Sol_140P5426Q0005-_Attachment_C_-_EVER_Compliance_Division_Requirements.pdf

Attachment C: Everglades National Park Everglades Compliance Division

Requirements

Listed Species Conservation Measures

• All work will stop until the animal has left the area of its own volition.

• All encounters will be reported to the EVER Biological Resources Branch delegate.

• Living, injured, or dead animals will not be handled or removed from the jobsite by work crews.

• Any injured or dead animals will be reported to EVER Biological Resources Branch delegate.

• A biological monitor will be required at all culverts where suitable Cape Sable seaside sparrow habitat exists.

• Culvert cleaning operations within suitable sparrow habitat will be restricted to the non-breeding season (September through January) to reduce potential harm of adults and fledglings and eliminate impacts to nests with chicks.

• All work will stop if a Cape Sable seaside sparrow is suspected of being within 20 meters of a culvert. Once the bird leaves, work may commence

• A biological monitor will be required at all culverts where suitable Eastern black rail habitat exists.

• Culvert cleaning operations within suitable rail habitat will be restricted to the non-breeding season (September through April) to reduce potential harm of adults and fledglings and eliminate impacts to nests with chicks.

• All work will stop if an Eastern black rail is suspected of being within 20 meters of a culvert.

Once the bird leaves, work may commence

• If a wood stork is observed foraging within a culvert or within 20 meters, all work will stop until the animal(s) vacate the area.

• There will be no human intrusion into feeding sites when storks are present.

• If any new nesting areas are discovered, EVER Biological Resources Branch Chief or delegate will be contacted and project activities in the area will be delayed until after the breeding season has ended.

• If vegetation cleaning around culverts requires the felling of large trees or snags greater than 33- feet (10-meters) in height, greater than 8-inches (20-centimeters) in DBH, or with cavity elevations higher than 16 feet (5-meters) above ground level, EVER Biological Resources Branch delegate will be contacted to coordinate inspection.

• Identified potential roosting sites (i.e., cavities or loose bark) will be examined with a peeper camera prior to trimming or felling. Identified roost trees will be left in place and not removed.

• In all cases where active Florida bonneted bat roosts are found, the Service will be contacted for further guidance.

• If a panther is observed within the vicinity of any culvert, work will cease until the animal vacates the area of its own volition.

• All Florida panther sightings will be reported to the EVER Biological Resources Branch Chief or delegate. Photographs will be taken, if possible, for identification and documentation purposes.

• Any injured or dead Florida panther encountered will not be handled or removed from the jobsite by work crews. Photographs will be taken for identification and documentation purposes.

• Upon locating a dead, injured, or sick Florida panther, notification will be made to the Florida Fish and Wildlife Conservation, the Florida Panther Recovery Lead, and the Florida Panther Management Program Coordinator.

• If vegetation cleaning around culverts requires the felling of large trees or snags greater than 33-feet (10-meters) in height, greater than 8-inches (20-centimeters) in DBH, or with cavity elevations higher than 16 feet (5-meters) above ground level, EVER Biological Resources Branch delegate will be contacted to coordinate inspection.

• Identified potential roosting sites (i.e., cavities or loose bark) will be examined with a peeper camera prior to trimming or felling. Identified roost trees will be left in place and not removed.

• In all cases where active tricolored bat roosts are found, the Service will be contacted for further guidance

• A biological monitor will be required on-site during the entirety of the project to reduce or eliminate potential impacts to crocodiles.

• Culvert cleaning operations will be restricted to the non-breeding season (March through August) to eliminate impacts to nests and hatchlings.

• No work will be conducted on a culvert with an American crocodile located inside or within 10 meters (30 feet). All work will stop if an American crocodile approaches a culvert.

• Contractors may move on to another culvert to allow sufficient time for the individual to vacate the area. Once the crocodile leaves, work may commence.

• Encounters with American crocodiles will be reported to the EVER Biological Resources Branch Chief or delegate

• Contractors will implement USFWS (2021b) Standard Protection Measures for the Eastern indigo snake.

• A biological resource monitor will be required at all culverts to watch for Eastern indigo snakes or any other similar looking snake that might be encountered.

• All work will stop if an eastern indigo snake is observed near a culvert. Once the snake leaves, work may commence.

• Handling of living, injured, or dead eastern indigo snakes is prohibited.

• All encounters of an eastern indigo snake, living or dead, will be reported to the EVER

Biological Resources Branch Chief or delegate.

• Jobsite supervisor and work crews shall inspect all equipment prior to mobilization and demobilization to ensure no eastern indigo snakes are hiding or trapped in the equipment

Vegetation Removal and Tree Trimming Conservation Measures:

• All vehicles, tools, and equipment brought to the site shall be cleaned of any foreign material including propagating plants parts, seeds, or animals to prevent invasive species from entering

EVER.

• All project personnel are to observe all posted speed limit signs within construction sites to reduce the possibility of vehicular death of panther and other wildlife.

• All equipment staging, chipping, and hauling will occur in developed, non-wetland areas.

• Vegetation clearance shall be kept to the minimum necessary to complete required work activities and will be limited to the ground / bathymetric surface elevation. The existing mudline elevation will not be disturbed.

• Cleaning will not exceed the 15-foot semicircle authorized under the Vegetation Maintenance BO.

• Vegetation clearing in wetland areas around culverts will be carried out in a manner that will not result in rutting of wetland soils. This can be accomplished by personnel on foot through use of lightweight equipment such as string trimmers.

• Stump grinding is not permitted.

• Small quantities of trimmed material may be scattered and left in place to decompose. Larger material will be cut into manageable size and removed from the site for disposal in an appropriate location outside of EVER.

• Casting of trimmed vegetation into wetland areas is not permitted.

• Contractors are prohibited from removing mangrove or trimming the prop roots of red mangroves without first consulting EVER Biological Resources Branch Chief or delegate.

• No removal of any kind of trees greater than 3 inches dbh is permitted within EVER without prior authorization from EVER Biological Resources Branch Chief or delegate. Any tree work involving

Clean and Inspect Flamingo District Culverts - Biological Assessment Everglades National Park extensive limb trimming or felling would require a compliance assessment by EVER Biological

Resources staff to address impacts to protected species.

• If tree removal is necessary to facilitate project activities, the Biological Monitor will coordinate with EVER Biological Resources Botanist to determine if the species is of conservation concern and inform the project leader of any measures that should be carried out to mitigate impacts.

• If bats are found roosting within any tree cavity, trimming and felling will be postponed until the animals have vacated the area.

• If an active bird nest cavity is found, trimming and felling will be postponed until after the chicks have fledged or breeding season has ended.

Interior Culvert Cleaning and Inspection Conservation Measures:

• The use of a hydrovac excavator will prevent discharge into adjacent wetlands.

• The use of a rear-facing rotary style nozzle will eliminate risk of injury from a traditional auger.

• No ground disturbance will be permitted.

• All sediment, vegetation, and debris removed from culverts will be stored in a covered dumpster which may be stored overnight at designated staging areas.

• Staging locations for this project will consist of pre-existing and previously disturbed parking areas.

• All spoil material will be legally disposed of off-site.

• A Biological Monitor will be onsite at all phases of this project to survey for and prevent impacts to listed species as described below:

Biological Monitoring

Prior to initiating project activities, the contractor must brief all on-site employees on the presence of T&E species and the National Park Service’s (NPS) legal obligation to avoid, minimize, and mitigate impacts. If federally listed species are observed within a work area, operations will stop until animals leave the area on their own. Prior to the start of each workday, the immediate action area shall be examined by a qualified contractor-provided Biological Monitor for the presence of sensitive species to be avoided. The purpose of the Biological Monitor is to identify risks and reduce or eliminate impacts to wildlife from project activities. The Biological Monitor will also document evidence of wildlife and provide GIS data for locations of observed listed species. The EVER COR will submit the resume and qualifications for the Biological Monitor to the EVER Biological Resources Division Branch Chief or delegate for approval. The Biological Monitor is responsible for surveying the immediate work site for presence of sensitive species that should be avoided or which may require additional coordination with the EVER Biological Resources Branch Chief or delegate, including but not limited to federally listed plant and animal species, red mangroves (Rhizophora mangle), tree cavities or suitable roosts for bats, bird nests, and other sensitive resource concerns. T&E species that could be encountered in the action area include but are not limited to wood storks, Eastern indigo snakes, Florida bonneted bats, Florida panthers, and American crocodiles. If any wildlife is encountered within the project site or in the immediate vicinity during the performance of this scope of work, the Biological Monitor will employ discretion to safely encourage non-listed species to vacate the culvert pipes when it is apparent the individual will not vacate of its own volition. If any federally listed animal species are present, the monitor will convey this information to contractors and work will cease until the monitor has determined that the individual has left of its own volition or has coordinated with EVER Biological Resources Branch Chief or delegate for guidance. The contractor may Clean and Inspect Flamingo District Culverts - Biological Assessment Everglades National Park 8 move on to a different culvert to perform work while EVER assesses and responds to the contractor’s T&E species evaluation request. If work stops or culvert is left unattended for any period, the Biological Monitor shall re-survey the location prior to reinitiating on-site work. The Biological Monitor will document observations of sensitive species within the action area. If any wildlife is disturbed or encouraged to leave a culvert in the performance of this contract, the Biological Monitor shall document each encounter via a log sheet and report to EVER Biological Resources staff. Periodic follow-up inspections will be made by EVER Biological Resources staff to ensure that conservation measures are being carried out and that these efforts are successful in minimizing impacts to sensitive species. Additionally, EVER Biological Resources staff will coordinate with the Biological Monitor during weekly meetings with contractors and the NPS COR to discuss project schedule, wildlife concerns, or any problems that may be developing on the site.