24-8265_-_Exhibit_I_-_Enviornmental_Supplemental.pdf

PDF 186 KB Posted

Attached to
16th Street NE Bridge Project (LAP) GRANT FUNDED
Solicitation number
24-8265
Issued by
Collier County, Florida

About this file

This document is an Environmental Supplemental Terms and Conditions exhibit for the 16th Street NE Bridge Project in Collier County, Florida, establishing requirements for contractor compliance with federal and state environmental regulations. The project area contains habitat or potential habitat for multiple protected species, including federal and state threatened and endangered species such as the Eastern indigo snake, gopher tortoise, bald eagle, wood stork, Florida bonneted bat, Florida panther, and Big Cypress fox squirrel. Contractors must engage a qualified environmental scientist to perform required wildlife surveys, oversee compliance with federal and state wildlife regulations, and serve as liaison with environmental agencies including the Florida Fish and Wildlife Conservation Commission (FWC) and United States Fish and Wildlife Service (USFWS). The Contractor is responsible for obtaining necessary permits including a SFWMD Water Use Permit for dewatering, FDEP NPDES Construction Generic Permit, FWC Gopher Tortoise Relocation Permit (if required), and FWC Big Cypress Fox Squirrel Incidental Take Permit. The Contractor must complete a 100% gopher tortoise survey within 90 days of construction start, conduct pre-construction bald eagle nest surveys within a 660-foot buffer, perform Florida bonneted bat surveys 30 days prior to tree removal, and survey for Big Cypress fox squirrel presence 60 days prior to clearing activities.

The Contractor must display informational materials throughout the construction site regarding protected species interactions, including brochures on Florida panthers, FDOT contractor requirements for protected species, USFWS Eastern indigo snake protection measures, and labeled species identification photos. All Standard Protection Measures for the Eastern indigo snake must be provided to construction personnel, and work must cease immediately if any protected species are observed on site until appropriate procedures are implemented and relevant agencies are notified. If Florida bonneted bats are located on site, tree and structure removal efforts must be discontinued in that area and coordination with USFWS is required. A 175-meter buffer distance is recommended around Big Cypress fox squirrel nest trees, with contractor coordination with FWC required if removal or work within this buffer is necessary. The Contractor must report any Everglades mink sightings with photos and GPS coordinates, provide Florida panther sighting photos to FWC via the Report Panther Sightings website if trail cameras are utilized, and ensure compliance with all pertinent federal and state wildlife regulations outlined in FDOT Standard Specifications. All costs associated with environmental scientist services and species protection requirements shall be included in the unit price for designated contract packages.

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EXHIBIT I: ENVIRONMENTAL SUPPLEMENTAL TERMS AND CONDITIONS

Contents

GENERAL NOTES

PERMIT CONDITIONS

PROTECTED SPECIES & WILDLIFE

END

FIGURES

Exhibit A – Gopher Tortoise Burrow Map

EXHIBIT I

ENVIRONMENTAL SUPPLEMENTAL TERMS AND CONDITION

GENERAL NOTES

1. The County may, at its discretion, use VISA/MASTER card credit network as payment for goods and/or services purchased as a part of this contract.

PERMIT CONDITIONS

See Permits for conditions which may affect project construction. The Contractor shall be responsible for adhering to all General and Special Conditions contained within the permits.

Permit(s) have been issued as follows:

• SFWMD Environmental Resource Individual Permit (ERP) o ERP No. 11-108960-P

• USACE Standard 404 Permit o SAJ-2024-03917 (SP-CDH)

The Contractor shall be responsible for obtaining the following permits, if necessary, to complete the work under this contract:

• South Florida Water Management District (SFWMD) – Water Use Permit (Dewatering)

• Florida Department of Environmental Protection (FDEP) – National Pollutant Discharge

Elimination System (NPDES) Construction Generic Permit (CGP)

• Florida Fish and Wildlife Conservation Commission (FWC) – Gopher Tortoise Relocation

Permit

• FWC – Big Cypress Fox Squirrel Incidental Take

PROTECTED SPECIES & WILDLIFE

Observed Species

The project area has been identified as habitat or potential habitat for several federal and state protected species as well as other species of interest. Multiple wildlife surveys occurred between

January 2023 and March 2025 for listed species with the potential to occur, which included:

• Eastern indigo snake (Drymarchon couperi, Federal threatened [FT])

• Gopher tortoise (Gopherus polyphemus, State threatened [ST])

• Bald eagle (Haliaeetus leucocephalus, Not-Listed [NL])

• Wood stork (Mycteria americana, FT)

• State-listed wading birds (little blue heron [Egretta caerulea, ST], reddish egret [Egretta rufescens, ST], tricolored heron [Egretta tricolor, ST], & roseate spoonbill [Platalea ajaja, ST]

• Florida bonneted bat (Eumops floridanus, Federal endangered [FE])

• Everglades mink (Neovison vison evergladensis, ST)

• Florida panther (Puma concolor, FE)

• Big Cypress fox squirrel (Sciurus niger avicennia, ST)

A 100% gopher tortoise survey in February 2023 concluded that two potentially occupied gopher tortoise burrows (GT1-PO and GT2-PO) and one abandoned gopher tortoise burrow

(GT3-AB) were observed within the project area (see Figure 1). A 100% follow-up gopher tortoise survey was completed in March 2025 which determined the previously observed gopher tortoise burrows were no longer present within the right-of-way and no other tortoise burrows were located within 25 feet of the project limits. Therefore, a gopher tortoise relocation permit with the Florida Fish and Wildlife Service (FWC) was not obtained.

State listed wading birds and wood storks and Florida panther occurrences were observed on or adjacent to the project site. The nearest known bald eagle nest is over one mile from the project site.

An additional geographic information system (GIS) analysis of the project area found that the project area is located near, within, or adjacent to:

• Potential habitat for state listed species:

o Florida burrowing owl o Big Cypress fox squirrel o Everglades mink

• Potential habitat for federal listed species:

o Florida bonneted bat

Contractor Responsibilities

The Contractor shall be responsible for providing the services of a qualified environmental scientist to perform required surveys, oversee compliance with federal and state wildlife regulations, and to serve as a liaison between the Contractor and environmental agencies including but not limited to the FWC and the United States Fish and Wildlife Service (USFWS).

The Contractor shall be responsible for complying with all pertinent federal and state wildlife regulations as outlined in the FDOT Standard Specifications for Road and Bridge Construction and the additional requirements for species listed below.

The Contractor shall be responsible for providing an informational display that must be placed in the construction office and throughout the construction site and be accessible to all construction personnel for the duration of all construction activities. The display shall include:

• A hard copy of the informational brochure A Guide to Living with Florida Panthers

• A hard copy of FDOT Contractor Requirements for Unanticipated Interaction with

Protected Species

• A hard copy of the 2024 USFWS Standard Protection Measures of the Eastern Indigo

Snake and the USFWS Informational Poster

• Labeled photos of the eastern indigo snake, Everglades mink, Big Cypress fox squirrel, and Florida panther with information on what to do in the event of a sighting. Printed full-color photos shall be no less than 4 inches by 4 inches square with the image of the species contained wholly within and filling the frame as to not cutoff part of the image.

The Contractor shall include these provisions in contracts with their subcontractors and suppliers.

Packages x, x, and x: All costs to provide the services of an environmental scientist and related species requirements described herein will be included in the unit price for xxxxx.

Eastern Indigo Snake

The project area is within the predicted range for the eastern indigo snake. The Contractor shall ensure that the Standard Protection Measures for the Eastern Indigo Snake are provided to all construction personnel. If an eastern indigo snake (alive, dead, or skin shed) is observed on the project site during construction activities, all such activities are to cease until the established procedures are implemented according to the Plan, which includes notification of the appropriate

USFWS Office. The contact information for the USFWS is provided on the referenced posters and pamphlets. The Standard Protection Measures for the Eastern Indigo Snake may be obtained at:

USFWS Standard Protection Measures for the Eastern Indigo Snake - May 2024. The USFWS eastern indigo snake Informational Poster may be obtained at: Eastern Indigo Snake Poster -

English Version.

Gopher Tortoise

The project area has previously documented gopher tortoise burrows on site. The Contractor is responsible for completing a 100% gopher tortoise survey within 90 days of the start of construction to confirm the absence or presence of gopher tortoises and/or their burrows on the project site following the FWC Gopher Tortoise Guidelines (Gopher Tortoise Permitting Guidelines

(Approved December 2022)). If gopher tortoises are observed within 25 feet of the project limits, the contractor is responsible for acquiring the appropriate FWC Gopher Tortoise Relocation

Permit. An FWC-approved Authorized Gopher Tortoise Agent is required to complete surveys, permitting efforts, and relocation efforts. For more information and survey methods, please refer to the species action plan for the BCFS at: Gopher Tortoise Permitting Guidelines | FWC.

Bald Eagle

The project area contains suitable nesting habitat for the bald eagle. Appropriate pre-construction wildlife surveys shall be the responsibility of the Contractor to determine if any bald eagle nests are located within 660-feet of the project site. If a bald eagle nest is identified within the 660-foot construction buffer zone, the Contractor shall coordinate with the USFWS to secure all necessary approvals regarding this species prior to project construction. For more information on bald eagle guidelines, please refer to the Bald Eagle Management Guidelines (Microsoft Word - Guidelines

- June11. 2007.v2.doc) and the USFWS website (Eagle Management | What We Do | U.S. Fish

& Wildlife Service).

Florida bonneted bat

The project area is located within the USFWS Consultation Area for the Florida bonneted bat and foraging and roosting habitat for this species will be impacted. Appropriate pre-construction https://www.fws.gov/sites/default/files/documents/2024-05/standard-protection-measures-eastern-indigo-snake-may-2024-508-compliant_0.pdf https://www.fws.gov/sites/default/files/documents/2024-05/20240509_eis_poster_en_v4.pdf https://www.fws.gov/sites/default/files/documents/2024-05/20240509_eis_poster_en_v4.pdf https://myfwc.com/media/11854/gt-permitting-guidelines.pdf https://myfwc.com/media/11854/gt-permitting-guidelines.pdf https://myfwc.com/license/wildlife/gopher-tortoise-permits/permitting-guidelines/ https://www.fws.gov/sites/default/files/documents/national-bald-eagle-management-guidelines_0.pdf https://www.fws.gov/sites/default/files/documents/national-bald-eagle-management-guidelines_0.pdf https://www.fws.gov/program/eagle-management/what-we-do#PermitTypes https://www.fws.gov/program/eagle-management/what-we-do#PermitTypes wildlife surveys shall be the responsibility of the Contractor to determine if roosting Florida bonneted bats are present following the USFWS Florida Bonneted Bat Guidelines (Florida

Bonneted Bat Consultation Guidelines). Surveys to located roosting Florida bonneted bats should be conducted 30 days prior to removal of trees, snags, or structures. When possible, remove structures outside of the breeding season (January 1 – April 15). If a Florida bonneted bat is found onsite, discontinue removal efforts in that area and coordinate with the USFWS on how to proceed. Additionally, insecticide use should be avoided in areas where Florida bonneted bats are known or expected to forage or roost.

Everglades mink

The project area is within the predicted range for the Everglades mink. Any sightings of the

Everglades mink shall be reported by the Contractor along with a photo, if possible, and GPS location if encountered during the project activities. Additional information on this species may be obtained at: Final Everglades Mink Species Guidelines 2016.

Florida panther

The project area is located within the USFWS Consultation Area for the Florida panther and the secondary zone. In order to reduce potential for human-wildlife interactions, the Contractor shall ensure that FWC’s A Guide to Living with Florida Panthers informative brochure be provided to all construction personnel. The A Guide to Living with Florida Panthers brochure can be downloaded from: A Guide to Living with Panthers. In addition, if trail cameras are utilized for monitoring purposes, the Contractor shall provide any panther photos to FWC staff using the

Report Panther Sightings website at: Panther Sightings

Big Cypress fox squirrel

Potential habitat for the Big Cypress fox squirrel may exist in open areas with mature trees on and adjacent to the project sites, and appropriate pre-construction wildlife surveys shall be the responsibility of the Contractor to determine if BCFS is present following the FWC Big Cypress

Fox Squirrel Species Conservation Measures and Permitting Guidelines (Big Cypress Fox

Squirrel Guidelines). BCFS typically nest between December to April (winter dry season) and from

July to October (summer wet season). Surveys to locate BCFS or their nests should be conducted

60 days prior to the start of clearing or construction to determine if BCFS are onsite. BCFS can use more than one nest and nest use can vary over time. If fox squirrel nests are found onsite, a

175-meter (575-foot) buffer distance from the nest tree is recommended. If it will be necessary to remove a nest tree or work within 175 meters (575 feet) of a nest tree, the Contractor shall coordinate with the FWC staff to discuss permitting alternatives or acquire the appropriate permits.

For more information and survey methods, please refer to the species action plan for the BCFS at: Big Cypress Fox Squirrel Guidelines.

https://www.fws.gov/sites/default/files/documents/2024-07/20240605_final_fbb-consultation-guidance_0.pdf https://www.fws.gov/sites/default/files/documents/2024-07/20240605_final_fbb-consultation-guidance_0.pdf https://myfwc.com/media/11562/everglades-mink-guidelines.pdf https://myfwc.com/media/3112/livingwithpanthers.pdf https://app.myfwc.com/hsc/panthersightings/ https://myfwc.com/media/11559/big-cypress-fox-squirrel-guidelines.pdf https://myfwc.com/media/11559/big-cypress-fox-squirrel-guidelines.pdf https://myfwc.com/media/11559/big-cypress-fox-squirrel-guidelines.pdf

END

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