7/5/1994 - Laserfiche WebLink

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