HomeMy WebLinkAbout2002 06 24 Informational B Trail Bridge and the Eagle's Nest
COMMISSION AGENDA
ITEM B
Consent
Informational X
Public Hearing
Regular
June 24. 2002
Meeting
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Authorization
REQUEST:
The Community Development Department requests the City Commission receive an update on
the Trail Bridge and the Eagle's nest in the Town Center.
PURPOSE:
The purpose of this agenda item is to provide the Commission additional information on the
Trail Bridge and the Eagle's nest.
CONSIDERA nONS:
. On March 25, 2002, Seminole County notified the City that a new eagle's nest had been
located on the relocated Cross Seminole Trail.
. On March 28, 2002 a field trip verified the existence of the nest.
. On March 28, 2002 the Community Development Director contacted Tom Logan, Florida
Game and Fresh Water Fish Commission to inquire about construction of the trail and
trail bridge.
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JUNE 24,2002
INFORMATIONAL AGENDA ITEM B
Page 2
· On May 21, 2002 City staff met with representatives ofthe US Fish and Wildlife Service,
Florida Office of Greenways and Trails, Seminole County and Schrimsher Properties.
. On June 11,2002 the County Commission directed staff to negotiate contracts with
Jones Brothers and Harding ESG for the design/construction of the Trail Bridge.
FINDINGS:
Results of the Mav 21. 2002 meeting:
1. The Eagle is protected under three Federal Acts:
. Endangered Species Act
. Bald & Golden Eagle Protection Act
. Migratory Bird Act.
2. Management Guidelines - (USFWS recommendations)
750' is the Primary zone, no activity
750' to 1,500' Secondary zone, no activity during nesting season, Oct-May (while birds are
nesting)
3. It is illegal to take an Eagle:
· Kill an Eagle or egg or cause eagle to leave eggs or baby
. Harass or harm Eagle
4. Legal methods of impacting an eagle nest:
Section 7 The action must be initiated by a Federal Agency. The Federal Highway
Administration (FHW A) would work with the state or local agency for an
incidental taking of the eagle. The US Fish & Wildlife Service (USFWS)
would then offer a biological opinion on the taking. Once the USFWS offers
a biological opinion Florida Fish & Wildlife Conservation Commission
(FFWCC) must sign off on the opinion. The tree must stay and not be damaged
and the eagle may stay. The process takes a couple of weeks to a couple of
months and involves answering eight questions in the Federal Code of
Regulations.
Section 10 The Applicant (Developer) may apply directly to USFWS to take the nest. The
applicant will need to produce a Habitat Conservation Plan and Mitigation etc.
This process can take up to 2 years. There is no Federal connection.
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JUNE 24, 2002
INFORMATIONAL AGENDA ITEM B
Page 3
Actions:
The State and County will commence work with FHW A on the Section 7 consultation
for the trail overpass ramp within the 750' Primary Protection Zone. The ramps
will be connected to the SR 434 and future Main Street (Tuskawilla Road) sidewalks
then connect to the Magnolia Trailhead and the Cross Seminole Trail. The City and Mr.
Schrimsher will try to reach a solution to the trail relocation and then meet with the
County and State.
Mr. Schrimsher can proceed with the Section 10 or a Section 7 if he needs a Corps of
Engineers (CaE) permit for contiguous wetlands dredge and fill permit. However, a
site plan is needed for the section 10 and more detailed plans are needed for the CaE
permit.
Result of the June I L 2002 County Commissioners meeting regarding the Trail Bridge
DesignfBuild Contract.
County staff was directed to finalize negotiations with Jones Brothers and bring the contract
back for approval as soon as the funding shortfall is settled. The ISTEA grant is for $1,678,000.
The Jones Brothers bid for design/construction with equestrian overpass is $2,980,000 and
$2,645,000 without the equestrian overpass. The shortfall must come from the County
referendum, the State (FDOT) and Winter Springs.
STAFF RECOMMENDATION:
None required.
ATTACHMENTS:
A. Map of alternate Trail alignment
COMMISSION ACTION:
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