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DATE: August 31, 1999 SUBJECT: Request from Weston Real Estate Investment Corporation for permission to relocate gopher tortoises from the Bermuda Club development site to the Wabasso Scrub Conservation Area It is requested that the data herein be given formal consideration by the Board of County Commissioners at its regular meeting of September 7, 1999. On April 6, 1999, the Board of County Commissioners approved a Conceptual Planned Development (PD) and Special Exception Use for the Bermuda Club project, located between the Indian River Lagoon and S.R. AIA, north of Sea Oaks development. An environmental survey that was required for permitting of the Bermuda Club project revealed the presence of approximately two dozen gopher tortoises residing on the property. Gopher tortoises are listed as "species of special concern" by the Florida Fish and Wildlife Conservation Commission (FWC). The FWC requires a developer of occupied gopher tortoise habitat to relocate tortoises to an approved relocation site or, as an alternative, to pay into an FWC conservation fund earmarked for acquisition and protection of gopher tortoise habitat. Environmental Services, Inc., environmental consultant for the developers of Bermuda Club (Weston Real Estate Investment Corporation), is requesting permission from the County to use the Wabasso Scrub Conservation Area as a recipient site of tortoises relocated from the Bermuda Club property. As such, this matter is being presented for Board consideration to allow the relocation. The Wabasso Scrub Conservation Area was acquired in 1995 under the county environmental lands program with a 50% cost -share grant from the Florida Communities Trust (FCT). The approved management plan for the property provides that the primary objective of the purchase was resource conservation, with a secondary objective of compatible passive recreational access. The County has received scrub jay mitigation credit for a portion of the Wabasso Scrub property relating to expansion of C.R. 512 in Sebastian. The Wabasso Scrub property is also a key mitigation component of the Sebastian Area -Wide Scrub -Jay Habitat Conservation Plan that is near completion. Scientific research suggests that the carrying capacity of gopher tortoises for habitat purposes is roughly two tortoises per acre. Environmental Services, Inc. is requesting permission to relocate up to 24 gopher tortoises to the southeast —28 acres of the Wabasso Scrub property, provided a survey of the Wabasso Scrub property finds that there is sufficient habitat to accommodate the relocation without adversely affecting the existing gopher tortoise population. Staff's initial reaction to the request was that the County should not give away mitigation value of public land to private developers without gaining some public benefit in return. However, the County does not currently have a gopher tortoise survey of the Wabasso Scrub property. The County is obligated under an FCT Grant Award Agreement to survey fauna on the property, including gopher tortoises. By granting permission for the Wabasso Scrub to be the recipient site, the County will gain free survey information that would otherwise have to be obtained via payment to a private contractor. In that respect, the County is getting something in return for allowing the relocation. The number of gopher tortoises allowed to be relocated to the Wabasso Scrub property will depend on the survey results, whereby the FWC will allow a population of no more than two tortoises per acre. Another consideration is that, under FWC requirements, a developer may opt to pay a fee -in -lieu of tortoise relocation, which could result in the direct loss of tortoises on the development site. Therefore, by allowing the relocation to take place, the County is furthering its objectives to contribute to the preservation of rare species, in the public interest. SEPTEMBER 7. 1999 84