Attachment D - Environmental Compliance Review.PDF

Environmental Compliance Review (ECR) Checklist Conditions:

See ECR Checklist for THPO, Wildlife, & Wetlands Conditions.

ERD must be notified with a project schedule and details 30 days prior to project “kick off”.

Forward schedule and project details to ERMDRequest@semtribe.com before commencing construction.

MEMORANDUM

TO: Gaby Mujica-Melendez, Delivery Manager – Public Works

FROM: Megan Mills, Permitting Manager - ERD

RE: Environmental Compliance Review (ECR): Re-Pump Station Equipment Cover Structures - West Boundary Road (ERD-05-2024- 025386)

DATE: October 7, 2024 In accordance with applicable policies, procedures, ordinances and regulations, ERD has completed an environmental review of this project. The proposed action is the approval of the demolition of two existing wooden canopies and construction of two new hurricane-related replacement canopy cover structures. The existing canopy cover structures were previously authorized by ERMD-03-2017-009863 – Install Pole Barn #2 at Repump Station; ERMD-03- 2017-009900 – Install Pole Barn #1 at Repump Station. Previous clearances for this location exist under ERMD-03-2023-022944 - New E-One Test Station and New Water Service - 32480 W. Boundary Road; ERMD-02-2018-11121 - BC Re-Pump Station Roof Repair; ERMD-13-86 – Installation of CenturyLink Fiber Build along West Boundary Road to Billie Swamp Safari, including a spur to the repump station. The proposed project is located at 32480 W Boundary Road, located within the Big Cypress Reservation, Hendry County (Township 48 South, Range 33 East, Section 04).

Based on details submitted, ERD has prepared the following Environmental Compliance Review (ECR) package to include the necessary reviews and backup documentation. This concludes the environmental review. Work may proceed in accordance with the conditions and mitigation measures listed below, and as referenced in the attached clearance documents. This document must be available at the work site for reference. 7 days prior to the commencement of any construction or clearing, ERD must be notified with a project schedule and details forwarded to ERMDCompliance@semtribe.com (954-965-4380 Ext. 10631). Any spills or releases of hazardous materials must be reported immediately to ERD. STOF-Public Works Department must also be notified at digpublicworks@semtribe.com to ensure all existing utilities are located and cleared before any ground disturbance occurs. If changes in the project, scope of work or location should occur, please contact ERD by email at ERMDRequest@semtribe.com or by phone at 954-965-4380 Ext. 10631.

ATTACHMENT D

mailto:ERMDRequest@semtribe.com mailto:ERMDCompliance@semtribe.com mailto:digpublicworks@semtribe.com mailto:ERMDRequest@semtribe.com

MM

Cc: Whitney Sapienza, Director; file

Attachments:

☒Environmental Compliance Review Checklist ☒THPO Clearance Letter ☒Threatened and Endangered Species Review ☒ERMD Wetland Memorandum

Brochure:

☒Audubon’s Crested Caracara ☒Eastern Indigo Snake ☒Florida Bonneted Bat ☒Florida Panther ☒Snail Kite ☒Wood Stork

ATTACHMENT D

ENVIRONMENTAL COMPLIANCE REVIEW CHECKLIST

Required Documentation

A. National Environmental Policy Act (NEPA) Required Not Required Categorical Exclusion

Environmental Assessment Environmental Compliance Review

B. Historical Preservation Act – Section 106 (THPO) Required Not Required THPO Project #: 2024-196

Cleared – No historic properties affected in the Area of Potential Effect (APE) as described. No cultural resources affected.

Not Cleared – Archeological Site found within the Area of Potential Effect.

Conditions:

If an inadvertent discovery of archeological materials or human remains is made, all work should stop and the discovery must be reported to THPO. In the case of human remains please notify the Seminole Police Department immediately, then call the Office of the THPO.

C. Endangered Species Act – Section 7 Required Not Required

Cleared – No listed species and/or designated critical habitat is present in APE

Cleared – Listed species and/or designated habitat is present in the APE but appropriate mitigation measures have been obtained.

Not Cleared – Listed species and/or designated habitat is present in the APE and the project cannot proceed without additional work.

Conditions:

• ERD requires any personnel involved in the project watch a Best Management Practices video for wildlife and have wildlife brochures on hand during construction. The video and brochures are available from ERD upon request.

Please feel free to contact me with any questions or concerns at (863)763-4128 x 15415.

• Construction work will be conducted during the non-nesting season to avoid disturbance to nesting caracaras. Suitable trees beneficial for nesting, such as cabbage palms, and other large trees for perching and roosting will be retained.

Additional actions that will minimize harmful effects may include habitat enhancement, muffling of equipment, less intrusive construction methods, maintaining natural ground cover that may be used by fledglings, and other project-specific recommendations.

• Conservation measures must be planned prior to commencing the defined project activities and included in the project designs because these project modifications can avoid formal consultation and expedite the project’s completion.

• If construction must occur in the secondary zone during the nesting season, ERD will monitor the nest trees during construction activities. The monitoring will determine if project activities are disturbing the caracara. If the nesting caracaras appear disturbed by the activities, ERD will contact the Service to develop actions that minimize adverse effects and reduce the likelihood of incidental take.

• The Service requires that all personnel involved in the site preparation and construction watch an informational video on T&E species within the reservation and carry species brochures with them while on the site. Both the video and brochures are available through the ERD.

• Wildlife staff must be notified 30 days prior to any land clearing or construction activities to resurvey for bonneted bats emergence calls

• The “Standard Protection Measures for the Eastern Indigo Snake” and the “Standard Wildlife Education Measures” must be followed.

D. Wetlands Required Not Required

Cleared with Conditions- Jurisdictional wetlands are not located within the identified project boundary. Conditions required for approval. See below.

Cleared – Wetlands identified with project APE but appropriate mitigation or avoidance has been conducted.

Not Cleared – Wetlands have been identified within the APE and the project cannot proceed without additional work.

Required Best Management Practices Surrounding Bodies of Water Silt fence is required as per the attached specifications to prohibit sediment runoff into surrounding Waters of the U.S. from associated construction activities. Construction activities require a 15 foot minimum to 25 foot average set back from wetlands.

Implementation of best management practices is required to minimize the adverse impacts of soil erosion and sedimentation to the downstream water bodies. Construction sites are to establish maintenance areas for activities, which are capable of causing migration of pollutants, away from water bodies. Such activities are fuel and maintenance staging areas, mixing areas for pesticides, herbicides and fertilizers. Effective minimization and control of erosion surrounding water bodies are ensured by scheduling grading and construction activities to minimize soil exposure, retaining existing vegetation when applicable, stabilization immediately following final grading (mulching, vegetating, and sodding), controlling runoff and erosion, installation of sediment traps (silt fences, turbidity curtains, perimeter dikes, and inlet protections), and regular inspections of the implemented control measures.

E. National Pollutant Discharge Elimination System Required Not Required

Notice of Intent (NOI) under Construction General Permit Individual NPDES permit

Construction contractor is required to file a NOI for the NPDES Permit to the EPA (see attached brochure for more information). The ERD requires a copy of the NOI and receipt from the EPA for construction to proceed. The contractor is responsible for providing the appropriate 14 day notice of construction as required by permit.

F. Seminole Water Commission Required Not Required

Well Construction\Abandonment Permit Required [Permit #: ] Storm Water Management Permit Required Seminole Water Commission [Permit # _________ Approval Date: ]

G. Spill Prevention Control & Countermeasure (SPCC) Required Not Required

Self-Certified SPCC Plan (< 10,000 gallons) PE sealed SPCC Plan (> 10,000 gallons)

H. Historical Review/ Contamination Assessment Required Not Required

Historical Review

Not Completed – Historical review has not been completed for this APE Completed – Historical review indicates that no additional review is required within this

APE

Completed – Historical review indicates that site inspection and contamination assessment be conducted

Contamination Assessment Not Completed – Contamination assessment has not been completed for this APE Completed –Assessment indicates no contaminants present or contaminant levels are within allowable EPA limits and no remediation activities are required Completed – Assessment indicates that contaminant levels are above allowable EPA limits and remediation activities are required for the project to proceed.

Conditions:

During any activity, if soil or groundwater contamination is encountered or a spill of a hazardous material or oil/gasoline occurs, stop work in the area and contact ERD at 954-965-4380 or 863- 763-4128 immediately.

00260588-2

THPO File #/Application#: 2024-196 Energov #: 05-2024-025385

Project Description: Re-Pump Station Equipment Cover Structures - West Boundry Road

Authorized Activities: This Base Plan application is the initial submittal to ERD for design & construction for demolition of two existing wooden canopies and construction of two new hurricane-rated replacement Canopy Cover Structures to store STOF water & wastewater equipment. This submittal includes Area of Potential Effect (APE) shapefiles and a Shapefiles Location Map aerial for the proposed replacement Canopy Cover Structures.

Project Location: Big Cypress Reservation

Date of Issuance: June 3, 2024

Clearance Duration: 5 Years from Date of Clearance

This Clearance is issued pursuant to THPO File No: 2024-196 dated June 3, 2024. This Clearance is issued under the provisions of Seminole Tribe of Florida Ordinance C-01-16, Cultural Resource Ordinance (“CRO”), and, to the extent they are relevant, the agreements with the United States National Park Service and the Advisory Council on Historic Preservation.

A review Re-Pump Station Equipment Cover Structures - West Boundry Road area of potential effect (APE) was previously surveyed under THPO project 2017-054 and 2017-061. It is our opinion that there will be no historic properties or no cultural resources affected [36 CFR 800.4(d) (1), STOF Cultural Resource Ordinance (C-01-16)] by this project. This clearance applies to the area of potential effects (APE) as described. Should that change a new survey may be required.

All activities authorized by this Clearance must be implemented as set forth, in compliance with the CRO, and in a manner respectful of the Seminole Tribe of Florida’s culture. All information related to this Clearance is by this reference incorporated herein, regardless of attachment hereto.

All terms contained in this Clearance have the meanings given to them in the CRO except that references to “cultural resources” shall, herein refer collectively to “cultural resources” and “historic properties.”

Where a term is not defined in the CRO, the term will have its ordinary meaning. This Clearance shall be subject to the General and Special Conditions below.

Unanticipated Discoveries

Should future activities in this APE uncover any archaeological remains, activity in the immediate area must be stopped until a professional archaeologist from the TAS can evaluate the discovery. In the event that human remains are found during construction or maintenance activities, the STOF maintains compliance with provisions of the Native American Graves and Repatriation Act (NAGPRA). If human remains, funerary objects, or sacred objects are discovered inadvertently, the Tribal Historic Preservation Officer (THPO), Collections Manager, and the Seminole Police Department must be notified immediately by telephone and all further activity ceased. Additionally, a reasonable effort must be made to leave the discovery in place.

NOTICE OF RIGHTS

Unless otherwise provided for 7by Seminole Tribe of Florida Ordinance C-01-16, Cultural Resource Ordinance (“CRO”), any person whose interests are substantially affected by any decision, determination, action (including the issuance of permits), or enforcement action (including the imposition of administrative remedies) under the CRO may request an administrative hearing with thirty

(30) days after the receipt of said decision, determination, action or enforcement action or receipt of a Notice of Violation, Cease and Desist Order, or Citation under the CRO. All requests for an administrative hearing must be timely filed by certified mail within the Seminole Tribe of Florida Tribal Historic Preservation Office (“THPO”) and the Seminole Tribe of Florida Office of the General Counsel (“General Counsel”).

Tribal Historic Preservation Office 30290 Josie Billie Highway

PMB 1004

Clewiston, Florida 33440

Seminole Tribe of Florida Office of the General Counsel Office 6300 Stirling Road Hollywood, Florida 33024

All requests for an administrative hearing must comply with the requirements of the CRO and implementing Administrative Procedures, which are available by request from the THPO or the General Counsel. For purposes of computing time, the day of the triggering act shall not be included. Further, the last day of the prescribed period (30 days) shall be included unless it is a Saturday or Sunday, or a designated Seminole Tribe of Florida holiday or other official closure of the Seminole Tribe of Florida government offices, in which event the period shall be extended to the next business day. Tribal holidays are those designated by the Seminole Tribe for closure of the Seminole Tribe’s government offices and as published on the Tribal Historic Preservation Office website, www. stofthpo.com.

All persons waive the right to a hearing or any other legal remedy for failure to timely request an administrative hearing under the CRO. All administrative review and hearings must be exhausted before any person subject to the Seminole Tribe of Florida’s jurisdiction can file a legal action in a civil court of competent jurisdiction. Failure to initiate an administrative review under the CRO will act as a waiver of any rights to file an action in any court of competent jurisdiction.

Any enrolled member of the Seminole Tribe of Florida whose interests are substantially affected may, in lieu of an administrative hearing under the CRO, request that the matter in question be decided by a traditional community-based decision-making process consistent with the Seminole Tribe’s traditions.

Such requests will be honored at the discretion of the Tribal Council of the Seminole Tribe of Florida.

Decisions from a traditional community-based decision-making process are final and cannot be appealed nor can an administrative hearing be initiated. Any person requesting a traditional community-based decision-making process waives all rights to file an action in or appeal to any court of competent jurisdiction and agrees to be bound by the decision resulting from the traditional community-based decision making process.

SEMINOLE TRIBE OF FLORIDA

EXECUTIVE OPERATIONS OFFICE

TINA OSCEOLA

Acting Executive Director of Operations

T: 863-983-6549 Ext. 12262 tinaosceola@semtribe.com

WHITNEY SAPIENZA

Director Environmental Resources 6363 Taft

Street, Suite 309 Hollywood, Florida 33024

T: (954) 965-4380 Ext. 10627 F: (954) 962-8727 whitneysapienza@semtribe.com

MARCELLUS W. OSCEOLA, JR., Chairman

HOLLY TIGER, Vice Chairman

LARRY HOWARD, Brighton Councilman

CHRISTOPHER OSCEOLA, Hollywood Councilman

MARIANN BILLIE, Big Cypress Councilwoman

NAOMI WILSON, Acting Secretary

PETER A. HAHN, Treasurer

TO: Megan Mills, Permitting and Compliance Manager

FROM: Joseph A. Andreoli, Biological Technician I

RE: Wildlife Findings and Recommendations for ERD-05-2024-025326 Set-Aside of

Land for Repump Station

DATE: October 1, 2024

CC: FILE, Karli Eckel, Environmental Science Manager

This memorandum is in response to your inquiry on potential impacts to federally listed wildlife resulting from the addition of 1.028 acres of land to the current repump station as a set-aside. The proposed project is located at 32480 W Boundary Rd within the Seminole Tribe of Florida’s Big Cypress Seminole Indian Reservation (BC), in Hendry County, Florida (Township 48 South, Range 33 East, Section 4).

The Endangered Species Act of 1973 (ESA) requires that all federal actions conduct Section 7 Consultation to assess potential impacts to any federally listed species and/or critical habitat as defined in 50 CFR §402.02.

The ESA states that it is unlawful for any person subject to the jurisdiction of the United States to conduct an activity that will result in the “take”1 of a federally listed species (Act § 9(a)(1)). Under Section 7(a) and Section 10(a)(1)(B) of the ESA if such taking is incidental to, and not the purpose of, the otherwise lawful activity, the U.S. Fish and Wildlife Service (“Service”) may approve the activity through consultation. The Seminole Tribe of Florida practices conservation measures for federally listed species and Section 7 Consultation with the Service has been completed under the Tribal Wildlife Conservation Plan (WCP) on December 19th, 2014 (Consultation Code: 2013-CPA-0222) which fulfills the requirements for Section 7 of the Act and no further action is required.

The proposed project, ERD-05-2024-025326 Set-Aside of Land for Repump Station, involves the addition of

1.028 acres to the current repump station as a set-aside. Based on a wetland field delineation of the site, the project will convert the land use types referenced in Table 1 (Map A) to utilities (830). Surrounding land uses include hardwood, conifer mix (oak, pine, and cabbage palm) (434), wet prairie (643), and utilities (830).

1 “Take” is defined by the ACT as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect any federally listed species. Harm may include significant habitat modification which results in the mortality or injury of a species through impairment of essential behavior (e.g., nesting or reproduction).

ERD-05-2024-025326 Set-Aside of Land for Repump Station

FL Code Description Acres

320 Shrub and brushland 0.204055

425 Temperate Hardwood (Oak and Cabbage Palm) 0.240688

434 Hardwood, Conifer Mix (Oak, Pine and Cabbage Palm) 0.58334

Total: 1.028083 Table 1: Florida Land Use Cover Classification System codes (2010) found within the project boundary.

ERD wildlife staff conducted a wildlife and Florida bonneted bat survey on 9/5/2024 and has reviewed all available T&E species databases. The findings are discussed in the following sections.

Audubon’s crested caracara (Polyborus plancus audubonii)

Audubon’s crested caracara is federally listed as a threatened species under the ESA. This species prefers to nest in cabbage palms (Sabal palmetto) that occur in improved to semi-improved pasture habitat with low density of tall or shrubby vegetation2.

Caracara surveys within BCSIR are conducted semiweekly by ERD staff. Surveys commence in November and end in May, or when all caracara juveniles have fledged from known nests. The proposed project is 0.615 miles away from the closest nest and therefore, within a secondary zone (Map B). ERD will continue to survey these areas in the 2024/2025 survey season and will report any new nests in the area if they occur.

Prudent modifications to minor construction activities in the secondary zone can, in most cases, eliminate the need for additional formal consultation. To ensure that activities associated with land use change do not disturb nesting caracaras, the following conservation measures for projects within the secondary zone are required:

• Construction work will be conducted during the non-nesting season to avoid disturbance to nesting caracaras. Suitable trees beneficial for nesting, such as cabbage palms, and other large trees for perching and roosting will be retained. Additional actions that will minimize harmful effects may include habitat enhancement, muffling of equipment, less intrusive construction methods, maintaining natural ground cover that may be used by fledglings, and other project-specific recommendations.

• Conservation measures must be planned prior to commencing the defined project activities and included in the project designs because these project modifications can avoid formal consultation and expedite the project’s completion.

• If construction must occur in the secondary zone during the nesting season, ERD will monitor the nest trees during construction activities. The monitoring will determine if project activities are disturbing the caracara. If the nesting caracaras appear disturbed by the activities, ERD will contact the Service to develop actions that minimize adverse effects and reduce the likelihood of incidental take.

• The Service requires that all personnel involved in the site preparation and construction watch an informational video on T&E species within the reservation and carry species brochures with them while on the site. Both the video and brochures are available through the ERD.

Based on this information and the guidance of the Tribe’s Wildlife Conservation Plan, the proposed project will have a may affect finding for the Audubon’s crested caracara. However, if these conservation measures are

2 Humphrey, S.R. and J.L. Morrison. 1997. Habitat associations, reproduction and foraging ecology of the Audubon’s crested caracara in south-central Florida. Final report to Florida Game and Fresh Water Fish Commission for Project No. NG91-007. Florida Game and Fresh Water Fish Commission; Tallahassee, Florida.

taken into account, ERD concludes that the proposed project will have insignificant effects on the Audubon’s crested caracara and recommends a not likely to adversely affect determination.

Eastern indigo snake (Drymarchon corais couperi)

The eastern indigo snake is federally listed as a threatened species under the ESA. Although most frequently associated with gopher tortoise (Gopherus polyphemus) burrows, the indigo snake may inhabit a variety of habitats in southern Florida, with or without gopher tortoise presence, provided the habitat is relatively undeveloped and provides adequate underground refuge3 4.

The survey of the project area identified suitable habitat for eastern indigo snake utilization. However, no burrows were identified during the site visit and the habitat would not be considered favorable for gopher tortoise utilization. Based on this information and the guidance of the Tribe’s Wildlife Conservation Plan, the ERD recommends a may affect, not likely to adversely affect finding for the eastern indigo snake provided the Services’ “Standard Protection Measures for the Eastern Indigo Snake” 5 and the Tribe’s “Standard Wildlife Education Measures” are used during project site preparation and project construction.

Florida bonneted bat (Eumops floridanus)

The Florida bonneted bat was federally listed as an endangered species under the ESA in 2013. These bats are extremely rare and only a few nursery roosts have been documented. The Florida bonneted bat has been detected foraging in semitropical forest with tropical hardwood, mangrove habitats, and pine flatwoods6.

Although no bonneted bat roosts have been documented on the reservation some of the properties fall within the consultation area (Map C). On 9/5/2024, ERD Wildlife staff conducted a Florida bonneted bat survey using the Service’s 2014 draft roost surveys protocol. During this time no bonneted bats or any other species of bats were detected. Some trees with snags were observed and should not be taken down until a presence/absence survey for a bonneted bat roost has been conducted. Wildlife staff must be notified 30 days prior to any land clearing or construction activities to resurvey for bonneted bats emergence calls. The panther habitat units (PHUs) provided for the panther mitigation will offset the potential lost foraging habitat for the bonneted bat. Based on this information, the guidance of the Tribe’s Wildlife Conservation Plan (Consultation Code: 2013-CPA-0222), ERD recommends a may affect, not likely to adversely affect determination for the Florida bonneted bat.

Everglade snail kite (Rostrhamus sociabilis plumbeus)

A subspecies of the Everglade snail kite (Rostrhamus sociabilis plumbeus) was listed as endangered pursuant to the

Endangered Species Act in 1967. Critical habitat for the Everglade snail kite was designated in 19777, and includes the water conservation areas (WCA). Snail kite habitat consists of freshwater marshes and the shallow vegetated edges of lakes (natural and manmade) where apple snails can be found. These habitats occur in humid, tropical ecoregions of peninsular Florida8 and are characterized as palustrine-emergent, long-

3 Kuntz, G.C. 1977. Endangered species: Florida Indigo. Florida Naturalist: 15-19.

4 Layne, J.N., and T.M. Steiner. 1996. Eastern indigo snake (Drymarchon corais couperi): summary of research conducted on Archbold Biological Station.

Report prepared under Order 43910-6-0134 to the U.S. Fish and Wildlife Service; Jackson, Mississippi.

5 U.S. Fish and Wildlife Service. 2004. Revised 2002. Standard Protection Measures for the Eastern Indigo Snake. Fish and Wildlife Service, South Florida Ecological Services Office; Vero Beach, Florida.

6 Robson, M. 1989. Status survey of the Florida mastiff bat. Final Performance Report, Florida Game and Fresh Water Fish Commission, Tallahassee 7 U.S. Fish and Wildlife Service. 1977. Federal Register for Determination of Critical Habitat for Six Endangered Species. Vol. 42 No. 155.

8 Bailey, R. G. 1978. Ecoregions of the United States. U.S. Forest Service., Intermountain Region; Ogden, Utah.

hydroperiod wetlands9 often on an organic peat substrate overlying oolitic limestone or sand or directly on limestone or marl10.

Although no snail kite nests have been documented on the Big Cypress reservation, some of the project areas fall within the consultation area (Map D). Based on this information and the guidance of the Tribe’s Wildlife Conservation Plan the proposed project will have a no effect finding for the Everglade snail kite.

Florida panther (Puma concolor coryi)

The Florida panther is federally listed as an endangered species under the ESA. Panthers prefer contiguous forested upland and wetland habitats for hunting and denning11.

The proposed project occurs within the Panther Primary Zone as established by Thatcher et al. (2006). The project area does not contain existing dispersal or connect corridors (Kautz et al. 2006)12 for panthers to access significant tracts of panther habitat. Therefore, fragmentation of panther habitat or panther prey habitat is not expected from the proposed project. ERD has also concluded that this project will result in a minimal net increase in traffic. Panther Habitat Units (PHUs) will be utilized to offset the habitat lost due to the addition of 1.028 acres to the current repump station as a set-aside. This project would require 16 PHUs to offset the habitat loss from the Wetland Enhancement Areas (WEA) on the Big Cypress Reservation (see Project Worksheet below). Based on this information and the Wildlife Conservation Plan, the ERD recommends a may affect, not likely to adversely affect determination for the Florida panther.

9 Cowardin, L. M., V. Carter, F. C. Golet, and E. T. LaRoe. 1979. Classification of wetlands and deepwater habitats of the United States. Biological Service Program, FWS / OBS-79/31. U.S. Fish and Wildlife Service; Washington, D.C.

10 Davis, J. H., Jr. 1946. The peat deposits of Florida. Geological Bulletin number 30, Florida Geological Service; Tallahassee, Florida.

11 Land, E.D., D.B. Shindle, R.J. Kawula, J.F. Benson, M.A. Lotz, and D.P. Onorato. 2008. Florida panther habitat selection analysis of concurrent GPS and VHF telemetry data. Journal of Wildlife Management 72(3): 633-639.

12 Kautz, R., R. Kawula, T. Hoctor, J. Comiskey, D. Jansen, D. Jennings, J. Kasbohm, F. Mazzotti, R. McBride, L. Richardson, and K. Root. 2006.

How much Is Enough? Landscape-scale Conservation for the Florida Panther. Biological Conservation 130:118-133.

Wood Stork (Mycteria americana)

The wood stork is primarily associated with freshwater and estuarine habitats that are used for nesting, roosting, and foraging. Wood stork typically construct their nests in medium to tall trees that occur in stands located either in swamps or on islands surrounded by relatively broad expanses for open water (Ogden 1991).

The western portion of BCSIR occurs within the Service’s 18.6 mile “Core Foraging Area” for an active wood stork colony (Map E). The proposed project is 14.94 miles away from the closest colony and occurs within the 18.6-mile core foraging area. Based on this information, the guidance of the Tribe’s Wildlife Conservation Plan, and the Service’s “Wood Stork Effect Determination Key” dated November 9th, 2007 (Service Consultation Code 41420-2007-I-0964), the proposed project will have a no effect finding for the wood stork.

ERD requires any personnel involved in the project watch a Best Management Practices video for wildlife and have wildlife brochures on hand during construction. The video and brochures are available from ERD upon request. Please feel free to contact me with any questions or concerns at (954) 661-1911.

Sincerely, Joseph A. Andreoli Seminole Tribe of Florida Environmental Resource Management Department

Attachments:

Map A: Land Use Classification Map B: Caracara Nest Locations Map C: Florida Bonneted Bat Map D: Snail Kite Consultation Area Map E: Wood Stork Core Foraging Area Appendix A: Wildlife Screenings

Map A: Land Use Classification

Map B: Caracara Nest Locations

Map C: Florida Bonneted Bat Consultation Area

Map D: Snail Kite Consultation Area

Map E: Wood Stork Core Foraging Area

Appendix A:

Wildlife Screenings

Caracara Screening for all Tribal Reservations Factor 1:

Does the potential project site occur within the Consultation area for the Caracara?

No Project will have NO EFFECT on the caracara. Continue page 4.

Yes Continue on to Factor 2.

Factor 2:

Does the potential project site occur within a caracara nesting zone?

No Continue to Factor 3.

Yes Continue on to Factor 5 for additional determination.

Factor 3

Has the project site area been surveyed for nests?

Yes No nest within 4,920 feet of proposed project site. NO EFFECT.

Yes Nest found within 4,920 feet of proposed project site. Go to Factor 5.

No Go to Factor 4.

Factor 4:

Step 1: Does the potential project site occur or is partially within suitable habitat for the caracara?

Land Use

1. Improved Pasture 2. Unimproved Pasture

3. Hardwood swamp 4. Cypress swamp

5. Upland Hardwood forest 6. Dry prairie

7. Orchards groves 8. Marsh/ wet prairie

9. Cropland 10. Barren disturbed land

11. Coastal wetlands 12. Exotic nuisance plants

Yes The project is likely to occur within suitable habitat. Survey site to determine if nest present.

No Continue to Step 2.

Step 2: Does the potential project site occur or is partially within habitat not suitable for the caracara?

Land Use

1. Reservoirs 2. STAs

3. Urban 4. Water

5. Hardwood Pine 6. Xeric scrub

7. Shrub swamp/brush 8. Upland hydric pine forest

Yes NO EFFECT

No Survey site to determine if nest present.

Factor 5:

What type of activity will the proposed project require?

Temp. Construction1 Go to Factor 6.

Land use Change2 Go to Factor 7.

Land Management3 Go to Factor 6.

Maintenance4 Go to Factor 6.

1 Any construction in which the land may be disturbed for a short amount of time and then restored back to its original state (i.e. installing underground utilities…) or site can reasonably be expected to restore on its own after a short period of time.

2 Any activity in which the current land use is to change permanently.

3 Activities include prescribed burning, exotic removal (chemical and mechanical) 4 Any activity in which an existing structure is maintained to original design (i.e. ditch maintenance, fire line maintenance…)

Factor 6:

What nest zone does any of the proposed project occur?

Primary MAY AFFECT.

Secondary MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Factor 7:

What nest zone does any of the proposed project occur?

Primary MAY AFFECT.

Secondary MAY AFFECT.

Determination of effects:

No Effect (NE)

It has been determined that the proposed project will not affect the northern crested caracara. No further consultation is required.

May Affect, Not Likely to Adversely Affect (NLAA)

It has been determined that the proposed project may affect the northern crested caracara, but is not likely to adversely affect the northern crested caracara. Please indicate project’s overall effect to listed species on the consultation summary sheet (Appendix A).

May Affect

It has been determined that the proposed project may affect the northern crested caracara. Consultation with the Service will be required for projects which are special circumstances not covered in the WCP.

NOTES FOR FILE

Completed By:

NAME:_________________________________________ TITLE:________________________________

DATE:________________________________________

Eastern indigo snake Screening for all Tribal Reservations

Factor 1:

Does the potential project site occur within suitable habitat for the eastern indigo snake?

Land Use

1. Pine flatwoods 2. Scrubby flatwoods

3. Dry Prairie 4. Tropical Hardwood Hamock

5. Upland Hardwood forest 6. Edges of freshwater marsh

7. Agricultural fields 8. Coastal dunes

9. Human altered habitats 10. Barren disturbed land

Yes The project is likely to occur within suitable habitat. Continue to Factor 2.

No NO EFFECT.

Factor 2:

Are gopher tortoise burrows present on the site?

Yes Continue to Factor 3.

No MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Factor 3:

Does the project impact less than 25% xeric habitat or have less than 25 gopher tortoise burrows?

Yes Continue to Factor 4.

No MAY AFFECT.

What type of activity will the proposed project require?

Temp. Construction1 Go to Factor 5.

Land use Change2 Go to Factor 6.

Land Management3 MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT (“Standard Protection Measures” required).

Maintenance4 MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT (“Standard Protection Measures” required).

Factor 5:

Will project directly affect gopher tortoise burrow?

Yes Continue to Factor 6.

No MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT (“Standard Protection Measures” required).

Factor 6:

Project will be permitted to relocate tortoises?

Yes MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

No MAY AFFECT.

1 Any construction in which the land may be disturbed for a short amount of time and then restored back to its original state (i.e. installing underground utilities…) or site can reasonably be expected to restore on its own after a short period of time.

2 Any activity in which there is a significant change to the current use and is of a permanent nature..

3 Activities include prescribed burning, exotic removal (chemical and mechanical) 4 Any activity in which an existing structure is maintained to original design (i.e. ditch maintenance, fire line

No Effect (NE)

It has been determined that the proposed project will not affect the eastern indigo snake. No further consultation is required.

May Affect, Not Likely to Adversely Affect (NLAA)

It has been determined that the proposed project may affect the eastern indigo snake, but is not likely to adversely affect the eastern indigo snake. Please indicate project’s overall effect to listed species on the consultation summary sheet (Appendix A).

May Affect

It has been determined that the proposed project may affect the eastern indigo snake.

Consultation with the Service will be required for projects which are special circumstances not covered in the WCP.

NOTES FOR FILE

Completed By:

NAME:_________________________________________ TITLE:________________________________

Everglade Snail Kite Screening for all Tribal Reservations

Factor 1:

Does the potential project site occur within the Consultation area for the snail kite?

No Project will have NO EFFECT on the snail kite. Continue page 3.

Yes Continue on to Factor 2.

Factor 2:

Does the potential project site occur within suitable habitat for the Snail kite?

Land Use

1. Streams and waterways 2. Reservoirs less than 10 acres

3. Reservoirs larger than 10 acres 4. Inland ponds and sloughs

5. Wetland shrub 6. Fresh water marsh

7. Freshwater marsh with sawgrass 8. Marsh/ wet prairie

9. Cattail marsh 10. Willow

Yes The project is likely to occur within suitable habitat. Continue to Factor 3.

No Project will have NO EFFECT on the snail kite. Continue page 3.

Factor 3:

What type of activity will the proposed project require?

Temp. Construction1 NO EFFECT.

Land use Change2 Go to Factor 4.

1 Any construction in which the land may be disturbed for a short amount of time and then restored back to its original state (i.e. installing underground utilities…) or site can reasonably be expected to restore on its own after a short period of time.

2 Any activity in which there is a significant change to the current use and is of a permanent nature.

Water and Vegetation Management5 Go to Factor 4.

Land Management3 NO EFFECT.

Maintenance4 NO EFFECT.

Factor 4:

Number of acres affected?

1 acre to 10 acres MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Over 10 acres MAY AFFECT.

3 Activities include prescribed burning, exotic removal (chemical and mechanical) 4 Any activity in which an existing structure is maintained to original design (i.e. ditch maintenance, fire line maintenance…) 5 Includes activities that threaten food sources – i.e. alterations of existing water levels, removal of aquatic and littoral vegetation, etc.

No Effect (NE)

It has been determined that the proposed project will not affect the everglade snail kite.

No further consultation is required.

May Affect, Not Likely to Adversely Affect (NLAA)

It has been determined that the proposed project may affect the everglade snail kite, but is not likely to adversely affect the everglade snail kite. Please indicate project’s overall effect to listed species on the consultation summary sheet (Appendix A).

May Affect

It has been determined that the proposed project may affect the everglade snail kite.

Consultation with the Service will be required for projects which are special circumstances not covered in the WCP.

NOTES FOR FILE

Completed By:

NAME:_________________________________________ TITLE:________________________________

Panther Screening for all Tribal Reservations Factor 1:

Does the potential project site occur within a Panther Focus Area?

No Project will have NO EFFECT on the Florida panther. Continue to determination of effect (page 3).

Yes Continue on to Factor 2 for additional Florida panther habitat determination factors.

Factor 2:

Will the project permanently change land use?

No Continue on to Factor 4 for additional project information.

Yes Continue on to Factor 3 for additional Florida panther habitat determination factors.

Factor 3: Does the potential project site include the following habitat types used by the Florida panther?

Florida Panther Preferred Habitats by land Use type

1. Hardwood Pine 2. Upland hydric pine forest

3. Hardwood swamp 4. Cypress swamp

5. Upland Hardwood forest 6. Dry prairie

7. Improved pasture 8. Shrub swamp/brush

9. Unimproved pasture 10. Xeric scrub

11. Orchards groves 12. Marsh/ wet prairie

13. Cropland 14. Barren disturbed land

15. Coastal wetlands 16. Exotic nuisance plants

Yes The project is likely to occur within panther habitat. Continue to Factor 4.

No MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT

Factor 4: Is the project surrounded by developed land?

Yes MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

No Continue to Factor 5.

Factor 5:

Acres of impact…

<2 acres MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT

>2 acres Continue on to Factor 6 for additional project information.

Factor 6:

Check type of project

Construction Continue to Factor 7.

Land management1 MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Temp. Construction2 MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Maintenance3 MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Factor 7:

Is the project likely to increase or change vehicle patterns or volume of 10% or more within the surrounding mile?

No MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Yes MAY AFFECT.

1 Activities include prescribed burning, exotic removal (chemical and mechanical) 2 Any construction in which the land may be disturbed for a short amount of time and then restored back to its original state (i.e. installing underground utilities…) or site can reasonably be expected to restore on its own after a short period of time 3 Any activity in which an existing structure is maintained to original design (i.e. ditch maintenance, fire line

No Effect (NE)

It has been determined that the proposed project will not affect the Florida panther. No further consultation is required.

May Affect, Not Likely to Adversely Affect (NLAA)

It has been determined that the proposed project may affect the Florida panther, but are not likely to adversely affect the panther. Please indicate project’s overall effect to listed species on the consultation summary sheet (Appendix A).

May Affect (MA)

It has been determined that the proposed project may affect the Florida panther and is likely to adversely affect the panther. Consultation with the Service will be required for projects which are special circumstances not covered in the WCP.

NOTES FOR FILE

Completed By:

NAME:_________________________________________ TITLE:________________________________

Bonneted Bat Screening for all Tribal Reservations

Factor 1:

Does this project occur within the consultation area?

Yes Go to Factor 2.

No NO EFFECT.

Factor 2:

Has the project site area been surveyed for bats?

Yes No bonneted bats present on site. NO EFFECT.

Yes Bonneted bat observed on site. Go to Factor 4.

No Go to Factor 3.

Factor 3:

Step 1: Does the potential project site occur or is partially within suitable habitat for the bonneted bat?

Land Use

1. Pine Flatwoods 2. Developed Areas

3. Hardwood Forest 4. Cabbage Palms

Yes The project is likely to occur within suitable habitat. Use conservation measures. MAY AFFECT, NOT LIKELY TO

ADVERSELY AFFECT.

No Continue to Factor 3.

What type of activity will the proposed project require?

Temp. Construction1 MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Land use Change2 MAY AFFECT.

Land Management3 MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Maintenance4 NO EFFECT.

Determination of effects:

No Effect (NE)

It has been determined that the proposed project will not affect the bonneted bat. No further consultation is required.

May Affect, Not Likely to Adversely Affect (NLAA)

It has been determined that the proposed project may affect the bonneted bat, but is not likely to adversely affect the bonneted. Please indicate project’s overall effect to listed species on the consultation summary sheet (Appendix A).

May Affect

It has been determined that the proposed project may affect the bonneted bat.

Consultation with the Service will be required for projects which are special circumstances not covered in the WCP.

1 Any construction in which the land may be disturbed for a short amount of time and then restored back to its original state (i.e. installing underground utilities…) or site can reasonably be expected to restore on its own after a short period of time.

2 Any activity in which the current land use is to change permanently.

3 Activities include prescribed burning, exotic removal (chemical and mechanical) 4 Any activity in which an existing structure is maintained to original design (i.e. ditch maintenance, fire line

NOTES FOR FILE

Completed By:

NAME:___________________________ TITLE:______________________________

DATE:_______________________________________

Wood Stork Screening for all Tribal Reservations Factor 1:

Does the potential project site occur within the 18.6 mile Core Foraging Area (CFA) of an active wood stork colony?

No Project will have NO EFFECT on the wood stork. Continue to determination of effects (page 4).

Yes Continue on to Factor 2.

Factor 2:

Does the potential project site occur within 0.47 miles of an active wood stork colony?

No Continue on to Factor 3.

Yes MAY AFFECT.

Factor 3:

Does the potential project site occur within suitable foraging habitat (SFH) for the wood stork?

Suitable Habitat by Land Use Type

1. Reservoirs 2. STAs

3. Hardwood swamp 4. Cypress swamp

5. Water 6. Coastal Wetlands

7. Marsh/wet prairie 8. Shrub swamp/brush

9. Ditches

Yes The project is likely to occur within suitable habitat. Continue on to Factor 4.

No NO EFFECT. Continue to determination of effects (page 4).

Factor 4: How many acres does the project impact?

Less than ½ an acre MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT1.

More than ½ an acre Continue on to Factor 5

Factor 5:

What type of activity will the proposed project require?

Permanent Construction w/Wetland Fill2 Continue on to Factor 6

Land Management3 Continue on to Factor 7

Temp. Construction4 Continue on to Factor 6

Maintenance5 Continue on to Factor 9

Factor 6:

How many acres of wetland fill is required for the permanent construction project?

Less than 5 acres MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT6

More than 5 acres MAY AFFECT.

Factor 7:

What type of land management activity will the proposed project require?

Grassland burn MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Native area burn MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Creation of burn line MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

1 SFH impacts to wetlands generally will not have a measureable effect on the wood stork. However, mitigation credits will be required for these losses when appropriate.

2 Activities include home site construction, commercial and governmental construction, as well as roads.

3 Activities include prescribed burning, exotic removal (chemical and mechanical) 4 Any construction in which the land may be disturbed for a short amount of time and then restore back to its

5 Any activity in which an existing structure is main 6 Mitigation must compensate for foraging values which match the hydroperiod of the affect wetlands and provide foraging which is similar to or higher than the impacted wetland.

Exotic plant treatment MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Other Will be reviewed under special conditions

Factor 8:

What type of temporary construction will the proposed project require?

Installation of underground lines MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Temp. Cofferdams MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Short term dewatering MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Factor 9:

What type of maintenance will the proposed project require?

Ditch maintenance MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Burn line maintenance MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Mowing MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

Fence/cattle operations MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT.

No Effect (NE)

It has been determined that the proposed project will not affect the wood stork. No further consultation is required.

May Affect, Not Likely to Adversely Affect (NLAA)

It has been determined that the proposed project may affect the wood stork, but is not likely to adversely affect the wood stork species on the consultation summary sheet (Appendix A).

May Affect

It has been determined that the proposed project may affect the wood stork.

Consultation with the Service will be required for projects which are special circumstances not covered in the WCP.

NOTES FOR FILE

Completed By:

NAME:_________________________________________ TITLE:________________________________

SEMINOLE TRIBE OF FLORIDA

EXECUTIVE OPERATIONS OFFICE

TINA OSCEOLA, Acting Executive Director of Operations

T: 863-983-6549 Ext. 12262 tinaosceola@semtribe.com

Environmental Resource Management

Department WHITNEY SAPIENZA, Director

6363 Taft Street, Suite 309 Hollywood, FL 33024

T: (954) 965-4380 Ext. 10627 F: (954) 962-8727 whitneysapienza@semtribe.com

MARCELLUS W. OSCEOLA, JR., Chairman

HOLLY TIGER, Vice Chairwoman

LARRY HOWARD, Brighton Councilman

CHRISTOPHER OSCEOLA, Hollywood Councilman

MARIANN BILLIE, Big Cypress Councilwoman

LAVONNE ROSE, Secretary

PETER A. HAHN, Treasurer

MEMORANDUM

Date: June 7, 2023

To: Karli Eckel, Environmental Science Manager

From: Sergio Gonzalez, Wetland Scientist

Subject: ERMD-05-2024-025326 – Set-aside of land for Repump Station – Big Cypress Reservation

The above referenced site/project has been reviewed in accordance with Tribal development policies, procedures, ordinances and regulations as they apply to the Environmental Resource Management Department. Should you have any questions or concerns, please contact me at (954) 965-4380 x11133.

□Wetland Impacts No Wetland Impacts

COMMENTS:

The proposed project boundary for ERD-05-2024-025326 – Set-aside of land for Repump Station is located within the Big Cypress Seminole Indian Reservation at 36910 String Fern Lane. 3.1 acres. The proposed project is for an expansion of the existing repump station facility. According to the Florida Land Use and Cover Classification System (FLUCCS), the project boundary encompasses areas classified as Temperate hardwood (425), Wet prairie (643), and Utilities (830). However, consultation of other desktop resources and a site visit confirmed that areas identified as Wet prairie (643) in the FLUCCS are actually non-hydric shrub and brushland (320) and temperate hardwood (425). There is a drainage ditch northeast of the project boundary.

Environmental Resource Management Department staff (ERMD) have completed wetland analysis with a determination that…