HomeMy WebLinkAboutResolutions - 2017.01.26 - 22747MISCELLANEOUS RESOLUTION #17010 January 26, 2017
BY: Planning and Building Committee, Philip J. Weipert, Chairperson
IN RE: PARKS AND RECREATION COMMISSION - ADDENDUM TO OAKLAND COUNTY BOARD
OF COMMISSIONERS RESOLUTION MR#16241 — SUPPPORT FOR APPLICATION TO THE
MICHIGAN DEPARTMENT OF NATURAL RESOURCES FOR A CERTIFICATE OF INCLUSION IN
THE EASTERN MASSASAUGA RATTLESNAKE CONSERVATION CANDIDATE AGREEMENT WITH
ASSURANCES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on September 29, 2016, the Oakland County Board of Commissioners approved, through
Resolution MR#16241, the County of Oakland Eastern Massasauga Rattlesnake Implementation Plan
(EMRIP) and the signing of the Michigan Department of Natural Resources Eastern Massasauga
Rattlesnake Candidate Conservation Agreement with Assurances (CCAA) Certificate of Inclusion (Cl)
WHEREAS in September 2016 the Fish and Wildlife Service listed the Eastern Massasauga Rattlesnake
(EMR) as threatened under the Endangered Species Act; and
WHEREAS the Michigan Department of Natural Resources (DNR) created an EMR Candidate
Conservation Agreement with Assurances (CCAA) to obtain an Incidental Take Permit (ITP) prior to
listing; and
WHEREAS the Incidental Take Permit (ITP) outlines a process for "participants" to partake in the
Michigan DNR's Eastern Massasauga Rattlesnake CCAA by creating an Eastern Massasauga
Rattlesnake Implementation Plan (EMRIP) for a Certificate of Inclusion (Cl); and
WHEREAS the County of Oakland is a known stronghold for the EMR; and
WHEREAS the Oakland County Parks and Recreation Commission (OCPRC), the Oakland County
Aviation Division (OCAD), and the Oakland County Facilities & Maintenance Division (OCFMD) operate
land interests where the EMR has been documented and where potentially suitable habitat for the
species exists; and
WHEREAS an EMRIP was created by OCPRC, on behalf of the OCAD and OCFMD, since a majority of
the 'Managed Lands' as defined by the EMRIP are manage by OCPRC's Natural Resource Stewardship
Unit and,
WHEREAS the EMRIP approved, signed and submitted to the FWS and Michigan DNR by the
appropriate deadline; and
WHEREAS the FWS and Michigan DNR reviewed the EMRIP to ensure it was consistent with the CCAA
and concluded additional clarification was needed before a Certificate of Inclusion would be issued; and
WHEREAS OCPRC provided the requested clarification by creating and submitting an EMRIP addendum
to the FWS and Michigan DNR; and
WHEREAS a Certificate of Inclusion, in which the partner agrees to abide by the EMRIP, ITP, and the
CCAA, was issued upon review of the EMRIP addendum; and
WHEREAS, signing the Certificate of Inclusion will benefit the County of Oakland by mitigating future
incidental takings of the Federally Listed EMR as Threatened Species.
NOW THEREFORE BE IT RESOLVED THAT THE Oakland County Parks and Recreation Commission
supports the ratification of The County of Oakland Eastern Massasauga Rattlesnake Implementation Plan
Addendum and the signing of the Michigan Department of Natural Resources Eastern Massasauga
Candidate Conservation Agreement with Assurances Certificate of Inclusion.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission recommends
the Oakland County Board of Commissioners direct its Chairperson or designee to execute the attached
letter regarding the ratification of The County of Oakland Eastern Massasauga Rattlesnake
Implementation Plan Addendum and the signing of the Michigan Department of Natural Resources
Eastern Massasauga Candidate Conservation Agreement with Assurances Certificate of Inclusion.
BE IT FURTHER RESOLVED THAT the Oakland County Board of Commissioners grants the Department
Heads of the OCPRC, OCAD and OCFMD to authorize, any future addenda to the plan.
Chairperson, on behalf of the Planning and Building Committee, I move the Adoption of the foregoing
resolution. I
Commissioner Philip J. Weipert, District #8
Chairperson, Planning and Building Committee
PLANNING AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote with Dwyer and McGillivray absent.
MISCELLANEOUS RESOLUTION #XXXX
IN RE: ADDENDUM TO OAKLAND COUNTY BOARD OF COMMISSIONERS RESOLUTION
MR#16241 SUPPPORT FOR APPLICATION TO THE MICHIGAN DEPARTMENT OF NATURAL
RESOURCES FOR A CERTIFICATE OF INCLUSION IN.THE EASTERN MASSASAUGA
RATTLESNAKE CONSERVATION CANDIDATE AGREEMENT WITH ASSURANCES
To the Oakland County Parks and Recreation Commission
Chairperson, Ladies and Gentlemen:
WHEREAS at the September 29, 2016 Oakland County Board of Commissioners approved, through
Resolution MR#16241, the County of Oakland Eastern Massasauga Rattlesnake Implementation Plan
(EMRIP) and the signing of the Michigan Department of Natural Resources Eastern Massasauga
Rattlesnake Candidate Conservation Agreement with Assurances (CCAA) Certificate of Inclusion (Cl).
WHEREAS in September 2016 the Fish and Wildlife Service listed the Eastern Massasauga Rattlesnake
(EMR) as threatened under the Endangered Species Act; and
WHEREAS the Michigan Department of Natural Resources (DNR) created an EMR Candidate
Conservation Agreement with Assurances (CCAA) to obtain an Incidental Take Permit (1TP) prior to
listing; and
WHEREAS the Incidental Take Permit (1TP) outlines a process for "participants" to partake in the
Michigan DNR's Eastern Massasauga Rattlesnake CCAA by creating an Eastern Massasauga
Rattlesnake Implementation Plan (EMRIP) for a Certificate of Inclusion (CI); and
WHEREAS the County of Oakland is a known stronghold for the EMR; and
WHEREAS the Oakland County Parks and Recreation Commission (OCPRC), the Oakland County
Aviation Division (OCAD), and the Oakland County Facilities & Maintenance Division (OCFMD) operate
land interests where the EMR has been documented and where potentially suitable habitat for the
species exists; and
WHEREAS an EMR1P was created by OCPRC, on behalf of the OCAD and OCFMD, since a majority of
the 'Managed Lands' as defined by the EMRIP are manage by OCPRC's Natural Resource Stewardship
Unit and,
WHEREAS the EMRIP approved, signed and submitted to the FWS and Michigan DNR by the
appropriate deadline; and
WHEREAS the FVVS and Michigan DNR reviewed the EMRIP to ensure it was consistent with the CCAA
and concluded additional clarification was needed before a Certificate of Inclusion would be issued; and
WHEREAS OCPRC provided the requested clarification by creating and submitting an EMRIP addendum
to the FWS and Michigan DNR; and
WHEREAS a Certificate of Inclusion, in which the partner agrees to abide by the EMRIP, ITP, and the
CCAA, was issued upon review of the EMRIP addendum; and
WHEREAS, signing the Certificate of Inclusion will benefit The County of Oakland by mitigating future
incidental takings of the Federally Listed EMR as Threatened Species.
NOW THEREFORE BE IT RESOLVED THAT THE Oakland County Parks and Recreation Commission
supports the ratification of The County of Oakland Eastern Massasauga Rattlesnake Implementation Plan
•Addendum and the signing of the Michigan Department of Natural Resources Eastern Massasauga
Candidate Conservation Agreement with Assurances Certificate of Inclusion.
BE IT FURTHER RESOLVED THAT the Oakland County .Board of Commissioners grants the Department
Heads of the OCPRC, OCAD and OCFMD to authorize, any future addenda to the plan
Moved by: Mr. Fowkes
Supported by: Mr. McGillivray
Aye&.i Baumhart, Fisher, Fowkes, Kostin,
Long, McGillivray, Potts, Scott,
VanderVeen (9)
Nays: (0)
Motion passed on a unanimous voice vote.
Michigan Department of Natural Resources —Wildlife Division
CERTIFICATE OF INCLUSION
By the authority of part 365, 1994 PA 451.
EASTERN MASSASAUGA RATTLESNAKE
CANDIDATE CONSERVATION AGREEMENT WITH ASSURANCES
PERMIT NUMBER TE 03982C-0
This certifies that lands enrolled by the County of Oakland, the Participating Landowner, and
described in the attached Eastern Massasauga Rattlesnake Implementation Plan (EMRIP) are included
within the scope of Pennit Number TE 03982C-0, held by the Michigan Department of Natural
Resources (MDNR) and issued on August 12, 2016, under the authority of Section 10(a)(1)(A) of the
Endangered Species Act of 1973, as amended, 16 U.S.C. 1539 (a)(1)(B). The MDNR's permit
authorizes incidental take of eastern massasauga rattlesnakes by Participating Landowner, as part of
the MDNR's Candidate Conservation Agreement with Assurances (CCAA), when implementing
specific land management activities, identified in Section 7 of the CCAA, on enrolled lands to benefit
eastern massasauga rattlesnakes. Pursuant to the MDNR's permit, this Certificate authorizes the
Participating Landowner for incidental take of eastern massasauga rattlesnakes that may result from
otherwise lawful land management activities, subject to the terms and conditions of the MDNR's
permit, the MDNR's CCAA and the Participating Landowner's EMRIP. By signing this Certificate of
Inclusion, the Participating Landowner agrees to carry out the conservation measures described in the
attached EMRIP. Due to the voluntary nature of this agreement, the Participating Landowner may
withdraw from this agreement at any time without penalty, with 30 days' written notice of its intent to
terminate this agreement. Upon withdrawal from this agreement, the Participating Landowner must give
the U.S Fish and Wildlife Service an opportunity to relocate affected species, including reasonable
access to the property subject to this agreement, within 60 days of the notice (Section 14.4 of the
CCAA). This Certificate is considered approved on the date of the final signature and continues
through the end of the terms identified in the attached EMRIP. If this CCAA is modified at any time in
the future, those modifications will not be required of landowners who possess a Certificate of
Inclusion at the time of the modification, unless mutually agreed upon by the MDNR and the
Participating Landowner.
Participating Landowner Date
Field Supervisor Date
Michigan Ecological Services Field Office
Endangered Species Coordinator, Wildlife Division Date
Michigan Department of Natural Resources
ADDENDUM TO
THE COUNTY OF OAKLAND EASTERN MASSASAUGA RATTLESNAKE IMPLEMENTATION PLAN
(EMRIP)
as Submitted to the Michigan Department of Natural Resources and Fish and Wildlife Service
for review, September 2016.
SECTION IV. A. 9, PROPOSED ACTIVITIES FOR ENROLLED LANDS — MANAGEMENT STRATEGIES
FOR MANAGED LANDS — OAKLAND COUNTY PARKS AND RECREATION
PROPERTIES -TRAILS AND PATHWAYS PG. 22-23
This section to include the following modifications and/ or additions:
d. Development of new trails/ pathways or substantive changes to existing trails/
pathways within Managed Land must include consultation with the DNR.
e. In areas with known hibernacula, mowing and hydro-axing are not allowed at
any time of year.
f. Trail/ pathway construction will be complete during the inactive season (April 15
— October 15).
SECTION VII. REPORTING AND AUDIT PROVISIONS PG. 28
This section to include:
Managed land burned or mowed during the active season will be surveyed to identify
live and dead snakes within 2 days post-treatment. All EMR observed (dead or alive) will
be reported to the Michigan DNR within 30 days. In addition, reports of illegal take (i.e.,
unpermitted collection or persecution) on enrolled lands or observations of dead,
injured or sick individuals under circumstances not address by the CCAA will be reported
to the Service's Office of Law Enforcement and East Lansing Field Office within 24 hours.
SECTION X. DURATION OF CCAA AGREEMENT AND Cl RENEWAL PG. 29
This section to include:
The County of Oakland signing this Certificate of Inclusion Agreement under the
umbrella CCAA Agreement will sign on for five (5) years.
Prepared October 26, 2016; Oakland County Parks and Recreation — B. Bird
SECTION XI. COMPLIANCE WITH THE CCAA
This section to include the following modification:
The County of Oakland will comply with the terms and conditions of the MDNR CCAA.
ADDITION OF THE FOLLOWING SECTION
SEXTION XII. MODIFICATIONS TO CCAA CONSERVATION MEASURES
For projects that will require deviations from the conservation measures outlined in the
CCAA, including timing restrictions on trail and pathway construction, Oakland County
will submit written request for an addendum to the Oakland County EMRIP to MDNR.
The request will include a description of the project area, details on the proposed
project actions, and timing, reason for the request, and a summary of any potential
impact or benefit to EMR as a result of the modification.
Such process will follow MDNR's section 10 permit guidelines regarding modifications:
"Any party may propose modifications or amendments by providing written notice to,
and obtaining the written concurrence of, the other parties. Such notice shall include a
statement of the proposed modification, the reason for it, and its expected results. The
parties will respond to proposed modifications within 60 days of receipt of such
notice. Proposed modifications will become effective upon the other parties' written
concurrence".
Prepared October 26, 2016; Oakland County Parks and Recreation — B. Bird
QAKLANDCOUNTYPARKS
OAKLAND COUNTY PARKS & RECREATION
COMMISSION AGENDA
lEaSE9
DECEMBER 6, 2016 CONSENT AGENDA ITEM NO. SO
PARK FACILITIES & MAINTENANCE
To:
From:
Submitted:
Subject:
Chairman Fisher and Commission Members
Daniel J. Stencil, Executive Officer
Michael J. Donnelion, Jr., Chief of Park Facilities Maintenance & Development
December 19, 2016
ADDENDUM RESOLUTION; for The County of Oakland Eastern Massasauga Rattlesnake
Implementation Plan (EM RIP) and Certificate of Inclusion (CI)
INTRODUCTION AND HISTORY
The Eastern Massasauga Rattlesnake (EMR) has a stronghold in Oakland County. The snake has been
documented at 7 Oakland County Parks, with breeding populations confirmed at 2 parks. Historically, while
incidental take (killings) of Massasauga on park properties has been limited, they have occurred.
In September 2016, after many years as a candidate species, the Fish and Wildlife Service (FWS) listed the
EMR as a Threatened species under the Endangered Species Act.
In anticipation of the EMR's federal listing, the Michigan DNR completed an EMR Candidate Conservation
Agreement with Assurances (CCAA). The Incidental Take Permit associated with this CCAA outlined a process
by which prospective partners could sign-on to the CCAA to be protected from incidental EMR take once the
species was federally listed.
To obtain coverage under the Michigan DNR CCAA, partners needed to submit an Eastern Massasauga
Rattlesnake Implementation Plan. The Plan would be reviewed by the FWS and Michigan DNR to ensure that
it was consistent with the CCAA. After the EMRIP was approved, the partner would sign a Certificate of
Inclusion, in which the partner agrees to abide by the EMRIP, Incidental Take Permit, and the CCAA. In return,
Certificate of Inclusion-holding participants would receive Incidental Take Permit coverage.
Oakland County Parks and Recreation Commission (OCPRC) joined with the Oakland County Aviation
Division, and Oakland County Facilities Maintenance and Operations to create The County of Oakland Eastern
Massasauga Rattlesnake Implementation Plan (EMRIP). The EMR1P plan was approved by the Oakland
County BOO, signed and submitted to FINS and Michigan DNR by the appropriate deadline.
After submittal, the FWS and Michigan DNR requested additional clarification to the OC EMRIP before a
Certificate of Inclusion would be granted. An addendum was created by Oakland County Parks and
Recreation to address the requested changes. The FWS and Michigan DNR approved the addendum
and sent the Certificate of Inclusion to be signed.
ECOMOMIC & RECREATIONAL IMPACTS
Takings of T&E species may be fined $20,000 - $50,000 per incident if the responsible party is not covered
under provisions of a CCAA.
ATTACHMENTS
A. OCPRC — Resolution to the Oakland County Board of Commissioners
B. ADDENDUM; County of Oakland Eastern MassasaUga Rattlesnake Implementation Plan (EMRIP)
C. Cover Letter to Michigan DNR and FVVS
D. MDNR - Certificate of Inclusion
E. Previously Approved/Signed EMRIP
STAFF RECOMMENDATION
Staff recommends approval of the addendum resolution to the Oakland County Board of Commissioners for
The County of Oakland Eastern Massasauga Implementation Plan (EMRIP), and authorization of the MDNR
Certificate of Inclusion.
MOTION
Move to approve the addendum resolution to the Oakland County Board of Commissioners for The
County of Oakland Eastern Massasauga Implementation Plan (EMRIP), and authorization of the MDNR
Certificate of Inclusion.
Resolution #17010 January 26, 2017
Moved by Kochenderfer supported by McGillivray the resolutions (with fiscal notes attached) on the
amended Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
GERALD D. POISSON
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING NRSUANT TO MCL 45.559A(7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on January 26,
2017, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 26th day of January, 2017.
Lisa Brown, Oakland County