Update: May, 2011
Voting on the Interlocal Agreement with Lee County was moved from May 2, 2011 to the May 16, 2011 meeting.
Council approved the Interlocal Agreement with Lee County at its regular Council meeting on May 16, 2011.
Staff has been tasked with identifying a funding source for the mitigation fee.
Update: April, 2011
We anticipate that Council will vote on the Interlocal Agreement with Lee County at its regular Council meeting, at 4:30 p.m., on May 2, 2011.
Update: March, 2011
The Cape Coral City Council will be considering the approval of a key component of Cape Coral’s Habitat Conservation Plan—the proposal for mitigation, at the City Council Workshop, at 4:30 p.m., on March 21, 2011. There will be a brief presentation on the staff-recommended mitigation (an Interlocal Agreement with Lee County) and the alternatives at the City Council Workshop.
Update: February, 2011
Draft HCP approved by City staff and routed to Steering Committee members. Draft Interlocal agreement with Lee County has been reviewed by the County and City Attorney’s, and approved by the Conservation 20/20 Land Acquisition and Stewardship Advisory Committee (CLASAC) and the Management Sub-Committee (MSC).
Update: December, 2010
Coordination via phone and email correspondence between Quest, USFWS, Lee County 20/20, and the City have been ongoing. Most of this has been associated with finalizing the proposed mitigation plan for the take of scrub-jay habitat at Festival Park, and preparation of the HCP that will cover this take. Quest provided sample financial assurances text to the City, and obtained the Stewardship Plan for Alva Scrub Preserve from Lee County, for use in developing the HCP text and management plan. Quest has corresponded with Connie Cassler with USFWS regarding the format of the HCP, and using the Charlotte County CIP HCP as a similar project and format to follow for the Cape Coral document.
Update: July, 2010
Quest is in the process of developing the Draft HCP document. Quest will send a preliminary draft to Connie Cassler, with a copy to the City, for input prior to submission of a formal draft to FWS. Staff will distribute draft documents to Steering Committee members, as appropriate. The City will be responsible for the Financial Assurances portions of the document, as well as the Agreement with Lee County.
Connie Cassler and Trish Adams, with FWS, have approved the City’s request for the HCP to be a city-wide HCP, with no change to the proposed mitigation, as long as all scrub-jay surveys conducted are documented. Connie had previously agreed that the detailed surveys conducted by Dex-Bender in 2009 would be sufficient for documentation in the HCP of the scrub-jays at Festival Park. Although no other formal scrub-jay surveys were conducted in the City, Quest did conduct preliminary presence/absence surveys of all potential scrub-jay habitats in 2009. This included the Zemel tract and areas where unconfirmed sightings of scrub-jays had been reported.
A potential Burrowing Owl Habitat Preservation Plan (HPP) was in the process of being developed last summer as preparation for covering this species under the HCP. Although the City decided not to cover the burrowing owl in the HCP, the data collected for the HPP may still be useful to the City in the future, and Quest offered to prepare an HPP and Management Plan using data collected to date.
Update: March, 2010
The Proposed Scrub-Jay Mitigation Plan for mitigating the take of 75 acres of Florida scrub-jay habitat at Festival Park has been conceptually approved by the FWS. The plan involves the restoration and long-term management of 125 acres on Lee County 20/20’s Alva Scrub Preserve parcels 325 and 357. The City is currently in the process of negotiating an agreement with Lee County that will need to be approved by both parties and, per FWS, included in the HCP document. Estimated restoration and long-term management costs were coordinated with Lee County, and although not finalized, appear to be good estimates. The details of the mitigation plan are in the process of being drafted by Quest for inclusion within the draft HCP. The City is in the process of finalizing the restoration and long-term management costs with Lee County 20/20, and will provide Quest with the required documentation.
One of the City Council members inquired as to the feasibility of converting Festival Park into a nature preserve that might support the resident scrub-jays, through habitat restoration efforts. This was discussed with Connie Cassler (FWS), and determined not to be a viable alternative due to the lack of this area’s ability to maintain a viable population of scrub-jays in the long-term.
Update: December 10, 2009
A Steering Committee meeting occurred, in the field, on December 10, 2009. This meeting was to provide a tour to FWS staff of the proposed Lee County 20/20 scrub-jay mitigation sites and discuss the restoration plan options.
Update: July 6, 2009
As of Friday, June 26, burrowing owl surveys have been completed for the City. A total of 551 new owl burrows were found during the survey. Cape Coral has more than 2,500 owl burrows.
Update: June 12, 2009
Quest Ecology, with assistance from City employees and volunteers, has completed burrowing owls surveys for the areas within the City targeted for the Habitat Conservation Plan (HCP). Due to time, budget, and personnel constraints, they focused on "priority areas" within the City. These areas provide the highest likelihood to support burrowing owls and available habitat in sufficient quantity to be viable for inclusion in the Reserve Design.
City employees, with ongoing help from our volunteers, will continue surveying the remaining areas in the City. Although not vital to the HCP effort, potentially useful data will be generated from these areas.
Update: June 2, 2009
Based on surveys conducted, no scrub-jays occur on the Zemel Tract. As a viable population of scrub-jays cannot be sustained within the City, Quest Ecology will focus on developing an ITP/HCP for the scrub-jays on City property, and include the burrowing owl under this HCP. This approach has been discussed with USFWS and FWC and they are in agreement.
Update: May 29, 2009
As of Friday, May 29, burrowing owl surveys had been completed for more than 47% of the City.
Update: March – May, 2009
Finished scrub-jay surveys on the Zemel Tract and City parcels, surveys for beautiful pawpaw, and field reviews with USFWS staff. Several preliminary surveys were also performed to assess viability of existing data, review habitat types, and conditions throughout the City.
Update: March 19, 2009
Final Discussion on Species to include in HCP:
In addition to the Florida burrowing owl and the Florida scrub-jay, five other species were discussed during preliminary project meetings as possibilities to include in the HCP: gopher tortoise, eastern indigo snake, beautiful pawpaw, bald eagle, and Sherman’s fox squirrel. It was agreed that these species should not be included based on the following:
Gopher tortoise: Current FWC rules prohibit the “take” of a gopher tortoise, and relocations of all potentially affected animals are required. Per FWC rules, no appropriate parcels exist in the City that provide adequate habitat for relocated tortoises. The current FWC rules provide for adequate protection for this species.
Eastern indigo snake: Limited data exist on the eastern indigo snake’s presence in the City, with only one or two sightings on private property. If best management practices for the snake are followed (as prescribed by the USFWS), neither take nor jeopardy is anticipated.
Beautiful pawpaw: Surveys by Quest for beautiful pawpaw within the City determined there is sufficient habitat for a viable population to persist on land that is already preserved (Charlotte Harbor Preserve State Park).
Bald eagle: The bald eagle was recently delisted under the Endangered Species Act. It is still protected under the Bald and Golden Eagle Protection Act (BGEPA); however BGEPA does not currently include a provision for take.
Sherman’s fox squirrel: Limited data exist on the squirrel’s presence in the City with only one or two sightings on private property in the north part of the City. There appears to be adequate public land available to squirrels, such that development of habitat on private lands will not significantly impact local populations.