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RESOLUTION 2010- 037 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 a 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. 36. In order to provide mitigation for impacts to the Florida Scrub -Jay on the project site, the developer shall coordinate with the USFWS and the Florida Park Service to develop an off-site mitigation plan. The developer shall pursue all options for scrub jay mitigation within Indian River County. Prior to the approval of a plan that provides mitigation for the Florida Scrub -Jay on lands outside of Indian River County, the developer shall provide documentation to Indian River County demonstrating why mitigation could not be provided in the County. The habitat mitigation plan shall be approved by Indian River County, the USFWS, and the Florida Park Service 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, and incorporated in the Preserve Area Management plan. 37. To further offset impacts to the Florida Scrub -Jay, the developer shall manage the scrub communities, including the sand pine, and sand live oak, and any scrubby pine flatwoods in the upland preserve areas in a way that is suitable for the Florida Scrub -Jay. The developer shall comply with all USFWS, and FFWCC recommendations regarding the management of habitat for this State and federally threatened species. The plan shall be approved by Indian River County, the USFWS, and FFWCC prior to the initiation of site clearing on the project site and issuance of a land clearing permits) by Indian River County for the project. Details of the scrub habitat management procedures shall be provided in the Preserve Area Management Plan. 38. In order to protect gopher tortoise population on the project site, the developer shall develop a detailed management plan that provides for the protection and relocation of gopher tortoises into the conservation area identified on the Master Development Plan. The developer shall comply with the FFWCC gopher tortoise protection guidelines. The plan shall be approved by Indian River County and the FFWCC 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 gopher tortoise protection measures shall be provided in the Preserve Area Management Plan. 39. In order to protect Florida Sandhill Crane on the project site, the developer shall maintain foraging habitat around wetlands preserved and created on the project site. The developer shall comply with all FFWCC recommendations regarding the creation of the foraging habitat for this State listed threatened species. The Preserve Management Area plan shall be approved by F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC 11