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Home My WebLink About2006 - Critical Habitat Assessmentp�cle- ch Consulting Inc. ental and Permitting Services March 29, 2006 Wayne Kozlowski 75 Merrill Court Bristol, CT 06010 info@bio-techconsuitiog.com www.hio-techconsulting.com i7 Proj: Kozlowski Project Site (aka Turtle Grove) Indian River County, Florida Section 26, Township 31 South, Range 38 East c ; BTC Project # 130-17.03 Re: Critical Habitat Assessment/Gopher Tortoise Assessment Dear Mr. Kozlowski: During January of 2006, Bio -Tech Consulting Inc. conducted a formal site evaluation of the Kozlowski Project Site. The subject site is located on the west side of Laconia Street, south of Gladiola Avenue within Section 26 Township 31 South, Range 38 East, Indian River County, Florida (Figure 1). The purpose of this assessment is to identify any critical habitat and identify any occurrences of listed species. During the site investigation no critical habitat was identified due to the highly disturbed nature of the site. The site was previously utilized as citrus grove and has since been abandoned. Due to the lack of maintenance and the disturbed nature of the site it has become overrun by invasive and exotic species including, but not limited to, Brazilian pepper (Schinus terebinthifolius), guinea grass (Urochloa maxima) and cogon grass (Imperata cylindrica). However, during this investigation gopher tortoise burrows were found within the property boundaries. Bio -Tech Consulting conducted a formal gopher tortoise survey in order to determine the exact number and location of any active/inactive gopher tortoise burrows within the property boundaries. O 315 North Ferncreek Avenue Orlando Fl. 32803 on 407.894.5969 ix 407.894.5970 0 1711 Indian River Boulevard, Suite 202-C Vero Beach FL 32960 ph 172.563.0344 ix 772.563.0345 Wayne Kozlowski Kozlowski Project Site (BTC File #130-17.03) Page 2 of 4 Gopher tortoise burrows were identified on the subject property within the Brazilian Pepper (422) and Disturbed Lands (740) portions of the subject property (Figure 2). A similar community type located within the property boundaries is also classified as Disturbed Lands. Unlike the central portion of the property this area is covered with blackberry thickets and would not be classified as suitable habitat for gopher tortoises due to the lack of foraging vegetation. This area is found on the western portion of the property. These areas have been separated based upon community type using the Florida Land Use Cover Forms Classification System (FLUFCS) Jan. 1999. Currently, the gopher tortoise (Gopherus polyphemus) is classified as a "Category 2 Candidate Species" by US Fish and Wildlife Service (USFWS), as a "Species of Special Concern" by Florida Fish and Wildlife Conservation Commission (FFWCC), and as "Threatened" by Florida Committee on Rare and Endangered Plants and Animals (FCREPA). The basis of the classification as "Species of Special Concern" by the FFWCC for the gopher tortoise is due to habitat loss and the destruction of burrows. Gopher tortoises are commonly found in areas with well -drained soils associated with xeric pine -oak hammock, scrub, pine flatwoods, pastures and abandoned orange groves. Twelve (12) active gopher tortoise burrows were observed within these cover types during the survey, 8 within the Brazilian Pepper and 4 within Disturbed Lands. After the application of the Auffenburg-Franz factor (0.614), we estimate that approximately 4.912 tortoises are currently utilizing the habitat present in the Brazilian Pepper community and approximately 2.456 within the Disturbed Lands component. Several other protected species are known to occur in Indian River County or have the possibility of occurring in these areas, which are gopher tortoise commensal species. These species include the eastern indigo snake (Drymarchon corals couperi), Florida mouse (Podomys floridanus) and the gopher frog (Rana capito). However, none were observed during this survey. The FFWCC provides four options for developers who have gopher tortoises on a property that is being developed. These options include avoidance, preservation of habitat, contribution to a wildlife trust fund (i.e. contribution of money for purchase of land that is part of a gopher tortoise mitigation bank) and relocation. New gopher tortoise relocation guidelines became effective March 1, 2001. These new guidelines were put in place in order to address the URTD common in gopher tortoises. The following new guidelines now apply: 1) No symptomatic tortoises will be relocated off-site, 2) Blood testing of tortoises being relocated off-site is required [If 10 or fewer tortoises are to be relocated off-site, at least five individuals from the population shall be selected at random and tested. If more than 10 tortoises are to be relocated, 25% of the population (up to a te-Tech Consulting Inc. vironmcntal and Permitting Services Wayne Kozlowski Kozlowski Project Site (BTC File #130-17.03) Page 3 of maximum of 25 tortoises) or five tortoises, whichever is greater, shall be tested.] 3) If tortoises are found to have the URTD they may either be relocated to an on-site preserve or dealt with utilizing an incidental take permit. During January of 2006 Bio -Tech Consulting conducted testing of the Gopher Tortoises for the Upper Respiratory Tract Disease (URTD). This testing requires the tortoises be bucket or hand trapped in order to preserve the burrows. Blood is then drawn and separated leaving just the plasma. These plasma samples are then sent to the University of Florida's Mycoplasma Research Lab for analysis. Of the five samples submitted to the lab, two of these came back positive for the URTD and three were negative for the disease. Exhibit 1 depicts the results of these findings from the University of Florida Lab. FFWCC regulations require a maximum of three (3) tortoises per acre for on-site relocation. The project site consists of roughly 15 -acres and would require 3 acres of suitable habitat to be preserved approximately this would amount to 20% of the developable land to be preserved. Based upon current site plans the opportunity to relocate on-site does not exist and due to the lack of suitable upland habitat, on-site relocation would not be sustainable. Therefore, Bio -Tech Consulting recommends that an incidental take permit be utilized in order to proceed with the development of the property. As a condition of approval of the preliminary plat, the City of Sebastian required: "To the extent allowed by regulatory agencies, applicant will relocate gopher tortoises to conservation and other non -developable areas on site, and will relocate any other remaining tortoises to approved off-site locations if healthy". In accordance with FFWCC regulations, an incidental take permit is still required due to the occurrence of URTD even if the City of Sebastian requires the on-site relocation. The available on-site upland habitat suitable for relocation is 0.27 acres. If all of the healthy on-site gopher tortoises were to be relocated on-site, this would result in an abnormally high density in this area. Due to the confined space of the conservation area this could cause the tortoises to leave the preservation area and move off-site to other available habitat. This could possibly result in the spread of the URTD disease to off-site populations that are currently uninfected. Bio -Tech Consulting Inc. Environmental and Permitting Services Wayne Kozlowski a Kozlowski Project Site (BTC File #130-17.03) Page 4 of 4 In accordance to FFWCC guidelines, the on-site habitat is not large enough to support one gopher tortoise. If the City of Sebastian requires any gopher tortoises to be relocated, it will be inconsistent with FFWCC guidelines for relocation which are based on habitat requirements for the species. It is our recommendation to proceed with the incidental take permit and forgo -the relocation efforts due to these constraints. Should You have any questions or require any additional information, please do not hesitate to contact our office at (772) 563-0344. Thank you. Regards, Lindsey Smith Field Biologist/GIS Analyst AtepheSalvidla Project Manager R. MIT, TIM M, Cc: Joe Shulke, Schulke,.Bittle and Stoddard Rebecca Grohall, Growth Management Director Andrea B. Coy, CityCouncil Member, Bio -Tech Consulting Inc. Fnvimmrnental and Permitting Services ��IAl11TJ�� q NOW �Ii111_�f �lillll • SILINING_ ProjectMON Kozio =1 UFA � . SII �I/�.v r'► - Oki -�—11�IQ•��i �:1i 1 11111,.■�11�111 \L �, � � I � `_■ `. IIIIIn111111111 1JII �I ��`'i/�� ►'f ` 1111 uu11° �� •Itli IILr� r� ► . 1111 1111//11 _ IC "'m - IIIIIIIIIIIIIIII111111��- �11IIIIIIIIIIIIII111111■1111_ A11111111■111111 Illlllllllllllllliiiiii '111 111101111111111 .111111111 ■ ■ 111111 IIIIIIIIIIIIII'�III„I�I�111 � - Bio -Tech Consulting Inc. Environmental and Permitting services 31 ['.wed Vnnme\.\.mur O.IaWr. YI.SILL1 M (3-SSW.SPh f.. N.%I-U'9'O lilt I.Jiw W..i mu..w Sin a...t name M 11iIF'63YSN fum1W3-0us Kozlowski Project Site Indian River County, Florida Figure 1 Location Map Produced By: LCS Date: 3/3/2006 Scale: 1:50,000 Bio -Tech Consulting Inc. Environmental and Permitting Services rni.r.e m..uv...a �... e..s n.uw w.�+++rw•w i.m�euwu InYaYUMMaNY.O+�m n�bbl.m®.WL6�..� Kozlowski Project Site Indian River County, Florida Figure 2 Land Use and Gopher Tortiose Map Produced By: LCS Date: 3/3/2006 Scale: 1:2;500 FEB -24-06 09:16 AM Y Y COMPARATIVE MEDICINE � I Daae: i Ai Frosn: `' Mycoplasma Research Lib Dr. Mary B. Brown Dr. Lori Wendland University of Florida 1600 SW Archer Road BSB 350 Gainesville, FL 32610 Phone: (352) 3924700 3979 Phone: (352) 392-4700 -X 3970 Fax: (352) 846-2781. 352846278100 P.01 ;Dr. Lori Wendland Dr. Mary Brown Fax 0: - -r6 -�- o ?<., Pages: Re: Mycoplasma serology results., m For assistance with test interpretation, please �ontact Drs. Lori Wendland or Afary Brown. For billing questions, contact Honore Busch at (352) 392-4700 X 5824. 05/05 FEH-24-06 09:13 AM COMPFiRRTIVE MEDICINE 1 ..I . : ' •,Vte tr j . Tortoise MYcoplasrha Tess E"ech C*nsuiti�p Inc 2.23.06 352846270100 P.02 Test Date ' InvesdoatorlAcc.0 S to* Sem I Date Titer Result pOSRNE 2.23.06 :.., BiotecWPotisuMrg, Inc. .._ GopherT .. _.. _._ _.*3 _ 2.1706__ 2.2006._. _._.. GopharT i5 - Ig 2.20.06 Go" 2.20.08 . -g4 _.. POSrrfVE 220-06 _ c32- _ _ _ttepalive .... ........- 6&ji.retation of T@er: --- -- Atiter<32isne4ative..... A titer of 32 Is suspect, retesting in 6 weeks is ieeomtnetlded b_y. this (ony vaBd'd the anunal rs qua -..__.- _ .-. A fifer t84Ic,PO§ITIVE Nofe: Th1s test tae been vattiiated for G.pphemus and G.aR-as_sli, only.. —.. - Fa essismnce wrth test' coMart Dr. Lai W at 3Sb�2-47 Dr. Mary Brown at 3,92-4700 Ext3970._ -- X78 a - - - - - - -- P4EASE NOTE: These results gra /orresearch irk -ossa off aHY of RoddO, acceP�fw lfa6fp� '-—' _OU-nW Ior use o/ leaf results. Further, fl testlng IS- done !n oayunctbn wltlr an FYVC tori . _ e -ft - ....1- _ relocadonaPAUcaffonpiewermvforbD ANc t sus re id Mycoptasma Research lab 1600 SW Archer Road i Box 110680 i BSB 35D Gainesvine, FL 32610 Pa2e % - 2124/1006