Introducing ERP ecompliance Online Permit Condition Reporting at

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1 From: To: Cc: Subject: Date: Attachments: Joyce Chisolm Gayle Nipper; Justin Eddy Yolanda Velazquez FW: FWC"s Comments on Horse Creek Umbrella Mitigation Bank Draft Mitigation Banking Instrument Thursday, January 28, :57:19 PM Horse Creek Umbrella Mitigation Bank DMBI_22224_ pdf image001.png Logged. Joyce D. Chisolm Regulatory Support Technician Southwest Florida Water Management District 7601 US Hwy 301 North Tampa, FL (800) or (813) ext Introducing ERP ecompliance Online Permit Condition Reporting at From: Patty Frantz Sent: Thursday, January 28, :55 PM To: Joyce Chisolm Justin Eddy Yolanda Velazquez Subject: FW: FWC's Comments on Horse Creek Umbrella Mitigation Bank Draft Mitigation Banking Instrument Please upload into ERP App Id Thanks. Pat Patricia Frantz Senior Environmental Scientist Water Use Permit Bureau 7601 Highway 301 North Tampa, FL (813) , Extension 2054 From: Bonnie Irving Sent: Thursday, January 28, :36 PM To: Patty Frantz Lisa Cartwright Cc: John Emery

2 Subject: FW: FWC's Comments on Horse Creek Umbrella Mitigation Bank Draft Mitigation Banking Instrument From: Wallace, Traci Sent: Thursday, January 28, :31 PM To: Cc: Bonnie Irving Bonnie Irving Graef, Thomas Lambert, Carla Schulz, Mark Goff, Jennifer Hight, Jason Subject: FWC's Comments on Horse Creek Umbrella Mitigation Bank Draft Mitigation Banking Instrument Please find attached FWC s comments on the above-referenced project. You will not receive a hard-copy version of this letter unless requested. If you wish to reply to our comments, please send your reply to: FWCConservationPlanningServices@myFWC.com Traci Wallace, AA III Office of Conservation Planning Services

3 January 28, 2016 Flori da Fish and Wildlife Conservation Commission Commissioners Brian S. Yablonski Chairman Tallahassee Aliese P. "Liesa Priddy Vice Chairman Immokalee Ronald M. Bergeron Fort Lauderdale Richard Hanas Oviedo Bo Rivard Panama City Charles W. Roberts Ill Tallahassee Robert A. Spottswood Key West Executive Staff Nick Wiley Executive Director Eric Sutton Assistant Executive Director Jennifer Fitzwater Chief of Staff Office of the Executive Director Nick Wiley Executive Director (850) (850) FAX Managing fish and wildlife resources for their long-term well-being and the benefit of people. Teresa Frame U.S. Army Corps of Engineers Jacksonville District P.O. Box 4970 Jacksonville, FL RE: Horse Creek Umbrella Mitigation Bank (HCUMB) Draft Mitigation Banking Instrument (DMBI), U.S. Army Corps of Engineers (USACE), Permit Application SAJ TMF, Desoto County Dear Ms. Frame: Florida Fish and Wildlife Conservation Commission (FWC) staff has reviewed the abovereferenced permit application. We provide the following comments and recommendations for your consideration in accordance with Chapter 379, Florida Statutes, and the Fish and Wildlife Coordination Act. Project Description The applicant is seeking a permit for the establishment of Phase I of the HCUMB on approximately 402 acres located near the border of DeSoto and Sarasota counties, and adjacent to the existing Boran Ranch Mitigation Bank. The site is between the Babcock Ranch Preserve and Myakka River State Park within the Lower Horse Creek Basin, which is part of the larger Peace River Drainage Basin. Current land covers on the site include pasture (95.73 acres), pine flatwoods (94.65 acres), freshwater marsh (66.11 acres), temperate hardwoods (47.52 acres), dry prairie (27.23 acres), sloughs (24.46 acres), mixed hardwoods (21.63 acres), wet prairie (19.01 acres), open lands (4.23 acres), and other surface waters (1.14 acres). The applicant proposes to preserve 3.35 acres of emergent marsh and acres of uplands; rehabilitate acres of emergent marsh and acres of uplands; restore acres of emergent marsh, acres of uplands, and acres of forested wetlands; and create acres of emergent marsh. Proposed methods for establishing and maintaining the bank would include ceasing of agricultural activities, restoring hydrology for drained wetlands, controlling nuisance and exotic plants and animals, rehabilitating wetlands used as agricultural reservoirs and cattle ponds, creating wetlands, and managing with prescribed fire. The applicant also proposes to record a conservation easement over the entire property. The service area would consist of the Peace River Basin (HUC ). Potentially Affected Resources 620 South Meridian Street Tallahassee, Florida Voice: (850) Hearing(speech-impaired: (800) (T) (800) (V) MyFWC.com According to the DMBI, tricolored heron (Egretta tricolor, State Species of Special Concern [SSC]), little blue heron (Egretta caerulea, SSC), snowy egret (Egretta thula, SSC), white ibis (Eudocimus a/bus, SSC), Florida sandhill crane (Grus canadensis pratensis, State Threatened [ST]), Audubon's crested caracara (Polyborus plancus audubonii, Federally Threatened [FT]), and wood stork (Mycteria americana, FT) have been documented on the proposed Phase I bank site.

4 Page 2 January 28, 2016 FWC staff conducted a geographic information system (GIS) analysis of the project area and confirmed the potential for the species listed in the DMBI. The analysis also found that the project area is located near, within, or adjacent to: One or more wood stork nesting colony core foraging areas (CF A). The CF A constitutes an 18.6-mile radius around the nesting colony. U.S. Fish and Wildlife Service (USFWS) Consultation Area for the following federally listed species: o Florida scrub-jay (Aphelocoma coerulescens, FT) o Florida grasshopper sparrow (Ammodramus savannarumjloridanus, Federally Endangered [FE]) Potential habitat for state- and federally listed species: o Eastern indigo snake (Drymarchon corais couperi, FT) o Gopher tortoise (Gopherus polyphemus, State Threatened [ST]) o Florida burrowing owl (Athene cunicularia, SSC) o Southeastern American kestrel (Falco sparverius paulus, ST) o Sherman's fox squirrel (Sciurus niger shermani, SSC) Wading bird rookery located within 0.5 miles south of the project; last known active in 1980 Potential habitat for the Florida black bear (Ursus americanusfloridanus) - South Central Bear Management Unit Comments and Recommendations Following our staff's visit to the site on January 12, 2016, and after review of the proposed HCUMB, FWC staff agrees the site has potential to serve as an effective mitigation bank. The proposed bank would result in approximately 402 acres of land to be placed under a conservation easement and can be expected to provide an important habitat linkage for wildlife due to its proximity to the Boran Ranch Mitigation Bank, Babcock Ranch Preserve, and Myakka River State Park. We are supportive of the mitigation bank and we offer the following technical assistance for project planning, restoration and creation activities, and final development of the Mitigation Banking Instrument. Wildlife Surveys We recommend that the applicant include a plan for pre-construction wildlife surveys to assure that any species that may be utilizing the site is not impacted by the proposed activities. Speciesspecific wildlife surveys are time sensitive, and FWC staff recommends that all wildlife surveys follow established survey protocols approved by the USFWS and the FWC. Surveys should also be conducted by qualified biologists with recent documented experience for each potential species. Basic guidance for conducting wildlife surveys may be found in the Florida Wildlife Conservation Guide (FWCG) at and FWC staff is available to assist with determining appropriate surveys to be conducted onsite. Prescribed Fire According to the Long Term Management Plan (Appendix H), prescribed burning may be used to enhance wetland and upland habitats. FWC staff is supportive of the use of prescribed fire to

5 Page 3 January 28, 2016 improve habitat for wildlife. If implemented, FWC staff is available to provide technical assistance with the development of a prescribed burn plan. Hunting The Long-Term Management and Monitoring Plan (Appendix M) identifies hunting as a means to control the adverse effects of nuisance animals (i.e., feral hogs) or for private, low-impact small game, turkey, or deer hunting. We support hunting on the proposed site and all hunting activities should adhere to the rules contained in the Florida Wildlife Code, Chapter 68A, Florida Administrative Code. The presence of site managers, owners, and their guests can aid in site security and control of poaching on the site. Additional information can be found on our website at /myfwc.com/hunting/. Nuisance and Exotic Species The Long-Term Management and Monitoring Plan also indicates the plan will include the control of nuisance and exotic species. We recommend that the applicant consider an early detection and rapid response approach to controlling exotic species. The FWC's invasive plant resources at may be able to assist the applicant in investigating options for early detection and rapid response measures that can be incorporated into the management plan. The Long-Term Management and Monitoring Plan also indicates feral hogs (Sus scrofa) will be controlled through the use of hunting within the HCUMB site. The FWC allows hog hunting on private land year-round with no bag limit. In addition, the FWC regulates methods for trapping feral hogs and other nuisance mammals. If live trapping and/or removal of feral hogs is to be employed, we recommend that the applicant include reference to sections 68A-9.0 l 0 and 68A , Florida Administrative Code (see https :/ /www. flrules.org/ gateway/chapterhome.asp?chapter=68a -9 and and the need to obtain a license from the Florida Department of Agriculture and Consumer Services to transport live feral hogs in the HCUMB. We also recommend that plans for hunting or trapping hogs as a means for nuisance control include explicit procedures and measures of success. Florida Sandhill Crane Florida sandhill cranes have been observed on the proposed project site and the freshwater marshes onsite may provide potential nesting habitat for this species. FWC staff recommends conducting rehabilitation, restoration, and creation activities in nesting habitat outside the January through August breeding season. If activities must be conducted during the nesting season, we recommend surveying for nesting sandhill cranes and, if nests are found, providing a 400-foot buffer to avoid disturbance by human activities. If nesting is discovered after construction has begun or if maintaining the recommended buffer is not possible, we recommend that the applicant contact FWC staff identified below to discuss potential permitting alternatives. Basic guidance for conducting wildlife surveys may be found in the FWCG. Wading Birds Wading birds have been observed on the proposed project site and the potential exists for wading bird nesting activity to occur in the forested wetlands within the project area. FWC staff recommends conducting rehabilitation, restoration, and creation activities in nesting habitat outside the March through August breeding season. If activities must be conducted during the nesting season, we recommend surveying for state-listed wading birds and, if nests are found, providing a 1 00-meter (328 feet) buffer to avoid disturbance by human activities. If nesting is

6 Page4 January 28, discovered after construction has begun or if maintaining the recommended buffer is not possible, we recommend that the applicant contact FWC staff identified below to discuss potential permitting alternatives. Basic guidance for conducting wildlife surveys may be found in the FWCG. Additional technical information about management and restoration actions beneficial to wading birds can be found in Appendix 1 of the draft Species Action Plan at media/ /wading-birds-species-action-plan-final-draft.pdf. Southeastern American Kestrel.Open woodland and pasture areas onsite may provide suitable habitat for Southeastern American kestrels. FWC staff recommends that the applicant conduct kestrel surveys during their nesting season (April to August) within suitable habitat areas. Survey guidelines, reporting criteria, and habitat needs for the Southeastern American kestrel can be found within the FWCG at the following website: Kestrel Technical Report.pdf. If surveys encounter active nest cavities, we recommend avoiding project activities within 150 meters of the nest tree during the breeding season (mid-march to mid-june). We recommend retaining snags whenever possible. Florida Burrowing Owl Burrowing owls typically occupy open areas with short groundcover like agricultural fields and prairies and suitable habitat for burrowing owls may exist onsite. Since rehabilitation, restoration, or creation activities are proposed to occur in areas of suitable habitat, we recommend the applicant survey the area for burrowing owls and their burrows immediately prior to these activities. If burrowing owl burrows are observed onsite, please coordinate with the FWC staff identified at the close of this letter to discuss avoidance, minimization, and permitting options. Gopher Tortoise The preservation and restoration of upland habitats onsite is expected to benefit gopher tortoises which may occur onsite. If gopher tortoises are present, FWC recommends maintaining habitat for gopher tortoises by keeping an open canopy and low vegetation. Gopher tortoise or gopher tortoise burrow permits ( are not required to conduct activities intended to improve habitat including tilling, planting, mowing, harvesting, prescribed burning, mowing, disking, roller-chopping, and tree-cutting. The applicant may refer to the Gopher Tortoise Enforcement Policy ( myfwc.com/license/wildlife/ gopher-t01toise-permits/enforcement -policyq for more information and to ensure that habitat management activities do not impact gopher tortoises or their burrows. If gopher tortoises or their burrows will be impacted by the proposed activities, we recommend that the applicant refer to the FWC's Gopher Tortoise Permitting Guidelines (Revised February 2015) ( for survey methodology and permitting guidance prior to construction. Survey methodologies require a burrow survey covering a minimum of 15 percent of potential gopher tortoise habitat to be impacted by development activities including staging areas (refer to Appendix 4 in the Gopher Tortoise Permitting Guidelines for additional information). Specifically, the permitting guidelines include methods for avoiding impacts (such as preservation of occupied habitat) as well as options and state requirements for minimizing, mitigating, and permitting potential impacts of the proposed activities. Any commensal species observed during burrow excavations should be handled in accordance to Appendix 9 of the Gopher Tortoise Permitting Guidelines.

7 Page 5 January 28, 2016 Sherman's Fox Squirrel Sherman's fox squirrel may occur in the habitats found on the proposed project site. Sherman's fox squirrels typically nest between October and February and from April to August. If removal of potential nest trees is planned during rehabilitation, restoration, or creation activities, surveys for fox squirrels should be conducted to locate any fox squirrel nests that may be present. If fox squirrel nests are found onsite, staff should avoid conducting activities within a 125-foot buffer of the nest. If it will be necessary to remove a nest tree or actively work within 125 feet of a nest tree, the applicant should coordinate with FWC staff to discuss permitting alternatives. Florida Black Bear The Florida black bear has the potential to occur within and around the mitigation bank area. The site is located within the South Central Bear Management Unit as designated by the 2012 Bear Management Plan. Because bears may be present on site, the FWC encourages people who will be working on the site read the Guide to Living in Bear Country, which is available with other important information on bears at Information on this site will be useful for construction and maintenance personnel, and contain information on proactive deterrence of potential negative human-bear interactions, such as using bear-resistant garbage containers and keeping the construction site free of food waste. Federally Listed Species Federally listed species have been observed onsite and the site is within consultation areas for the species identified above. Preservation, rehabilitation, restoration, and creation activities in both wetland and uplands will be valuable to these species. For wood storks, utilizing the U.S. Fish and Wildlife Service Wood Stork Key available at fws.gov/verobeach/birdspdfs/20 I 00518LetterServicetoComsFLProgrammaticStork Revised l.pdf may be useful in determining suitability of the mitigation area for wood stork foraging habitat and other wetland-dependent species. For this and other federally listed species, we recommend coordination with the USFWS South Florida Ecological Services Office (ESO) at (772) for more information. We appreciate the opportunity to provide input on this proposed mitigation bank. If you need any further assistance, please do not hesitate to contact Jane Chabre either by phone at (850) or by at FWCConservationPlanningServices@MyFWC.com. If you have specific technical questions regarding the content of this letter, please contact Mark Schulz at (863) or by at Mark.Schulz@MyFWC.com. Sincerely, Jennifer D. Goff Land Use Planning Program Administrator Office of Conservation Planning Services jdg/mas ENV Horse Creek Umbrella Mitigation Bank DMB1_22224_ cc: David Urban, EIP Florida, LLC, david@ecosystempartners.com Nick Dilks, EIP Florida, LLC, nick@ecosystempartners.com

8 Page 6 January 28, Ron Miedema, U.S. Environmental Protection Agency, rniedema.ron@epa.gov Bonnie lrving, Southwest Florida Water Management District, Bonnie.lrving@swfwmd.state.fl.us