Item I4County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tern Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
April 19, 2018
Agenda Item Number: I.4
Agenda Item Summary #4032
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289 -2502
11:30 A.M.
AGENDA ITEM WORDING: Presentation of the 12th Annual Monitoring report on the
implementation of the Incidental Take Permit and associated Habitat Conservation Plan for Florida
Key deer and other protected species on Big Pine Key and No Name Key.
ITEM BACKGROUND:
In 1998, Monroe County (County), the Florida Department of Transportation, and the Florida
Department of Community Affairs signed a Memorandum of Agreement in which they committed to
develop a Habitat Conservation Plan (HCP) in accordance with Section 10(2)(A) of the Endangered
Species Act for these two Keys. The HCP addresses the incidental take of key deer, eastern indigo
snake, and lower keys marsh rabbit that may result from development activities in Big Pine Key and
No Name Key over the 20 year period of 2003 -2023.
In 2006, the U.S. Fish and Wildlife Service issued an Incidental Take Permit (ITP) to Monroe
County, the Florida Department of Transportation, and the Florida Department of Community
Affairs (now the Department of Economic Opportunity) which became effective on June 9, 2006 and
expires on June 30, 2023.
The ITP requires specific land use limitations and protections for Big Pine Key and No Name Key,
including, but not limited to:
• The total impact of commercial, institutional, and residential development over the 20 year
life of the HCP shall not exceed H =11.
• New residential development will be limited to a maximum of 200 dwelling units over the 20
year life of the HCP.
o Since the effective date of the ITP (June 2003), 123 single family permits have been
issued, with a cumulative Hof 0.1705.
• New residential development in Tier 1 areas will be limited to no more than 5% of all
residential units permitted over the 20 year life of the HCP (no more than 10 units or
H= 0.022) whichever results in a lower H. The ITP allows development of ten dwelling units
or 0.0220 Himpact in Tier 1 on Big Pine Key and No Name keys, whichever results in a lower
«H»
o Four (4) building permits have been issued for residences in Tier L An additional 13
ROGO allocations were issued, however these allocations expired with no building
permit being issued.
• No new development other than single - family residential and accessory uses will be
permitted in Tier I areas.
• For each H value unit of development, three H units of conservation lands shall be acquired,
restored, and protected in perpetuity. Over the term of this permit, lands with a cumulative
H value of 3.3 shall be acquired.
The attached document constitutes the 12th Annual Monitoring Report on the Habitat Conservation
Plan for the Key Deer and Other Protected Species. Appendix H includes the details of the H- impact
and the H mitigation credit. The County is required to buy 3 times the H impact in H mitigation
credits. The HCP will last until 2023.
The cumulative H- impact of all development activities ( "Himpact ") between March 13, 1995 and
December 31, 2017 is 0.5533 (see Appendix H of attached report). The Himpact for the present
Reporting Year 11, from January 1, 2017 to December 31, 2017, is 0.0951. Total cumulative "H"
mitigation credit acquired through 2017 (Reporting Year 11) is 3.2480 "H ".
As noted, the total impact has been 0.5533 (50.3 % of H 1.1), while the mitigation acquired has been
3.2480 (98.4% of H 3.3).
PREVIOUS RELEVANT BOCC ACTION:
The BOCC adopted Resolution 562 -2003 approving the Livable Communikeys Master Plan for Big
Pine Key and No Name Key. This plan incorporates the development conditions of the HCP
H Impact as of end of
Required H Mitigation
Provided H Mitigation
2017
Credit
Credit
Total Permitted
1.1000
3.3000
Current Status
0.5533
1.6599
3.2480
H Impact
0.0227
Competing in
ROGO
Remaining if all
0.5240
permits competing
in ROGO are
awarded an
allocation
The cumulative H- impact of all development activities ( "Himpact ") between March 13, 1995 and
December 31, 2017 is 0.5533 (see Appendix H of attached report). The Himpact for the present
Reporting Year 11, from January 1, 2017 to December 31, 2017, is 0.0951. Total cumulative "H"
mitigation credit acquired through 2017 (Reporting Year 11) is 3.2480 "H ".
As noted, the total impact has been 0.5533 (50.3 % of H 1.1), while the mitigation acquired has been
3.2480 (98.4% of H 3.3).
PREVIOUS RELEVANT BOCC ACTION:
The BOCC adopted Resolution 562 -2003 approving the Livable Communikeys Master Plan for Big
Pine Key and No Name Key. This plan incorporates the development conditions of the HCP
The BOCC adopted Resolution 119 -2003 authorizing submittal of the HCP to the U.S. Fish &
Wildlife Service.
On July 18 2013, the BOCC directed staff to rely on U.S. Fish and Wildlife Service (USFWS) to
update the biological opinion and the Species Assessment Guides where they would include the
requirements from the HCP /ITP into that biological opinion.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Accept the 12th Annual Monitoring Report and authorize staff to
submit the report to the U.S. Fish & Wildlife Service.
DOCUMENTATION:
Unsigned 12th Annual HCP Report 2017
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Christine Hurley
Completed
03/22/2018 5:12 PM
Steve Williams
Completed
03/23/2018 2:09 PM
Jaclyn Carnago
Completed
03/23/2018 3:14 PM
Budget and Finance
Completed
03/26/2018 10:34 AM
Maria Slavik
Completed
03/26/2018 12:07 PM
Mayte Santamaria Skipped 03/29/2018 11:17 AM
Kathy Peters Completed 04/02/2018 10:27 AM
Board of County Commissioners Pending 04/19/2018 9:00 AM