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HomeMy WebLinkAbout09-160RESOLUTION NO. 09-160 A RESOLUTION ACCEPTING A CONSERVATION EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing CONSERVATION EASEMENT is duly accepted on behalf of St. Lucie County this 12'h day of MAY, 2009. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COVNTY, FLORIDA BY: ~ Chuir BY: 5:\ACQ\WP\Conservation Easements\Golden Corral\Resolution No. 09-160.wpd APPROVED AS TO FORM AND CORRECTNE55: Return recorded document to: Oswald & Oswald, P.L. 222 S. Westmonte Drive, Suite 210 Altamonte Springs, Florida 32714 Attn: Douglas W. Oswald, Esq. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FI~F # 3345306 95%14/2009 at 02'4? PN! OR BOOK 3089 PAGE 2302 - 2338 Doc Type: EASMT RECORDING: $316.00 SAINT LUCIE COUNTY DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given this ~~ day of April, 2009, by PARS PROPERTIES, LLC, a Florida limited liability company ("Grantor") whose mailing address is 8153 Lake Serene Drive, Orlando, FL 32836 to St. Lucie County, a political subdivision of the State of Florida ("Grantee") having an address of 2300 Virginia Avenue, Fort Pierce, FL 34982. As used herein, the term "Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Conservation Area" (as hereinafter defined) and the term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH: WHEREAS, the Grantar is the owner of certain lands situated in St. Lucie County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference ("Property"); and WHEREAS, the Grantor is proposing the development of a restaurant and future retaiUoffice building ("Project") on the Property, which is subject to the regulatory jurisdiction of the St. Lucie County Board of County Commissioners ("County"); and WHEREAS, the County approved the Major Site Plan for the Project pursuant to Resolution No GM-08-007, MNSP-06-030 ("Resolution"); and WHEREAS, the Resolution requires that PARS PROPERTIES, LLC, a Florida limited liability company ("Association") maintain, in perpetuity, that portion of the Property designated as preserve area ("Conservation Area") as more particularly described in E~ibit "B" attached hereto and incorporated herein by this reference; and WHEREAS, the Declaration provides that the maintenance of the Conservation Area is the perpetual obligation of the Association; and WHEREAS, the Resolution further requires that the Conservation Area be maintained in accordance with that certain Preserve Area Management and Monitoring Plan ("Management Plan"), as more particularly described in Exhibit "C" attached hereto and incorporated herein by this reference; and WHEREAS, the Grantor is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the Conservation Area. WHEREAS, the Grantee is aware of the Agreement between the Grantor and Delano Road Property Owners, recorded in the St. Lucie County Official Records at OR Book 562, Page 2561-2567, and, to that extent that Grantee has control of land affected by the Agreement, shall abide by such Agreement. NOW, THEREFORE, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the Conservation Area which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: 1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. 2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in this Conservation Easement shall be maintained in the conditions required by the Management Plan. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Conservation Area at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor and/or the future residents of the Property at the time of such entry; and b. To enjoin any activity on or use of the Conservation Area that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Area that may be damaged by any inconsistent activity or use; and c. To enter upon the property of the Grantor to connect the Conservation Area to a bona fide system of trails, greenways or other non-vehicular system. 3. Prohibited Uses. Except for exotic vegetation removal, replanting with appropriate native vegetation, vine control, removal of trash and debris or other maintenance and monitoring activities described herein that are permitted or required by the Resolution or the Management Plan, the following activities are prohibited in or on the Conservation Area: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with the Management Plan; 2 d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural or enhanced condition; £ Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing. g. Activities which would constitute a violation of the Agreement between the Grantor and the Delano Road Property Owners, as set out in that Agreement which is recorded at St. Lucie County Official~Records OR Book 562, Page 2561-2567. 4. Grantor's Reserved Ri~hts. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Conservation Area that are not prohibited herein and which are not inconsistent with any County rule, criteria, permit and the intent and purposes of this Conservation Easement. 5. No Dedication. No right of access by the general public to any portion of the Property or the Conservation Area is conveyed by this Conservation Easement, except as provided in Paragraph 2(c), above. 6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Conservation Area. 7. Acts Bevond Grantor's Control. Nothing contained in this instrument shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in any portion of the Property other than Conservation Areas that result from natural causes beyond Grantor's control, andr not initiated by the Grantor, including but not limited to fire, flood, storm and earth movement. Should any Conservation Area be injured or changed from natural causes, including but not limited to fire, flood, storm and earth movement, the Grantor shall be provided notice and a reasonable opportunity to restore the affected Conservation Area to a condition that satisfies the Management Plan requirements prior to the Grantee bringing any action for noncompliance with the Resolution or the Management Plan. 8. Property Taxes. Grantor shall keep the payment of taxes and assessments on the Conservation Area current and shall not allow any lien on the Conservation Area superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate allowed by law, no later than thirty days after such payment. In the event the Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Conservation Area which shall automatically relate back to the recording date of this Easeinent. Grantee may foreclose this lien on the Conservation Area in the manner provided for mortgages on real property. 3 9. Enforcement bv Grantee. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor or the Association, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 10. Enforcement bv Association. The Association shall take private enforcement action against any member of the Association who violates the rules relating to the use and maintenance of the Conservation Area as set forth in the Management Plan. 11. Maintenance Obli~ations of Association. The Association shall maintain in perpetuity, the Conservation Area in accordance with the Management Plan. Such maintenance shall include, but is not limited to, exotic vegetation removal, replanting with appropriate native vegetation, vine control, and removal of trash and debris. The maintenance schedule should be so as to keep the Conservation Area ecologically functional and high quality, as well as a minimum 90% free of exotic vegetation. 12. Assignment. Grantee will hold this Conservation Easeinent exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. ~ 13. Severabilitv. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved.~ 14. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. 15. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 16. Modifications. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the public records in St. Lucie County. 17. Extin~uishment. If circumstances arise in the future such as render the purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction, and the amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange or voluntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by Flarida law at the time, in accordance with paragraph 18. Grantor believes that any changes in the use of neighboring properties will increase the benefit to the 4 public of the continuation of this Easeinent, and Grantor and Grantee intend that any such changes shall not be deemed to be circumstances justifying the termination or extinguishment of this Easement. In addition, the inability of Grantor to conduct or implement any or all of the uses allowed under the terms of this Easement, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. 18. Proceeds. This Easement constitutes a real property interest immediately vested in Grantee, which, for the purposes of paragraph 17, the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of the Easement at the time of this grant to the value of the Property, without deduction for the value of the Easement, at the time of this grant. For the purposes of this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; and all mortgages and liens have been subordinated to this Conservation Easement; and that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. 5 IN WITNESS WHEREOF, PARS PROPERTIES, LLC, A Florida liinited liability company, has hereunto set its authorized hand this ~~ _ day of April, 2009. ' Signed, sealed and delivered in our presence as witnesses: B~. ..~. ..;~~~,", .c~ i''~~~~-- ~~ ~:.~-- Print Naine~1~~„ C%~ j' ~~~:v~ ~~ By: ~ ~ Print Nain~~~~=~ L~~.~/ ~ ~- PARS PROPERTIES, LLC, A Florida limited liability company~~--~~-~ By:~. ~ --p. ~_.~ Hossein Olama, Manager Date: "t - ~ ~ - ~ ~ STATE OF FLORIDA ) ~ SS.. COUNTY OF SEMINOLE ) • The foregoing instrument was acknowledged before me this ~~ day of April, 2009, by Hossein Olama, as Manager of PARS PROPERTIES, LLC, on its behalf, who is personally ~ known to me, or who has produced as identification. [NOTARIAL SEAL] ", oouc~as oswuu ~~~° : ~ ~;= MY COMMISSION # DD 807675 ~;~ ;~: EXPIRES: August 4, 2012 .'~,'~p~ ~y,~,1`~ Bonded Thru Notary Pub~c UndenvrHers Notary: - ~ Print Name: ~~.~; ~.,~~ Notary Public, State of Flo da My commission expires: 6 ExxIBIT «A~~ [DESCRIPTION OF PROPERTY] Parcel ID Number: 3414-501-5004-300-4 The South 353.40 feet of the following described tract: Begin at the Southwest corner of Lot 4, Block 4, Section 12, Township 37 South, Range 40 East, ST. LUCIE GARDENS, according to the Plat thereof, recorded in Plat Book l, Page 35, St. Lucie County, Florida, Public Records; thence run East on the South line of said Lot 4 of its intersection with the Westerly right of way line of Federal Highway; thence run Northwesterly along said Westerly right of way line a distance of 860.51 feet to a point; thence run West a distance of 362.17 feet to a point; thence run South to the Point of Beginning, containing approximately 5.47 acres. 7 EXHIBIT "B" [DESCRIPTION OF CONSERVATION AREA] WPB 381,741,367v7 12/12/2007 5~ ~'N~ N J ~ 13~OWN, I NC , ~ic~N~e ~usiN~s~ NuM~~~, 6~8~ SUI~V~YOpS • 1~~51GN~~'S • LP~NV~~ANN~I~S • CONSU~~"AN1"5 619 ~A57" 51~N STI~~~1'; 5~"UA}?~i', ~LOI?II~A 3~99~} C 7~2~ 288-7176 EXHIBIT "B" (DESCRIPTION OF PRESERVE AREA) THE SOUTH 353.40 FEET OF THE FOLLOWING DESCRIBED TRACT: BEGIN AT THE SOUTHWEST CORNER OF LOT 4, BLOCK 4, SECTION 12, TOWNSHIP 37 SOUTH, RANGE 40 EAST, ST. LUCIE GARDENS, ACCORDING TO TNE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 35> ST. LUCIE .COUNTY, FLORIDA PUBLIC RECORDS; THENCE SOUTH 89°46'59" EAST ALONG THE SOUTH LINE OF SAID LOT 4, A DISTANCE OF 160.00 FEET; THENCE NORTH 00°10'18" EAST, A DISTANCE OF 353.40 FEET; THENCE NORTH 89°46'59" WEST, A DISTANCE OF 160.00 FEET TO THE WEST LINE OF SAID LOT 4; THENCE SOUTH 00°1~'18" WEST ALONG THE WEST LINE OF SAID LOT 4, A~DISTANCE OF 353.40 FEET TO TNE POINT OF BEGINNING. CONTAINING 1.30 ACRES, MORE OR LESS. r.inT~c• ALL BEARINGS ARE REFERENCED TO THE SOUTH LINE OF LOT 4, CALCULATED AS S89`46'59"E. 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LUCIE COUNTY, FL4RIDA i " PRESERVE AREA MANAGEMENT AND ~ 1V.~ONITORING PLAN For: GOLDEN CORRAL PARS PROPERTIES, LLC 440 Sou1h Semoran Blvd Orlando, Florida 32807 3414-501-SQ04-300-4 Prepared by: KIMLEY-HORNAND ASSOCIATES, INC. 10521 S W. Village Center Drive Port Sz Lucie, Florida 34987 Approved bylDate : A Preserve Area Management and Monitoring Plan (Management Plan) is required of all applicants for development approval on sites which contain habitat preservation areas, pursuant to provisions of Section 6.00.05(D) of the S~ Lucie County Land Development Code. TABLE OF CONTENTS 1.0 INTRODUCTION ........................................................................................................................... 1 ' 2.0 EXISTING SITE VEGETATION ................................................................:.................................. 1 ' 3.0 DELINEATION OF NATIVE HABITAT ...................................................................................... 1 4.0 SURVEY REQUIREMENTS .......................................................................................................... 1 ' 4A 1 Barricading Requirements ........................................................................................................... 1 ~ 4.02 Preserve Area Signage .............................:................................................................................... 2 4.03 Prohibited Activities .........................................:.......................................................................... 2 , 5.0 EASTERN INDIGO SNAKE PROTECTION PLAN ..................................................................... 3 i 6.0 RESTORATION AND MAINTENANCE ACTNITIES ..................................................:............ 3 , 6.01 Exotic Species ............................................................................................................................. 3 6.02 Re-vegetation ............................................................................................................................... 3 '! 6.03 Removal of Plant Material ........................................................................................................... 4 6.04 Understory Management ............................................................................................................. 4 7.0 MISCELLANEOUS PROVISIONS AND RESTRICTIONS ......................................................... 4 7.01 Dust ..............................................................................................................................:............... 4 ' 7.02 Noise ............................................................................................................................................ 4 7.03 Periodic CleanupBasic Site Restoration ..................................................................................... 4 7.04 Water Quality .............................................................................:................................................ 4 7.06 Chemical, Fuel, and other Hazardous Materials .......................................................................... 4 7.07 onstruction Equipment ................................................................. . ....................... .. ....................... 4 8.0 MONITORING AND MAINTENANCE PLAN ............................................................................ 5 8.01 Monitoring Set-up ...........................:........................................................................................... 5 8.02 Vegetation Survey ....................................................................................................................... 5 8.03 Panoramic Transect and Fixed-Point Photographs ..................................................................... . 5 8.04 Wildlife Utilization ..................................................................................................................... . 5 ' 8.05 Exotic Plant Species ................................................................................................................... . 5 8.06 Monitoring Reports .................................................................................................................... . 6 FIGURES Figure 1-Location Map Figure 2-Vegetation (FLUCFCS) Map APPENDICES Appendix A-Site Plan Appendix B-Eastern Indigo Snake Standard Protection Measures Appendix C-2007 List of Invasive Plants ~ 1.0 INTRODUCTION The project site consists of f5.47 acres of land located on the west side of U.S. l, south of Port St. Lucie Boulevazd between a self-storage facility and a Wal-Mart Supercenter, in Section 12, Township 37 South, Range 40 East, St. Lucie County, Florida. A location map is provided as Figure 1. Kimley-Horn and Associates, Inc. has been retained by the Applicant to prepare this Preserve Area Management and Monitoring Plan (Management Plan} for the proposed on-site Preserve Area. The following addresses delineation of the Preserve Area, prohibited activities, and monitoring and maintenance plans for the proposed Preserve Area. 2.0 EXISTING SITE VEGETATION Land uses were classif'ied according to the Florida Department of Transportation's 1999 Florida Land Use, Cover, and Forms Classification System (FLUCFCS). A Vegetation (FLUCFCS) Map of the site is included as Figure 2. The acreages provided for each land cover are based upon field reconnaissance, survey information, and aerial interpretation. On-site vegetation consists of Pine Flatwoods (FLUCFCS 411). A description of this land cover is provided below. FLUCFCS 411- Pine Flatwoods (f5.2 acres) Approximately 5.2 acres of pine flatwoods occur throughout the site. This area is dominated by slash pine (Pinus elliotti) with an understory of saw palmetto (Serenoa repens), downy rose myrtle (Rhodomyrtus tomentosa), rusty lyonia (Lyonia ferruginea), and gallberry (Ilex sp.). Other vegetation included melaleuca (Melaleuca quinquenervia), gopher apple (Licania michauxii), wiregrass (Arrstida stricta), and a few scrub oaks (Quercus inopinia). The western portion of the site contains Australian pine (Casuarina equisetifolia). FLUCFCS 814 - Roads and Highways (t0.3 acres) Approximately 0.3 acres of the eastern and southeastern portions of the site are maintained as roadway and right-of-way improvewents associated with US Highway 1 and the existing entrance to the Wal-Mart Supercenter. 3.0 DELINEATION OF NATIVE HABITAT The approximate 5.2 acres of pine flatwoods constitute the only native on-site habitat. As depicted in the attached Site Plan (Appendix A), 1.3 acres of pine flatwoods will be preserved. This area will be referred to as the Preserve Area. Pars Properties, LLC will be responsible for the maintenance and monitoring of the Preserve Area. 4.0 SURVEY REQUIREMENTS The Preserve Area will be surveyed. No plant material shall be removed from the Preserve Area to facilitate surveying; fencing or soil boring sampling without prior permission from a St. Lucie County Environmental Planner. 4.01 Barricading Requirements The developer will ensure that the Preserve Area is protected with physical barriers during all clearing and construction activities in accordance with the following guidelines: a) Silt fencing shall be installed to encompass the entire Preserve Area prior to the commencement of clearing activities. In accordance with Florida Department of Transportation Design Standards, 2006 Index 102, silt fences sha11 be trenched in a minimum of 8". A continuous row of hay bales will be placed at the face of the silt fence on the interior of the Preserve Area as a further deterrent to tortoises from entering the construction site from the Preserve Area. Hay bales and fencing shall be inspected and maintained daily and failures or breaks/tears will be repaired prior to the commencement of work on the site. Silt fencing shall remain in place throughout all phases of construction on the site. b) Additional construction barricades will be installed outside the silt fence. Barricades will be high-visibility orange safety fence with a final height of at least 4 feet above the ground. Barricades sha11 not be attached to vegetation. c) All barricades will be upright and maintained intact for the duration of construction. d) Where areas are proposed for clearing (i.e. building envelope, utilities, drainage, road right-of-way, etc.) the bright orange barricades must be offset at least 10 feet outside the Preserve Area or placed at the dripline of the canopy trees, whichever is greaYer. e) All native vegetation (not slated for removal as part of the development plans) sha11 be retaineci in their undisturbed state and will be barricaded at or outside the dripline of the trees. fl Cut or fill will meet existing grade without encroaching into the Preserve Area. g) In the event that any protective bamcades are removed or altered and land clearing or construction work is bei~g canducted on-site, all work at the site will be stopped until the barriers are restored and any necessary corrective actions are taken to repair or replant any vegetation removed or damaged as a result of encroachments. 4. 02 Preserve Area Signage Preserve Areas will be posted with permanent signs on the east and west perimeters. Signs will be at least 11 x 14 inches in size and will be posted in conspicuous locations along the Preserve Area boundary, at a frequency of no less than one (1) sign per 500 feet. All preserve area signs will be approved by the St. Lucie County Environmental Resources Administrator and they will be in place prior to issuance of a clearing permit for the site. Illustrations of the signs and markers to be used for this project are included on the Site Plan. 4.03 Prohibited Adivities Prohibited activities in the Preserve Area or easements within Preserve Area include, but are not limited to: construction or placing of building materials on or above the ground; dumping or placing soil or other substances such as garbage, trash, and cuttings; removal or destruction of native trees, shrubs or other native vegetation; excavation, dredging or removal of soil materials; diking or fencing; vehicular traffic including recreational vehicle and off road vehicle use; 2 permanent irrigation, trimming, pruning, or fertilization; and any otl~er activities detrimental to drainage, flood control, erosion control or wildlife conservation and preservation. No hazardous material other than fuel for refueling on-site heavy equipment will be stored on-site during the consiruction phases. On-site fuel tanks will not be located within 25 feet of any Preserve Area and shall be removed upon completion of construcrion work. Development activities, such as the conshuction of building pads for associated structures, swales, or culverts for surface water management will not alter the hydrology of adjacent preserve areas. Nor should any activiries increase non-point source pollution in the Preserve Area. 5A EASTERN INDIGO SNAKE PROTECTION PLAN The eastern indigo snake (Drymarchon corais couperi) is a state and federally protected species and is associated with gopher tortoise bunows. The US Fish and Wildlife Service Standard Protection Measures for the Eastern Indigo Snake shall be implemented during all phases of gopher tortoise relocation and construcrion activities on the site. These measures are included in Appendiz B. 6.0 RESTORATION AND MAINTENANCE ACTIVITIES All maintenance of the Preserve Area will be in accordance with this Management Plan. Maintenance and management activities will be performed by or under the supervision of a qual~ed environmental professional. The following activities shall be allowed within the Preserve Area with prior written approval from St. Lucie County. a) Exotic plant removal b) Revegetation - planting native vegetation, as necessary c) Removal of dead, diseased, or safety hazard plant material d) Understory/forage management 6.01 Exotic Species Category I and II invasive exotic vegetation, as defined by the Florida Exotic Pest Plant Council's (FLEPPC) 2007 List of Invasive Exotic Plants (Appendix C~, in Preserve Areas sha11 be removed by the least ecologically damaging method available. Such methods include hand pulling, hand spading, chain saw and/or treatment with an appropriate herbicide. No debris, such as plant clippings or wood scraps, shall be allowed in the Preserve Area. All Category I and II exotic species will be removed within six to nine months of receipt of the first Building Permit. Exotic and invasive species will continually be eradicated in perpetuity, as required. 6.02 Re-vegetation Re-vegetation in the Preserve Area shall be conducted where areas are left essentially barren or devoid of vegetation as a result of exotic vegetation removal as described above. A re-vegetation plan shall be developed for such areas for the purpose of restoring them to mimic the naturally occurring surrounding conditions. Re-vegetarion plans shall included provisions for canopy, understory, and groundcover species and temporary irrigation and shall be approved by St. Lucie County Environmental Resources Department. Monitoring of planted areas shall be in accordance with the Monitoring and Maintenance Plan of this document (Section 7). 6. 03 Removal of Plant Material No native plant material shall be removed from the Preserve Area. Dead or diseased plant material may be removed only upon a written finding by St. Lucie County that the material creates a safety hazard to buildings within the fall wne of the material or the material dces not add to the continued health of the Preserve Area. Re-vegetation may be required for any removed native plant material. 6.04 Understory Management In accordance with the Florida Fish and Wildlife Conservation Commission Gopher Tortoise Management Plan (approved September 200?), existing native plant community dynamics and functions shall be maintained to benefit the current gopher tortoise population. Groundcover and forage species shall be maintained through the control of invasive infestations as outlined in 5.01, above. In areas where groundcover and forage has been degraded or disturbed by maintenance or management activities, re=vegetation sha11 be conducted in accordance with an approved plan as outlined in 5.02, above. 7.0 NIISCELLANEOUS PROVISIONS AND RESTRICTIONS 7.01 Dust During construction, dust annoyance to adjacent property owners and Preserve Area shall be eliminated via application of water or other approved means. 7.02 Noise Noise resulting from project site construction sha11 not exceed the noise levels and other requirements stated in St. Lucie County Ordinances. 7. 03 Periodic CleanupBasic Site Restoration During construction, all accumulated debris and cleared vegetation will be removed from the project site on a regular basis, and as ordered by the Environmental Consultant and/or Project Engineer. NO construction debris or cleared vegetation shall be moved or stored within the on- site Preserve Area. 7.04 Water Quality Erosion control devices will be installed around the Preserve Area to prevent siltation and encroachment of turbid waters. All installed erosion control devices will be inspected by the Engineer and the Environmental Consultant prior to construction activities. 7.06 Chemical, Fuel, and other Hazardous Materials All chemicals, fuel, and other hazardous materials used on-site during construction activities, whether herbicide, pesticide, solvent, or reactant of other classification, will be required to have Environmental Protection Agency (EPA) or Housing and Urban Development (H[JD) approval. The handling, use, storage, and disposal of such materials, containers, or residues shall be in strict conformance with the manufacturer and or supplier's instructions. NO chemicals, fuel, or other hazardous materials will be stored within the Preserve Area. A hazazdous substance cleanup kit will be kept on-site during construction activities. NO chemicals, fuel, or other hazardous materials will be stored within twenty-five (25) feet of a Preserve Area. 7.07 onstrudion Equipment NO heavy equipment or construction equipment shall be stored, cleaned, repaired, or fueled in or within twenty-five (25) feet of a Preserve Area. ~ 8.0 MONITORING AND MAINTENANCE PLAN The Preserve Area will be monitored annually for a five (5) year period. A rime-zero monitoring report will be completed after the removal of exotic vegetation and the completion of any required planting. Monitoring will be conducted annually and annual reports documenting the results of the annual monitoring event will be prepared to document the status of the Preserve Area. The reports will include vegetation analysis, wildlife urilization, panoramic photographs, and conclusions of the annual monitoring event. 8.01 Monitoring Set-up The time-zero will consist of setting monitoring transects (T) with multiple quadrats (Q). The beginning of each transect (Tl, Ql) will be marked with a 36-inch survey stake or a concrete monument and will be used for fixed point panoramic photographs. Additional single point photos will be taken at all quadrats. These fixed-transects and photo stations will be used to document physical changes in vegetation characteristics in the Preserve Area annually. 8.02 Yegetation Survey Biologists will conduct annual vegetation surveys of each transect for a period of five (5) years. Each representative vegetative community type and major vegetation wne will be identif"ied in each transect. Sample quadrats will be established along each transect, approximately every 200 feet. Vegetation inside the quadrats will be iden~ed to species level, when possible. The percent-coverage of each species will be recorded. 8.03 Panoramic Transect and Fixed-Point Photographs At the beginning of each transect, a color panoramic photograph (180°) will be taken and the condition of each area will be discussed in the annual reports. Fixed-point photographs will also be taken at representative areas during the annual monitoring event. The photographs will provide physical documentation of the conditions within the Preserve Area. Photographs will be included in the annual reports. 8.04 ~ldlife UtiliZation A qualitarive study of wildlife utilization (birds, mammals, amphibians, and reptiles) will be conducted during each monitoring events. Wildlife utilization will be determined by sighring, scat, calls, nests, burrows, tracks, etc. A species list of observed wildlife from each of the annual monitoring events will be compiled and included in the annual reports. B.OS Exotic Plant Species Exotic and nuisance plant species will be removed, in perpetuity, within the proposed Preserve Area. Brazilian pepper, melaleuca, and downy rose myrtle currently located within the property will be removed from the site. Other exotic and nuisance species will be treated with an approved herbicide (i.e. Rodeo) or pulled by-hand. Exotic maintenance will be performed on an as needed basis, depending on the existing conditions during each annual monitoring event. The proposed Preserve Area will be maintained at a minimum of 90% free of listed exotic and nuisance vegetation as identified in the at~ached FLEPPC 2007 List of Invasive Exotic Plants. Maintenance will be conducted in perpetuity and will run with the land. 8.06 Monitoring Reports ' j Annual monitoring reports, depicting results of each of the annual monitoring events, will be submitted to the St. Lucie County Environmental Resource Department. The rime-zero report will be submitted within thirty (30) days of the completion of exoric vegetation removal and any ' j subsequent planting that may be required. Annual reports will be submitted within thirty (30) days of monitoring the Preserve Area. The monitoring reports will contain, but are not limited to, the following information: • date of the monitoring report; • results of the annual vegetation surveys; • results of the annual wildlife surveys; • panoramic and fixed-point photographs; • discussion of vegetarion vegetative coverage including exotic species and permit compliance according to St. Lucie Counry permit conditions. 5 FIGURES ST. LUCIE COUNTY Z / ~7 / ~ 2 STATE OF FLORIDA .a~"' ' d E tV ~ O ~ Q T ~ ' ~ ~ ;,r~.~ E ~,I, ~ .. ~: N ff ~~ (~ ~ ~ t ',__~_~~ ........... .....:....................: ... ... ~~z .. . . ' \~ .~1T" . 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T , ~ Ib ~ m IN 1 ~ ~~ U ~ U ~ U NU' ~ ~ g0 ~ ~~ppp o-i~ ~ ~ i 1 ~~ V U ~ ~ VU O ~ ? i go I , .. -"~ ~' - - IlSd~OAll~) L-521~'JNINOZ -' ~ ~lSd~OAlYJ) 15iJ~'JNIN02 . " ~- ~~ ,(lSdjO,W~) VS21-•JNINOZ ~ nsajo,uio) ~-sa:~NiNOz (l5d jO LLq) ltl ~3Sf1 ONtlI (lSd i0/.11~) ~iJ ~3Sf1 ONb'I , hSd j0 AL~) ITJ'3Sl7 ONVI - (lSd iD.LLlO) "Itl ~35f1 ONVI , b ~~t<-ri tttt ~ e ~ ae_» ~ ~ ¢ ~ ~ V ~ ,n ~ 3 i b ~ ~~~ ~~~~_ ~ff ~ a~~~~ ~$~~~ y $ Y ~ . ~~~~2. ~gff~~~ ~ ~~ g ~ ~~ ~ e o~ ~~ O O~ ~ I 1 ~ ~ ~ ~i!! I P ~ ~ 8 ~ ~ g ~ ~ q ~a 8 2 ~~,n~ . ~ ~ T ~,,,,,~~~~~~~R~ ~,,,,F,.~~ o~„>a~,ne ~,,.~~~~~ n.~H,.,~~~~r~,v~~,~~~~ne~~m~~~~„n~~oooe.uoo~~so~~sL~~~~~~~ IF YOU SHOULD SEE AN INDI60 SNAKE Do not disturb the snake. Any disturbance of the snakes activity is prohibited. Tf you nre engaged in an activity which may harm the snake, stop until the snake is clear of the area. Tf not currently authorized through nn Incidental Take Statement in association with a Biological Opinion, only individunls who have been either nuthorized by a section 10(a}(1)(A) permit issued by the Service, or by the State of Florida through the Florida Fish Wildlife Conservation Commission (FWC) for such activities, are permitted to come in contact with an eastern indigo snake. REPORTIN6 An eastern indigo snnke monitoring report must be submitted to the appropriate Florida Field Office within 60 days of the conclusion of clearing phases. The report should be submitted whether or not enstern indigo snakes are observed. The report should contain the following information: a. any sightings of eastern indigo snakes and b. other obligations required by the Florida Fish and Wildlife Conservation Commission, as stipulated in the permit. Contact the following agencies if indigo snakes are observed: U.S. Fish & Wildlife Service 772-562-3909 Floridn Fish & Wildlife Conservntion Commission 8d0-282-8002 Please report any sighting of this snake. A report should include a photograph of the snnke, a description of the snake, the date nnd time the snake wcts seen, and a precise description of the location of the sighting (preferably plotted on a legible mnp). These reports should be sent to the following: U.S. FISH AND WILDLIFE SERVICE 6620 SOUTHPOINT DRIVE, SOUTH SUITE 310 JACKSONVILLE, FL 32216 ~ ~ ~ ~ ~ Q O ~ 'a ~ ~ ~ ~ ~ ~ ~ ~ `+-- ~ O ~ ~ ~ ~ Q.,r ~'-Y ~ ''-' ~ ~ :~_-~ - t~ U ~ ~ ~ c~ ~ O '~ ~ 0 O ~ ~ p ~ ~ N ~ ~ C ~ ~ ~ ~ ~ ~ N C (6 N ~ C ~ ~ ~ U•~ ~LL~~ ~ ~ ~ ~ ~ ~ N ~ > ~ ~ ~ - ~ ~ N ~ ~ N L I~ U~ ~ rt+ L ~ ~ ~ ~ ~ ~ ~ ~ Z ~ ~ ~ r+~ W ~ ~ ~ ~ ~ ~ 0 V F~ \ ~ ~~ ~ ~ _+ C G~ ~ O ,C +.~+ = L y •L ~ ~ V ~ ~ p '~ ~ ;F, C 'G ~ N Y t!1 +~+ ~ ~ 'G ~ V ~ ~ ~ 'Q i 0 V ~ d ~ ~ .~ ~ ~ ~~L~~a~o ~~ ~ Y ~, ~ 'a ~ V ~ Q' ~~ N ~ ~ i ~ _ ~ O p ~ G> E „~ +~+ ~ y v~ N=++ ~4 y~ ~+ N G> O ~ G~ ~ ~ ~ ~ O ~ '~ ~ > i ~ ~ N ~ Y '++ 0 ~ ~ ~ N~ ~_~~ N t~ t~ ++ ~~ ~ t!1 ~ 'Q ~ ~ ~ C Q L ~' ~ ~ 4~ ~ 7 ~`F'~ ~t3;a~~~v~~~ L ~ ~ ~ L L ~',a ,~ ~~ N i _ > Nl Q G> p i A ~ C~ ~ C O W e~c 'a Q C~.~ +~+ = ca v~ ~ N V ~ ~ L ~ N N ~ O ..r ~ ~ ~ •L = O v ~ Q ~ L ~ ~ ~ p (6 ~ ~ N N ~ ~ C ~ V ~ ~ W ' -~ ~ ~~ ~~ ~N Y ~E ~ °_,~,o >,o ~ +~ ~ o p ~ L t6 - ~ N M ~ V ~~~ ~ ~ ~ ~ ~ ~ ~ C O _ f6 Y ~ 0 ~ C.O . ~ ,r+ ~ •- ' Q- RS N •~ ~ ~ N ~ ~ ~ N ~ ~ ti ~Y ~~V i ~ N ~ d O ~ ~ Q~ ~ ~ 'V V = ' ~M ~ ~ ~ ~ L U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O N ~ ~ ~ cA O .. (a O L C y- Y Q ~ ~ ~ ~ ~' ~ ~ ~~-~~' ~~ L '''' ~ O otS ~ N ~ '~ t 0 ~*r ~~ ~~' U ' N ~S N~O °° ~'o~ ~Q~ ~ ~ -a si~ L ~ N ~ ~~cn Q-~ +r V ~ ~ N N ~'aN .+r , . ~ ~c`~ c"- ~ ~ O ~ N ~O ' ~-- cn ~ a~ .~ O~n U o ~ ti ao v~~aLc~o~>.~~n~4- ~~ c o• ~ tn• c~C C L O ~~t,~~~~~tacaa~~~n ~`~Nt~ca c~E~~~a~ ~ ~ ~ V 0 ~ ~ ~ ~ 0 ~ ~ ~Q ~ ~n ~ ``~' N ~ (ls ~ ~ ~ -~ ~. ~ ~ ~ -r >' ~ N ~ ~ -a ~ N ~ ~ ~ O ~ N Y ~ ~ •~ ~ Ri ~ ~ ~, ~ ~ t0 O ~ N ~ ~ ~ u d' ~ ~ L N ~ ~ ~ ~ ~ ~ N N ~'~ ~~' ~ fa ~ N O C ~ O • O (0 ~ Q (a ~ ~ (6 p C ~ .~ (n ~ .~.~ (a .r N U Y ~ ~ ~ 'a N ` _ ~- "= (6 l~ C~ 0~ fA ~ O N ~ ~ ~ ~ - ~j L ~ ~ .~-+ c~ "r ~~ N~~ aj ~j ~ Q N ~ N ~•C~ U ~~N Q~ U t6 .L ~ O O O~~'C c1T O?' N~. C Y ~'~ -a •- (a O ~ ~ ' Y ~ ~ ~ p ~ ~ N i N ~ ~ ~ ~ ~ ~ (~ ~ ~ ~ (n i N ~' 'L L' ~ ~ Q~ ~ ~ ~ ~ ~•~ O ~ ~ ~ ~ ~ U -C ~ O •- (6 p O ' O O~- ~~>+ U ~Q V ~~ ~ ~~ ~~'~ ~ ~ ~ (~ '~ ~ (' (0 C uj a~ _ a~ ~ t - -a a~ ~~~ ~~ ~ ~ ~ ~o ~~~~c~~o~~ ~ Z U~ ,~ L L L~ N ~ ~ ~ ~ L ~ ~ O ~ ~ ~ O W ' c li ~c ~ ~ ~~ o~ °~ ~ c~~ o ~' ~ ~ Q_vi ~ Y N ~ ~~ y.~- O y-' A~ U ~ L ~L ~ ~ •~ .~ ~ ~ Q~ ~ ~ ~ Q y"' ~ r ~ . ~ ~ ~ ~ ~ ~ Q..~ 4~ ~ ~ South Florida Ecological Services Office DRAFT May 25, 2004 Species Conservation Guidelines South Florida Eastern Indigo Snake The Species Conservation Guidelines (Guidelines) for the eastern indigo snake (Drymarchon corais couperi) provide a tool to determine if a proj ect, i. e., a Federal permit, a Federal construction project, or other such action, may adversely affect eastern indigo snakes. Here we describe what actions might have a detrimental impact on the eastern indigo snake and how these effects can be avoided or minimized. Life History The ecology of the eastern indigo snake has been recently reviewed in Ha11am et a1. (1998) and Service (1999}. The eastern indigo snake was listed as a threatened species in 1978 as a result of dramatic population declines caused by overcollecting for the pet trade, as well as mortalities caused by rattlesnake collectors gassing gopher tortoise burrows to collect snakes (Speake and Mount 1973). The eastem indigo snake is a large, slow moving, non-aggressive species that poses no threat to humans. Since its listing, habitat loss and fragmentation by residential and commercial expansion have become much more significant threats to the easter~ indigo snake (Service 1999). Habitat Eastern indigo snakes make use of a large variety of habitat. In south-central Florida, Layne and Steiner (1996) determined adult male home ranges average about 74 ha (183 acres), and can be as large as 199.2 ha (492.2 acres), whereas adult female home ranges average about 19 ha (47 acres) and can be as large as 48.6 ha (120.1 acres). Because of its relatively large home range, this snake is especially vulnerable to habitat loss, degradation, and fragmentation (Lawler 1977; Moler 1992). Over most of its range, the eastern indigo snake frequents several habitat types, including pine flatwoods, scrubby flatwoods, high pine, dry prairie, tropical haxdwood hammocks, edges of freshwater marshes, agriculiural fields, coastal dunes, and human-altered habitats (Service 1999). Eastern indigo snakes appear to need a mosaic of habitats to complete their life cycle. Wherever the eastern indigo snake occurs in xeric habitats, it is closely associated with the gopher tortoise (Gopherus polyphemus), the burrows of which provide shelter from winter cold and desiccation (Bogert and Cowles 1947; Speake et al. 1978; Layne and Steiner 1996). Interspersion of tortoise-inhabited uplands and wetlands improves habitat quality for this species (Landers and Speake 1980; Auffenberg and Franz 1982). Even though thermal stress may not be a limiting factor throughout the year in south Florida, eastern indigo snakes still seek and use underground refugia in the region. On the sandy central South Florida Ecological Services Office DRAFT May 25, 2004 ridge of south Florida, eastern indigos use gopher tortoise burrows more (62 percent) than other underground refugia (Layne and Steiner 1996}. Other underground refugia used by this species include armadillo (Dasypus novemcinctus) burrows near citrus groves, cotton rats (Sigmodon hispidus) burrows, and land crabs (Cardisoma guanhumi) burrows in coastal areas (Wilson and Porras 1983). Natural ground holes, hollows at the base of trees or shrubs, ground litter, trash piles, and crevices of rock-lined ditch wa11s are also used (Layne and Steiner 1996). These refugia are used most frequently where tortoise burrows are not available, principally in low- lying areas off the central and coastal ridges. In extreme south Florida (the Everglades and Florida Keys), eastern indigo snakes are found in tropical hardwood hammocks, pine rocklands, freshwater marshes, abandoned agricultural Iand, coastal prairie, mangrove swamps, and human- altered habitats (Steiner et a1. 1983). It is suspected that they prefer hammocks and pine forests, because most observations occur in these habitats disproportionately to their area (Steiner et a1. 1983). Hammocks may be important breeding areas as juveniles are typically found there. The eastern indigo snake is a snake-eater so the presence of other snake species may be a good indicator of habitat quality. Based on studies in the south-central Florida region, Layne and Steiner (1996) believe that the eastern indigo snake does not require undisturbed habitat and can persist in semi-developed rural areas and housing subdivisions as long as food resources and adequate cover are available. Eastern indigo snakes inhabiting populated areas may become relatively tolerant of human environs, regularly moving about in the open on lawns, patios, or porches, largely ignoring humans and pets (Layne and Steiner 1996). These developed areas can provide suitable refugia and foraging opportunities, but snakes are more vulnerable because to the tendency of people to kill snakes and the snakes' tendency to move about exposing them to vehicular traffic. Snakes suffer the greatest vehicular mortality from June to November in central Florida (Enge and Wood 2002). Distribution Eastern indigo snakes still occur throughout Florida, though they are not commonly seen (Moler 1992). Given their preference for upland habitats, eastern indigo snakes are not commonly found in the wetland complexes of the Everglades region but are reported from drier areas (Duellman and Schwartz 1958; Steiner et al. 1983). Eastern indigo snakes also occur in the Florida Keys. They have been collected from North Key Largo, Big Pine, and Middle Torch Keys and are reliably reported from Big Torch, Little Torch, Summerland, Cudjoe, Sugarloaf, and Boca Chica Keys (Lazell 1989; Service 1999). Determination Review the SLOPES flowchart in Figure 1 to identify how a given project may affect the eastem indigo snake and what options are available for minimizing impacts to this species. Since eastern indigo snakes have been found in many habitats in south Florida, most tenestrial projects may affect the species. Suitable habitat in south Florida may include all native habitats except South Florida Ecological Services Office 3 DRAFT May 25, 2004 permanent wetlands. When gopher tortoise burrows occur in the project area, a close watch should be kept for eastern indigo snakes. The gopher tortoise is protected by State law, as such state guidelines should be followed when dealing with burrows (FWC 2001). If an eastem indigo snake is encountered during tortoise burrow surveys it should be allowed to leave without harassing it. If burrow excavation is planned and an eastern indigo snake is observed in the burrow, then excavation must be conducted with particular caution to prevent potential injury to the snake. Excavation should not occur without proper permits from the State. Once excavated, cease construction activiries long enough to allow the snake to leave the area. Report a11 burrow surveys (including negative ones) and snake sightings in a biological report (see below). Conservation Measures It appears that harm to the indigo snake occurs primarily through construction accidents, vehicular strikes, and habitat loss/degradation. These adverse effects can be minimized by maintaining a careful watch during construction and when traveling on site to avoid killing snakes. In addition, protecting gopher tortoise burrows and leaving native vegetation as refugia on site for snakes displaced by construction activity can benefit this species. The eastern indigo snake is not likely to be adversely affected if the following measures are implemented for the proj ect. 1) Go~iher tortoise burrows on site are protected via conservation easements. If such habitat must be disturbed, limit disturbance to a minimum and improve remaining habitat through exotic vegetation removal. Narive vegetation should be maintained on site as refuges for the snake. 2) Clearing and grading acrivities should be performed outside high activity months (June to November). Winter months (January to March) provide the best opportunity to initiate and complete construction activities that will not impact this species. 3) Post informational signs containing the following information throughout the construction site and along any proposed access road: a. a description and picture of the eastern indigo snake, its habits, and protecrion under Federal Law; b. instructions not to injure, harass; or kill this species; c. directions to cease clearing activities and a11ow the eastern indigo snake sufficient time to move away from the site on its own before resuming clearing; and, d. telephone numbers of pertinent agencies to be contacted if a dead eastern indigo snake is encountered (see below). Inforrnationa.l posters should be submitted for review as part of the initiarion package (see below). Other useful educational materials may consist of a combination of posters, videos, pamphlets, and lectures (e.g., an observer trained to identify eastern indigo snakes South Florida Ecological Services Office DRAFT May 25, 2004 could instruct construction personnel before any clearing activities occur). 4) Monitor eastem indiga snake activity on site. Report any eastern indigo snake observations that occur during project activities (see monitoring report below). Handling and moving the snakes is not allowed without a special permit. If large snake skins are found they may belong to an eastern indigo snake. These can be collected and sent to the Service for positive identification. Information on the date and location collected are needed. If the project involves substantialland clearing, a determination of likely to adversely affect may be warranted. In this situation, the Service recommends early coordination to identify options available to reduce adverse impacts to the indigo snalce. Report Guidelines See the Guide to a Complete Initiation Package (Service 2004) for information on what is needed for a biological report. This document is the basis for a determination and needs to include sufficient information to support the deternunation. Monitoring Report A monitoring report should contain the following information: location, dates, and times for any sightings of eastern indigo snakes. Also include the results any of tortoise burrow searches. If a snake is encountered during a tortoise burrow search then a description of the outcome for the snake is needed. Was the snake left in an intact burrow? Was the burrow excavated? If so, did the snake leave and where did it go? A site map with sighring locations marked would be helpful. If no snakes are encountered, a report should be submitted indicating that fact. The report should be sent to the South Florida Ecological Services Office (attention: Eastern Indigo Snake Lead Biologist) within 60 days of the conclusion of the project. Dead, injured, or sick animals If a dead, injured, or sick eastern indigo snake is found on site, notification should be made to the nearest Fish and Wildlife Service Law Enforcement Office. Secondary notification should be made to the Florida Fish and Wildlife Conservation Commission; South Region; 3900 Drane Field Road; Lakeland, FL 33811; Wildlife Alert Number 1-800-404-3922. A dead specimen should be thoroughly soaked in water, and then frozen. In conjuncrion with the care of sick or injured eastern indigo snakes or preservation of biological material from a dead animal, the finder also has the responsibility to carry out instructions provided by the Fish and Wildlife Service Law Enforcement officer to ensure that evidence intrinsic to the specimen is not unnecessarily disturbed. South Florida Ecological Services Office DRAFT May 25, 2004 Literature Cited Auffenberg, W., and R. Franz. 1982. The status and distribution of Gopherus polyphemUS. Pages 95-126 in R.B. Bury, editor. North American tortoises: conservarion and ecology. U.S. Fish and Wildlife Service Research Report No. 12. Government Printing Office; Washington, DC. Bogert, C.M., and R.B. Cowles. 1947. Results of the Archbold expeditions. No. 58. Moisture loss in relation to habitat selection in some Floridian reptiles. American Museum Novitates 1358:1-55. Cox, J., D. Inkley, and R Kautz. 1987. Ecology and habitat protection needs of gopher tortoise (Gopherus polvphemus) populations found on lands slated for large-scale development in Florida Florida Game and Fresh Water Fish Commission. Nongame Wildlife Program Technical Report No. 4. Duellman, W.E., and A. Schwartz. 1958. Amphibians and reptiles of southern Florida. Bulletin Florida State Museum, Biological Science 3:181-324. Enge, K.M., and K.N. Wood. 2002. A pedesri-ian road survey of an upland snake community in Florida. Southeastern Naturalist 1(4):365-380. Florida Fish and Wildlife Conservation Commission (FWC). 2001. Available options to address the presence of gopher tortoises on lands slated for development. Tallahassee, Florida. http~//wld fwc state fl us/permits/policv/tortoise relocation ~uidelines.pdf. Accessed 18 September 2003. Hallam, C.O., and K. Wheaton. 1998. Species Profile: Eastern Indigo Snake (Drymarchon corais couperi) on military installations in the southern United States. Technical Report SERDP-98-2. U.S. Army Engineer Waterways Experimental Station, Vicksburg, Mississippi. http://www.wes.army.mil/el/tes/. Accessed 18 September 2003. Landers, J.L., and D.W. Speake. 1980. Management needs of sandhill reptiles in southern Georgia. Proceedings of the Annual Conference of the Southeastern Association of Fish and Wildlife Agencies 34:515-529. Layne, JN., and T.M. Steiner. 1996. Eastern indigo snake (Drymarchon corais couperi): summary of research conducted on Archbold Biological Station. Report prepared under Order 43910-6-0134 to the U.S. Fish and Wildlife Service; Jackson, Mississippi. Lawler, H.E. 1977. The status of Drymarchon corais couperi (Holbrook), the eastem indigo snake, in the southeastern U.S.A. Herpetological Review 8(3):76-79. Lazell, J.D., Jr. 1989. Wildlife of the Florida Keys: a natural history. Island Press, Washington South Florida Ecological Services Office DRAFT May 25, 2004 DC. Moler, P.E. 1992. Eastern indigo sna.ke. Pages 181-186 in P.E. Moler, editor. Rare and endangered biota of Florida, volume III, Amphibians and Reptiles. University Press of Florida; Gainesville, Florida. 6 Speake, D.W., and R.H. Mount. 1973. Some possible ecological effects of "rattlesnake roundups" in the southeastern coastal plain. Proceedings of the Annual Conference of the Southeastern Association of Fish and Wildlife Agencies 27:267-277. Speake, D.W., J.A. McGlincy, and T.R. Colvin. 1978. Ecology and management of the eastern indigo snake in Georgia: A progress report. Pages 64-73 in RR. Odum and L. Landers, editors. Proceedings of rare and endangered wildlife symposium, Georgia Department of Natural Resources, Game and Fish Division, Technical Bulletin WI. 4. Steiner, T.M., O.L. Bass, Jr., and J.A. Kushlan. 1983. Status of the eastern indigo snake in southern Florida National Parks and vicinity. South Florida Research Center Report SFRG-83/O1, Everglades National Park; Homestead, Florida. U.S. Fish and Wildlife Service (Service). 1999. South Florida multi-species recovery plan. Atlanta, GA. http://verobeach.fws. o~_ v/Pro~rams/Recoverv/vbms5.html. Accessed 18 September 2003. U.S. Fish and Wildlife Service (Service). 2004. Guide to a complete initiation package. South Florida Ecological Services Office, Vero Beach, Florida. (see SLOPES Introduction Appendix A). Wilson, L.D., and L. Porras. 1983. The ecological impact of man on the south Florida herpetofauna. University of Kansas, Museum of Natural History. Special Publication No. 9. GIS layers None available. Florida Exotic Pest Plant Councii's 2007 List of Invasive Plant Spe~ies Purpose of the List: To focus attention on - / the adverse effects exotic pest plants have on Florida's biodiversity and plant communities, - the habitat losses from exotic pest plant infestations, / the impacts on endangered species via habitat loss and alteration, / the need to prevent habitat losses through pest-plant management, - the socio-economic impacts of these plants (e.g., increased wildfires in certain areas), / changes in the seriousness of different pest plants over time, / the need to provide information that helps managers set priorities for control programs. CATEGORY I lnvasive exotics [hat are altering na[ive plant communities by displacing na[ive spuies, changing community structures or ecological functions, or hybridiring with natives. This definitian does no[ iely an the ecoriomic severity ar geographic range of the problem, but on the daumented ecological damage caused. Scientific Name Abrus precatorius Acacia auriculiformis AArizia julibrissin Albizia tebbeck Ardisia crrnata (=A. crenulata misapplied) Ardisia elliptica (=A. humilis misapplied) Asparagus aethioPicus (=A. sprengeri; A. densijlorus misapplied) Bauhinia variegata Bischofia javanica Calophyllum antiilanum (=C. calaba and C. inophyllum misapplied) Casuaritta equisetifotia Casuarina glauca Cinnamomum camphara Colocasia uculenta Colubrina asiatica Cupaniopsis anacardioides Dioscrnea alata Dioscorea bulbifera Eichharnia crassipes Eugenia unijlora Ficus microcarpa (F nitida and F. retusa var. nitida misapplied) Hydrilla verticillata Hygrophila poiysperma Hymenachne amplexicautis Imperata cylindrica (I. brasiliensis misapplied) ipomoea aquatica Jasminum dichotomum Jasminum ffuminense Inntana camara Ligustrum lucidum Ligustrum sixense Common Name rosary pea earleaf acacia mimosa, silk tree woman's tongue coral ardisia shoebutton ardisia asparagus-fern orchid tree bishopwood santa matia (names "mast wood,' "Alesandrian laurel" used in cultivation) Australian-pine, beach sheoak suckering Australian-pine, gray sheoak camphor tree wild taro lather leaf carrotwood winged yam air-potato wazer-hyacinth Surinam cheiry laurel fig hydrilla I P, U N, C, S green hygro I P, U N, C, 5 West Indian marsh grass 1 C, S cogon grass I N, U N, C, S waterspinach I P, U C Gold Coast ja.anine I G, 5 Brazilian jasmuie 1 G, S, lantana, shrub verbena I N, C, S glossy privet I N, C Chinese privet, hedge privet 1 N, C, S FLEPPC Cat. I 1 I I I I N C, S I N,C,S 1 C, S I C, S I S 1 1 I 1 I I I I I I I P, N P, N N N N N P N, G, 5 G, 5 N,C,S N,C,S S C, 5 N,C,S N, C, S N,C,S C, 5 C, S Gov. list N Reg. Dist. G, S C, S N, C C, S N,C,S fLEPPC 20Q7 List of lovasive PIaiK Species - FaB 2007 FLEPPC Gov. Reg. Scientific Name Common Name Cat. List Dist. I.onicera japonica Japanese honeysuckle I N, C, S Ludwigia peruviana Peruvian primrosewillow I N, C, S Lygodium japonicum Japanese climbing fern I N N, C, S Lygodium microphytium Oid World climbing fern 1 N C, S Macfakyena unguis-cati cat's claw vine I N, G, S Manilhara Zapota sapodilla I S Melaleuca quinquenervia melaleuca, paper bazk I P, N, U C, S Mimosa pigra catdaw mimosa I P, N, U C, 5 Nattdina domestica nandina, heavenly bamboo 1 N, G Nephrolepis cordifolia sword fern I N, C, S Nephrolepis multiJlora Asian sword Eem 1 C, S Neyraudia reynaudiana Burma reed, cane grass I N S Paederia ciuddasiana sewer vine, onion vine I N S Paederia foetida skunk vine I N N, C, S Pan'uum repens torpedo grass 1 N, C, S Pennisetum purpureum Napier grass I N, C, S Pistin stratiotes waterlettuce I P N, G, S Psidixm cattleianum (=P. littorale) strawberry guava 1 C, S Psidium guajma guava I G, S Pueraria montana var. iobata (=P. (obata) kudzu I N N, C, S Rhodomyrtus tomentosa downy rose-myrtle I N C, S Rhynchelytrum repens Natal grass I N, C, S (=Melinis repens) Ruellia tweediana . Mexican petunia l N, C, S (= R. brittoniana , R. coerulea) Sapium sebiferum (=Triadica sebiJera) popcorn tree, Chinese tallow a~ee I N N, C, S Scaevola taccada scaevola, haff-flower, beach naupaka 1 N C, S (=Scaevola sericea, S.frutescens) Schefflera actinophylla schefflera, Queensland umbrella tree 1 C, S (=Biassaia actinophylla) Schinus trrebinthifolius Brazilian pepper I P, N N, C, 5 Srnna pendula var. glabrata climbing cassia, Chrisunas cassia, I C, S (=Cassia coluteoides) Christmas senna Solanum tampicense (=S. houstonii) wetland nightshade, aquatic sala apple I N, U C, S Sdanum viarum tropical soda apple I N, U N, C, S Syngonium podophyllum arrowhead vine I N, C, S Syzygium cumini jambolan plum, Java plum I C, S Tectaria incisa incised halbeid fern I 5 Thespesia populnea seaside mahoe I C, S Tradescantia f tuminensis white-flowered wandering jew I N, C Urochloa mutica Paza grass I C, S (= Brachiaria mutica) CATEGORY II Invasive eacotics that have increased in abundance or frequency but have not yet altered Florida plan[ communities to the extent shown by Category I species. These species may become ranked Category 1, if ecological damage is demonstiated. FtEPPC Gov. Reg. Scientific Name Common Name Cat. List Dist Adenanthera pavonina ted sandalwoal Il S Agave sisatana sisal hemp 11 C, S Aleurites foniii (=Uernicia fordii) tung oil tree lI N, G Aktonia macrophylla devil tree II S AUernnnthera philoxeroides alligatDr weed II P N, C, S Antigonon leptopus corai vine II N, C, S Aristolochia littoralis calico flower 11 N, C, S fLEPPC 2007 List d Imasive Plant Species - Fall 2007 FLEPPC Gov. Reg. Scientific Name Common Name Cat. List Dist. Asystasia gangetica Ganges primrose II C, S Begonia cucutlata wax begonia ll N, G, S Blechum pyramidatum green shrimp plant, Browne's blechum II N, G, S Broussonetia papyriJera paper mulberry ll N, C, S Callisia fragrans inch plant, spironema 11 C, S ,uarina cunninghamiana river sheoak, Australian-pine II P G, S Cetropia palmata trumpet tree II 5 Cestrum diurnum day jessamine lI C, 5 Chamaedorea seifrizii bamboo palm Il 5 Clematis ternif lora Japanese clematis Il N, C Cryptostegia madagascariensis rubber vine 11 C, S Cyperus involucratus umbrella plant II C, S (C. alternifolius misapplied) Cyperus prolifer dwarf papyrus 11 C, S Dalbergia sissoo Indian msewood, sissoo II C, S Elaeagnus pungens sIlvenhom, thomy olive II N, C Epipremnum pinnatum cv Aureum pothos II G, S Ficus attissima false banyan, council [ree ll S Flacourtia indica governot's plum 11 5 Hemarthria altissima limpo grass II C, S HiMscus tiliaceus (=Taiipariti tiliaceum) mahce, sea hibiscus II C, S Ipomoea fistulosa shrub mor[ung-glory II P C, S (=I. carnea ssp. fis[utosa) Jasminum sambac Arabian jasmine 11 5 Kalanchoe pinnata life plant ll C, 5 Koelreuterin elegans ssp. flamegold tree 11 C, S jarmosana (=K. Jormosana; K. paniculata misapplied) . Leucaena leucocephala lead tree II N N, C, S Limnophila sessiliflora Asian marshweed II P, U N, C, S Livistona chinensis Chinese fan palm II C, 5 Metia az~arach Chinaberry lI N, C, S Melinis minutiflora Molassesgrass Il G,5 Meriemia tuberosa wood-rose 11 S Murraya paniculata orange-jessamine 11 S Myriophyllum spicatum Eurasian water-tnilEoil lI P N, G, 5 Nymphoides cristata snowflake li C, S Panicum maximum Guinea grass Il N, C, 5 Passiflora biflora two-flowered passion vine II S Pennisetum setateum green fountain grass lI S Phoenix reclinata Senegal date palm ll C, 5 Phyliostachys aurea golden bamboo II N, C Pittosporum pentandrum Philippine pittasporum, Taiwanese che esewood II S Pteris vittata Chinese brake fem II N, C, S Ptychosperma elegans solitaire palm II S Rhoeo spathacea (see Tradescantia spathacea) Ricinus communis castor bean II N, C, S Rotala rotundifolia roundleaE toothcup, dwarE Rotala, II S Sansevieria hyacinthoides bowsuinghemp lI C, S Sderia lacustris Wright's nutrush II G, S Sesbania pxnicea purple sesban, rattlebox lI N, C, S Sotanum diphyllum two-leaf nighcshade lt N, C, S Solanttm jamaicense Jam~ca nightshade lI C Solaxum tormm susumber, turkey berry 11 N, U N, C, S FLEPPC 2007 List of invasive Plant Species - Fa8 2007 - FLEPPC Gov. Reg. Scientific Name Common Name Cai. List Dist. Sphagnetimla trilobata wedelia II N, C, 5 (=Wedetia Mlobata) Stachytarpheta cayenneresis nettle-leaf porterweed li 5 (=S. urticifolia) Syagrus romanzo(fiana queen palm Il C, S (=Arecastrum romanzo,(fianum) SyZygium jambos rose-apple Il C, S Terminalia catappa tropical-almond ll C, S Terminalia muetleri Australian-almond lI C, S Tradescantia spathacea oyster plant lI S (=Rhceo spathacea, Rhoeo d'ucolor) Tribulus cistoides puncture vine, burr-nut li N, C, S Urena lobata Caesar's weed 11 N, G, 5 Vite~c trifolia sunple-leaf chaste tree II C, S Washingtonia robusta Washington fan palm lI C, S Wedelia (see Sphagneticola above) Wisteria sinensis Chinese wisteria lI N, G Xanthosoma sagittifolium malanga, elephant ear lI N, C, S Citation example: FLEPPC. 2007. List of Florida's Invasive Plant Species. Florida Exotic Pest Plant Council. lntemet: http•l/www.Eleppc. org/07list.htm or ~ldland Weu1s Vol. 10(4), Fall 2007. The 2007 list svas prepared by the FLEPPC Plant List Comnuttee: Keith A. Bradley - Chair (2006-present), The lnsutute for Regional Conservation, 22601 S.W. 152'~ Ave., Miami, FL 33170 Kathy Craddock Burks - Cha'v (2001-2006) Nancy Crait Coile, Botanist Emerita, Division of Plant Industry, Florida Department of Agriculmre and Consumer Services, 22804 N.W. County Road 2054, Alachua, FL 32615 Janice A. Duquesnd, Florida Pazk Service, Florida Department of Environmental Protection, PO. Box 1052, Islamorada, FL 33036 David W. Hall, Private Consulting Botanist, 3666 N.W. 13`" Place, Gainesville, FL 32605 Roger L. Haznmer, Miami-Dade Pazks Department, Castellow Hammock Nature Center, 22301 S.W. 162"d Ave., Miami, FL 33030 Pavicia L. Howell, Broward County Parks, Environmental Section, 950 NW 38`" Street, Oakland Pazk, FL 33309 Colette C. Jacono, U. 5. Geological Survey, Center for Aquatic Resources Studies, 7920 NW 71st Street, Gainesville, FL 32653 Kenneth A. l.ange]and, Center for Aquatic and Invasive Plants, IFAS, University of Florida, 7922 N.W. 71st St., Crainesville, FL 32606 Chris Lockhart, Florida Natural Areas Inventory, clo P.O. Box 243116, Boynton Beach, FL 33424-3116 Gil Nelson, Gil Nelson Associates, 157 Leonarzl's Drive, Thomasville, GA 31792 Robert W. Pemberton, Invasive Plants Research Lab, U.S. Dept. of A~iculture, 3225 College Ave., Ft Laudetdale, FL 33312 Juni L. Sadle, Everglades National Park, 40001 State Road 9336, Homestead, FL 33034 Robert W. Simons, 1122 S.W. llth Avenue, Gainesville, FL 32601-7816 Sandra M. Vardaman, Alachua Counry Forever Land Conservauon Program, Alachua County Environmental Protedion Dept., 201 SE 2nd Avenue, Suite 201, Gainesville, Florida 32601 Daniel B. Ward, Department of Botany, Universiry of Florida, 220 Bartram Hall, Gainesville, FL 32611 Richard P. Wunderlin, Institute for Systematic Botany, Dept. of Biological5ciences, University of South Florida, Tampa, F1. 33620 FLEPPC Database - The Florida Exotic Pest Plan[ Database contains over 6,000 sight records of infestaaons of FLEPPC Category I and Category II species in Fiorida public lands and waters. 360 species are recorded. Nearly all of the records are from local, state, and federal parks and preserves; a Eew records document infestaaons in regulasly disturbed public lands such as highway or utility rights-of-way. Natural azea managers and other veteran observers of Florida's natural landscapes submit these records, with many supported Eurthet by voucher specimens housed in local or regional hu- bana for Euture reference and verification. New and updated observations can be submitted online ac www.fleppc.org/ EDDMapS/ This database, along with ocher plant-data resources such as the University of South Florida Atlas of Florida Vascular Plants at www.plantadas.usf.edu, the Florida Natural Areas Inventory database at www.fnai.org, and The Institute for Regional Conservation Floristic Inventory oF South Florida database at www.regionalconservation.org, pmvides important basic supporting information fot the FLEPPC List of lnvasive Plant Species. Images of FLEPPGIisted species may be found at one or more of the following websites: Univusity of South Florida Adas of Florida Vascular Plants, www.plantadas.usf.edu; the °lntroduced Species" page on the Univetsity of Florida Herbazium wehsite, www.flmnh.uR.edu/herbarium/cat/digitalimagingprojects.htm; at Fazrchild Tmpical Garden's Vntual Herbanum, www.virtualhetbarium.org~vhpottal.html, The Robert K. Galfrey Herbarium at FSU, httpJ/herbarium.bio. fsu.edulindeY.php; and at the Universiry of Florida's Center for Aquazic and Invasive Plants, httpJ/planu.ifas.ufl.edu. Please note that greater success and accuracy in seamhing for plant unages is likely if you seu~ch by scientific name rather [h~ a comtnon name. Common names often vary in cultivazion and actoss regions. For additional informadon on pl~ts included in this list, see related finks and pages at www.fleppc.org. fLEPPC 2007 List of Invasive Piant Species - FaA 2007