Appendix_6_FDOT_Environmental_Certification_Memo_01-30-2024.pdf

Ridgemoor Boulevard at Brooker Creek Bridge No 154153

Ecological Assessment Memo

Pinellas County, FL

Financial Project Identification (FPID) Number: 445437-1-52-01

Prepared for:

Florida Department of Transportation

District Seven 11201 McKinley Drive Tampa, Florida 33612

Prepared by:

Earth Resources, Inc.

January 30, 2024

1.0 INTRODUCTION

The Florida Department of Transportation District 7 is proposing to replace the existing two-lane bridge over Brooker Creek located 0.20-miles east of the intersection of Pine Ridge Boulevard and Ridgemoor Boulevard. Refer to Figure 1 below for a location map.

The proposed bridge will include a 5-ft barrier protected sidewalk on the north side, 8-ft paved shoulders, two 12-ft travel lanes, and a 10-ft multi-use trail. The proposed bridge replacement will include superstructure types that can reduce the number of piers or pile bents.

Figure 1. Project Area Location Map

Earth Resources researched existing listed species databases, reviewed existing GIS data, and conducted a field visit to identify protected species, their habitat, and flagged the jurisdictional wetlands/surface waters within the limits of the project. Refer to Attachment A for an aerial location map.

2.0 METHODOLOGY

A desktop analysis was conducted to determine if any potential wetlands, surface waters, and protected wildlife or their habitat exist or occur on-site. Publicly available data were evaluated for the desktop review of the project area including:

• Florida Natural Areas Inventory (FNAI) Biodiversity Matrix, Pinellas County, Florida

• Audubon Florida EagleWatch Database, 2023

• U.S. Fish and Wildlife Service (FWS) Online Critical Habitat Map for Threatened and Endangered

Species

• FWS Florida Ecological Services Office Federally Listed Species in Pinellas County

• FWS Information for Planning and Consultation (IPaC) Portal

• FWS Wood Stork Foraging and Active Colony Database

• Southwest Florida Water Management District (SWFWMD) Florida Land Use Cover and Forms

Classification System, 2020

• United States Department of Agriculture NRCS Soils Data, 2017

• National Wetlands Inventory, 2023

In addition to a desktop analysis, a field review was conducted by Earth Resources biologists on March 29, 2023. Preliminary wildlife surveys and field inspection/ground-truthing activities were conducted to verify the presence of significant environmental/ecological constraints identified during the desktop analysis.

Earth Resources biologists walked the project area to document current site conditions, describe the habitat types and determine the current and/or potential presence of listed or protected species. Wetlands and surface waters were flagged in the field in accordance with the State of Florida Wetland Delineation Methodology outlined in Chapter 62-340 of the Florida Administrative Code (FAC).

3.0 RESULTS

Habitat Descriptions The 2020 Florida Land Use, Cover and Forms Classification System (FLUCFCS) Southwest Florida Water Management District (SWFWMD) land use data was reviewed and updated per field verified conditions within the project area. Upland and wetland land use descriptions can be found below. The wetlands associated with Brooker Creek were flagged in the field. The final design and construction methods of the project had not been determined at the time this memo was finalized; therefore, wetland impacts were not assessed.

Upland Descriptions The upland land use within the roadway corridor is classified as Transportation (FLUCFCS 810). Areas within this land use consist of maintained shoulders and dry drainage swales. The swales are not considered jurisdictional surface waters in accordance with the Wetland Delineation Methodology outlined in Chapter 62-330 FAC.

Wetland Descriptions Brooker Creek is classified as a Stream and Lake Swamps (Bottomland) (FLUCFCS 615) habitat. The creek on the north side of Ridgemoor Boulevard is characterized by pond cypress (Taxodium ascendens). The understory consists of Carolina willow (Salix caroliniana) and Brazilian pepper (Schinus terebinthifolia). The floating vegetation around the bridge is dominated by duckweed (Lemna sp.) and water spangles (Salvinia minima).

The canopy on the south side of Ridgemoor Boulevard consists of sweet gum (Liquidambar styraciflua), laurel oak (Quercus laurifolia), pond cypress (Taxodium ascendens), and slash pine (Pinus elliottii).

The understory is comprised primarily of soft rush (Juncus effusus), manyflower marshpennywort (Hydrocotyle umbellata), Indian swampweed (Hygrophila polysperma), and pickerelweed (Pontederia cordata). The wetland limits within the exiting right-of-way line were flagged in the field in accordance with the State of Florida Wetland Delineation Methodology (62-340, FAC). Refer to Attachment B for a wetland location map. Photo documentation can be found in Attachment C.

Wildlife and Protected Species Database Reviews The FWS's IPaC portal is an online service providing information on federally listed threatened and endangered species. According to the FWS IPaC portal, the project area does not contain critical habitat for federally protected wildlife species. A copy of the IPaC report can be found in Attachment D.

The Florida Natural Areas Inventory (FNAI) Biodiversity Matrix Map Server is a screening tool that provides data regarding rare species occurrence information statewide. According to the screening tool, there are no documented occurrences of protected species within the limits of the project. However, the Eastern indigo snake (Drymarchon couperi) and wood stork (Mycteria americana) are shown as likely to occur in the vicinity. A copy of the FNAI Report can be found in Attachment E.

Audubon Florida EagleWatch Program maintains a bald eagle database from a statewide volunteer nest monitoring program in Florida. According to the database, the nearest active bald eagle nest (PI004) is located approximately 1.5 miles southwest of the project. The nest was documented as being active during the 2022 season. The FWC and USFWS recommend that nesting territory evaluations are completed for work within 660-feet of an active nest. Due to the distance from the project, any potential site activities would have no effect on this nest.

A review of the FWS’s wood stork GIS data indicates that the nearest wood stork nesting colony (Sheldon Rd – Citrus Park) is approximately 6.5 miles southwest of the project. The entirety of the project site lies within the 15-mile wood stork core foraging area (CFA). Due to the limited loss of wetland habitat anticipated (less than 0.50 acre) with this project, the project is not likely to adversely affect the wood stork in accordance with the Central and North Florida Wood Stork Key (September 2008).

Table 1 on the following page summarizes the listed species potentially found on-site along with the estimated probability of occurrence based on the existing land use and database research.

Field Review Earth Resources biologists walked the project area on March 29, 2023, to determine the potential presence of protected and listed species or their habitat. The bridge decks were inspected for evidence of bat roosting. No evidence of bats was noted. Wildlife observations included common mallard ducks (Anas plathrhynchos), white-tailed deer (Odocoileus virginianus), raccoon (Procyon lotor), mourning dove (Zenaida macroura), white ibis (Eudocimus albus), glossy ibis (Plegadis falcinellus), blue jay (Cyanocitta cristata), Carolina wren (Thryothorus ludovicianus), red-winged blackbird (Agelaius phoeniceus), boat tailed grackle (Quiscalus major), and northern cardinal (Cardinalis cardinalis). No listed species were observed or documented within the project area.

Table 1. Listed Species Potentially Found Within Project Area.

Common Name

Scientific Name

Protection Status Federal (F)/State

(S) Suitable Habitat

Probability of

Occurrence

Wood Stork Mycteria americana

Threatened (F)

Marshes, wetland, swamps, ditches, and ponds

Medium

Eastern Black Rail

Laterallus jamaicensis

Threatened (F) Marshes, coastal prairies, saltmarshes, and wetlands

Medium

Whooping Crane Grus americana

Experimental population, Non-essential (F)

Treated as Threatened

Shallow marshes and adjacent, open grasslands

Medium

Florida burrowing owl

Athene cunicularia

Threatened (S) Open prairies with very little understory

Low

Gopher Tortoise Gopherus polyphemus

Threatened (F/S) Longleaf pine sandhills, xeric oak hammocks, scrub, pine flatwoods, dry prairies, and coastal dunes

Low

Eastern Indigo Snake

Drymarchon corais couperi

Threatened (F)

Pine flatwoods, hardwood forests, hammocks, areas surrounding cypress swamps

Low

Florida Bonneted Bat

Eumops floridanus Endangered (F)

Semitropical forests with tropical hardwood, pineland, and mangrove habitats, as well as man-made area such as golf courses and neighborhoods

Low

Red-cockaded Woodpecker

Picoides borealis

Endangered Open woodlands with old pine and little understory

Low

Florida Golden Aster

Chrysopsis floridana Endangered (F)

Sunny, bare patches of sand in sand pine scrub and ecotones; disturbed areas of loose sand.

Medium

4.0 REGULATORY PERMITTING

Prior to construction, permits from the SWFWMD and Florida Department of Environmental Protection (FDEP) are required. The project will likely qualify for a General Permit from SWFWMD (62-330.443, FAC - Minor Bridge Replacement) provided that the project results in less than 0.5 acre of temporary and permanent dredging or filling within wetlands and/or other surface waters. General ERP permits are exempt from mitigation requirements. Brooker Creek is a Waters of the United States (WOTUS) and therefore a federal 404 permit from the Florida Department of Environmental Protection (FDEP) is required. The project will likely qualify for a General Permit (62-331.217, FAC - Linear Transportation Projects), which allows up to 0.50 acre of impacts to federally jurisdictional wetlands. Federal 404 general permits may require mitigation to offset wetland impacts.

If wetland impacts exceed the above stated thresholds, a SWFWMD Individual ERP and FDEP Individual 404 permit would likely be required.

Sovereign Submerged Lands Review A request for a sovereign submerged lands proprietary review was submitted to the FDEP Department of Title and Lands Records Section and indicated that proprietary authorization is not required for the bridge replacement. The Title and Lands Records Section Worksheet from the FDEP can be found in Attachment F.

Mitigation If wetland mitigation is required, the project is located within the service area of two mitigation banks;

Tampa Bay Mitigation Bank (federal freshwater, forested only) and Big Bullfrog Creek Mitigation Bank. Credit availability will need to be verified if impacts occur.

5.0 CONCLUSIONS

Earth Resources biologists traversed the site to describe the habitats and determine the potential presence of protected and listed species or their habitat. One jurisdictional wetland was flagged in accordance with 62-340, FAC. No listed species were documented on site.

REFERENCES

Florida Department of Transportation. 2020. Florida Land Use, Cover and Forms Classification System

(FLUCFCS).

Florida Audubon Eagle Nest Locator. https://cbop.audubon.org/conservation/about-eaglewatch-program

Wunderlin, R. P., B. F. Hansen, A. R. Franck, and F. B. Essig. 2019. Atlas of Florida Plants (http://florida.plantatlas.usf.edu/). [S. M. Landry and K. N. Campbell (application development), USF Water Institute.] Institute for Systematic Botany, University of South Florida, Tampa.

Florida Natural Area Inventory Biodiversity Matrix Data Viewer (https://www.fnai.org/BiodiversityMatrix/index.html)

US Fish and Wildlife Service Information for Planning and Consultation Website https://ipac.ecosphere.fws.gov/

U.S. Fish and Wildlife Service (USFWS). Species Profile for the Wood Stork (Mycteria americana) U.S.

Fish and Wildlife Service (USFWS). https://ecos.fws.gov/ecp/species/B06O https://cbop.audubon.org/conservation/about-eaglewatch-program http://florida.plantatlas.usf.edu/ https://www.fnai.org/BiodiversityMatrix/index.html https://ipac.ecosphere.fws.gov/ https://ecos.fws.gov/ecp/species/B06O

ATTACHMENT A

AERIAL LOCATION MAP

Legend

Bridge Footprint

Limits of Construction

NHDFlowline selection

NHDFlowline selection State of Florida, Maxar, Esri Community Maps Contributors, City of Tampa, County of

Pinellas, FDEP, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA

P in e R id g e B lvd

W e m b ly W a y

The UPS Store

Ridgemoor Blvd

Windmoor Dr N

B o lt D r

M e rm oor Dr

B el m o o r

D r

Edgemoor Dr

Ridgemoor Blvd

H ill m oor Dr

Br oo ke rCr ee k

Ü 0 300 600150 F

Data Sources:

ESRI, Michael Baker, NHD h

Map by: S. Hauser December 2023

Ridgemoor Blvd. and Brooker Creek at Brooker Creek Bridge #154153

Location Map

FPID: 445437

Pinellas County

STR: 34, 27S, 16E

Legend

Limits of Construction

Bridge Footprint

Pine Ridge Blvd

ATTACHMENT B

WETLAND LOCATION MAP

ATTACHMENT C

PHOTO DOCUMENTATION

Facing north from south side of bridge.

Brooker Creek on north side of Ridgemoor Blvd.

Stream and Lake Swamps (Bottomland) (FLUCFCS 615) habitat.

Stream and Lake Swamps (Bottomland) (FLUCFCS 615) on south side of Ridgemoor Blvd.

Brooker Creek forested floodplain on the north side of bridge.

North side of Ridgemoor Blvd. - facing east at top of bank of stormwater pond.

Northeast side of bridge facing east along Ridgemoor Blvd.

Ridgemoor Blvd. bridge, facing east.

Brooker Creek facing north from the south side of the bridge.

South side of Ridgemoor Blvd - facing east

ATTACHMENT D

FWS IPAC RESOURCES LIST

8/25/23, 9:10 AM IPaC: Explore Location resources https://ipac.ecosphere.fws.gov/location/SZLUZ2DVL5EPNOYSBJJ7QYYSXM/resources 1/11

IPaC resource list

This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's

(USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area.

However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site-specific (e.g., vegetation/species surveys) and project-specific (e.g., magnitude and timing of proposed activities) information.

Below is a summary of the project information you provided and contact information for the

USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI

Wetlands) for additional information applicable to the trust resources addressed in that section.

Location Pinellas County, Florida

Local office

Florida Ecological Services Field Office

(772) 562-3909

(772) 562-4288 fw4flesregs@fws.gov

U.S. Fish & Wildlife ServiceIPaC mailto:fw4flesregs@fws.gov https://ipac.ecosphere.fws.gov/ https://ipac.ecosphere.fws.gov/location/SZLUZ2DVL5EPNOYSBJJ7QYYSXM/resources 2/11

1339 20th Street

Vero Beach, FL 32960-3559 https://www.fws.gov/office/florida-ecological-services https://www.fws.gov/office/florida-ecological-services https://ipac.ecosphere.fws.gov/location/SZLUZ2DVL5EPNOYSBJJ7QYYSXM/resources 3/11

Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts.

The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site-specific and project-specific information is often required.

Section 7 of the Endangered Species Act requires Federal agencies to "request of the

Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly.

For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following:

1. Draw the project location and click CONTINUE.

2. Click DEFINE PROJECT.

3. Log in (if directed to do so).

4. Provide a name and description for your project.

5. Click REQUEST SPECIES LIST.

Listed species and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries ).

Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction.

1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ).

https://www.fws.gov/ecological-services/ https://www.fisheries.noaa.gov/topic/consultations/endangered-species-act-consultations https://www.fisheries.noaa.gov/species-directory/threatened-endangered https://www.fws.gov/law/endangered-species-act https://ipac.ecosphere.fws.gov/status/list https://ipac.ecosphere.fws.gov/location/SZLUZ2DVL5EPNOYSBJJ7QYYSXM/resources 4/11

2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of

Commerce.

The following species are potentially affected by activities in this location:

Birds

Reptiles

NAME STATUS

Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Wherever found

No critical habitat has been designated for this species.

https://ecos.fws.gov/ecp/species/10477

Threatened

Whooping Crane Grus americana

No critical habitat has been designated for this species.

https://ecos.fws.gov/ecp/species/758

EXPN

Wood Stork Mycteria americana No critical habitat has been designated for this species.

https://ecos.fws.gov/ecp/species/8477

Threatened

NAME STATUS

Eastern Indigo Snake Drymarchon couperi

Wherever found

No critical habitat has been designated for this species.

https://ecos.fws.gov/ecp/species/646

Threatened

Green Sea Turtle Chelonia mydas

There is final critical habitat for this species. Your location does not overlap the critical habitat.

https://ecos.fws.gov/ecp/species/6199

Threatened

Hawksbill Sea Turtle Eretmochelys imbricata

Wherever found

There is final critical habitat for this species. Your location does not overlap the critical habitat.

https://ecos.fws.gov/ecp/species/3656

Endangered https://www.fisheries.noaa.gov/ https://ecos.fws.gov/ecp/species/10477 https://ecos.fws.gov/ecp/species/758 https://ipac.ecosphere.fws.gov/status/list#EXPN https://ecos.fws.gov/ecp/species/8477 https://ecos.fws.gov/ecp/species/646 https://ecos.fws.gov/ecp/species/6199 https://ecos.fws.gov/ecp/species/3656 https://ipac.ecosphere.fws.gov/location/SZLUZ2DVL5EPNOYSBJJ7QYYSXM/resources 5/11

Insects

Flowering Plants

Critical habitats

Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves.

There are no critical habitats at this location.

You are still required to determine if your project(s) may have effects on all above listed species.

Bald & Golden Eagles

Leatherback Sea Turtle Dermochelys coriacea

Wherever found

There is final critical habitat for this species. Your location does not overlap the critical habitat.

https://ecos.fws.gov/ecp/species/1493

Endangered

Loggerhead Sea Turtle Caretta caretta

There is final critical habitat for this species. Your location does not overlap the critical habitat.

https://ecos.fws.gov/ecp/species/1110

Threatened

NAME STATUS

Monarch Butterfly Danaus plexippus

Wherever found

No critical habitat has been designated for this species.

https://ecos.fws.gov/ecp/species/9743

Candidate

NAME STATUS

Florida Golden Aster Chrysopsis floridana

No critical habitat has been designated for this species.

https://ecos.fws.gov/ecp/species/5352

Endangered https://ecos.fws.gov/ecp/species/1493 https://ecos.fws.gov/ecp/species/1110 https://ecos.fws.gov/ecp/species/9743 https://ecos.fws.gov/ecp/species/5352 https://ipac.ecosphere.fws.gov/location/SZLUZ2DVL5EPNOYSBJJ7QYYSXM/resources 6/11

Bald and Golden Eagle information is not available at this time

What does IPaC use to generate the potential presence of bald and golden eagles in my specified location?

The potential for eagle presence is derived from data provided by the Avian Knowledge Network (AKN). The

AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply). To see a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.

What does IPaC use to generate the probability of presence graphs of bald and golden eagles in my specified location?

The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location.

The migratory bird list generated for your project is derived from data provided by the Avian Knowledge

Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development.

Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area.

It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.

What if I have eagles on my list?

There are no documented cases of eagles being present at this location. However, if you believe eagles may be using your site, please reach out to the local Fish and Wildlife Service office.

Additional information can be found using the following links:

Eagle Managment https://www.fws.gov/program/eagle-management

Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-migratory-birds

Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-measures.pdf http://www.avianknowledge.net/ https://data.pointblue.org/api/v3/annual-summaries-about-data-types.html https://www.fws.gov/program/eagle-management https://data.pointblue.org/apps/rail/ https://www.fws.gov/program/migratory-birds/species http://www.avianknowledge.net/ https://data.pointblue.org/api/v3/annual-summaries-about-data-types.html https://www.fws.gov/program/eagle-management https://data.pointblue.org/apps/rail/ https://www.fws.gov/program/eagle-management https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-migratory-birds https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-measures.pdf https://ipac.ecosphere.fws.gov/location/SZLUZ2DVL5EPNOYSBJJ7QYYSXM/resources 7/11

If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Please contact your local Fish and Wildlife Service Field Office if you have questions.

Migratory birds

Migratory bird information is not available at this time

Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.

Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure.

To see when birds are most likely to occur and be breeding in your project area, view the Probability of

Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site.

What does IPaC use to generate the list of migratory birds that potentially occur in my specified location?

Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden

Eagle Protection Act .

Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below.

1. The Migratory Birds Treaty Act of 1918.

2. The Bald and Golden Eagle Protection Act of 1940.

Additional information can be found using the following links:

Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species

Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-migratory-birds

Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-measures.pdf https://www.fws.gov/program/eagle-management https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-measures.pdf https://avianknowledge.net/index.php/beneficial-practices/ https://www.fws.gov/birds/policies-and-regulations/permits.php https://www.fws.gov/birds/policies-and-regulations/laws-legislations/migratory-bird-treaty-act.php https://www.fws.gov/birds/policies-and-regulations/laws-legislations/bald-and-golden-eagle-protection-act.php https://www.fws.gov/program/migratory-birds/species https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-migratory-birds https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-measures.pdf https://ipac.ecosphere.fws.gov/location/SZLUZ2DVL5EPNOYSBJJ7QYYSXM/resources 8/11

The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location.

The migratory bird list generated for your project is derived from data provided by the Avian Knowledge

Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development.

Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area.

It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.

What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location?

The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets.

Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.

How do I know if a bird is breeding, wintering or migrating in my area?

To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area.

What are the levels of concern for migratory birds?

Migratory birds delivered through IPaC fall into the following distinct categories of concern:

1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin

Islands);

2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and

3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing).

Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.

https://www.fws.gov/program/migratory-birds/species http://www.avianknowledge.net/ https://data.pointblue.org/api/v3/annual-summaries-about-data-types.html https://www.fws.gov/program/eagle-management https://data.pointblue.org/apps/rail/ https://avianknowledge.net/ https://data.pointblue.org/api/v3/annual-summaries-about-data-types.html https://data.pointblue.org/apps/rail/ https://www.fws.gov/program/migratory-birds/species https://www.fws.gov/birds/management/managed-species/bald-and-golden-eagle-information.php https://ipac.ecosphere.fws.gov/location/SZLUZ2DVL5EPNOYSBJJ7QYYSXM/resources 9/11

Details about birds that are potentially affected by offshore projects

For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data

Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird

Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.

Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact

Caleb Spiegel or Pam Loring.

What if I have eagles on my list?

If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur.

Proper Interpretation and Use of Your Migratory Bird Report

The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page.

http://www.northeastoceandata.org/data-explorer/?birds https://coastalscience.noaa.gov/project/statistical-modeling-marine-bird-distributions/ http://www.boem.gov/AT-12-02/ http://www.boem.gov/AT-13-01/ mailto:Caleb_Spiegel@fws.gov mailto:Pamela_Loring@fws.gov https://fwsepermits.servicenowservices.com/fws https://ipac.ecosphere.fws.gov/location/SZLUZ2DVL5EPNOYSBJJ7QYYSXM/resources 10/11

Facilities

National Wildlife Refuge lands

Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

There are no refuge lands at this location.

Fish hatcheries

There are no fish hatcheries at this location.

Wetlands in the National Wetlands Inventory

(NWI)

Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under

Section 404 of the Clean Water Act, or other State/Federal statutes.

For more information please contact the Regulatory Program of the local U.S. Army Corps of

Engineers District.

Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.

This location overlaps the following wetlands:

FRESHWATER FORESTED/SHRUB WETLAND

PFO2F

PFO1F

A full description for each wetland code can be found at the National Wetlands Inventory website http://www.fws.gov/refuges/ http://www.fws.gov/wetlands/ http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx https://ipac.ecosphere.fws.gov/location/SZLUZ2DVL5EPNOYSBJJ7QYYSXM/resources 11/11

NOTE: This initial screening does not replace an on-site delineation to determine whether wetlands occur. Additional information on the NWI data is provided below.

Data limitations

The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis.

The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems.

Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site.

Data exclusions

Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery.

Data precautions

Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies.

Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate Federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities.

ATTACHMENT E

FNAI REPORT

8/25/23, 9:17 AM FNAI Biodiversity Matrix https://data.labins.org/mapping/FNAI_BioMatrix/GridSearch.cfm?sel_id=21987,22229&extent=527458.0386,455381.575,530676.7266,456990.92 1/3

NOTE: The Biodiversity Matrix includes only rare species and natural communities tracked by FNAI.

Report for 2 Matrix Units: 21987 , 22229

Descriptions

DOCUMENTED - There is a documented occurrence in the FNAI database of the species or community within this Matrix Unit.

DOCUMENTED-HISTORIC - There is a documented occurrence in the FNAI database of the species or community within this Matrix Unit; however the occurrence has not been observed/reported within the last twenty years.

LIKELY - The species or community is known to occur in this vicinity, and is considered likely within this Matrix Unit because:

1. documented occurrence overlaps this and adjacent

Matrix Units, but the documentation isn't precise enough to indicate which of those Units the species or community is actually located in; or

2. there is a documented occurrence in the vicinity and there is suitable habitat for that species or community within this Matrix Unit.

POTENTIAL - This Matrix Unit lies within the known or predicted range of the species or community based on expert knowledge and environmental variables such as climate, soils, topography, and landcover.

Matrix Unit ID: 21987 0 Documented Elements Found

0 Documented-Historic Elements Found

3 Likely Elements Found

Scientific and Common Names Global Rank

State Rank

Federal Status

State Listing

Drymarchon couperi Eastern Indigo Snake G3 S2? T FT

Mesic flatwoods G4 S4 N N Mycteria americana Wood Stork G4 S2 T FT

Matrix Unit ID: 22229 0 Documented Elements Found

1018 Thomasville Road Suite 200-C Tallahassee, FL 32303 850-224-8207 850-681-9364 fax www.fnai.org

Florida Natural Areas Inventory Biodiversity Matrix Query Results

UNOFFICIAL REPORT

Created 8/25/2023

(Contact the FNAI Data Services Coordinator at 850.224.8207 or kbrinegar@fnai.fsu.edu for information on an official Standard Data Report) https://www.fnai.org/PDFs/FieldGuides/Drymarchon_couperi.pdf https://www.fnai.org/PDFs/FieldGuides/Mycteria_americana.pdf https://data.labins.org/mapping/FNAI_BioMatrix/GridSearch.cfm?sel_id=21987,22229&extent=527458.0386,455381.575,530676.7266,456990.92 2/3

0 Documented-Historic Elements Found

3 Likely Elements Found

Scientific and Common Names Global Rank

State Rank

Federal Status

State Listing

Drymarchon couperi Eastern Indigo Snake G3 S2? T FT

Mesic flatwoods G4 S4 N N Mycteria americana Wood Stork G4 S2 T FT

Matrix Unit IDs: 21987 , 22229 21 Potential Elements Common to Any of the 2 Matrix Units

Scientific and Common Names Global Rank

State Rank

Federal Status

State Listing

Antigone canadensis pratensis Florida Sandhill Crane G5T2 S2 N ST

Athene cunicularia floridana Florida Burrowing Owl G4T3 S3 N ST

Calopogon multiflorus many-flowered grass-pink G2G3 S2S3 N T

Centrosema arenicola sand butterfly pea G2Q S2 N E

Coelorachis tuberculosa Piedmont jointgrass G3 S3 N T

Coleataenia abscissa cutthroatgrass G3 S3 N E

Dryobates borealis Red-cockaded Woodpecker G3 S2 E, PT FE

Eumops floridanus Florida bonneted bat G1 S1 E FE

Glandularia tampensis Tampa vervain G2 S2 N E

Gopherus polyphemus Gopher Tortoise G3 S3 C ST

Lechea cernua nodding pinweed G3 S3 N T

Linum carteri var. smallii Small's flax G2T2 S2 N E

Lithobates capito Gopher Frog G2G3 S3 N N

Mustela frenata peninsulae Florida Long-tailed Weasel G5T3? S3? N N

Nemastylis floridana celestial lily G2 S2 N E

Nolina atopocarpa Florida beargrass G3 S3 N T

Platanthera integra yellow fringeless orchid G3G4 S3 N E

Podomys floridanus Florida Mouse G3 S3 N N

Pteroglossaspis ecristata giant orchid G2G3 S2 N T

Sciurus niger niger Southeastern Fox Squirrel G5T5 S3 N N

Ursus americanus floridanus Florida Black Bear G5T4 S4 N N

Disclaimer https://www.fnai.org/PDFs/FieldGuides/Drymarchon_couperi.pdf https://www.fnai.org/PDFs/FieldGuides/Mycteria_americana.pdf https://www.fnai.org/PDFs/FieldGuides/Athene_cunicularia_floridana.pdf https://www.fnai.org/PDFs/FieldGuides/Calopogon_multiflorus.pdf https://www.fnai.org/PDFs/FieldGuides/Centrosema_arenicola.pdf https://www.fnai.org/PDFs/FieldGuides/Coelorachis_tuberculosa.pdf https://www.fnai.org/PDFs/FieldGuides/Picoides_borealis.pdf https://www.fnai.org/PDFs/FieldGuides/Eumops_glaucinus_floridanus.pdf https://www.fnai.org/PDFs/FieldGuides/Glandularia_tampensis.pdf https://www.fnai.org/PDFs/FieldGuides/Gopherus_polyphemus.pdf https://www.fnai.org/PDFs/FieldGuides/Lechea_cernua.pdf https://www.fnai.org/PDFs/FieldGuides/Nemastylis_floridana.pdf https://www.fnai.org/PDFs/FieldGuides/Nolina_atopocarpa.pdf https://www.fnai.org/PDFs/FieldGuides/Platanthera_integra.pdf https://www.fnai.org/PDFs/FieldGuides/Podomys_floridanus.pdf https://www.fnai.org/PDFs/FieldGuides/Pteroglossaspis_ecristata.pdf https://www.fnai.org/PDFs/FieldGuides/Ursus_americanus_floridanus.pdf https://data.labins.org/mapping/FNAI_BioMatrix/GridSearch.cfm?sel_id=21987,22229&extent=527458.0386,455381.575,530676.7266,456990.92 3/3

The data maintained by the Florida Natural Areas Inventory represent the single most comprehensive source of information available on the locations of rare species and other significant ecological resources statewide. However, the data are not always based on comprehensive or site-specific field surveys. Therefore, this information should not be regarded as a final statement on the biological resources of the site being considered, nor should it be substituted for on-site surveys. FNAI shall not be held liable for the accuracy and completeness of these data, or opinions or conclusions drawn from these data. FNAI is not inviting reliance on these data. Inventory data are designed for the purposes of conservation planning and scientific research and are not intended for use as the primary criteria for regulatory decisions.

Unofficial Report These results are considered unofficial. FNAI offers a Standard Data Request option for those needing certifiable data.

mailto:kbrinegar@fnai.fsu.edu?subject=Standard%20Data%20Request&body=I%20am%20interested%20in%20a%20Standard%20Data%20Request%20for%20the%20following%20grids:21987,22229.

ATTACHMENT F

FDEP TITLE AND LANDS RECORDS SECTION WORKSHEET

10/19/2010 10:17.07

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

TITLE AND LAND RECORDS SECTION

BOARD OF TRUSTEES LAND DATABASE SYSTEM

WORKSHEET SHORT FORM (FOR INTERNAL DEP USE ONLY)

WSMPRT02

FILE NUMBER:

WORKSHEET ID:

COUNTY:

APPLICANT:

COMPANY:

SITE:

BROOKER CREEK

92392

PINELLAS

SHIRLEY ZELLER

PINELLAS COUNTY PUBLIC WORKS

BROOKER CREEK IN SECTION 4, 3 & 34

TYPE OF ACTIVITY:

PROJECT LOCATION:

AOUATIC PRESERVE:

WATER BODY:

SUBMERGED LAND DETERMINATION

SECTION TOWNSHIP RANGE

34 27S 16E 3 28S 16E 4 28S I6E

PINELLAS COUNTY

BROOKER CREEK

COMMENTS: RECORDS ON FILE WITHIN THE TITLE AND LAND RECORDS SECTION INDICATE THAT

THE STATE HOLDS TITLE TO THE LANDS BELOW THE OHWL OF BROOKER CREEK IN

SECTION 4. THERE IS ALSO EASEMENT NUMBER 00213(4053-52) FOR THE BRIDGE IN

SECTION 4.

THE STATE HAS INSUFFICIENT INFORMATION TO MAKE A DETERMINATION OF

OWNERSHIP OF THE CREEK IN SECTIONS 3/T28S/R16E AND S34/r27S/R16E. THEREFORE, WE RECOMMEND THAT THE PROPRIETARY REQUIREMENTS THAT WOULD NORMALLY

APPLY TO STATE LANDS NOT APPLY TO SECTION 3 & 34.

LETTER TO SHIRLEY ZELLER @ PINELLAS COUNTY

DW 10/19/10

PREPARER:

DATE PREPARED:

DONELLE WHITE

10/19/2010

NOTICE: THE CONCLUSIONS AND DETERMINATIONS SET FORTH IN THIS TITLE WORKSHEET ARE

BASED ON A REVIEW OF THE RECORDS CURRENTLY AVAILABLE WITHIN THE DEPARTMENT OF

ENVIRONMENTAL PROTECTION AS SUPPLEMENTED, IN SOME CASES, BY INFORMATION FURNISHED

BY THE REQUESTING PARTY. SINCE THE ACCURACY AND COMPLETENESS OF THE TITLE

INFORMATION REVIEWED MAY VARY, THE CONCLUSIONS AND DETERMINATIONS SET FORTH

HEREIN DO NOT CONSTITUTE A LEGAL OPINION OF TITLE AND SHOULD NOT BE RELIED ON AS SUCH.

T-ii • 1 -TN. A A jy Charlie Crist

Florida Department or Governor Environmental Protection jeifKottkamp

Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard M- • A n Tallahassee, Florida 32399-3000 Mimi A. urew

Secretary

October 19,2010

Shirley ZeUer, PSM, CPM Pinellas County Public Works-Division of Survey & Mapping 22211 U.S. Highway 19 N., Building No. 16 Qearwater, Florida 33765

RE: Brooker Creek

Dear Ms. ZeUer:

This letter is in response to your recent inquiry requesting a determination of state owned lands in Sections 3 & 4, Township 28 South, Range 16 East and Section 34, Township 27 South, Range 16 East in Pinellas County.

Records on file within the Title and Land Records Section indicate that the state holds title to the lands below the ordinary high water line of Brooker Creek in Section 4.

There is also a Submerged Land Easement Number 00213(4053-52) for the East Lake Road Bridge in Section 4.

The state however has insufficient information to make a determination of ownership of Brooker Creek in Sections 3 & 34. Therefore, we recommend that the proprietary requirements that would normally apply to state lands not apply to Sections 3 & 34.

The conclusions stated herein are based on a review of records currently available within the Department of Environmental Protection as supplemented, in some cases, by information furnished by the requesting party and do not constitute a legal opinion of title. A permit from the Department of Environmental Protection and other federal, state and local agencies may be required prior to conducting activities.

"More Protection, Less Process' www. dep.state.fl. us

Ms. Shirley ZeUer Page Two October 19,2010

Should you have any questions regarding this determination, please contact Donelle White, GOC I, at mail station 108 at the above address or call at (850) 245-2788.

Sincerely, Rod A. Maddox, Professional Land Surveyor Manager Title and Land Records Section Division of State Lands Bureau of Survey and Mapping For Terry E. Wilkinson, Bureau Chief Attachment: Map & easement RAM/dw RXTTTLEXDonelleXGct-Dec 2010\Pine]las\shirley zeller @ pinellas county brooker creek 10-19-lO.doc

INST * 91.-06049S P-INELLAS COUNTY FLA.

J ■; MAR 8, 1991 2:37PM tif-p ,REC. BK 7511 PG B92

After Recording MHHMH(»TO:

Bureau of Submerged Lands and Preserves 3900 Commonwealth Boulevard Hall Station No. 125 Tallahassee, Florida 32399

BO&RO OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

OF THE STATE OF FLORIDA

SOVEREIGN SUBMERGED LANDS BASEMENT

NO. 00213(4053-52)

THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor.

WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to Pinellas County Board of County Commissioners , hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereign lands, i£ any, contained in the following legal

TEC

l)S A parcel of submerged land in Section{s) 04 , :»JT Township 28 South . Range 16 East , in Brooker Creek , ' .-J. " Pinellas County, as is more particularly described ■1-.. . and shown on Attachment A, dated July 5, 1990

.IBV . TO HAVE THE USE OF the hereinabove described premises for a period rcrrAU »i •* °* 25 years from December 18, 1990 , the…