Attachment 7 - Categorical Exclusion Form.pdf

RON DESANTIS

Governor

MICHAEL ERTEL

Secretary of State

Division of Historical Resources

R.A. Gray Building • 500 South Bronough Street• Tallahassee, Florida 32399

850.245.6300 • 850.245.6436 (Fax) • FLHeritage.com

Mr. Richard S. Kanaski January 15, 2019 Regional Historic Preservation Officer & Regional Archaeologist Fish and Wildlife Service Office of the Regional Archaeologist 694 Beech Hill Lane Hardeeville, South Carolina 29927

Re: DHR Project File No.: 2018-6559 / Received: December 19, 2018

FW-FLPA 419(1)

Proposed Fritz Road Improvements Florida Panther National Wildlife Refuge, Collier County

Dear Mr. Kanaski:

The Florida State Historic Preservation Officer reviewed the referenced project for possible effects on historic properties listed, or eligible for listing, on the National Register of Historic Places. The review was conducted in accordance with Section 106 of the National Historic Preservation Act of 1966, as amended, and its implementing regulations in 36 CFR Part 800: Protection of Historic Properties.

Based on the information provided, this office concurs with your finding that the proposed undertaking will have no effect on historic properties.

This office would like to compliment the Fish and Wildlife Service on the thoroughness of the report. If you have any questions, please contact Scott Edwards, Historic Preservationist, by electronic mail scott.edwards@dos.myflorida.com, or at 850.245.6333 or 800.847.7278.

Sincerely, Timothy A. Parsons, Ph.D., Director, Division of Historical Resources and State Historic Preservation Officer

Attachment 2-2

Task 1 will occur within the right-of-way of State Road 29. Tasks 2, 3 and 4 will occur within the boundary of the Florida Panther National Wildlife Refuge.

Pull-offs #1 and #2 under Task 3 will consist of a cellular confinement system placed on stabilized surfaces filled with 4-inch roadway aggregrate (Figures 4, 10, 11, & 12). Pull-off #3, which is within a previously disturbed area, will be re-conditioned and graded to a level surface (Figures 5, 13 & 14). Roadway aggregate will then be placed to create the pull-off surface.

The purpose and need of the project is to improve access to the Florida Panther National Wildlife Refuge Headquarters Office. Motorist safety is currently compromised on SR-29, as vehicles turning into the Refuge entrance have no turning or deceleration lanes to pull off onto when turning into the Refuge entrance from SR-29. Numerous near misses have occurred when vehicles are turning into the Refuge entrance from SR-29, but thankfully, no actual accidents have occurred. Due to the speed that vehicles are travelling at on SR-29, dedicated turning lanes are needed to improve motorist safety. Currently, Fritz Road is approximately 11-12 feet wide, and presents challenges for two-way traffic. Vehicles travelling in opposite directions along Fritz Road do not have adequate room to safely pass one another. As such, one vehicle must pull over to the side of the road, which can be challenging during the wet season. Pull-off’s along Fritz road will allow for improved safe and efficient travel along Fritz Road.

The project will resurface the existing gravel one-lane Fritz Road with aggregate surface course.

Resurfacing of Fritz Road will begin at the intersection with SR-29, and extend west for 0.25 miles (Figures 1, 1a and 2). The project will construct two new gravel pull-offs (cellular confinement system design; 1300 sq. ft area), and improve one small existing parking area next to Fritz Road (new 400 sq.ft. increase in gravel) (Figures 4, 5 and 10-14). The project includes adding a deceleration lane (from north to south) and a left-turn lane (from south to north), from SR-29 onto Fritz Road. Turn lanes and transition space will result in approx. 0.9 acres increase in new pavement area over a total span of 1600 ft along SR-29. Road widening work on SR-29 includes roadway excavation and embankment improvements, drainage, aggregate base, asphalt concrete pavement, and other miscellaneous work. The estimated timeframe for these improvement activities is approximately 6 months. The project scope also includes providing a slightly larger automatic entrance gate system with buried pressure sensors to prevent wildlife from wandering out onto SR-29.

Attachment 2-3

F ig ur e

1.

ae ri al im ag e of p ro je ct a re a.

Attachment 2-4

Figure 1a. 2018 aerial image of the project area with project tasks highlighted

Attachment 2-5

Figure 1b. Photo of abandoned raised roadbed, looking west from SR-29.

Figure 1c. Photo looking southwest from top of roadbed at transmission line.

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2.

D

E M m ap o f pr oj ec t a re a.

Attachment 2-7

Figure 3. Engineering drawing showing the proposed deceleration lane and Fritz Road’s intersection with SR 29.

Figure 4. Engineering drawings of pull-offs 1 & 2 along Fritz Road.

Attachment 2-8

Figure 5. Engineering drawings of pull-off #3 along Fritz Road.

Figure 6. View of future SR-29 deceleration lane location (looking north from Fritz Road entrance).

Attachment 2-9

Figure 7. SR-29, looking south from Fritz Road entrance.

Figure 8. Fritz Road entrance, looking west from SR-29.

Attachment 2-10

Figure 9. Fritz Road looking west from SR-29.

Figure 10. Future location of Fritz Road pull-off #1, looking northwest.

Attachment 2-11

Figure 11. Future location of Fritz Road pull-off #1, looking northeast.

Figure 12. Future location of Fritz Road pull-off #2, looking northwest. The Refuge’s Headquarters Office can be seen in the upper left corner of photo.

Attachment 2-12

Figure 13. Future location of Fritz Road pull-off #3, looking northwest.

Figure 14. Future location of Fritz Road pull-off #3, looking east.

Attachment 2-13

V. Pertinent Species and Habitat:

Potentially affected species were identified by evaluating the location and nature of the proposed actions, the USFWS county list of records for T&E species which are present or historically occurred in Collier County, FL (last updated in 02/04/2019), scientific literature, and expert biological opinion. Potential habitat was evaluated using lidar technology, aerial photographs, the knowledge of USFWS personnel, species experts familiar with the project area, and habitat requirements for selected TES species. For the purposes of this analysis, a list of federally and state listed species was obtained from the following sources: 1) federally listed species that may occur in or near FPNWR was obtained from the USFWS IPAC website (http://ecos.fws.gov/ipac/) on 6 February 2019 (Consultation Code: 04EF2000-2019-SLI-0461 Event Code: 04EF2000-2019-E-01210); 2) FPNWR species lists; and 3) state listed species that may occur in or near FPNWR. Species that were eliminated from further analysis include: 1) species that were extirpated or are not believed to occur within the project area; and 2) species that occur in areas that would not be affected by the project.

Federally listed species with documented occurrences on the Florida Panther National Wildlife Refuge include: American alligator (Alligator mississippiensis), Eastern indigo snake (Drymarchon corais couperi), Florida bonneted bat (Eumops floridanus), Florida panther (Puma concolor coryi), wood stork (Mycteria americana), and Audubon's crested caracara (Polyborus Plancus audubonii). The Eastern Diamondback Rattlesnake (Crotalus adamanteus) occurs throughout the FPNWR, and has been documented within the project area. The Eastern Diamondback Rattlesnake has been petitioned for listing as a threatened species under the Endangered Species Act. As indicated in Federal Register Volume 77 Issue 91 (Thursday, May 10, 2012), the USFWS found that the petition presented substantial scientific or commercial information indicating that listing the eastern diamondback rattlesnake may be warranted. As such, the USFWS has initiated a review of the status of the species to determine if listing the Eastern Diamondback Rattlesnake is warranted. Everglade Snail Kite (Rostrhamus sociabilis plumbeus) has never been documented on the FPNWR. However, three immature snail kites were documented on private lands adjacent to the FPNWR (approximately 6.5-11 aerial miles from the project area) during a recent Christmas Bird Count on 14 December 2019.

State listed threatened, endangered and animal species of concern known to occur on the Refuge include: Gopher tortoise (Gopherus polyphemus), Roseate spoonbill (Ajaia ajaia), little blue heron (Egretta caerulea), Southeastern American kestrel (Falco sparverius Paulus), Tricolored heron (Egretta tricolor), and Big Cypress fox squirrel (Sciurus niger avicennia).

No federal or state listed plant species are known or expected to occur within the project area, as the project area occurs along an existing highway (i.e., SR-29) that has been in place for over 70 years, and a gravel road (i.e., Fritz Road) that has been in place for over 60 years. This area has been repeatedly visited and surveyed by botanical researchers and FPNWR biological staff for decades, and Refuge employees drive/walk on these roads upwards of five days per week.

Eumops floridanus has been captured and detected acoustically within multiple habitats on the FPNWR (Figure 15), including at Roth Work Center Pond (approximately 1 aerial mile south of the project area) and Pistol Pond (approximately 4 aerial miles north of the project area). There are no known E. floridanus roosts on the FPNWR. The last known E. floridanus roost was abandoned and destroyed by winds during 2016/2017, and was located on the west side of the

Attachment 2-14

FPWNR, approximately 6.75 aerial miles from the project area.

As part of an independent project during 2013, Sutton C. Maehr deployed up to nine Anabat SD2 acoustical detectors to monitor for presence or absence of the Florida bonneted bat at selected sites, including dry upland habitats and around open water areas. Anabat recorders were deployed on a Monday, and then collected and moved the following Thursday. Thursday deployments consisted of four survey nights. After sunset, Anabats were operated for 7 for 3-4 consecutive nights at each location, and recording at all frequencies. Maehr’s surveys took place within thirteen survey areas on the FPNWR (Table 1), and his results indicated that the Roth Work Center pond and West Hinson Lake (approximately 3.1 aerial miles from the project area) had the highest abundance of FBB calls.

The Florida panther has been documented in almost every habitat on the FPNWR (Figure 16), and individual cats have been observed by visitors and USFWS employees adjacent to Fritz Road.

Audubon's crested caracara has been consistently observed scavenging and perching along the SR-29 right-of-way during the past three years (Figures 17-19). Prior to 2016, crested caracaras were rarely observed south of the FPNWR’s northern boundary along SR-29 (Mark Danaher and other USFWS employees’ personal observations).

The American alligator can be found in almost every wetland on the FPNWR, including the Barron River Canal, which is adjacent to SR-29. This species is only listed due to similarity of appearance to the American crocodile.

Eastern indigo snakes are possibly non-existent on the refuge, as there is very little good quality habitat for the species due to the amount and duration of flooding on the Refuge during the wet season. Eastern indigo snakes that were released on the refuge years ago have not been re-sighted.

A. Include species/habitat occurrence map:

Location FBB Call Abundance Abundance per Day Devices Deployed

Cochran Lake 5.2 1.3 9

West Hinson Lake 46.6 11.6 7

Roth Work Center Pond 35.7 11.9 9

Pistol Pond 6.9 1.7 9

Unit 6 Flatwoods 0 0 9

Unit 13 Flatwoods 0 0 9

McBride's Pond 0 0 9

Hunt Club 0.55 0.13 9

Clear Cut 6.25 2.08 4

Unit 24 Pond 3.4 1.1 9

Unit 25 Snags 3.9 1.3 9

Wilson Camp Lakes 0.5 0.16 6

Lucky Lake 0 0 9

Table 1. Bonneted Bat Call Abundance from Maehr 2013

Attachment 2-15 ig ur e

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Attachment 2-17

Figure 17. Crested caracara perched in pine tree 500 +/- feet from project area.

Figure 18. Crested caracaras perched on SR-29 guardrail 1.25 +/- miles from project area.

Attachment 2-18

B. Complete the following table:

SPECIES/CRITICAL HABITAT STATUS1

American alligator (Alligator missippiensis) T (SA) Florida bonneted bat (Eumops floridanus) E Florida Panther (Puma concolor coryi) E

Wood stork (Mycteria americana) T

Eastern Indigo Snake (Drymarchon corais couperi) T

Audubon’s crested caracara (Polyborus plancus audubonii)

T

1STATUS: E=endangered, T=threatened, PE=proposed endangered, PT=proposed threatened, CH=critical habitat, PCH=proposed critical habitat, C=candidate species

VI. Location (attach map):

A. Ecoregion Number and Name: 53-South Florida

B. County and State: Collier County, Florida

C. Section, township, and range (or latitude and longitude): S1 T53 R27, S18 T53 R28, S20 T53 R28, S34 T49 R28, S31 T49 R29

Figure 19. Crested caracaras scavenging .75 +/- miles south of project area.

Attachment 2-19

D. Distance (miles) and direction to nearest town:

Florida Panther National Wildlife Refuge is located in the Northwest corner of the intersection of Interstate 75 and State Road 29, 20 miles east of Naples, FL.

E. Species/habitat occurrence:

Based upon historic information and general distribution information for these species, the refuge staff is aware that listed species may occur within the vicinity of the project area. Pertinent information is described in Section VII A for each of the listed species.

VII. Determination of Effects:

A. Explanation of effects of the action on species and critical habitats in section V.

subsection B (attach additional pages as needed):

It is important to note that the project area will almost exclusively occur along existing roads (i.e., SR-29 and Fritz Road), which have been in place for decades. Other than Polyborus plancus audubonii, Puma concolor coryi and M. americana, no potential effects are anticipated for any of the other species listed in section V subsection B.

Construction activities may temporarily disrupt scavenging/foraging activities of Polyborus plancus audubonii, M. Americana and state listed species of birds, but birds can easily fly over and avoid the construction area. Creation of pull-offs along Fritz Road will require the removal of 5-10 small pine trees and minor filling adjacent to the roadbed, but ample trees for perching are available nearby. Because highway speeds will be reduced within the construction area, the project could conceivably provide short-term beneficial effects for Polyborus plancus audubonii, M. Americana and other wildlife that have the potential to get on SR-29, as automobile-wildlife collisions would be less likely when vehicles are travelling at slower speeds.

B. Explanation of actions to be implemented to reduce adverse effects:

SPECIES/

CRITICAL HABITAT

ACTIONS TO MITIGATE/MINIMIZE IMPACTS

American alligator (Alligator mississippiensis)

No actions to mitigate/minimize impacts to alligators are necessary. Adverse effects to this species as a result of this action are not anticipated.

Florida bonneted bat (Eumops floridanus)

No snags or trees with cavities will be removed unless they are peeped by Refuge Biologist and no wildlife species are discovered utilizing cavities.

Florida Panther (Puma concolor coryi)

- Entrance gate will be kept shut at all times. A barrier will be put in place should the old gate be removed, and the new gate not installed immediately afterwards.

- Should any wildlife fencing need to be relocated or replaced during construction, similar temporary fencing will be installed contiguous with permanent fencing when construction workers aren’t present. Such temporary fencing should prevent panthers and other medium to large-bodied wildlife from entering the SR-29 roadway.

Eastern indigo snake (Drymarchon corais couperi)

All construction workers will be instructed to constantly be on the lookout for all snakes, and to avoid any that are seen.

Audubon’s crested caracara (Polyborus plancus audubonii)

Reduce highway speeds during construction on SR-29 and minimize removal of pine trees along Fritz Road.

VIII. Effect Determination and Response Requested:

A.

Species/Critical Habitat Status

Determination z

Response Requested3

NE NA AA

American alligator (Alligator T(SA) X Concurrence mississippiensis)

Audubon's crested caracara (Polyborus X plancus audubonii)

Eastern indigo snake T X Concurrence ( Drymarchon corais couperi)

Everglades Snail Kite (Rostrhamus sociabilis E X Concurrence plumbeus)

Florida bonneted bat E X Concurrence (Eumops floridanus)

Florida Panther (Puma E X Concurrence concolor coryi)

Wood stork (Mycteria T X Concurrence americana)

DETERMINATION/RESPONSE REQUESTED:

NE = no effect. This determination is appropriate when the proposed action will not directly, indirectly, or cumulatively impact, either positively or negatively, any listed, proposed, candidate species or designated/proposed critical habitat. Response Requested is optional but a "Concurrence" is recommended for a complete Administrative Record.

NA = not likely to adversely affect. This determination is appropriate when the proposed action is not likely to adversely impact any listed, proposed, candidate species or designated/proposed critical habitat or there may be beneficial effects to these resources.

Response Requested is a "Concurrence".

AA = likely to adversely affect. This determination is appropriate when the proposed action is likely to adversely impact any listed, proposed, candidate species or designated/proposed critical habitat. Response Requested for listed species is "Formal Consultation".

Response R z ed �nference

/-,/,o

Signature (originating station) �

Title

Attachment 2-19

Concurrence

Attachment 2-20

VIII. Effect Determination and Response Requested:

A.

Species/Critical Habitat Status1 Determination2 Response Requested3

NE NA AA

American alligator (Alligator mississippiensis)

T (SA)

X

Audubon’s crested caracara (Polyborus plancus audubonii)

Eastern indigo snake (Drymarchon corais couperi)

T

Everglades Snail Kite (Rostrhamus sociabilis plumbeus)

E

Florida bonneted bat (Eumops floridanus)

Florida Panther (Puma concolor coryi)

Wood stork (Mycteria americana)

T

1DETERMINATION/RESPONSE REQUESTED:

NE = no effect. This determination is appropriate when the proposed action will not directly, indirectly, or cumulatively impact, either positively or negatively, any listed, proposed, candidate species or designated/proposed critical habitat. Response Requested is optional but a “Concurrence” is recommended for a complete Administrative Record.

NA = not likely to adversely affect. This determination is appropriate when the proposed action is not likely to adversely impact any listed, proposed, candidate species or designated/proposed critical habitat or there may be beneficial effects to these resources.

Response Requested is a “Concurrence”.

AA = likely to adversely affect. This determination is appropriate when the proposed action is likely to adversely impact any listed, proposed, candidate species or designated/proposed critical habitat. Response Requested for listed species is “Formal Consultation”.

Response Requested for proposed or candidate species is “Conference”.

Signature (originating station) date

Title

Attachment 2-21

IX. Reviewing Ecological Services Office Evaluation:

A. Concurrence ______ Nonconcurrence _______

B. Formal consultation required _______

C. Conference required _______

D. Informal conference required ________

E. Remarks (attach additional pages as needed):

Attachment 2-22

Signature date

Title