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RESOLUTION 2004- 137 bodies. The continued viability and maintenance of the preserve area shall be assured through a Conservation Easement with Indian River County and the St. Johns River Water Management District as part of the Development Plan. Said easement shall be properly executed and recorded prior to issuance of a certificate of occupancy for any portion of the project. 32. Temporary fencing of all preserve areas shall be installed by the developer and inspected- and approved by Indian River County prior to commencement of site clearing adjacent to the preserve area. The fencing shall be of a type that clearly identifies and designates the boundaries of the preserve areas and minimizes the potential disturbance of these features during land clearing and construction. The temporary fencing shall be established at least 30 feet outside the actual boundary of the preserve areas. Temporary fencing shall stay in place until it is necessary to remove it for finish grading, required buffers, or required permanent fencing. These provisions shall be addressed in any land clearing permit(s) issued by Indian River County for the project. 33. The developer shall incorporate provisions into the road design to enable wildlife, including amphibians, reptiles, and small mammals, to safely cross between the wetland and upland preserve areas. Wildlife underpasses are necessary to connect the upland preserves north and south of the proposed 53rd Street Extension. The design of the wildlife crossings shall be approved by the , FFWCC prior to the construction of these roads and issuance of a land development permit or right-of-way permit for 53rd Street construction. 34. The developer shall prepare a Preserve Area Management Plan for the conservation areas, upland buffers, and retained wetlands identified on the Waterway Village Master Development Plan. The plan shall: 1) identify management procedures and provide a schedule for their implementation; 2) include procedures for maintaining suitable habitat for state and federally listed species; 3) include methods to remove nuisance and exotic vegetation and any other species that are determined to threaten the natural communities; and 4) include plans to permanently mark the conservation areas and allow only limited access for passive recreation, education, or scientific study. The management plan shall be approved by Indian River County, USFWS, and FFWCC, and St. Johns River Water Management District prior to the initiation of site clearing activities and issuance of a land clearing permit(s) by Indian River County for the project. Listed Species 35. In order to protect the nesting pair of Bald Eagles on the project site, the developer shall preserve and manage the area identified as Eagle Preserve/Habitat Enhancement on the Master Development Plan and PD plan. The developer shall comply with all management procedures and development restrictions detailed in the U.S. Fish and Wildlife Service Habitat Management Guidelines for the Bald Eagle in the Southeastern Region, provided in the appendix of Council's Assessment Report for the Waterway Village. The plan shall be approved by the USFWS prior to the initiation of site clearing on the project site and issuance of a land clearing permit(s) by Indian River County for the project. Details of the Bald Eagle protection measures shall be provided in the Preserve Area Management Plan. FACommunity Development\Users\CurDev\RESOLUTION\2004 Resolutions\Waterway Village Resoluation 2004-.rtf 9