HomeMy WebLinkAboutResolutions - 2022.03.10 - 35348BOARD OF COMMISSIONERS
March 10, 2022
MISCELLANEOUS RESOLUTION #22-069
Sponsored By: Kristen Nelson
IN RE: Parks & Recreation - Contract Renewal of Candidate Conservation Agreement with the
Michigan Department of Natural Resources for the Eastern Massasauga Rattlesnake
Chairperson and Members of the Board:
WHEREAS the Oakland County Parks and Recreation Commission is renewing the Certificate of Inclusion in
the Eastern Massasauga Rattlesnake (EMR) Conservation Candidate Agreement with Assurances with the
Michigan Department of Natural Resources to mitigate accidental takings of the federally listed EMR and
updating the Eastern Massasauga Rattlesnake Implementation Plan (EMRIP); and
WHEREAS the Oakland County Parks and Recreation Commission, the Oakland County Aviation Division,
and the Oakland County Facilities & Maintenance Division operate land interests where the EMR has been
documented and where potentially suitable habitat for the species exists; and
WHEREAS Oakland County's current Certificate of Inclusion expires on March 10, 2022; and
WHEREAS the Incidental Take Permit (ITP), issued by the US Fish and Wildlife Service, associated with the
Michigan Department of Natural Resources' Candidate Conservation Agreement with Assurances (CCAA) for
the EMR outlines a process for participants to partake in the CCAA; and
WHEREAS the renewal of the Certificate of Inclusion and update to the EMRIP will add an additional 4.46
acres of county parks and recreation land at Addison Oaks County Park; and
WHEREAS the Certificate of Inclusion will be for a 5-year period from the date of execution, and
WHEREAS the renewal of the Certificate and update to the EMRIP meet land management practices already in
place on lands operated by the Oakland County Parks and Recreation Commission, Oakland County Aviation
Division and Oakland County Facilities Maintenance and Operations Division.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
the Certificate of Inclusion under the MDNR Conservation Candidate with Assurances Agreement for the
Eastern Massasaua Rattlesnake and approves the update to the Eastern Massasauga Rattlesnake Implementation
Plan to include additional acreage at Addison Oaks County Park.
BE IT FURTHER RESOLVED that the Chairperson or his designee may execute the Certificate of Inclusion
and any other documents necessary for the completion of Oakland County's participation in the CCAA and
Certificate of Inclusion in the Michigan DNR's Incidental Take Permit.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Kristen Nelson.
�27d
Date: March 10, 2022
David Woodward, Commissioner
Date: March 21, 2022
Lisa Brown, County Clerk I Register of Deeds
COMMITTEE TRACKING
2022-03-01 Legislative Affairs & Government Operations - recommend to Board
2022-03-10 Full Board
VOTE TRACKING
Motioned by Commissioner Penny Luebs seconded by Commissioner Charles Cavell to adopt the attached
Contract: Renewal of Candidate Conservation Agreement with the Michigan Department of Natural Resources
for the Eastern Massasauga Rattlesnake.
Yes: David Woodward, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip
Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck Moss, Marcia Gershenson, William Miller
III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert
Hoffman, Adam Kochenderfer (20)
No: None (0)
Abstain: None (0)
Absent: (0)
The Motion Passed.
rv�r_��I01�iI�l�►1t�,9
1. Eastern Massasauga Rattlesnake Implementation Plan (EMRIP)
2. EMRIP Addendum - 2022 Map
3. MDNR - Certificate of Inclusion
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 March 10, 2022, 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 Circuit Court at Pontiac,
Michigan on Thursday, March 10, 2022.
4ze�1
Lisa Brown, Oakland County Clerk/Register of Deeds
COAKL
COUNTYMICHIGAN
L. BROOKS PATTERSON
OAKLAND COUNTY EXECUTIVE
IMPLEMENTATION PLAN
(EMRIP)
Prepared by:
Oakland County Parks and Recreation
Brittany Bird, Natural Resources Coordinator
Erin Lavender, Natural Resources Technician
On Behalf of. -
The Countv of Oakland
Oakland County Parks and Recreation Commission
Oakland County Facilities Maintenance & Operations Division
Oakland County Aviation Division
Submitted as an Application for Certificate of Inclusion in the Michigan Department of Natural Resources
Eastern Massasauga Rattlesnake Conservation Candidate with Assurances Agreement
September 2016
11PPFe
I. INTRODUCTION.................................................................................................................................................................... 4
11. LANDS INCLUDED IN OAKLAND COUNTY'S EMRIP..............................................................................................................6
A. Private lands and Right-of-Ways.....................................................................................................................................7
B. Definition of Unmanaged vs. Managed Lands................................................................................................................8
C. Management Strategies within Managed vs. Unmanaged Lands..................................................................................9
Ill. DESCRIPTION OF EMR OCCUPIED HABITAT.....................................................................................................................11
IV. PROPOSED ACTIVITIES FOR ENROLLED LANDS................................................................................................................14
A. Management Strategies for Managed Lands — Oakland County Parks and Recreation Properties .............................14
1. Wetland Protection.............................................................................................................................................14
6. Forest Management...............................................................................................................................................20
7. Chemical Control.....................................................................................................................................................20
8. Collection, Release, Relocation and Persecution....................................................................................................22
9. Trails and Pathways.................................................................................................................................................22
B. Management Strategies for Unmanaged Lands...........................................................................................................23
V. STAFFTRAINING...............................................................................................................................................................26
VI. PUBLIC EDUCATION AND OUTREACH..............................................................................................................................26
VII. REPORTING AND AUDIT PROVISIONS.............................................................................................................................28
Vill. SUCCESSION AND TRANSFER OF THE OAKLAND COUNTY CCAA Cl ...............................................................................28
X. DURATION OF CCAA AGREEMENT AND Cl RENEWAL.......................................................................................................29
XI. COMPLIANCE WITH THE CCAA......................................................................................................................................................29
APPENDIX A. Table - Summary of Oakland County Enrolled Lands......................................................................................30
APPENDIX B. OCPR Grant -Encumbered Property Maps.......................................................................................................31
APPENDIX C. Maps - OCPR Managed and Unmanaged Enrolled Lands, OCAir Unmanaged Enrolled Lands.......................32
APPENDIX D. OCPR Park -specific Natural Resource Profiles................................................................................................33
APPENDIX E. OCPR Park -specific Maps of Proposed Activities on Enrolled Lands...............................................................34
APPENDIX F. OCPR Known and Documented EMR Taking Incidents....................................................................................35
21P,P,
APPENDIX G.
OCPR Eastern Massasauga Observation and Bite Incident Report Form.......................................................37
APPENDIX H.
Executive Summary —2015 OCPR Baseline Herpetological Inventory ............................................................38
APPENDIX I.
OCPR Data forms: Wildlife -Burn Surveys, Soil Temperatures, Wildlife Mortality, Pesticide App. Form .........39
APPENDIXJ.
Staff Training Materials....................................................................................................................................40
APPENDIX K.
Public Education Materials..............................................................................................................................41
List of Tables:
Table 1: Summary of major management strategies by acreage on proposed managed and unmanaged enrolled lands
operated by OCPR. (pg.10)
Table 2: Summary of major management strategies by acreage on proposed managed and unmanaged enrolled lands
operated by OCAir. (pg. 10)
Table 3: Summary of major management strategies by acreage on proposed managed and unmanaged enrolled lands
operated by OCFMO. (pg. 11)
Table 4: EMIR Survey methods implemented by OCPR 2006-2015. (pg. 13)
Table 5: Summary of EMIR training conducted with OCPR Staff annually. (pg. 26)
Table 6: Summary of public education and outreach related to EMIR conducted by OCPR Staff annually. (pg. 27)
3 1 P a g e
I. INTRODUCTION
The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (ESA) requires that the U.S. Fish and
Wildlife Service (hereafter "the Service") list species of wildlife and plants that are endangered or threatened
based on the best available scientific and commercial information. The Service identifies species as
"candidates" for listing when there is sufficient information on biological vulnerability and threats to support a
proposal to list, but preparation of a proposal is precluded by higher -priority listing actions.
The Eastern Massasauga Rattlesnake (Sistrurus catenatus) (EMR) was proposed as a candidate species for
listing in September 2015. Candidate species offer unique challenges and opportunities to non-federal
landowners because if the species is listed, "take" prohibitions and accompanying restrictions may apply. This
introduces uncertainty to land planning and makes long-term planning especially difficult. However, candidate
species also open an opportunity to address threats to the species, especially if the species is concentrated on
the lands of one or a few landowners.
The concept behind a Candidate Conservation Agreement with Assurances (CCAA) is to simultaneously
capitalize on the opportunity to conserve the candidate species while reducing the uncertainty that
landowners face in managing lands with candidate species. The Service and the landowner(s) voluntarily agree
to a conservation program for the candidate species, which may include management restrictions, mitigation,
education, other conservation tools, or some combination. In return the Service provides formal assurances
that the landowner will not face new restrictions or prohibitions as a result of listing. Thus, a CCAA provides a
species with a conservation program and relieves the landowner of uncertainty in land management.
When a CCAA is programmatic (designed to allow for multiple landowners), other non -Federal cooperators
may participate through Certificates of Inclusion by agreeing to implement the conservation measures and
other requirements of the CCAA. The participation of other cooperators is encouraged, but their participation
is voluntary and must be approved by the holder of the ESA permit associated with the CCAA.
Most viable populations of EMR occur on land managed by the Michigan Department of Natural Resources
(hereafter "MDNR") and the Michigan Department of Military and Veterans Affairs (hereafter "DMVA"), who
are together the "Participating Landowners" on a proposed programmatic EMR CCAA under review by the
Service.
Michigan Natural Features Inventory (MNFI) reports EMR occurrences from 150 sites in 50 counties over the
past decade. These sightings appear to cluster in several regions across the Lower Peninsula, indicating areas
where EMR may be concentrated, including Oakland, Livingston, Jackson and Washtenaw counties in
southeast Michigan. Oakland County remains a relative strong -hold for the EMR, with 29 occurrences
confirmed by MNFI in 2014 (Figure 1).
41Pagc
Figure 1. Distribution and Recorded Occurrences of the Eastern Massasauga Rattlesnake
I
Occurrences
s
County Occurrences of
Macomb
1
2013
SlstruruS catenatus catenatus
Manistee
4
2011
Masco;
5
2011
Missaukee
2
i9913
Mertcalm
2
2005
Mantmerercy
6
2010
Muskegon
6
2005
Ne"aygo
4
2005
'
Oakland
29
2014
a
oscoda
1
1964
Presque Isle
6
2006
Roscommon
.1
1998
Occurrence
Saginav�'
-4
-
2009
Shia:;assee
i
i928
St. loseph
1
2014
Van Barer,
12
2014
Washtena,,;
16
2010
Updated 5116/2016. Information,,
is si.mmarized
from MNFi's database of rare species
and comm1.11itY Occurrences. Data may not
reflect true distribution
since MUCK, of
the state has not beer thoroughly surveyed.
Oakland County comprises 910 square miles - a subset of which is managed and operated by the County of
Oakland across several County Departments. The Oakland County Parks and Recreation Commission manages
approximately 6757 acres of land over 13 park properties within the headwaters of 5 major rivers
(Shiawassee, Huron, Flint, Clinton, Rouge). Land use within the 13 Oakland County parks includes 5 golf
courses, 2 waterparks, 2 campgrounds, 3 dog parks, 68 miles of trail, and 12 public -access lakes. Roughly 70%
of park land is undeveloped with 21 distinct natural communities represented, including 1200 acres of open
water resources and adjacent wetland habitat. EMR have been documented at 7 of the 13 Oakland County
parks; breeding populations have been confirmed at 2.
51 PaF"e
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vik
The Oakland County Aviation Division (OCAir) manages approximately 923 acres of land over 3 airports
including; Oakland County International Airport in Waterford Township, Oakland/Troy Airport in Troy, and
Oakland/Southwest Airport in Lyon Township. The majority of acreage at Oakland County Airports is
maintained for active flight operations in accordance with all State and FAA safety regulations. To date no
EMR have been documented at the 3 OCAir properties.
The Oakland County Facilities Maintenance and Operations Division (OCFMO) manages approximately 532
acres of land associated with 38 facilities across Pontiac, Troy, City of Southfield, Auburn Hills, Rochester Hills,
Independence Township, and Waterford Township. The majority of acreage associated with OCFMO lands is
maintained as mowed turf and ornamental landscape. A small percentage of land associated with the Oakland
County Campus is maintained as no -mow. OCFMO applies chemical control management to approximately
50% of its unmanaged enrolled lands annually. This includes application of broadleaf herbicide to
approximately 245 acres of turf, management of 13 acres of native wildflowers with seasonal Round -up spot -
treatment, and spray treatment of up to 8 acres of invasive Phragmites annually. To date no EMR have been
documented at the 38 OCFMO-maintained facilities.
Balancing active public recreational use, flight operations, and facilities maintenance with the management of
adjacent natural areas and rare wildlife requires establishing and implementing best land management
practices that conserve the resource base while allowing for public access and facility operations. This
document represents the County of Oakland's EMR Implementation Plan (EMRIP) for application for a
Certificate of Inclusion (CI) under the MDNR's EMR CCAA on those lands managed and operated by OCPR,
OCAir, and OCFMO. The County of Oakland does not anticipate that management strategies outlined in this Cl
application will result in take of any additional state -listed species. Therefore, this application does not
reference an MDNR Threatened and Endangered Species Permit Number.
II. LANDS INCLUDED IN OAKLAND COUNTY'S EMRIP
The County of Oakland seeks to enroll all lands owned by the County of Oakland that are managed and
operated by the Oakland County Parks and Recreation Commission (OCPR), Oakland County Aviation Division
(OCAir), and Oakland County Facilities Maintenance & Operations Division (OCFMO) in a Cl for the MDNR EMR
CCAA (Figure 2; Appendix A). Enrolled lands include lands operated and managed by OCPR, OCAir, and OCFMO
where the County of Oakland holds title to both surface and sub -surface rights, and surface rights but no
subsurface rights. Lands for which the County of Oakland holds title to subsurface rights, but no surface rights
are specifically not enrolled.
61Pasve
A. Private lands and Right -of -Ways
It is important to note that the Countv of Oakland will exclude all private land in -holdings from the EMR CCAA
Cl. For example, the International Transmission Company's (ITC) corridor running through Independence Oaks
North — Upper Bushman parcel is excluded from this application.
Right-of-way (ROW) Easements held on County of Oakland Property managed and operated by OCAir and
OCFMO will be classified as enrolled unmanaged lands. Right-of-way (ROW) Easements held on County of
Oakland Property managed and operated by OCPRC will be classified as enrolled managed lands. A summary
of ROW easements by park is provided in Appendix A. ROWS within OCPR properties consist largely of utility
and drain easements held by; the International Transmission Company, Enbridge Energy, DTE Energy,
Consumers Energy, the Oakland County Water Resources Commissioner, and AT&T. OCPR holds ROW
Easement Agreements with each of these entities. Adherence to management strategy best practices outlined
in the MDNR CCAA Cl within ROW easements will be managed through these agreements, with any additional
provisions being added to agreements as they come up for renewal.
Figure 2. Location of lands operated and managed by OCPR, OCAir, OCFMO in the County of Oakland.
COUNTY MICHIGAN
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A summary of Oakland County properties proposed for enrollment including location, managed vs.
unmanaged acreages, recreational features of significance, easements, pertinent grant and/ or regulatory
encumbrances (Appendix B), and recorded EMIR occurrences by year, is provided in Appendix A.
B. Definition of Unmanaged vs. Managed Lands
Within enrolled lands, The County of Oakland seeks to designate unmanaged and managed lands. Unmanaged
lands include the footprints of OCPR 'built infrastructure areas'; buildings, recreational facilities, campgrounds,
pavilions, rental houses, golf courses, park roads, ornamental landscapes, playgrounds, playing fields and
courts, and regularly mowed turf areas. Managed lands include any portion of enrolled properties not
delineated as unmanaged.
Unmanaged Lands
The unmanaged lands category includes lands that are not considered significant to the conservation
of the EMR. The unmanaged lands are generally not suitable habitat for the species or not suitable to
sustain the conservation of the species, but have been included in the CCAA to provide some basic
conservation measures (e.g., management to minimize potential for human -snake, dog -snake,
equipment -snake interaction in areas with high recreational use or maintenance operations, etc.) in
the event an EMR may occur on unmanaged lands. Land management within unmanaged lands
generally falls under the guidance and implementation of individual Facility Maintenance Supervisors
(OCAir, OCFMO). Within OCPR, Park Supervisors and their Grounds Maintenance Staff are responsible
for the maintenance of designated unmanaged lands, with input on best practice guidelines for
seasonal timing of land management activities provided by the NR Management Unit.
Managed Lands
Managed lands consist of OCPR operated and managed lands considered significant for the
conservation of EMIR in Michigan. These include areas within OCPR properties where confirmed
observations of EMR have occurred, and/ or where habitat suitable to sustain conservation of EMR on
the property has been identified or delineated. These lands will be managed according to management
strategies identified in Section IV which will be applied to reduce and/or eliminate a particular threat.
Generally, the application of management strategies within proposed managed lands falls under the
direct guidance and implementation of the OCPR Natural Resources (NR) Management Unit rather
than individual Park Supervisors and their Grounds Maintenance Staff. OCAir and OCFMO are not
designating any managed lands.
8 1 P a g e
0300
Park -specific maps delineating proposed designated managed and unmanaged lands are provided in Appendix
C. Mapping of managed and unmanaged lands was done using a combination of Oakland County and OCPR-
maintained Geographic Information System (GIS) datasets.
C. Management Strategies within Managed vs. Unmanaged Lands
A summary of acreage estimates for each of the Section IV major management strategies as applied to
proposed managed and unmanaged enrolled lands in Oakland County by Department is provided in Tables 1-
3.
OCAir is enrolling 923 acres of unmanaged land. Annually, OCAir impacts less than 0.03% of its unmanaged
lands with chemical control for nuisance weeds along fence line perimeters.
OCFMO is enrolling 532 acres of unmanaged land. Annually, OCFMO impacts 50% of its unmanaged lands with
chemical control for nuisance weeds and invasive species within maintained turf, ornamental beds, and
wildflower plantings.
OCPR is enrolling 6,757 acres of land; 5,256 managed, 1,501 unmanaged. For OCPR operated properties, the
percentages listed in Table 1 represent the average annual percentage of managed and unmanaged lands
impacted by management strategies from 2011 — 2015. Based on budget and staffing projections, OCPR
anticipates impacting a similar percentage of managed and unmanaged lands by management strategy
annually within the next five year period. The exact spatial extents of applied management strategies will vary
from year to year within the overall managed lands footprint by park.
On OCPR enrolled lands, chemical control for invasive plants and prescribed fire for natural community
restoration represent the management strategies most broadly applied to both managed (chemical control
applied to an average of 9.3% of acreage annually; prescribed fire applied to an average of 6.1% of acreage
annually) and unmanaged (chemical control applied to an average of 0.6% of acreage annually; prescribed fire
applied to an average of 3.5% of acreage annually). Vegetation removal via heavy mechanical equipment
including brush hogs, flail mowers, and brush blades annually impacts an average of 0.1% of managed and
0.003% of unmanaged lands. Currently, OCPR does not apply cultivation or forest management practices to its
proposed managed and unmanaged enrolled lands.
9 1 P a g e
Table 1. Summary of major management strategies by acreage on proposed managed and unmanaged
enrolled lands operated by OCPR.
Oakland County Parks -Acreages Managed by Strategy
(2011 - 2015)
Vegetation
Prescribed
removalvia
Forest
Chemical
Fire
Mechanical
Cultivation
Management
Control
Total
Equipment**
Total Acreage Treated=
1647.48
14.93
0.00
0.00
2705.72
4368.1
Avg Annual Acres Treated =
329.50
2.99
0.00
0.00
541.14
873.63
Managed Land Acres Treated
1603.25
14.72
0.00
0.00
2445.70
4063.67
Average Annual Managed Land Acres Treated
320.65
2.94
0.00
0oo
489.14
812.73
Percent of Total Managed Land Treated Annually
6.1%
0.1%
0.0%
0.0%
9.3%
15.5%
Unmanaged Land Acres Treated
44.23
0.21
0.00
0.00
260.02
304.46 I
Average Annual Unmanaged Land Acres Treated
8.85
0.04
0.00
0.00
52.00
60.89 I
Percent of Total Unmanaged Land Treated Annually
0.6%
0.003%
0.0%
0.0%
3.5%
4.1%
OCPR manages a total of 6,757 acres of enrolled land; 5,256 acres are classified as managed land, 1,501 acres are classified as unmanaged
land
"Brush Hog, Brush Blade, Flail Mower
Table 2. Summary of major management strategies by acreage on proposed managed and unmanaged
enrolled lands operated by OCAir.
Oakland County Aviation Division - Acreages Managed by Strategy
Vegetation
Prescribed removalvia Cultivation Forest Chemical Total
Fire Mechanical Management Control*
Equipment**
Average Annual
Unmanaged Land Acres 0 0 0 0 0.25 US
Treated
Percent of Total
0.0% 0.0% 0.0% 0.0% 0.03% 0.03%
Unmanaged Land Treated
OCIA manages a total of 923 acres of enrolled land -all classified as unmanaged land.
*Less than 0.25 Acres (Roundup® along base of perimeter chain link fence lines at Oakland County International Airport)
**Brush Hog, Brush Blade, Flail Mower
101P a p,e
Table 3. Summary of major management
strategies by acreage on proposed managed and unmanaged
enrolled lands operated by OCFMO.
Oakland County Facilities Maintenance & Operations
Acreages Managed by Strategy
Vegetation
Prescribed
removal via Forest Chemical
Cultivation Total
Fire
Mechanical Management Control
Equipment"
Average Annual
Unmanaeed Land Acres 0
0 0 0 266 266
Treated
Percent of Total 00%
0.0% 0.0% 0.0% 50.0% 50.0%
Unmanaeed Land Treated
OCFMO manages a total of 532 acres of enrolled land - all classified as unmanaged land.
"Brush Hog, Brush Blade, Flail Mower
As evident from the information provided above, the percentage of unmanaged lands subject to treatments
across Oakland County Departments is not expected to exceed 2.3% per year. The percentage of managed
lands operated by OCPR subject to treatments is not expected to exceed 15.5% per year. Thus, a significant
percentage of the potentially occupied areas on OCPR-operated managed lands will not be subject to actions
that may result in take covered by the agreement.
In addition, during 2011— 2015, when management strategies were applied as summarized above to managed
lands operated by OCPR, only 1 EMR taking incident occurred within an Oakland County Park. This taking
involved physical harm of the snake by a park patron acting on unmanaged land at the Orion Oaks Dog Park.
The incident did not involve or result from the application of any of the management strategies outlined in
Section IV or Tables 1-3. A summary of all known and documented EMR taking incidents involving OCPR
enrolled properties is available in Appendix F. Incidental take that does occur as a result of land management
strategies, or the individual actions of park users, will likely occur only occasionally, and is not expected to
nullify the conservation benefits anticipated under the CCAA Cl for Oakland County. Completion of specific
conservation actions at both the local or landscape scale afforded by this agreement is expected to result in
overall net benefits, although may create a temporary risk to individual snakes.
111. DESCRIPTION OF EMR OCCUPIED HABITAT
OCPR is the only Oakland County Department seeking to enroll managed lands with documented EMR
occurrences and potential occupied habitat.
For management purposes, based on historical accounts and recent confirmed EMR occurrence records, OCPR
considers all enrolled lands categorized as managed lands (5,255 acres) to be potentially occupied habitat
(reference maps provided in Appendix C).
Park -specific profiles including information on park acquisition history, current land use, operations,
programming and recreational amenities, and future projected uses, is available in the OCPR 'Five -Year Park
and Recreation Master Plan 2013-2017' (accessible at:
httD://www.destinationoakland.com/Planning/organization/Pages/Recreation-plan.aspx). Park -specific
Natural Resource profiles including information on geology, significant natural communities and wildlife, and
historical and current land management practices are included in Appendix D.
Eastern Massasauga rattlesnakes have been documented at 7 of the 13 Oakland County Parks, including
Addison, Independence, Highland, Lyon, Orion, Rose, and Springfield Oaks. A summary of occurrences by park
and year (2007 — 2015) is provided in Appendix A. Locations of EMR occurrences from 2007-2015 are
symbolized by year in park -specific maps included in Appendices C and E. Prior to 2007, OCPR did not have a
formal tracking mechanism for EMR occurrences. Rather, this knowledge lived with parks staff who have
verbally reported historical occurrences at the above mentioned properties.
As of 2007, EMR occurrences are reported by park staff, contractors, and visitors using a standardized 'OCPR
Eastern Massasaugo Observation and Bite Incident' report form which requires details of identifying
characteristics and photo -documentation when possible (Appendix G). This form is available at park offices
and online at www.OakiandCountvParl(s.com. EMR Observation and Bite Incident reports are collected and
confirmed by the Natural Resources Management Unit, and summarized and catalogued in the OCPR GIS
database. A report of EMR occurrences and any bite incidents on OCPR-managed and operated lands is
submitted to MDNR and MINA on a biennial basis.
In addition to EMR Observation and Bite Incident Reports, OCPR has engaged in formal and informal EMR
survey activities as summarized in Table 4. Of note, OCPR contracted with Environmental Consulting and
Technology, Inc. (ECT) and Herpetological Resource and Management, LLC (HRM) during 2014-2015 to
perform a comprehensive, system -wide baseline Herpetological Inventory. This professional inventory
documented breeding populations of EMR at both Orion and Highland Oaks, and identified the following
additional parks as having the potential to support viable populations of EMR based on historical records and
the current habitat quality of park natural areas; Addison, Groveland, Independence, Rose, Springfield, and
Waterford Oaks. An Executive Summary of the 2015 OCPR Herpetological Inventory is provided in Appendix H.
121Page
Table 4. EMR Survey methods implemented by OCPR 2006 — 2015,
Survey Description
Survey Interval
Areas Covered
Responsible Party
Staff Observations
Annually
All managed and unmanaged lands
NR Management Unit
During Land
where management strategies are
Field Crew
Management Work
applied by the NR Management Unit
Field Crew.
Pre and Post Prescribed
Annually
Pre and post -burn meander surveys
NR Management Unit
Burn Mortality Surveys
are conducted in all prescribed burn
Field Crew
units on managed and unmanaged
lands to look for wildlife mortalities
(Data forms, Appendix I)
with a focus on EMR and other herp
species.
Contractor Observations
Annually
All invasive areas contracted for
OCPR Blanket Contractors
During Land
treatment by one of the Section IV
(historically Cardno,
Management Work
management strategies on managed
Owen Tree, Borneman,
and unmanaged lands.
LLC, Plantwise)
2008 AmeriCorps NCCC
One-time
1-day survey per park by a team of 9
Crew of 9 AmeriCorps
Grant Surveys
Survey
at key wetland and adjacent upland
NCCC Students and 2
areas at Independence, Addison,
OCPR NR Management
Orion, and Highland Oaks.
Unit Staff
2014— 2015 OCPR
Anticipated 10-
Comprehensive baseline
ECT and HRM contractors
Baseline Herpetological
year Interval
herpetological survey of all OCPR
Inventory
parks with the exception of Catalpa
(Executive Summary,
Oaks. 3,000 person hours of field
Appendix H; full report
surveys were conducted over 1200
available upon request)
acres of parkland.
Requested Access for
As Requested
Independence and Rose Oaks
Approximately 2 requests
Research Surveys
County Park.
from MNFI and MSU
since 2006
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1V. PROPOSED ACTIVITIES FOR ENROLLED LANDS
The County of Oakland is committed to conserving EMR by managing and restoring habitat, and minimizing
threat and risk factors for EMR on enrolled lands during the life of the CCAA Cl Agreement. To accomplish this,
Oakland County seeks to follow the Conservation Measures for managed and unmanaged lands presented in
the MDNR CCAA (Section 7.0; pp 18-26 as referenced in the 'Final Draft' dated February 2016).
Tables 1-3 summarize major management strategies by acreage on proposed managed and unmanaged
enrolled lands for OCPR, OCAir, and OCFMO. OUR park -specific maps of proposed activities on enrolled
managed and unmanaged land are available in Appendix E.
A. Management Strategies for Managed Lands — Oaktand County Parks and Recreation Properties
The following sections outline best practices by conservation measure, with emphasis on how OCPR will apply
protocols internally on designated managed lands to ensure adherence to the recommended MDNR EMR
CCAA guidelines for:
• Wetland Protection
• Prescribed Fire
• Mowing and Hydro -axing
• Cultivation
• Water Level Manipulation
• Forest Management
• Chemical Control
• Collection, Release, Relocation and Persecution
• Trails and Pathways
"s., Wetland Protection
The primary threat to the EMR is habitat loss, in particular the effects of past, widespread wetland loss.
While the primary function of OCPR properties is the provision of public recreation and conservation of
greenspace, the landholdings play an important role in conserving EMR by providing places where
wetlands have been conserved. The 13 Oakland County parks and wetlands they support serve as hubs,
sites, and links within a broader regional network of critical EMR habitat. The effectiveness of Oakland
County park lands as part of the conservation landscape for the EMR is demonstrated by the number
of remaining EMR populations they support.
Wetland community types within OC parks include; wet-mesic prairie, southern wet meadow, fen, bog,
hardwood conifer swamp, tamarack swamp, southern swamp, emergent and submergent wetlands.
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2
OCPR has both MDNR and Michigan Department of Environmental Quality (MDEQ) wetland easements
at Lyon Oaks County Park, and is actively pursuing a wetland restoration project for MDEQ Easement at
Addison Oaks County Park. Conserving wetlands is one of the most significant EMR conservation
measures that OCPR can continue to provide. To this end, OCPR's Natural Resources Management Unit
actively stewards the 1200 acres of open water and adjacent wetlands that fall within the park system
through invasive species control and prescribed burning.
Prescribed Fire
Fire is a natural process that occurs in many Michigan natural communities, including fens and other
vegetation types occupied by EMR. Prescribed fire promotes dynamic changes in the landscape that
set back succession, improve EMR habitat, and may be beneficial to EMR populations in the long run.
Currently, the impacts from prescribed fire on EMR populations are uncertain. OCPR will follow peer -
reviewed literature for current findings on the positive and negative effect of prescribed burns on EMR
populations and habitat, and incorporate recommended best practices into strategies for use of fire in
occupied areas.
OCPR has conducted contracted prescribed burns annually since 2007 as part of a multi -pronged
approach to maintaining and restoring park natural communities. To date, OCPR has cumulatively
burned approximately 2,625 acres of parkland (2007 — 2016). Contracted burns are planned and
coordinated by the Natural Resources Management Unit. Staff applies several best practices to
minimize impact to EMR and other herp species including:
• Conducting burns during the EMIR inactive season - in early spring or late fall prior to EMR
emergence and following EMR return to overwintering/ hibernacula areas.
• On -site meetings with contractors to review burn units and plans for minimizing impact to
wildlife, including EMR. This includes provisions in the burn plan regarding restricted seasonal
timing of the burn, requiring back burns or ignition patterns resulting in a slow rate of spread,
restricting head -fires and ringing of burn units for those areas where EMR have been observed
and/ or where potential habitat and/ or hibernacula may occur.
• Never burning 100% of a natural community type represented in the park in any given burn.
• Conducting pre and post -meander surveys of each burn unit to detect the presence of wildlife,
including EMR prior to burns, and to detect and document any wildlife mortality resulting from
burns (forms available in Appendix 1).
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• Pre -burn soil temperature monitoring as a predictor of EMR emergence. Prior to each burn a
minimum of 3 soil temperature readings are taken in upland and wetland habitats throughout
the burn unit using a digital thermometer in the top 6-8" of soil. Soil temperature data is
recorded using field GPS units. An EMR emergence guideline of soil temperatures at 46.4 —
48.2F is used. Every attempt is made to conduct burns when soil temperatures fall below this
range in units where EMR have been observed or potential habitat and/or hibernacula may
occur (forms available in Appendix 1).
Prescribed fire will be allowed in managed habitat even though it has the potential to kill individual
snakes. At some managed sites, prescribed fire may be the preferred or only effective management
treatment for invasive species or discouraging woody growth for the purpose of maintaining important
habitat.
OCPR will adhere to the following additional MDNR CCAA guidelines when using prescribed fire to
enhance or increase suitability of EMR habitat while minimizing the potential loss of individual
snakes:
a) Burning in managed EMR habitat when snakes are inactive or not emergent is unrestricted
except when current conditions could possibly result in snake emergence. If available, use a
Snake Emergence Prediction Model (SEPM). If the model predicts that snakes may be
emergent, burning will be conducted according to the protocols described below. If the model
predicts snakes are not active, then burning is unrestricted.
b) Land managers will leave unburned areas adjacent to prescribed burns to serve as snake refugia
whenever possible.
c) Prescribed burn plans will use 'back burning' as the primary ignition strategy. This approach will
minimize entrapping snakes between flame fronts. However, the burn manager may make the
judgment, during a burn treatment, that encirclement ignition or strip firing is necessary to
protect human safety or property.
d) Burn prescriptions to outline a maximum rate of spread no faster than -6 chains per hour (17.6
feet per minute) with an average targeted rate of 10 chains per hour or less (11 feet per
minute), except in known hibernacula areas. A slower rate of spread may allow snakes within
the burn unit adequate time to find refugia.
e) Where hibernacula are known to be dense (greater than 5 hibernacula per acre), no burning is
allowed from March 15 to May 15, unless the SEPM predict snakes to be inactive and not yet
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f y {
emerged. Where hibernacula are known to be diffuse (less than 5 hibernacula per acre) across
the landscape, burns between March 15 and May 15 can move at no faster than 8 chains per
hour (8.8 feet per minute).
f) Fire breaks will be established following existing fuel breaks (roads, rivers, trails...) to the
greatest extent possible. Cultivation (disking or roto-tilling) of burn breaks will be minimized to
the extent that human health and safety are not jeopardized. Cultivation and mowing fire
breaks will be established during the inactive season to the extent possible.
3. Mowing and Hydro -axing
OCPR uses flail mowing and brush -hogging in managed natural areas to control invasive species,
establish fire breaks, establish native grassland plantings, and establish and maintain trails. Flail
mowing and brush -hogging activities are conducted by OCPR staff and contractors. The seasonal timing
of vegetation removal activities as described above, is limited to the EMR inactive season with the
exception of trail maintenance. Mowed trails are cut as early as possible in the spring when soil
conditions prohibit rutting, and maintained at <6 inches by regular mowing thereafter through the
EMR active season.
While mechanical treatments are an important natural area restoration tool, the use of heavy mowing
equipment may cause direct snake mortality and impact the long-term survival of localized EMR
populations. As such, the following MDNR CCAA guidelines will be observed when mechanical
treatments are used in managed habitat to increase habitat suitability for rattlesnakes and minimize
mortalities:
a) Set mower deck heights to maintain turf grass at <6 inches at all times.
b) In areas with known hibernacula, mowing and hydro -axing are not allowed at anytime of year.
c) Mowing and Hydro -axing will follow the most recent rutting guidelines for the DNR
(htto://www.michigan.gov/documents/dnr/IC4011 SustainableSoilAndWaterQualitvPracticesO
nForestLand 268417 7.pdf).
d) Mowing or hydro -axing of grasses over 6 inches will occur only during the inactive season,
except to control non-native vegetation in degraded habitats.
e) After snakes have emerged, mowing and hydro -axing will only be allowed when land managers
are trying to improve EMIR habitat in highly degraded sites (>90% canopy closure or >75%
nonnative invasive species).
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4. Cultivation
OCPR does not currently maintain enrolled lands in cultivation or provide agricultural leases. Should
these practices be implemented in the future, the following MDNR CCAA guidelines would apply on
enrolled managed lands operated by OCPR:
a) Areas that are to be treated with mechanical soil disturbance will be mowed during the inactive
season to <6 inches in height so that they are unattractive to snakes the following spring.
b) Areas may be continuously maintained as row -cropped agriculture.
c) Narrow strips of land may be cultivated for the establishment of fire breaks, as outlined in the
prescribed fire guidelines.
d) Cultivation may be used when necessary to protect human or natural resource health and
safety (e.g., wildfire suppression.)
5. Water Level Manipulation
Maintaining the natural hydrology of lacustrine and palustrine communities is critical for maintaining
viable populations of amphibians and reptiles. In some wetland complexes, the natural fluctuations in
water levels help maintain open landscapes. Alterations to wetland hydrology may have negative
impacts on amphibian and reptile populations. For example, groundwater or saturated soils protect
hibernating snakes from freezing during winter. Alteration of hydrology during critical periods related
to hibernation may have detrimental effects on EMR and other herp species. For example, drawdowns
during the inactive season may result in removing the heat sink capabilities of the water and
weakening the thermal link to warmer areas farther underground, which may impact EMR
survivorship. Flooding during the active season may not kill EMR, but may force them out of suitable
habitat. Extended flooding may destroy critical elements of EMR habitat. Fluctuations in hydrology
caused by natural processes such as beaver damming may have both positive and negative effects on
EMR habitat and populations.
OCPR maintains 2 Agri -dams; 1 associated with a wetland restoration area at Lyon Oaks County Park,
and one associated with a constructed retention pond at Waterford Oaks County Park. The Lyon Oaks
water control structure is set at a permanent level to maintain the desired wet-mesic prairie wetland
type. This structure has not been adjusted since project completion and MDEQ clearance was awarded
in March, 2013. OCPR has no intent of applying seasonal water level manipulation to this area. The
Waterford Oaks Agri -dam was installed in the summer of 2010 and has been used to manipulate
retention pond water levels for the purposes of invasive species management (removal of buckthorn
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and box -elder). This water level manipulation occurs during the EMR active season. It should be noted
that no occurrences of EMIR have been recorded at Waterford Oaks in greater than 10 years.
The County of Oakland owns a dam located at the outlet of Mill Pond at the North end of Springfield
Oaks County Park. The Mill Pond dam has been in place since the late 1800's and facilitates the
presence of Davisburg Road. The County of Oakland has a formal agreement with Springfield Township
which outlines cost -share provisions for dam maintenance. The dam is managed at a consistent water
level unless manipulation is needed for the purposes of dam repair and maintenance and/ or in
response to safety or regulatory concerns. Springfield Township's Shiawassee Basin Fen Preserve,
which harbors a globally -ranked fen that supports a viable, breeding population of EMR, stretches to
the North (downstream) of the Mill Pond dam. Any future planning efforts related to the maintenance,
repair, or alteration of the dam will be closely coordinated with Springfield Township, as well as
MDNR's upstream land interest (Davisburg State Game Area), and take into consideration potential
impacts to EMIR and other wildlife.
Beaver activity is prevalent in many OCPR managed properties. The majority of beaver activity
occurring within managed land extents is likely beneficial and contributes to the maintenance of
suitable EMR habitat in the parks. OCPR supports an active beaver management program. Beaver
damming activity that causes impacts to built infrastructure within parks or adjacent private lands, or
which results in conditions potentially hazardous to park staff, visitors, or neighboring properties is not
tolerated. Such impacts are mitigated through volunteer trapping during the MDNR-regulated season
(EMIR inactive season), and MDNR-permitted nuisance dam removal and contracted trapping during
the EMR active season.
The following MDNR CCAA guidelines will be observed when manipulating water levels in managed
habitat:
a) Water levels in managed habitat will not be drawn down during the inactive season, except for
human health and safety reasons.
b) Water levels may not be raised for more than two continuous weeks during a single inactive
season, except for health and safety concerns.
c) Permanent flooding or drainage that results in loss of EMIR habitat is prohibited.
d) Water levels maybe raised during the active season.
19 1 c a q
e) This agreement does not obligate the County of Oakland to manage beaver to maintain water
levels.
f) Temporary flooding to mimic the restorative effects of beaver activity for one to five years will
need written pre -approval from MDNR and the Service.
6. Forest Management
Most forestry activities that are conducted in accordance with sustainable forest management
principles are not expected to negatively impact EMR populations. Currently, OCPR does not engage in
stand management, thinning, or harvesting forestry practices. Hazardous tree removals are conducted
on a proactive basis in response to structural degradation, disease, or storm damage by the OCPR
Natural Resources Unit Tree Crew, Park Grounds Maintenance Staff, and contractors. Hazardous tree
removals and associated arbor care practices such as tree -specific thinning, pruning, and stump
grinding occur within OCPR managed properties during both the active and inactive EMR seasons. Tree
removal and associated activities are recorded by GPS and tracked in OCPR's work order system and
GIS.
Should OCPR expand its Forest Management activities beyond responsive hazardous tree
management, the following MDNR CCAA guidelines will be observed:
a) Conduct timber harvesting operations when substrate is firm and dry in mid to late summer or
when the ground is adequately frozen so that rutting and compaction is minimized.
b) Reforest stands through natural regeneration or tree planting (including appropriate site
preparation, such as trenching and scarification).
c) Planting densities should be at levels that assure a similar cover type pattern, or retain or mimic
more open forest communities (e.g., oak barren or savanna) to reflect historical natural
communities for the southeast Michigan/Oakland County inter -lobate region.
d) Consider increasing fine and coarse woody debris retention, creating brush piles and favoring
other habitat elements. Slash burning will occur only during the inactive season.
7. Chemical Control
The use of chemicals to control undesirable or invasive species for the purposes of ecological
restoration or wildlife habitat improvement is a standard land practice used by natural resource
professionals. Currently, many land managers use herbicides because of their effectiveness, ease of
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use, and cost effectiveness. Although herbicide use may be an effective habitat management tool, a
paucity of research exists on the effects of chemicals on herpetofauna, specifically, EMR.
Since 2007, OCPR has used chemical control as part of a multi -pronged approach to controlling invasive
and undesirable plants for the purposes of natural community restoration. Approximately 9.3% of
managed lands and 3.5%of unmanaged lands receive annual herbicide application for invasive control.
Chemical application is performed by the OCPR NR Management Unit staff and contractors. Both staff
and contractors are required to adhere to the following best practices related to use of herbicides in
park natural areas:
• Applicators must have the proper Michigan Department of Agriculture and Rural
Development (MDARD) Pesticide Applicator Certification by category for the target species
they are treating.
• Applicators must adhere to pesticide labels as law, and are responsible for using required
personal protective equipment (PPE).
• Aquatic -safe herbicides and adjuvants must be used when working in or within 50' of a
wetland or other aquatic resource.
• Pesticide application information (as required by law) will be recorded daily. (Reference
Appendix I for form).
• Use of herbicides in natural areas should be limited during critical wildlife breeding and
nesting seasons.
OCPR will adhere to the following additional MDNR CCAA guidelines when using chemical control to
enhance or increase suitability of EMR habitat while minimizing the potential loss of individual snakes:
a) Broadcast herbicide applications to managed lands is prohibited except when land managers
are re-establishing suitable habitat at highly degraded sites (e.g. converting row crops to native
grasslands or to control monocultures of invasive species).
b) Land managers may use other, non -broadcast herbicide treatment techniques to control
invasive plant species on managed lands such as; spot spraying, cut -stump, wicking, drill and fill,
and basal bark applications.
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8. Collection, Release, Relocation and Persecution
Collection of EMR for personal pets and commercial trade is an ongoing problem. Poachers have posed
as researchers or collaborators of researchers to obtain information on where to find EMR. EMR held
in captivity will not be released into the wild because the potential for introducing diseases into an
area is significant. Mixing stocks could also have undesirable genetic effects.
OCPR has best practice guidelines for EMR movement, and response to human or dog bite incidents
(see Appendix J). Relevant staff is trained on these procedures annually.
The following guidelines will be observed to minimize the potential negative impacts from the
collection, release, relocation and persecution of rattlesnakes:
a) Details on specific locations of snakes or hibernacula will be treated with the same sensitivity as
location of state or federally listed species because collection or killing at hibernacula could
devastate a population.
b) EMR legally maintained in captivity will not be released back into the wild. Those snakes that
have been held temporarily for research purposes may be released where they were captured
if they are in good health and have been held in isolation from other reptiles.
c) EMR will only be moved to protect the snake or people. EMR that must be moved should be
moved less than 500 m and into the same wetland system, but not across barriers (e.g., roads).
If a snake is moved across property lines, permission will be obtained from the landowner. EMR
lacking knowledge of their surroundings have elevated levels of mortality.
d) Staff will be routinely educated about EMR because they are in an excellent position to provide
public education.
e) Priority will be given to placing snakes that cannot be released or are confiscated into the EMR
Species Survival Plan population maintained by the Association of Zoos and Aquariums where
they may have both an education benefit and contribute to the captive population and possible
future assurance breeding.
9. Trails and Pathways
OCPR maintains approximately 68 miles of trail within 11 out of the 13 parks in the system. Trail
surface types include pavement, crushed limestone, 21AA aggregate, boardwalk, mowed grass, and
dirt. For human safety, recreational use, and enjoyment of trails and pathways, it is necessary to
perform maintenance on the trails, including grading, gravel filling, culvert installation, mowing,
vegetation -trimming, and other activities.
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F..
Currently, the majority of construction and maintenance on existing trails occur during the EMR active
season. Mowing and surface repair activities are done as early in the spring as possible based on soil
and hydrology conditions to minimize impact to EMIR during the active season. Trails are consistently
mowed throughout the growing season to maintain turf grass at <6 inches. OCPR constructs
boardwalks through wetlands using an MDEC.-approved cantilever construction process which creates
minimal impact to wetlands during both the active and inactive seasons.
OCPR applies a GIS-based analysis and planning process when siting the location of new trails. This
analysis contains provisions which consider the potential impact new trails will have on wildlife,
including EMR and other herpetofauna species. Trail design and siting principles that minimize habitat
destruction and fragmentation are prioritized.
Development of design, construction and maintenance standards specific to OCPR park trails is in
process. Also under development is a protocol for regular trail inspections by trained volunteers. The
following MDNR CCAA guidelines will be incorporated into OCPR trail construction and maintenance
standards as they are developed:
a) Set mower deck heights to maintain turf grass at <6 inches at all times.
b) Management will follow the most recent rutting guidelines for the DNR.
c) Outside areas of known hibernacula, mowing or hydro -axing of grasses over 6 inches will occur
only during the inactive season, except to control non-native vegetation in degraded habitats.
d) Development of new trails/pathways or substantive changes to existing trails/pathways within
managed land must include consultation with the OCPR NR Management Unit, and adhere to
all relevant State and Federal Permitting processes pertaining to Threatened & Endangered
Species, and Wetland Protection prior to initiation of construction.
B. [Management Strategies for Unmanaged Lands
The unmanaged lands category includes lands that are not considered significant to the conservation of the
EMR, and/or lands where other goals and mandates require that the management strategies outlined in
Section IV will not apply. The unmanaged lands are generally not suitable habitat for EMR or not suitable to
sustain the conservation of the species, but have been included in the CCAA to provide some basic
conservation measures. The following Oakland County Departments have designated enrolled, unmanaged
2 3 1 P age
lands: OCPR, OCAir, OCFMO. Appendix A and Table 1-3 provide a summary of enrolled Oakland County
properties and designated unmanaged acreage.
The Enrolled Landowners will use the following guidelines on designated unmanaged land:
1. Possession of EMR will continue to be prohibited. This will be accomplished and enforced under the
MDNR's Director's Order (No. DFI-166.98, Regulations on the Take of Reptiles and Amphibians; Act 165
of the Public Acts of 1929, as amended, Sec. 302.1c(1) and 302.1c(2) of the Michigan Compiled Laws)
which prohibits take of "special concern" reptiles and amphibians without a permit from the DNR.
2. Upon documentation of more than one individual, evidence of reproduction, and availability of
suitable habitat on enrolled lands previously designated as Unmanaged Land, signatories may re-
classify enrolled areas as Managed Land, but are not required to do so. Consideration will be given to
whether the EMRs found are associated with a known and viable population nearby.
3. Management of Unmanaged Land where EMR are unwelcome will focus on management techniques
that discourage EMR use. For example, grassy areas around buildings or campsites will be frequently
mowed because tall vegetation could attract EMR.
4. Avoid or minimize the potential for actions on the Unmanaged Lands that may restrict EMR dispersal
between Managed Lands that are separated by less than 1 km. Activities that may limit dispersal may
include new or expanded paved roads or motorized vehicle trails. In order to provide incidental take
coverage for these types of activities pursuant to the CCAA the MDNR and the Service must first
confirm the action proposed is consistent with the CCAA standard.
5. The following guidelines will be observed to minimize the potential negative impacts from the
collection, release, relocation and persecution of rattlesnakes:
a) Details on specific locations of snakes or hibernacula will be treated with the same sensitivity as
location of state or federally listed species because collection or killing at hibernacula could
devastate a population.
b) EMR legally maintained in captivity will not be released back into the wild. Those snakes that
have been held temporarily for research purposes may be released where they were captured
if they are in good health and have been held in isolation from other reptiles.
c) EMR will only be moved to protect the snake or people. EMR that must be moved should be
moved less than 500 m and into the same wetland system but not across barriers (e.g., roads).
241Par,e,
If a snake is moved across property lines, permission will be obtained from the landowner. EMIR
lacking knowledge of their surroundings have elevated levels of mortality.
d) Staff will be routinely educated about EMIR because they are in an excellent position to provide
public education.
e) Priority will be given to placing snakes that cannot be released or are confiscated into the EMR
Species Survival Plan population maintained by the Association of Zoos and Aquariums where
they may have both an education benefit and contribute to the captive population and possible
future assurance breeding.
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V. STAFFTRAINING
Staff training materials developed by OCPR are included in Appendix J. These materials are available to all
Oakland County Departments enrolled in the EMR CCAA Cl.
OCPR's Natural Resources Coordinator conducts training related to EMR identification and response protocols
annually with key OCPR staff as summarized Table 5.
Table 5. Summary of EMR training conducted with OCPR Staff annually.
TRAINING MATERIAL
EMR/ Snakes of Michigan
Identification
EMR Movement Protocol
EMR Bite Response Protocol
EMR Observation & Bite Incident
Report
TRAINING EVENT/FREQUENCY
• Seasonal Supervisors & Staff
Training —Annually
• Supervisor Safety Trainings—
Annually
• New Hire Information Binders
• Seasonal Supervisors & Staff
Training —Annually
• Supervisor Safety Trainings —
Annually
• New Hire Information Binders
• Seasonal Supervisors & Staff
Training —Annually
• Supervisor Safety Trainings —
Annually
• New Hire Information Binders
• Seasonal Supervisors & Staff
Training —Annually
• Supervisor Safety Trainings—
Annually
• New Hire Information Binders
VI. PUBLIC EDUCATION AND OUTREACH
STAFF INVOLVED
Park Supervisors, Seasonal
Supervisors, Dog Park Staff, Nature
Center Staff, New Park Staff
Park Supervisors, Seasonal
Supervisors, Dog Park Staff, Nature
Center Staff, New Park Staff
Park Supervisors, Seasonal
Supervisors, Dog Park Staff, Nature
Center Staff, New Park Staff
Park Supervisors, Seasonal
Supervisors, Dog Park Staff, Nature
Center Staff, New Park Staff
Education and outreach efforts are needed to raise awareness and understanding about the EMR for all
stakeholders in order to reduce persecution or indiscriminate killing, and to promote conservation of the
species. Public education and outreach materials related to EMR awareness and conservation, as developed
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by OCPR are included in Appendix K. These materials are available to all Oakland County Departments enrolled
in the EMR CCAA Cl.
OCPR's Nature Education Specialist, Seasonal Program Specialists, and Naturalists at the Lewis E. Wint Nature
Center (Independence Oaks) and Red Oaks Nature Center (Red Oaks) within OCPR's Recreation Programs and
Services Department, provide public education workshops and programs that include information about EMR
and their conservation and management needs as summarized in Table 6.
Table 6. Summary of public education and outreach related to EMR conducted by OCPR Staff annually.
OUTREACH
EVENT LOCATION/FREQUENCY
TARGET AUDIENCE
MATERIAL/EVENT
All OCPR Parks with known EMR Occurrences —
Park users, contractors, staff
EMR Present Signage
permanently installed at park entrances and key
trailheads.
Travelling table -top display; used seasonally at
Park users, contractors, staff
EMR Life History/ Biology
parks with known EMR occurrences at; events,
Interpretive Sign
in trailhead kiosks, in nature centers, golf course
pro -shops.
Available at OCPR Dog Park Contact Stations
Park users, Oakland County
and online at OaklandCountyParks.com;
dog -owners
Dogs and Snakes Brochure
distributed at 6 Vaccination Clinics co -hosted by
OCPR and All About Animals Clinic - held at 5
parks and drawing 1000 participants annually;
distributed at EMR Awareness Events.
Sharing the Parks with
Travelling table -top display; used seasonally at
Park users, contractors, staff
EMR Sign/ Brochure
parks with known EMR occurrences at: events,
in trailhead kiosks, in nature centers, golf course
pro -shops.
Annual %-day event at Orion and Lyon Oaks Dog
Dog -park users, dog -owners
Parks featuring EMR displays, information,
EMIR Awareness Days
brochures, live snakes, kids' activities.
Attendance of approximately 100 people
annually.
http://www.destinationoakland.com/conservati
Oakland County Residents
EMR Website Section
on/nativespecies/Pages/Wildlife.aspx
The following MDNR CCAA guidelines for establishing, sustaining, and growing a comprehensive EMR
education and outreach program will be taken into account as Oakland County sustains and broadens public
education efforts at the local level:
271Pagn
• Conduct research to identify appropriate content and delivery of education and outreach efforts
• Learn from other State and Regional EMR public education programs/models efforts
• Identify and recruit conservation partners and target audiences
• Develop and distribute materials/provide resources
• Evaluate effectiveness of efforts
• Develop a volunteer network and maintain local, long-term presence/outreach efforts in all Oakland
County communities within the species' range
VII. REPORTING AND AUDIT PROVISIONS
The County of Oakland will compile and submit an annual report to the MDNR no later than December 31 of
each year including but not limited to the following qualitative and quantitative data regarding EMR
management strategies on enrolled lands:
• Total acres of land enrolled in the CCAA
• Acres of habitat managed by year and by management technique
• Brief description of habitat management implemented each year
• Adaptive management: summary of any new information or studies pertaining to EMR.
• Number of observed EMIR mortalities associated with management activities
• Number of other observed EMR mortalities (i.e., road mortalities)
• Results of population and habitat monitoring for EMR
• Other information deemed pertinent to the EMR conservation program
The County of Oakland will comply with any state or federal audits of records related to the CCAA and lands
enrolled in the CCAA Certificate of Inclusion.
VIII. SUCCESSION AND TRANSFER OF THE OAKLAND COUNTY CCAA C1
This CCAA Cl shall be binding on and shall insure to the benefit of the Parties and their respective successors
and transferees, (i.e., new owners) in accordance with applicable regulations (50 CFR 13.24 and 13.25). The
rights and obligations under this CCAA Cl shall run with the ownership of the enrolled property and are
transferable to subsequent non -Federal property owners pursuant to 50 CFR 13.25. If the CCAA Cl is
transferred, the new owner(s) will have the same rights and obligations with respect to the enrolled property
as the original owner. The new owner(s) will also have the option of receiving CCAA Cl assurances by signing a
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new CCAA CI and receiving a new Cl permit. The County of Oakland shall notify the Service in writing of any
transfer of ownership, so that the Service can attempt to contact the new owner, explain the baseline
responsibilities applicable to the property, and seek to interest the new owner in signing the existing CCAA Cl
or a new one to benefit listed species on the property. Assignment or transfer of the permit shall be governed
by Service regulations in force at the time.
X. DURATION OF CCAA AGREEMENT AND Cl RENEWAL
The CCAA, including any commitments related to funding under Service programs, will be in effect for 25 years
following its approval and signing by the Parties. Cl Participants signing this Agreement under the umbrella
Agreement will sign on for a minimum of five (5) years. The section 10(a)(1)(A) permit authorizing take of the
species will become effective on the date of the final rule listing EMR and will expire when this CCAA expires
or is otherwise suspended or terminated. The permit and CCAA may be extended beyond the specified terms
prior to permit expiration through the permit renewal process and with agreement of the Parties.
Renewal
DNR will contact all Cl Participants at least 90 days prior to expiration of their agreement; at this time the Cl
Participant can either request a Cl renewal or can allow their Cl to expire. If the Cl Participant renews the Cl
before the expiration date the same commitments and assurances will be continued. If the Cl Participant does
not wish to renew, it may simply let the Cl expire; then the conservation activities may cease, and the Cl
Participant will no longer receive the assurances provided by the Enhancement of Survival permit. If the Cl
Participant wishes to renew after the original agreement has expired, DNR and Service will decide whether an
"as -is" renewal is acceptable or if changed circumstances merit changes in the agreement. Changed
circumstances may include modifications and updates to the management guidelines contained in this Cl. If
DNR decides to terminate this Agreement or not to renew upon expiration of this Agreement, the Cl
Participants have the option of negotiating a new CCAA with the Service.
XI. COMPLIANCE WITH THE CCAA
The County of Oakland will comply with the terms and conditions of the MDNR CCAA, specifically Sections 8
through 12.
291Page
Table Summary of Oakland County Enrolled Lands
30 1 P a �e.
OCPR Grant -Encumbered Property Maps
3 11 P .,,
APPENDIX C.
Maps
OCPR Managed and Unmanaged Enrolled Lands,
OCAir Unmanaged Lands
32 a g t:
M.Djummm
OUR Park -specific Natural Resource Profiles
33 1 P a g e
OCPR Park -specific Maps of Proposed Activities on Enrolled Lands
34 1 P
FW 0
Affild I }�
OCPR Known and Documented EMR Takincyb Incidents
ti _5 2- ip
35 1 P a, g e.-
tr
f f ✓ .� b.:'
Summary of Known EMIR Takings
A summary of known EMR takings on OCPR managed lands:
® 10/8/2010 — Orion Oaks Dog Park — EMR inflicted a bite on a dog utilizing the dog park. Dog Owners
picked up the snake and flung it into the adjacent vegetation. Snake was not recovered —fate
unknown. Snake ID confirmed by photos taken by dog owner and via bite mark pattern on dog's
muzzle by veterinarian delivering antivenom treatment. Report made by OCPR NR Management
Unit Staff to MDNR Wildlife Division and Michigan Natural Features Inventory Herpetologist.
• 7/12/2012 — Orion Oaks Dog Park — EMR killed by a veterinarian using the dog park. Snake ID
confirmed by Park Staff and veterinarian. Report made by OCPR NR Management Unit Staff to
MDNR Conservation Officer.
See provided 'Eastern Massasauga Observation and Bite Incident Reports'
361Page
UMMIG
OCPR Eastern Massasauga Observation and Bite Incident Report Form
37 1 P -i ;; ,
12.11111101111M
Executive Summary— 2015 OCPR Baseline Herpetological Inventory
38 1 P a g e.
INNION
Wildlife -Burn Surveys, Soil Temperatures,
Wildlife Mortality, Pesticide Application Record
39 1 F re
RUNJAINLINHYS
Staff Training Materials
401Page
APPENDIX K.
Public Education Materials
411Rag2
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.
APPENDIX C. MAPS -OPCR MANAGED AND UNMANAGED ENROLLED LANDS, OCAIR
UNMANAGED LANDS, P. 48
This section to include the followine addition after Page 48:
COUNTY PAS
� F
Addison oaks
14UP \Y Pou ae It.aa
L."'dam, LIH23ii
EMRIP 2022 Parcels
EMRIP N22 PemNs
Streams
— PCY n'3m n<
- Tt'mlbrary
Tratl
Mo l"', Dkr Ook
. MUItI-llte
-- 0.allrrvtl
Approved Park Area
M,.IA Arm
rlumeraxrl Ynn P n
PrrY 3mrM+ry
�r1lyArnfll Pl`nlrr
I
Oaklantl Lwnly PpM1c nnE Recreation
Clara NSrJ, eneflrrFe orrrabr
Map showing location of two additional parcels totaling 4.46 acres enrolled as managed lands.
Prepared February 15, 2022, Oakland County Parks and Recreation — S. Zero
of eiA?ugq� Michigan Department of Natural Resources — Wildlife Division
` DP �\ICERTIFICATE OF INCLUSION
1; Ri rJ,A,`/
By the authority of part 365, 1994 PA 451
��h.HMaPN.
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 Permit 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 w thdrawal 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