§ 72-1141. Standards for gopher tortoise protection during development activities.

The following are minimum standards necessary to protect gopher tortoise burrows that have been designated for preservation from damage during development activities:

(1)

Protection of gopher tortoises and their burrows. Prior to the commencement of construction of a development, the applicant shall clearly mark such gopher tortoise burrows designated for preservation that are in proximity of any area where land clearing equipment is to be operated. In addition, prior to any clearing of improved, vacant or unimproved land, the developer shall construct a temporary barrier at the edge of construction, but not less than 25 feet from the entrance of a gopher tortoise burrow designated for preservation, to prevent physical damage from heavy equipment and other activities incidental to development and to prevent the resident gopher tortoise from entering the construction site. Required barriers should not confine the gopher tortoise and shall be subject to inspection by the county as a condition of the permit approval and prior to any permitted clearing. The temporary barriers shall be consistent with the FWC guidelines and shall exclude gopher tortoises from the construction area, and:

a.

Constructed to be a height so that the barrier can be seen by operators of trucks and other equipment;

b.

Constructed as a condition of the issuance of tree removal permit, building permit, or any other development permit and prior to any construction or other development activities;

c.

Maintained in place throughout the construction; and

d.

Removed from the site at the end of the construction, unless otherwise stipulated in the approved FWC or county permit.

(2)

Gopher tortoises and burrows damaged during construction. If construction activity results in the take of a gopher tortoise, or if construction activity for which a FWC permit was not otherwise required results in the take of a gopher tortoise burrow designated for preservation, as described in FWC Rule 68A-27.004, Florida Administrative Code and Appendix 1 of the FWC Gopher Tortoise Permitting Guidelines (April 2008 - Revised September 2008 and subsequent amendments):

a.

The applicant shall immediately notify FWC.

b.

If construction activity for which a FWC permit was not otherwise required results in the take of a gopher tortoise burrow designated for preservation or a gopher tortoise from such burrow the applicant also shall immediately notify Volusia County Environmental Permitting. The county will issue a stop work order for the site until FWC law enforcement has completed its investigation.

c.

If required or authorized by FWC, the applicant will be required to excavate the damaged burrow per FWC guidelines to determine if a gopher tortoise or any commensal species have been entombed. If required or authorized by FWC, any protected commensals found in the burrow must be relocated consistent with the requirements of the FWC Gopher Tortoise Permitting Guidelines (April 2008 - revised April 2009 and subsequent amendments).

(Ord. No. 2010-02, § VI, 3-4-10)