Item J1J.1
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy, District 5
The Florida Keys l'U � Mayor Pro Tern Danny Kolhage, District 1
�pw° Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 4
County Commission Meeting
August 21, 2019
Agenda Item Number: J.1
Agenda Item Summary #5756
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502
N/A
AGENDA ITEM WORDING: Update to the Board on the 13th Annual Monitoring report that has
been submitted to the U.S. Fish & Wildlife Service 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 Big Pine Key and No Name Key. The HCP addresses the incidental take of key deer,
eastern indigo snake, and lower keys marsh rabbit that may result from development activities in
these two keys 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 contains specific conditions that detail land use limitations and protections for Big Pine Key
and No Name Key. The primary conditions of the permit require:
• The total impact of commercial, institutional, and residential development over the 20 year
life of the HCP shall not exceed H = 1.1; and,
• 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.
Several of the specific conditions address residential development. The ITP requires that new
residential development will be limited to a maximum of 200 dwelling units over the 20 year life of
the HCP. Since the effective date of the ITP (June 2003), 131 single family permits have been
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issued, with a cumulative H-Impact of 0.1776. Additionally, no new development other than single-
family residential and accessory uses will be permitted in Tier I areas, and 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. In other words, the ITP allows development of ten dwelling units or
0.0220 H-Impact in Tier 1 on Big Pine Key and No Name keys, whichever results in a lower "H".
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.
Monroe County prepares an annual report as required by the ITP. The report details the annual and
cumulative H-Impact and H-Mitigation credit. The attached document constitutes the 13th Annual
Monitoring Report on the Habitat Conservation Plan for the Key Deer and Other Protected Species.
The cumulative H-impacts of each development category reported in the 131' Annual Report include:
Development Type
H-Impact
Single -Family Residences
0.1776
Fences
0.055
Commercial
0.2916
Public
0.0385
Accessory
0.0002
TOTAL Cumulative H-
impact
0.5629
Appendix II of the report 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.
Totals Permitted
and Required by
the Incidental
Take Permit
H-Impact = 1.1000
H-Mitigation = Three
times H-impact
(1.1000 x 3) = 3.3000
Current Status as
Cumulative H-Impact
Amount of H-
Amount of H-
of the end of 2018
= 0.5629
Mitigation required for
Mitigation credit
Cumulative H-impact
acquired to date =
(0.5629 x 3) = 1.6887
3.2684 NOTE: 3.2684
is almost two times the
mitigation required for
the cumulative H-
impact of 0.5629
Potential H-Impact
0.0301
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of Permits
Currently
Competing in
ROGO
H-Impact
0.507
remaining if all
permits competing
in ROGO are
awarded an
allocation
As noted, the total impact has been 0.5629 (51.2% of H 1.1), while the mitigation acquired has been
3.2684 (99. 0% 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 13th Annual Monitoring Report which has been
submitted to the U.S. Fish & Wildlife Service per the conditions of the Incidental Take Permit.
DOCUMENTATION:
FINAL 13TH ANNUAL HCP REPORT
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
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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:
REVIEWED BY:
If yes, amount:
Michael Roberts
Completed
Cheryl Cioffari
Completed
Steve Williams
Completed
Assistant County Administrator Christine
Hurley
08/02/2019 2:19 PM
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
07/02/2019 10:48 AM
07/25/2019 4:46 PM
07/26/2019 11:41 AM
Completed
08/02/2019 2:23 PM
08/02/2019 3:57 PM
08/02/2019 5:01 PM
08/21/2019 9:00 AM
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