Bio-Tech Consulting Inc. [email protected] Environmental and Permitting Services www.bio-techconsulting.com

January 10, 2020

Erin M. Gawera US Fish and Wildlife Service 7915 Baymeadows Wy, Suite 200 Jacksonville, FL 32256-7517

Proj: Accolades Project, Orange County, Re: Sand Skink HCP Permit Application (BTC Project #337-29)

Dear Ms. Gawera:

Attached is the sand Skink HCP permit application for the Accolades project. This project would impact 13.15 acres of sand skink habitat and would be mitigated by the purchase of 26.30 conservation credits from an approved conservation bank.

Orlando: Main Office Should you have any questions or require any additional information, please 3025 East South Street Orlando, FL 32803 do not hesitate to contact us at (407) 894-5969. Thank you.

Vero Beach Office 4445 NA1A Regards, Suite 221 Vero Beach, FL 32963

Jacksonville Office 1157 Beach Boulevard Jacksonville Beach, FL 32250 Steve Lau Tampa Office Biologist 6011 Benjamin Road Suite 101 B Tampa, FL 33634

Key West Office 1107 Key Plaza Suite 259 Key West, FL 33040

Aquatic & Land Management Operations 3825 Rouse Road Orlando, FL 32817

407.894.5969 877.894.5969 407.894.5970 fax Orlando Vero Beach Jacksonville Tampa KeyWest

Accolades Project Habitat Conservation Plan

for the

Sand Skink

Prepared By:

Bio-Tech Consulting, Inc. 4445 N. A1A, Suite 221 Vero Beach, Florida 32963

January 10, 2020

Introduction

Bio-Tech Consulting, Inc. has prepared this Habitat Conservation Plan (HCP) on behalf of BB Groves, LLC (Applicant) to fulfill partial requirements of section 10(a)(1)(B) of the Endangered Act of 1973, as amended (87 stat. 884; 16 U.S.C. 1531 et seq.). The Applicant is proposing to construct a housing development on approximately 120.18 acres in Orange County, Florida (Figure 1). The project site is located in sand skink (Neoseps reynoldsi) habitat as defined in the U.S. Fish and Wildlife Service (USFWS) Species Conservation and Consultation Guide for the Sand Skink and Blue-tailed (Bluetail) Mole Skink. The Applicant anticipates that 13.15 acres of the project site is occupied by skinks, and is submitting this HCP in support of an incidental take permit (Permit) application for the sand skink.

Purpose

The Applicant proposes to clear, grade, and construct hotel and residential development on the Accolades Property in Orange County. Removal of vegetation and soil disturbance associated with clearing, storm water retention facilities, and associated infrastructure will permanently alter 13.15 acres of sand skink habitat (Figure 7 and 8). The Applicant anticipates take could occur as a result of construction activities causing direct injury to, or mortality of skinks, and harm in the form of permanent alteration of skink habitat. The proposed actions are otherwise legal and consistent with local, county, and State laws.

Permit Duration

The Applicant would like to begin land clearing for construction as soon as this permit is issued. Once begun, construction will proceed in a single phase and is expected to be completed within twelve months. However, in case unforeseen delays occur, the Applicant is requesting Permit duration of 5 years.

Biological Goals

The biological goal of this HCP is to offset impacts to the covered species associated with the proposed project through the conservation and/or preservation of sustainable skink populations. This goal will be achieved through the minimization of onsite impacts by beginning construction activities outside of the skink’s breeding season, and providing mitigation through the purchase of credits at a USFWS-approved conservation bank.

Project Site Conditions

Bio-Tech Consulting, Inc. (BTC) conducted three (3) coverboard sand skink surveys on the subject site pursuant to the USFWS’s Sand and Bluetail Mole Skink Conservation Guidelines (February 6, 2012). The 2017-2019 surveys were conducted for five consecutive weeks, starting from April 8, 2017 - May 17, 2017; April 8 – May 15, 2018; April 10 – May 15, 2019. (April 12 through May

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15, 2019). Based on the results of the 2017, 2018 and 2019 surveys, BTC was able to determine that sand skinks occupy 13.15 acres (Figure 7 and 8) of habitat within the Accolade project site.

Location: The study area is approximately 120.18 acres and is generally located off Avalon Road (C.R. 545) approximately 1.0 mile north of U.S. Highway 192 within Sections 30 and 31; Township 24 South; Range 27 East; Orange County, Florida (Figures 1 & 2). Parcel ID numbers are 30-24-27-0000-00-003 and 31-24-27-0000-00-036.

Topography: Based upon review of the USGS Topographic Map (Lake Louisa SW Quad, Figure 3), the subject site is relatively flat, ranging from elevations of approximately 115 feet to 120 feet above NGVD.

Surrounding Land Uses: The site is located in south Orange County west of Avalon Road. There are housing and commercial developments to the east, south and west. Numerous other housing developments and shopping centers occur throughout the area.

Soils: According to the Soil Survey of Orange County, Florida, prepared by the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS), seven (7) soil types occur within the property (Figure 4). These soils include the following:

• Archbold fine sand, 0 to 5 percent slopes (#2) • Basinger fine sand, depressional (#3) • Candler fine sand, 0 to 5 percent slopes (#4) • Immokalee fine sand (#20) • Pomello fine sand, 0 to 5 percent slopes (#34) • Sanibel muck (#42) • Tavares fine sand, 0 to 5 percent slopes (#46)

Archbold fine sand, 0 to 5 percent slopes (#2) is a nearly level to gently sloping, moderately well drained soil found on low ridges and knolls on the flatwoods. The surface layer of this soil type generally consists of dark gray fine sand about 2 inches thick. In most years, the seasonal high water table for this soil type is at a depth of 42 to 60 inches for about 6 months and recedes to a depth of 60 to 80 inches for the rest of the year. It is at a depth of 24 to 40 inches for about 1 month to 4 months during wet periods. Permeability of this soil type is very rapid throughout.

Basinger fine sand, depressional (#3) is a nearly level, very poorly drained soil found in shallow depressions and sloughs and along edges of freshwater marshes and swamps. The surface layer of this soil type generally consists of black fine sand about 7 inches thick. The water table for this soil type is above the surface for 6 to 9 months or more each year and is within 12 inches of the surface for the rest of the year. Permeability of this soil type is rapid throughout.

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Candler fine sand, 0 to 5 percent slopes (#4) is a nearly level to gently sloping, excessively drained soil found on the uplands. The surface layer of this soil type generally consists of very dark grayish brown fine sand about 5 inches thick. The seasonal high water table for this soil type is at a depth of more than 80 inches. Permeability of this soil type is rapid in the surface and subsurface layers and is rapid to moderately rapid in the subsoil.

Immokalee fine sand (#20) is a nearly level, poorly drained soil found on broad flatwoods. The surface layer of this soil type generally consists of black fine sand about 5 inches thick. In most years the seasonal high water table for this soil type is within 10 inches of the surface for 1 to 3 months. It recedes to a depth of 10 to 40 inches for more than 6 months. Permeability of this soil type is rapid in the surface and subsurface layers and in the substratum. It is moderate in the subsoil.

Pomello fine sand, 0 to 5 percent slopes (#34) is a nearly level to gently sloping, moderately well drained soil found on low ridges and knolls on the flatwoods. The surface layer of this soil type generally consists of gray fine sand about 3 inches thick. In most years, the seasonal high water table for this soil type is at a depth of 24 to 40 inches for 1 to 4 months and recedes to a depth of 40 to 60 inches during dry periods. Permeability of this soil type is very rapid in the surface and subsurface layers, moderately rapid in the subsoil, and rapid in the substratum.

Sanibel muck (#42) is a nearly level, very poorly drained soil found in depressions, freshwater swamps and marshes and in poorly defined drainage ways. Typically the surface layer of this soil type consists of black muck about 11 inches thick. In most years undrained areas mapped with this soil type are ponded for 6 to 9 months or more except during extended dry periods. Permeability of this soil type is rapid throughout.

Tavares fine sand, 0 to 5 percent slopes (#46) is a nearly level to gently sloping, moderately well drained soil found on low ridges and knolls on the uplands. The surface layer of this soil type generally consists of very dark gray fine sand about 6 inches thick. The seasonal high water table for this soil type is at a depth of 40 to 80 inches for more than 6 months, and recedes to a depth of more than 80 inches during extended dry periods. Permeability of this soil type is very rapid throughout.

The Florida Association of Environmental Soil Scientists (FAESS) considers the main components of Basinger fine sand, depressional (#3) and Sanibel muck (#42) as hydric. Furthermore, this Association considers inclusions present in Immokalee sand (#20) as hydric. This information can be found in the Hydric Soils of Florida Handbook, Third Edition (March, 2000).

Existing Vegetative Conditions

The Accolades Property site currently supports five (5) land use types/vegetative communities. These land use types/vegetative communities were identified utilizing the Florida Land Use, Cover and Forms Classification System, Level III (FLUCFCS, FDOT, January 2004) (Figure 5). The on- site upland land use types/vegetative communities are classified as Improved Pastures (211) and

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Xeric (421). The on-site wetland/surface water land use types/vegetative communities are classified as Lakes (520), Bay Swamp (611), Freshwater Marshes (641), and Wet Prairies (643). The following provides a brief description of the on-site land use types/vegetative communities:

Uplands:

211 Improved Pasture

Two (2) areas of open land with seecded bahiagrass (Paspalum notatum) and remnant scrub species are present in the southwestern portion of the project site. These areas are fenced and utilized by cattle, are periodically seeded, and are maintained via bush-hogging for pasture. Within these pastures are areas of sparse groundcover/open sand; predominantly around their perimeter. This land use/vegetative community would be classified as Improved Pasture (211), per the FLUCFCS. Other vegetative species observed within this community include a scattered canopy of sand (), sand live oak (Quercus geminata), and myrtle oak (Quercus myrtlifolia), with some prickly-pear cactus (Opuntia humifusa), hairy indigo (Indigofera hirsuta), rose natal grass (Melinis repens), Spanish needles (Bidens alba), dixie deer lichen (Cladonia subtenuis), chalky bluestem (Andropogon virginicus), and Florida ( ericoides).

421 Xeric Oak

The majority of the project site consists of a scrubby oak upland community. This land use/vegetative community would be classified as Xeric Oak (421), per the FLUCFCS. Vegetation observed within the community type includes a canopy of sand live oak (Quercus geminata), turkey oak (Quercus laevis), myrtle oak (Quercus myrtlifolia), and Chapman’s oak (Querucs chapmanii), with an understory of saw palmetto (Serenoa repens), (Garberia heterophylla), Florida bonamia (), tough bumelia (Sideroxylon tenax), sandhill wireweed (Polygonella robusta), sandyfield hairsedge (Bulbostylis stenophylla), ware’s hairsedge (Bulbostylis warei), chalky bluestem (Andropogon virginicus), wiregrass (Aristida beyrichiana), bottlebrush threeawn (Aristida speciformis), American beautyberry (Callicarpa americana), tough bully (Sideroxylon tenax), winged sumac (Rhus copallinum), dwarf pawpaw (Asimina pygmae), netted pawpaw (Asmina reticulata), tar flower (Bejaria racemosa), rushfoil (Croton michauxii), Britton’s beargrass (Nolina brittoniana), lady’s nightcap (Bonamia grandiflora), Florida rosemary (Ceratiola ericoides), small’s jointweed (Polygonella myriophylla), Queens delight (Stillingia sylvatica), elliot’s milkpea (Galactia elliotii), prickly-pear cactus (Opuntia humifusa), and deer lichen (Cladonia rangiferina).

Wetlands/Surface Waters:

611 Bay Swamp

Several areas of a bay swamp wetland community exist throughout the site. Many of these areas surround the on-site lake and freshwater marshes. This land use/vegetative community would be

4 classified as Bay Swamp (611), per the FLUCFCS. Vegetative species observed within this community include a canopy of sweetbay (Magnolia virginiana), red bay (Persea borbonia), and loblolly bay (Gordonia lasianthus), with some scattered slash pine (). Understory consists of wax myrtle (Morella cerifera), gallberry (Ilex glabra), Virginia chain fern (Woodwardia virginica), cinnamon fern (Osmunda cinnamomea), muscadine vine (Vitis rotundifolia), pickerelweed (Pontederia cordata), cardinal airplant (Tillandsia fasciculate), ballmoss (Tillandsia recurvata), spanish moss (Tillandsia usneoides), spikerush (Eleocharis sp.), needleleaf witchgrass (Dichanthelium aciculare), hemlock witchgrass (Dichanthelium portericense), ear greenbrier (Smilax auriculata), sarsaparilla vine (Smilax pumila), St. Andrew’s cross (Hypericum hypericoides), rusty lyonia (Lyonia ferruginea), coastal plain staggerbush (Lyonia fruticosa), fetterbush (Lyonia lucida), highbush blueberry (Vaccinium corymbosum), darrow’s blueberry (Vaccinium darrowii), shiny blueberry (Vaccinium myrsinites), swamp fern (Blechnum serrulatum), royal fern (Osmunda regalis), lizard’s tail (Saururus cernuus), and smartweed (Polygonum punctatum).

641 Freshwater Marsh

A number of shallow freshwater marshes are present throughout the site. This land use/vegetative community would be classified as Freshwater Marsh (641), per the FLUCFCS. Existing vegetation observed within these marshes includes a groundcover of pickerelweed (Pontederia cordata), common buttonbush (Cephalanthus occidentalis), Virginia chain fern (Woodwardia virginica), royal fern (Osmunda regalis), flatsedge (Cyperus sp.), Carolina redroot (Lachnanthes caroliana), beaksedge (Rhynchospora sp.), bushy bluestem (Andropogon sp.), maidencane (Panicum hemitomon), yellow pondlily (Nuphar advena), and blue maidencane (Amphicarpum muehlenbergianum); with a subcanopy of wax myrtle (Morella cerifera) and saw palmetto (Serenoa repens) on the perimeter, and a widely scattered canopy of slash pine (Pinus elliottii), dahoon holly (Ilex cassine), sweet bay (Magnolia virginiana), laurel oak (Quercus laurifolia), and water oak (). The overall species composition varies slightly from wetland to wetland.

643 Wet Prairies

A small portion of a wet prairie community extends onto the project site from the western boundary. This land use/vegetative community would be classified as Wet Prairies (643), per the FLUCFCS. Vegetation observed within this community includes a scattered canopy of slash pine (Pinus elliottii), slash pine (Pinus elliottii), and laurel oak (Quercus laurifolia), with a mostly open groundcover of predominantly grassy vegetation, including sand cordgrass (Spartina bakeri), maidencane (Panicum hemitomon), blue maidencane (Amphicarpum muehlenbergianum), yellow- eyed grass (Xyris elliottii), bushy bluestem (Andropogon sp.), and bahia grass (Paspalum notatum) with a few areas of low growing saw palmetto (Serenoa repens).

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Wildlife

The Accolades site was assessed focusing on species that are “listed” by the FFWCC’s Official Lists - Florida’s Endangered Species, Threatened Species and Species of Special Concern (October 2016) that have the potential to occur in Orange County. Three (3) species listed as “Endangered” by the Florida Department of Agriculture and Consumer Services (FDACS) were observed within the subject site boundaries. These species are Britton’s beargrass (Nolina brittoniana), lady’s nightcap (Bonamia grandiflora), and small’s jointweed (Polygonella myriophylla). However, it should be noted that the FDACS protection of listed plant species centers around preventing the illegal collection, transport and sale of “listed” . The FDACS only issues permits for collection purposes and neither regulates nor prohibits the destruction of state-listed flora species as a result of development activities. Additionally, two (2) fern species were identified that are listed as “commercially exploited” by the Florida Department of Agriculture and Consumer Services (FDACS). The harvesting of these species, cinnamon fern (Osmunda cinnamomea) and royal fern (Osmunda regalis), for commercial gain, is not allowed. However, the listing of these species poses no restrictions towards the development of the subject site. The following is a list of those wildlife species identified during the evaluation of the site:

Reptiles and Amphibians brown anole (Norops sagrei) eastern diamondback rattlesnake (Crotalus adamanteus) eastern racer (Coluber constrictor) Florida leopard frog (Lithobates sphenocephalus sphenocephalus) lizard (Sceloporus woodi) gopher tortoise (Gopherus polyphemus) green anole (Anolis carolinensis) green frog (Hyla cinerea) sand skink (Neoseps reynoldsi) southern toad (Anaxyrus terrestris)

Birds American Crow (Corvus caurinus) American Robin (Turdus migratorius) Black Vulture (Coragyps atratus) Blue Jay (Cyanocitta cristata) Common Nighthawk (Chordeiles minor) Carolina Wren (Thryothorus ludovicianus) Eastern Kingbird (Tyrannus tyrannus) Eastern Phoebe (Sayornis phoebe) Florida Sandhill Crane (Antigone canadensis pratensis) Gray Catbird (Dumetella carolinensis) Great Horned Owl (Bubo virginianus) Little Blue Heron (Egretta caerulea)

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Birds (cont) Mourning Dove (Zenaida macroura) Northern Cardinal (Cardinalis cardinalis) Northern Mockingbird (Mimus polyglottos) Red-bellied Woodpecker (Melanerpes carolinus) Red-shouldered Hawk (Buteo lineatus) Red-tailed Hawk (Buteo jamaicensis) Snowy Egret (Egretta thula) Tufted Titmouse (Baeolophus bicolor) Turkey Vulture (Cathartes aura)

Mammals Coyote (Canis latrans) eastern cottontail (Sylvilagus floridanus) eastern gray squirrel (Sciurus carolinensis) marsh rabbit (Sylvilagus palustris) nine-banded armadillo (Dasypus novemcinctus) northern raccoon (Procyon lotor) Virginia opossum (Didelphis virginiana) white-tailed deer (Odocoileus virginianus) wild boar (Sus scrofa)

Four (4) of the above wildlife species, sand skink (Neoseps reynoldsi), gopher tortoise (Gopherus polyphemus), Little Blue Heron (Egretta caerulea), and Florida Sandhill Crane (Grus canadensis pratensis) were identified in the FFWCC’s Official Lists - Florida’s Endangered Species, Threatened Species and Species of Special Concern (May 2017). The following provides a brief description of these species as they relate to the site.

Florida Sandhill Crane (Antigone canadensis pratensis) State Listed as “Threatened” by FFWCC

A pair of adult Sandhill Cranes was observed foraging within one of the on-site freshwater marsh systems. The Florida Sandhill Crane is a subspecies of Sandhill Crane that occurs exclusively and is resident to Florida (Stys 1997). Of the six (6) subspecies of Sandhill Crane, the Greater Sandhill Crane (Grus canadensis tabida) is the only other subspecies of Sandhill Crane that occurs regularly in Florida (Stys 1997). This subspecies is a winter migrant, arriving in Florida during late fall (October/November) and leaving in late February (Stys 1997). Since the Florida Sandhill Crane and Greater Sandhill Crane cannot be distinguished from one another in the field, Stys (1997) recommends conducting surveys between May and September to validate the presence of this protected species. Due to the time of year the recent survey was conducted (November & December), it cannot be assumed that the observed cranes were the State listed subspecies.

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Although the adult Cranes were observed foraging on the site, no nests were identified within or in close proximity to the subject site. If nesting does occur, FFWCC typically requires a 400-foot buffer around nests in order to prevent nest disturbance and potential nest abandonment. Since Cranes do not re-use the same nest year after year this 400-foot buffer is only temporary during the nesting season (i.e., anytime from January through June). Since no nests were observed on-site or nearby, there will be no development constraints unless a nest is found. An aerial nest survey is highly recommended prior to the site’s construction activities commencement in order to more accurately determine the presence/absence of on-site Sandhill Crane nests as their nests are difficult to see from ground surveys.

Little Blue Heron (Egretta caerulea) State Listed as “Threatened” by FFWCC

The Little Blue Heron was observed foraging within Lake Oliver near the eastern property boundary at the time of the survey. This species is listed as a colonial nesting bird. There is no protection requirement for this species unless it is observed nesting on the site. There were no birds observed nesting during the investigation conducted. As such, it does not appear that this species would be adversely affected by development of the site.

Indigo Snake (Drymarchon couperi) Federally Listed as “Threatened” by USFWS

Although not observed, the (Drymarchon corais couperi) has the potential to occur on the site. The Lake Wales Ridge Conservation Bank provides good habitat for indigo snake and mitigation credits purchased for sand skinks will also benefit this species. The applicant will also follow the Standard Protection Measures for the Eastern Indigo Snake, U.S. Fish and Wildlife Service, August 12, 2013, during construction activities on the site.

Gopher Tortoise (Gopherus polyphemus) State Listed as “Threatened”

Gopher tortoises, a candidate for listing by the Service and listed by the Florida Fish and Wildlife Conservation Commission (FWC) as a species of special concern, were found on the site. All gopher tortoises found on the site will be permitted through the FWC for relocation prior to site construction.

Sand Skink - (Neoseps reynoldsi) Federally Listed as “Threatened” by USFWS

Bio-Tech Consulting, Inc. staff conducted three (3) formal survey for the sand skink (Neoseps reynoldsi) from 2017-2019. The sand skink and bluetail mole skink are listed as “Threatened” by both the USFWS and FFWCC. These skinks exist in areas vegetated with sand pine (Pinus clausa) - rosemary (Ceratiola ericoides) scrub or (Pinus palustris) - turkey oak (Quercus

8 laevis) associations. Habitat destruction is the primary threat to this species' survival. Citrus groves, residential, commercial, and recreational facilities have depleted the xeric upland habitat of the sand skink. The sand skink is endemic to the sandy ridges of Central Florida, occurring in Polk, Highlands, Marion, Lake, Orange, Osceola and Putnam counties (Christman 1988, Telford 1998). Principal populations occur on the Lake Wales, Mount Dora and Winter Haven Ridges (Christman 1970; Christman 1992; Mushinsky and McCoy 1995).

Coverboard Survey

The coverboard survey, which provides a measure of the relative risk of taking sand skinks, with similar risks to bluetail mole skinks assumed from sand skink results, was designed by the U.S. Fish and Wildlife Service’s Sand and Bluetail Mole Skink Conservation Guidelines (April 4, 2012). Approximately 1,400 2’x2’ coverboards (Figure 6) were distributed in suitable sand skink habitats (i.e., open sandy areas, pastures and sandy roads) found within Ayers Parcels project site from 20017-2019.

• Timing: Surveys should be conducted between March 1 and May 15. Coverboards were finally placed in the field on April 13, 2017, April 8, 2018 and April 12, 2019.

• Duration: Monitoring surveys were conducted for a minimum of four (4) consecutive weeks within the time period described above. Coverboard monitoring began April 17, 2017, April 14, 2018 and April 15, 2019.

• Materials: Two foot by two foot (2' X 2') coverboards were utilized and were constructed of ½ inch thickness oriented strand board (OSB).

• Coverboard Placement: Approximately 1400 coverboards (Figure 6) were placed within suitable habitat at a minimum density of 40 coverboards per acre from 2017-2019. Coverboards were placed in areas of bare sand or sparse vegetation adjacent to leaf litter or other detritus, ensuring full contact of the coverboard with the soil surface. Raking or grading of the soil was needed to ensure full contact of the coverboard with the soil surface. Placement of soil from surrounding areas was also necessary under some coverboards where stems or roots prohibited full contact of the coverboard with the soil surface. While preparing coverboard sites, impacts to federally listed plants, if applicable, were minimized at all times.

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• Sampling: Coverboards were lifted and checked for sand skink tracks a minimum of once per week. Upon lifting each coverboard, BTC staff checked for tracks and then lightly raked the top several inches of soil with fingers to expose skinks, if present. After checking for tracks and skinks, each coverboard was swiped to smooth the soil surface with the edge of the coverboard and replaced coverboard on the other side in order to prevent warping. It should be noted that monitoring events occurred over the course of two days during each week of monitoring in order to ensure that the entire survey area was covered. In addition, during each site visit BTC staff looked for tracks in sandy patches between coverboard locations.

SURVEY RESULTS/ SUMMARY

Since sand skinks had been identified on the Accolade project site during initial evaluations, the main objective for conducting the formal sand skink surveys was to determine the extent of sand skink habitat utilization. BTC conducted three (3) coverboard sand skink surveys on the subject site pursuant to the USFWS’s Sand and Bluetail Mole Skink Conservation Guidelines (February 6, 2012). The 2017-2019 surveys were conducted for five consecutive weeks, starting from April 8, 2017 - May 17, 2017; April 8 – May 15, 2018; April 10 – May 15, 2019. Survey dates were chosen, when possible, for their optimal weather conditions (i.e., warm, sunny, dry conditions). Based on the results of the sand skink survey, it is BTC’s conclusion that the sand skinks utilize isolated, remnant patches of sand within the improved pasture, and xeric oak communities of the subject site. Based on the results of the 2017, 2018 and 2019 surveys, BTC was able to determine that sand skinks occupy 13.15 acres (Figure 7 and 8) of habitat within the Accolade project site. Impacts to sand skink habitat will require mitigation at an FWS-approved sand skink mitigation bank with the required 2:1 ratio. Based on 13.15acres of occupied habitat, the mitigation will be 26.30 acres at an approved sand skink mitigation bank.

Project Impacts to Listed Species

Direct Impacts: Direct impacts are those effects caused by the proposed action, at the time of construction, and are reasonably certain to occur. Construction of the project will result in permanent impacts to 13.15 acres of suitable skink habitat. Mechanical operations within the project site during construction can kill or injure individual skinks and skink eggs. In addition, site preparation may alter microhabitat conditions such as soil moisture and compaction. Changes in surface drainage may inundate previously well drained soils causing skinks to migrate away and avoid the area. Development of this site will result in the permanent and complete loss of sand skink habitat.

Indirect Impacts: Indirect Impacts are those effects that result from the proposed action, and are reasonably certain to occur. The construction of additional development will increase the human population in the area surrounding the project site, further fragmenting and isolating skink populations.

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Cumulative Impacts: Cumulative impacts to skinks will primarily result from future conversion of occupied skink habitat to residential and commercial development in Orange County. These future impacts would be regulated by the USFWS and would be mitigated as appropriate. The impacts of the proposed Accolades Property project to skinks as a whole is expected to be minimal because the large amount of existing development surrounding the project site has effectively isolated the on-site population of skinks.

Measures to Avoid, Minimize, and Mitigate for Impacts

As part of the proposed action, this HCP is being proposed to avoid, minimize, and mitigate the potential take to the maximum extent practicable, and to ensure that this action does not reduce the potential for survival and recovery of the sand skink, as mandated by requirements of 50 CFR Part 17.22(b)(2).

Avoidance and Minimization: To minimize impacts to the species, vegetation clearing and construction activities within the occupied habitat will be initiated outside of breeding season, if it is feasible to do so. High activity periods, which have been associated with the breeding season for these species, range from mid-February to early May, with egg-hatching typically occurring from June through July (USFWS 1999). There will not be enough uplands remaining in the southern portion of the site after development to make avoidance beneficial to sand skinks.

Mitigation: In order to mitigate for unavoidable impacts to the species, the Applicant will purchase conservation credits from the Lake Wales Ridge Conservation Bank located in Polk County, Florida, or another Service approved sand skink bank. This mitigation option involves the purchase of 2.0 acres of credits of occupied sand skink habitat for each acre of affected occupied sand skink habitat associated with the project site. Based upon this 2:1 ratio, the Applicant will need to purchase 26.30 conservation credits. Purchase of 26.30 conservation credits is expected to result in an overall benefit to the conservation/preservation of the skinks, and represents the maximum amount of mitigation that the Applicant is capable of contributing to benefit skinks.

Alternatives Analysis

Alternative 1 – Project as proposed: The project would be constructed as proposed and would result in take of skinks by the permanent alteration of 13.15 acres of skink habitat. However, 26.30 acres of conservation credits will be purchased from the Lake Wales Ridge Conservation Bank in Polk County, or another Service approved sand skink bank, to help conserve and manage skink habitat in perpetuity. The proposed Accolades Property development will also fill an unmet housing and commercial needs in the area. The impacts of the proposed Accolades Property project to skinks as a whole is expected to be minimal because the large amount of existing development surrounding the project site has effectively isolated the on-site population of skinks.

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Alternative 2 – Modified Project: The project area contains small isolated pockets of skink habitat. Avoiding these pockets would leave very small isolated sand skink areas that would not persist in the near future as well as compromising the project design.

Alternative 3 – No project: The project would be abandoned and there would be no take of sand skinks from clearing or construction activities. However, site conditions would continue to degrade and become ultimately uninhabitable for skinks. Not developing the project site is economically undesirable for both the Applicant and the community and would adversely affect the areas housing and hotel needs. The large amount of existing development surrounding the project site has effectively isolated the on-site population of skinks. Leaving the site undeveloped but unmanaged would cause degradation of the habitat and would not be beneficial to the survival of the species.

Monitoring and Reporting

No monitoring or reporting is proposed or required. The biological goal of this HCP will be achieved when the Applicant has provided a receipt for the purchase of the appropriate conservation bank credits to the USFWS. Monitoring and reporting on the mitigation area is the responsibility of the Lake Wales Ridge Conservation Bank.

Changed and Unforeseen Circumstances

Changed circumstances are defined as changes in circumstances affecting a species or geographic area covered by the HCP that can reasonably be anticipated by the Applicant and the USFWS, and that can be planned for. Unforeseen circumstance are defined as changes in circumstance affecting a species or geographic area covered by the HCP that could not reasonably have been anticipated by the Applicant and the USFWS at the time of the HCP’s negotiation and development, and that result in a substantial adverse change in the status of the covered species.

Changed and unforeseen circumstances are not expected because the surrounding land uses are not expected to vary from what is permitted under current zoning and Orange County Future Land Use Plans. However, should either changed or unforeseen circumstances arise, the Applicant and the USFWS contact office shall meet and together agree upon appropriate and reasonable measures for addressing such circumstances, within the rule of applicable law, and the Applicant shall implement said measures within an additional 30 working days unless a longer period of time is agreed to by the USFWS.

Literature Cited

U.S. Fish and Wildlife Service (USFWS). 1999. South Florida Multi-Species Recovery Plan. Atlanta,

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Legend Accolades Property

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1 Accolades Property Miles Orange County, Florida Project #: 337-29 Figure 1 ² Produced By: JDH Location Map Date: 1/8/2020 Legend Accolades Property (± 120.18 Ac.)

600 Accolades Property Feet Orange County, Florida Project #: 337-29 Figure 2 ² Produced By: JDH 2018 Aerial Map Date: 1/8/2020 Legend Accolades Property

1,000 Accolades Property Feet Orange County, Florida Project #: 337-29 Figure 3 ² Produced By: JDH USGS Topographic Map Date: 1/8/2020 20 20

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Legend 2 Accolades Property 34 Orange County Soils 2: Archbold fine sand, 0 to 5 percent slopes 3: Basinger fine sand, frequently ponded, 0 to 1 percent slopes 20 4: Candler fine sand, 0 to 5 percent slopes 42 20: Immokalee fine sand 34: Pomello fine sand, 0 to 5 percent slopes 42: Sanibel muck 46: Tavares fine sand, 0 to 5 percent slopes Lake County Soils

600 Accolades Property Feet Orange County, Florida Project #: 337-29 Figure 4 ² Produced By: JDH SSURGO Soils Map Date: 1/8/2020 611 611 611 611 611 611

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211

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Legend Accolades Property FLUCFCS 211: Improved Pasture (± 16.73 Ac.) 611 421: Xeric Oak (± 91.20 Ac.) 611 611: Bay Swamp (± 6.48 Ac.) 641: Freshwater Marsh (± 1.69 Ac.) 643: Wet Prairies (± 4.08 Ac.)

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560 Accolades Property Feet Orange County, Florida Project #: 337-29 Figure 6 ² Produced By: JDH Sand Skink Coverboards Map Date: 1/9/2020 ´[ ´[ ´[´[´[ ´[´[´[ ´[´[´[

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Legend Accolades Property ´[ Observed SS_Merge (2017, 2018 & 2019) selection

560 Accolades Property Feet

Orange County, Florida Project #: 337-29 Figure 7 ² Produced By: JDH Observed Sand Skink Points Date: 1/9/2020 ´[ ´[ ´[´[´[ ´[´[´[ ´[´[´[

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´[´[ ´[ ´[ ´[ ´[ ´[´[´[ ´[ ´[ ´[ ´[´[ Legend Accolades Property ´[ Observed SS_Merge (2017, 2018 & 2019) selection Modified 80ft Buffer (± 13.15 Ac.)

560 Accolades Property Feet Orange County, Florida Project #: 337-29 Figure 8 ² Produced By: JDH Modified SS Buffer Map Date: 1/9/2020