
After reviewing the current status of the KLWR and KLCM, the environmental baseline for the
action area, the effects of the proposed action, and the cumulative effects, it is the Service's
biological opinion that the Project, as proposed, is not likely to jeopardize the continued
existence of the KLWR or the KLCM.
The Project will result in the restoration of 19.07 acres of KLWR and KLCM habitat. The
restoration is expected to benefit the overall survival and recovery of the KLWR and KLCM.
Critical habitat has not been designated for the KLWR and KLCM. Therefore, critical habitat
will not be affected.
INCIDENTAL TAKE STATEMENT
Section 9 of the Act and Federal regulation pursuant to section 4(d) of the Act prohibit the take
of endangered and threatened species, respectively, without special exemption. Take is defined
as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to
engage in any such conduct. Harm is further defined by the Service to include significant habitat
modification or degradation that results in death or injury to listed species by significantly
impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harass is
defined by the Service as intentional or negligent actions that create the likelihood of injury to
listed species to such an extent as to significantly disrupt normal behavior patterns which
include, but are not limited to, breeding, feeding, or sheltering. Incidental take is defined as take
that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.
Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to, and not
intended as part of the agency action, is not considered to be prohibited taking under the Act
provided such taking is in compliance with the terms and conditions of this incidental take
statement.
The terms and conditions described below are nondiscretionary and must be undertaken by the
DEP so they become binding conditions of any grant or permit issued to the DEP, as appropriate,
for the exemption in section 7(o)(2) to apply. The DEP has a continuing duty to regulate the
activity covered by this incidental take statement. If the DEP (1) fails to assume and implement
the terms and conditions or (2) fails to require DEP to adhere to the terms and conditions of the
incidental take statement through enforceable terms that are added to the permit or grant
18
document, the protection coverage of section 7(o)(2) may lapse. in order to monitor the impact
of incidental take, the DE, must report the progress of the action and its impact on the species to
the Service as specified in the incidental take statement (50 CFR § 402.14(i)(3)).
AMOUNT OR EXTENT OF TAKE ANTICIPATED
The Service has reviewed the biological information for the KLWR and KLCM, information
presented by the applicant's consultant, and other available information relevant to this action.
The Service anticipates incidental take of one KLWR and one KLCM that could be killed during
debris removal, or during trapping. Incidental take of three KLWRs and KLCMs in the form of
harm and harassment is also anticipated from the action. Temporary harm (i.e., habitat loss) to
the KLWR and KLCM will result from the construction activities to restore 19.07 acres of
habitat. Harassment of the KLWR and KLCM is anticipated in the form of disturbance resulting
from the removal of debris, restoring natural grade, and trapping.
The Service has determined this level of anticipated take is not likely to result in jeopardy to
these species. If, during the course of this action, this level of take is exceeded, such take would
represent new information requiring review of the reasonable and prudent measures provided.
All work should stop and the reasonable and prudent measures must be modified immediately.
EFFECT OFT TAKE
In this Biological Opinion, the Service determined this level of anticipated take is not likely to
result in jeopardy to the KLWR or KLCM. No critical habitat has been designated for either of
these species; therefore, none will be destroyed or adversely modified.
REASONABLE AND PRUDENT MEASURES
When providing an incidental take statement, the Service is required to give reasonable and
prudent measures it considers necessary or appropriate to minimize the take along with terms and
conditions that must be complied with to implement the reasonable and -prudent measures.
Furthermore, the Service must also specify procedures to be used to handle or dispose of any
individuals taken. The Service believes the following reasonable and prudent measures are
necessary and appropriate to reduce take and to minimize the direct and indirect effects of the
Project on the KLWR and KLCM:
1. Further minimize the adverse effects of the action to the KLWR and KLCM and other
species through avoidance of certain areas (as described in the Terms and Conditions,
below), use of appropriate land clearing techniques and planting appropriate native species.
2. Evaluate the success of the restoration plan through appropriate monitoring.
3. Minimize the adverse effects of feral animal predation on the KLWR and KLCM,
FE
To implement the above reasonable and prudent measures, the Service has outlined the following
terms and conditions. In accordance with the Interagency Cooperation Regulation (50 C ),
these terms and conditions must be complied with to implement the reasonable and prudent measures:
1 a. DEP will not restore 0.15 acre of emerging hammock at the Port Bougainville Site
marked as "Fill Area" in Figure 2.
lb. Land clearing, removal of abandoned buildings and construction activities will not
commence until trapping for presence of KLWR and KLCM has been completed at each
restoration site. If presence is documented, the Service will be contacted to delineate
areas that will be avoided.
lc. Procedures used to clear and grub the proposed sites will be designed to minimize the
potential for harm to the KLWR and KLCM. Stands of existing hammock vegetation
will be avoided if possible. The sites will be cleared of vegetation by workers using
chain saws. All cut vegetation will be removed daily, and piles or other accumulations of
vegetation will not be allowed to remain overnight. Following site clearing, existing
abandoned buildings, sheds, roads, courts, etc. will be demolished using a hand-held or
equipment -mounted pneumatic or hydraulic jackhammer where feasible. The gradual
demolition of concrete structures will allow any KLWRS and KLCMs hiding in or under
the existing structures to leave the project site, while minimizing potential injuries. Once
the buildings and sheds have been demolished, the debris will be removed from the site
immediately. Storage of demolition debris will not occur on the project site. A qualified
biologist with documented experience identifying and handling the KLWR and the
KLCM (as described in Term and Condition 2b) will be on site during the debris
removal, vegetation clearing and building demolition. If a living K_LWR or KLCM is
encountered during land clearing or demolition, all work will immediately stop and the
animal will be allowed to leave the area under it-, own volition. Land clearing and
demolition work will not resume until the animal has left the project site. If a dead
KLWR or KLCM is encountered during land clearing or demolition, all work will
inunediately stop, the animal will be left an situ. The original material surrounding it will
be immediately returned to its original configuration to the maximum extent practicable.
The Service will then be contacted (see 4, below) for further instructions. Demolition or
debris removal will not resume until authorized by the Service. All KLCs or KLWRs
observed will be recorded and this information will be provided to the Service within
10 business days of completion of land clearing and demolition.
Id. DEP will consult with the Service on the removal of any existing debris piles that are not
removed by hand.
I e. DEP will avoid disturbance of any stick or other pile nests, and contact the Service if any
are encountered.
20
I f. Native hammock species planted at the "Restaurant & Tunnel" location will include
pigeon plum (Coccoloba diverstfolia), wild coffee (Psychorria nervosa), torchwood
(Amyris elemifera) and wild lime (Zanthoxylwn fagara).
2a. Lave trapping for KLWR and KLCM will be conducted, at a minimum, at the sites at 5 and
10 years after the restoration is completed to evaluate the success of the restoration. All
trapping procedures will follow the Service's protocol for small mammal surveys. The
following information will be recorded for each KLWR or KLCM captured during the
trapping: GPS location; the species of the each animal captured; the date each animal
was captured; the location of each animal captured; the sex, approximate age, and mass
(in grams) of each animal captured; and any other noteworthy observations. All KLWRs
and KLCMs captured will immediately be released unharmed at the trap site following
the recording of data. Any other threatened and endangered species encountered within
the project footprint will be recorded. Black rats captured during the live -trapping event
will be euthanized humanely. The date and GPS location of each black rat captured as
well as standard biological data will be recorded. A summary report will be provided to
Service within 30 days of completion of the initial live trapping activities.
2b. Experienced biologists are necessary to minimize take during the live -trapping and
monitoring of the KLWR and the KLCM. specified in Term and Conditions Ib, lc, ld,
le and 2a. Qualifications include education, experience with required techniques, and
knowledge of the specific species being evaluated. The Service will provide an email to
the individual(s) conducting these actions that provides their name, the location and date(s)
of the action, methodology, and any special conditions associated with the event. The
recipient, when conducting the authorizations, shall carry a copy of the entail at all times.
The Service authorizes the following qualified individuals to safely capture and handle
the KLWR and KLCM to implement the Reasonable Prudent Measures and Terms and
Conditions of this SO:
Dr. Philip Frank, Terramar Environmental Services Incorporated, Sugarloaf Key, Florida
33042
Ms. Nadia Spencer, Post Office Box 726, Key Largo Florida, 33037
This action is in accordance with the exemptions afforded under the Biological Opinion's
Incidental Take Statement as a requirement to minimize the anticipated take to listed
species. Other qualified individuals and/or species may be considered by the Service if
deemed appropriate.
3a. Control feral and free -ranging domestic cats on the project sites in perpetuity, and educate
the public about the harm to the KLWR, KI M, and other native wildlife species that
results when domestic cats are allowed to roam freely or are released into the wild.
Upon locating a dead KLWR or KLCM specimen, initial immediate notification must be made to
the nearest Service Law Enforcement Office (10426 NW 31st Terrace, Miami, Florida 33172;
21
305-526-2610; 305-526-2610). Secondary notification should be made to the FWC (South
Region, 8535 Northlake Boulevard West Palm Beach, Florida 33412; 561-625-5122). Care must
be taken in handling any dead specimens of proposed or listed species found in the project area
to preserve the specimen or its remains in the best possible condition. In conjunction with the
preservation of any dead specimens, the finder has the responsibility to ensure evidence intrinsic
to determining the cause of death of the specimen is not unnecessarily disturbed. The finding of
dead specimens does not imply enforcement proceedings pursuant to the Act. The reporting of
dead specimens is required to enable the Service to determine if take is reached or exceeded and
to ensure the terms and conditions are appropriate and effective.
XIIMMJT�y O t -1 1
Section 7(a)(1) of the Act directs Federal agencies to utilize their authorities to further the
purposes of the Act by carrying out conservation programs for the benefit of endangered and
threatened species. Conservation recommendations are discretionary agency activities to
minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to
help implement recovery plans, or to develop information. The Service is not proposing any
conservation recommendations at this time.
This concludes formal consultation on the Project. As provided in 50 CFR Section 402.16,
reinitiation of formal consultation is required when discretionary Federal agency involvement or
control over the action has been retained and if: (1) the amount or extent of incidental take is
exceeded; (2) the agency action is subsequently modified in a manner that causes an effect to a
tasted species or critical habitat not considered in this opinion; (3) new information reveals
effects of the agency action that may affect listed species or critical habitat in a manner or to an
extent not considered in this opinion; or (4) a new species is listed or critical habitat designated
that may be affected by the action. In instances where the amount or extent of incidental take is
exceeded, any operations causing such take must cease pending reinitiation.
Thank you for your cooperation in the effort to conserve fish and wildlife resources. If you have
any questions regarding this project, please contact Winston Hobgood at 772-469-4306.
Enclosure
Sincerely yours,
Donald R. Progul
Acting Field Supervisor
South Florida Ecological Services Office
Kka
i'
NorthScope of Work
1 Restoration ' Biologist
The purpose of the North Key Largo Restoration Project ("Project") is to restore native upland
habitat within Dagny Johnson Key Largo Hammock State Park ("Park"), in North Key Largo, by
removing abandoned structures, fill, asphalt roads and parking lots. The Project consists of
restoration work at three separate locations within the Park, as listed below and as further
described in the Restoration Project Description (See Exhibit A).
Site A: Port Bougainville Site
Site B: Nike Radar Site
Site C: Old Roads Site
All sites will be restored to natural elevations and then planted with appropriate native tree
species. All sites may or may not be completed, based on available funding.
The Project is within important habitat for the Key Largo woodrat (KLWR) and the Key Largo
cotton mouse (KLCM).
The Consulting Biologist (Biologist) will:
• Provide biological services described in, and comply with all requirements of, the US
Fish and Wildlife Service's August 17, 2011 Biological Opinion's Terms & Conditions
(see Exhibit A), including, but not limited to:
1. Design a trapping plan and conduct presence/absence trapping events for
KLWR and KLCM at all project areas in accordance with US Fish and Wildlife
Service (USFWS) trapping protocols (see Exhibit A) prior to the commencement
of the restoration project;
2. Coordinate with the Project Manager (PM), County and the USFWS if KLWR
or KLCM are found, to modify project limits or construction practices;
3. Identify/mark stick or pile nests within or abutting the construction limits of
disturbance;
4. Be present on site during the debris removal, vegetation clearing and building
demolition. If a living KLWR or KLCM is encountered during construction,
Biologist will advise contractor to stop work and allow the animal to leave of its
own volition. If dead, the Biologist will advise the contractor to stop work in the
area and will contact the USFWS to coordinate next steps.
• Coordinate with the PM to review proposed scopes of work for the project to identify
methods for reducing potential impacts to the KLWR and KLCM including:
o Procedures used to clear and grub the sites
o Staging/stockpiling
• Prepare a Final Project Summary Report, documenting wildlife trapping and monitoring
activities and their results
• Prepare any reports required by US Fish and Wildlife Service. Coordinate with US Fish
and Wildlife Service as needed.
• Work to collect and relocate (within Park) tree snails as needed during tree clearing /
trimming activities.
The Consulting Biologist will coordinate with and report to the Project Manager, and
subsequently with the Monroe County Land Steward and the Park Manager and Park Biologist of
John Pennekamp Coral Reef State Park ("Park staff") on all aspects of the Project. The Project
Manager, working in conjunction with the Monroe County Land Steward and the Park staff, will
determine when the presence of the Consulting Biologist is needed on -site. Project Manager
shall provide 24 hr notice (via phone) to Consulting Biologist when Biologist will be needed on -
site.
The Consulting Biologist shall furnish all supplies (including traps) needed to conduct the
activities described above.
The Consulting Biologist shall not be on -site during asbestos abatement activities.
It is anticipated that the majority of the field work required under this contract will be conducted
between November and May. However, the work may extend beyond this period.