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HomeMy WebLinkAbout08121992 SCRUB JAYSCRUB JAY PUBLIC INFORMATION WORKSHOP AUGUST 12, 1992 There are approximately 2,300 lots which are affected by the Scrub Jay habitat. Brian Toland from the State Florida Game and Freshwater Fish Commission, has indicated from his extensive surveys specific areas of concern. There are two different types of scrub jay areas. Category 1 indicates it has been surveyed as a known scrub jay area. Category 2 indicates it has not been surveyed. Federal and State Agencies are critically concerned with these areas, but have not confirmed if there is habitat their. Fish and wildlife have indicated that you are going to have to do a survey, which involves a methodology that Fish and Wildlife will accept. A brief idea of that methodology would be: 1.) Obtain a tape that contains the attraction to the scrub jay and put it in a playback tape machine. 2.) Conditions must be permitting according to the methodology printout (as provided). Bruce Cooper stated that this surveying is not conducive for a single family lot of 80' x 125', because the list talks 'about disection of lands further apart. Scrub jays which have been banded by Brian Toland are coming from an area that has been surveyed. The Scrub Jays that have been banded are color coded. If your property has a Scrub Jay that is banded you need to contact the appropriate agency and advise them of what color band. If you find a Scrub Jay that hasn't, been banded the entire area needs to be surveyed and the agencies will also review the property. The Scrub Jay has a nesting season which is March 1 through July 31. During the nesting season you need to obtain approval from the federal and state agencies. The State of Florida's concern is active nesting however, after the nesting season they have no qualms. Subsequent to the nesting season only federal approval is necessary. Federal agencies stated that if the lot is just grass, or if it has no wax myrtles or scrub oaks then you will not have a problem. Wax myrtles and scrub oaks are the two type trees they are looking for. Page 2 There have been several lots predominantly made up of grass which have the approval of the Federal agency. The lots were in surveyed areas and they had taken pictures of the lot and sent that to the federal agency for review. The 'approval from the federal agency consisted of a letter stating they had the sign off but, beware that you are still subject to scrub jay area but, you can proceed. A surveyed lot is easier to proceed with then'a non-surveyed lot. Federal agencies have been giving the sign off for these lots within two weeks. Should they start to get inundated with properties turnover time will slow. Bruce Cooper stated that we are trying to get these approvals locally but, that has not yet been accomplished. Federal agencies have been pushing the City to get into a habitat conservation plan (HCP). Habitat conservation plan is comprised of a fund in which money goes into to buy other properties. Federal agencies are looking into putting together an act in which an owner of a single family lot located in a scrub jay area owner buys a lot and pays a nominal fee and the agency will sign off on that and use that money towards buying other land. This is only in review. With regards to realtors listing the lots in [he scrub jay areas, Bruce Cooper advised that they check with their legal counsel. Also that they might want to do a disclaimer. The City of Sebastian is not in the position ~f stopping building but, stating that we will not issue ~ny permits until we have sign-offs from the necessary agencies. The City of Sebastian has to go through these procedures because it is a Federal Act and a State Law. .Bruce Cooper stated that he would push for ~.he property owners rights because these are platted lot~. Also, that any new subdivision coming in, we would do everything we can to preserve certain areas and still give them the chance to build and not be in a "take" position. Bruce Cooper asked if anyone had any questions. A question was asked in relation to whose responsibility is it to send the photographs of a lot to the U.S. Fish and Wildlife for approval. Bruce Cooper responded by saying whoever requires the approval (homeowner, contractor, realtor, etc.). It will not be the City of Sebastian but, Page 3 will be glad to do whatever we can to streamline it. An inquiry was made as to whether the property owner would have any repercussion if the lot could not be sold because of a scrub jay being there. Bruce Cooper responded by saying that the owner has a civil right to file an action suit against the Federal Government. Bruce Cooper stated that the scrub jay activity is predominant in this area and probably because of local concerns, the U.S. Fish and Wildlife have put pressure on the City. The Federal Government has put the City of Sebastian in the position of controlling these circumstances. It does now take a little more time to obtain a permit but, it has not been restricted. The City Council has advised the City Attorney to prepare an ordinance to do what we are currently doing, which is advising property owners who are in scrub jay areas do obtain required approvals from the agencies. The City of Sebastian has been put on "notice", once we received the maps from the State that these are known scrub jay areas. We would be held liable if we arbitrarily issue clearing permits in the scrub jay areas, then U.S. Fish and Wildlife would come after the City. The City of Sebastians alternative is to do the habitat conservation plan (HCP), according to U.S. Fish and Wildlife. The habitat conservation plan involves money and the property owners paying into a fund. A question was asked to Bruce Cooper as to what he would do if he were interested in purchasing a lot in a designated scrub jay area. He replied that he would either find another lot or if he really like the particular lot he would find out what. needed to be done. Bruce Cooper suggested that the realtors pursue the issuance of U.S. Fish and Wildlifes approval ahead of time for any scrub jay lots that are for sale. A question was asked that if you had the sign-off from the U.S. Fish and Wildlife prior to the nesting season and you didn't clear the lot until March, would you then need the States approval. Bruce Coopers response was conclusive. Page Four An inquiry was made as to whether there is a time limit on the sign-off letter. Bruce Cooper stated it is not known at this time. A question was asked as the whether there is a fee for this sign-off services from the Federal and State Agencies. There is no fee. Bruce Cooper read from a few "sign-off" letters that the City of Sebastian had received from the U.S. Fish and Wildlife in regards to a scrub jay lot. One letter stated that since the lot was vegetated of entirely grass no further action is required from u.s. Fish and Wildlife. A portion of another letter stated that if work had not been completed prior 'to nesting season (March 1 through June 30), it will be necessary to survey the lot for active scrub jay nests prior to any further landclearing. What the City of Sebastian has done is reproduced the scrub jay map to show the development in those affected areas. What the City is hoping to do is show the U.S. Fish and Wildlife Services that these areas are highly developed and that it is not conducive for them. The key is to let them know what type of vegetation you have on your property because they will be spot checking. Bruce Cooper stated in closing that the City of Sebastian is trying to streamline this process to accommodate the Government, the City, and the Homeowner. BC:sb Scrubjay.doc