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7/5/1994
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7/5/1994
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7/23/2015 12:04:25 PM
Creation date
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
07/05/1994
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Bm D2 o <br />J U L 51994 <br />In the Endangered Species Act, "taking" is collectively defined as <br />"harassing, harming, pursuing, hunting, shooting, wounding, <br />killing, trapping, capturing, or collecting" any 'endangered (or <br />threatened) species. The FWS interprets "taking" as including the <br />destruction of critical habitat of federally threatened or <br />endangered species. Taking is a violation of the Act, unless an <br />"incidental take" is authorized by the FWS under a Habitat <br />Conservation Plan (HCP). <br />The Endangered Species Act does not set forth criteria relating to <br />HCP mitigation requirements. Rather, acceptable mitigation for any <br />particular site is determined by FWS staff based on site specific <br />habitat characteristics and, therefore, is variable. <br />Regarding scrub habitat in the area of the South County Park, FWS <br />staff has expressed the need to preserve and manage the remaining <br />area scrub to prevent a further "taking" of scrub jays through <br />habitat destruction. As an alternative to preserving remaining <br />scrub on the park and/or Water Plant property, FWS staff has <br />indicated that protection and management of other scrub in the area <br />(i.e., Ansin property northwest of the park) could be considered. <br />Therefore, if the Ansin property is publicly acquired in the future <br />under a county -wide HCP, the County could petition the FWS to <br />release county park and water plant property from Endangered <br />Species Act purview. <br />Summary <br />Based on the explanation provided herein, the proposed conservation <br />areas would: <br />* allow for two future R.O. Plant storage tanks, <br />transmission lines and a well (as needed), and <br />would serve to satisfy county native upland <br />set-aside and buffer requirements; <br />* have no effect on future library site <br />development at the southeast corner of the <br />park property; _ <br />* allow for middle school access to park <br />facilities via walking paths; <br />* release an existing +8 acre conservation area <br />on the southwest portion of the park property <br />for potential recreational development, <br />although a 1.73 acre wetland at the north end <br />of this area would need to be preserved, or <br />filled and mitigated with agency permits; and <br />* satisfy FWS mitigation requirements under the <br />Endangered Species Act, but would not prevent <br />the County from petitioning the FWS in the <br />future to accept alternate mitigation as part <br />of a county -wide HCP. <br />RECOMMENDATION <br />Staff recommends that the Board of County Commissioners authorize <br />reconfiguration of the conservation area at the South County Park <br />to protect +9 acres of undeveloped scrub habitat on the north <br />portion of the site, providing maintenance allowance of an *existing <br />FPL power easement. <br />NR <br />
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