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LTC 440-2018 Indian Creek Drive Seawall Replacement Corrective A!v\IAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139 , www .miamibeachfl .gov Jimmy L. Morales, City Manager Tel: 305-673-70 l 0 , Fax: 305-673 -7782 NO . LTC # 440-2018 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of he City Co FROM: Jimmy L. Morales, City Manager DATE: August 8, 2018. SUBJECT: Indian Creek Drive Seawall Replacement Corrective Action The purpose of this Letter to Commission is to provide a status update of the Indian Creek Seawall project. On January 12, 2018, L TC No.010-2018 was published advising the public of regulatory permitting non-compliance associated with the seawall replacement along Indian Creek Drive. The City of Miami Beach continues to meet with regulatory agencies to determine the best path forward to complete the seawall project as part of the Indian Creek Drive reconstruction. There was the 3rd interagency meeting on Friday, August 3rd to discuss the latest information. Prior to the meeting, the City provided the attached remedial action plan letter to allow the agencies the time to consider information that has been obtained during the examination of how the new seawall was constructed. The tone and discussions in the meeting were geared toward resolving all outstanding regulatory concerns so the project can move forward . - A major portion of the overall project is the construction of a seawall to replace the piecemeal remnants of the existing and individually owned structures that were frequently overtopped by tide waters and in varying states of disrepair. This work requires a permit issued by each of the regulatory agencies: U.S. Army Corps of Engineers, South Florida Water Management District, and Miami-Dade County Department of Environmental Resources Management. It is worth noting that the seawall is not currently impacting the schedule of the roadway work as that work is getting ready to move into the second phase of construction. The earlier seawalls that were built along Indian Creek Drive, over the past 100 years consist of varying materials and methods that had significant curvatures in some locations. Other locations had walls that were not vertical but sloping toward the water with the wall being thicker at the bottom than the top. There are additional construction challenges in areas where the foundation of the prior structure protrudes into the water, which increases the distance between the face of the new wall and that of the prior wall at the water surface, making the new wall appear further waterward of the prior than it actually is . ; In some cases, however, where the old wall was constructed with a significant curvature, the new wall is too far away from the previously existing structure. This was determined by a survey of what had previously existed and what was newly constructed . There are three locations that have become obvious that the wall was built in excess of permitting standards and needs to be removed and reconstructed adjacent to the prior structure. The City has reviewed all of the sections of the walls along the route and has identified a multitude of construction impediments which presented challenges for the new construction. These have been shared with the agencies in an effort to clearly define what sections of the wall need to be removed and what sections it makes sense to leave in place, since removal and replacement of the wall could result in the replacement segment in the same location due to the impediments. It is also worth noting that removing a section of the wall causes turbidity and disrupts the channel floor which can be environmentally degrading . At the end of the day, the negotiated course of action needs to be both fiscally and environmentally reasonable . As a result, some conversation centered around leaving the wall in place and providing another method of mitigation . A pending site visit with the regulatory agencies will refine the three locations and the limits of the sections of the seawall to be removed and replaced . The next step will be to complete the necessary permitting process with revised documentation as required. Should you have any questions, please contact myself or Eric Carpenter at 305-673-7080 . fl JLM/ETC/JJF MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl .gov ERIC CARPENTER Assistant City Manager Tel: 305-6737080 Fax: 305-673-7028 VIA EMAIL July 27, 2018 U. S. Army Corps of Engineers : jonathan.c.pempek@usace .army.mil South Florida Water Management District: gvazguez@sfwmd .gov Miami-Dade County DERM: lisa .spadafina@miamidade.gov; joanne.clingerman@miamidade.gov Dear Ladies and Gentlemen: This letter and enclosed graphic describe the City of Miami Beach's proposed corrective action for the Indian Creek Seawall Project. It is provided in advance of a meeting, scheduled for Friday, August 3, where we will explain in greater detail our thinking regarding specific areas of the project. As an initial matter, the City of Miami Beach apologizes for the errors made during construction of this project. The City is chagrined at how several sections of the Indian Creek Seawall were installed. The City, like your agencies, is a governmental body. In this capacity, we are responsible for always acting in the public interest and following legal requirements. The seawall replacement project is critical for the City because it reconstructs an important piece of aging infrastructure needed to deal with rising sea levels, including King Tides, and is located adjacent to a hurricane evacuation route. But, the seawall should have been properly installed. When the e rrors became known, the City stopped work on the project, and the City employee who was responsible for overseeing the work of the contractor is no longer with the City. The construction errors have already cost the City substantial funds, undercut our ability to serve our residents, and have delayed the completion of a project needed to minimize street flooding . We will fully cooperate with the regulatory agencies in completing this important public works project. Marked in blue on the enclosed graphic are three sections of the seawall that the City intends to remove and replace because they are an excessive distance from the preexisting bulkhead. This decision is based on inspections by City staff, discussions with the contractor, and review of pre-project and as-built surveys. The City intends to remove and replace the seawall installed at the following locations: • between 37 and 38 Street • between 30 and 31 Street • between 29 and 30 Street The City proposes to leave in place the remaining portions of the seawall that have been built to date and are marked in orange in the attached graphic. The photographs embedded in the attached graph ic illustrate project area conditions that required the seawall, in certa in areas, to be located as constructed. All the photos are labeled with Point Numbers that depict the conditions at Letter to Agencies Re: Indian Creek Seawall July 27, 2018 Page 2 of2 the locations marked with that point on the graphic. Most of the photos are self-explanatory. In each case, the installed wall location is attributed to documented construction barriers, including subsurface conditions, structural interference (e.g., slanted seawall, extended toe of old seawall, asphalt ramp) and similar obstacles . Other photographs show where a preconstruction survey incorrectly identified the presence of a remnant seawall, resulting in what appears to be a large deviation between old and new seawall when the new seawall is, in fact, adjacent to the remnant wall. The deviations, where they have occurred, are minor and have had no adverse impact on the environment. Removing those segments of seawall makes little sense to us from either an environmental or fiscal perspective. Most of the areas between the seawalls and the roadway were not seagrass habitat because they were landward of the established bulkheads. Removing those segments would require pulling the king piles and panels and will stir up sediment that could impact the nearby benthic communities. To the extent regulatory agencies were to require relocating the seawalls closer to the roadway, this would also entail demolition of the older bulkheads underwater, creating even more turbidity and potential harm to the environment. Now that the seawall is there, the best approach is to decide what action will cause the least environmental harm going forward. In our judgment, the portions of the seawall that merit removal are those shown in blue in the attached graphic. Based on surveys and photos taken during construction, a substantial portion of the seawall was constructed within eighteen inches of the existing bu lkhead . Our investigations have confirmed that there were preexisting bulkheads waterward of the mean high water line at various locations, some of which were old enough that they were submerged at high tide , and others had irregular shapes. In some cases, these bulkheads are located several feet away from the apparent shoreline depicted on the preconstruction survey, because they are so old (built in some cases nearly a century ago) and were built when sea levels were lower. (The age and condition of these bulkheads is the reason why the project is being built today.) The contractor located the seawall next to those bulkheads in many locations because it needed to be cl.ear of the concrete and rock of the existing bulkheads to locate the seawall. The contractor has reported that this was a more common condition in the project area than was in itially apparent. The City and its contractor should have brought these field conditions to the attention of the agencies . The City does not intend to remove the seawalls constructed next to these old bulkheads as we believe they are in compliance with the intent of the permits and would have been authorized if discussed with the agencies in the field at the time of construction. We thank you for your patience as we have put together the information for this letter and the attached graphic. We look forward to meeting with you to discuss this proposal. At that meeting, it is our intention to show you more detailed information regarding our proposal so that you can understand our approach to the different segments of the seawall. Enclosure S i ncerely~ g~ .. . Eric Carpente, P.E. Assistant City Manager We are commitred to provi</Ji1g excellent publk.: se1vice and safety to all who live, work, and pk1y in our vibrant, rropirnl. historic com11wn1(y. Page 3 4 5 5 5 6 6 7 7 7 7 8 8 9 9 9 10 10 10 11 11 11 11 11 12 12 12 Photo 37th St -38th St Looking North Point 573-584 Looking North Po i nt 547 -curb on top of existing wall Point 547 Looking South Point 547 looking South (bottom right) Points: 542-539 looking South Points : 539-542 looking North Point 538 Point 537 Point 536 Point 535 Points : 534-533 looking South (top left) Points : 534-533 looking South (bottom right) At Point : 526 looking South At Point: 525 (middle) At Point: 525 (bottom left) Point 524: looking South toward the curve at 26th St Points : 518-520 (middle) Points 518-520 (bottom) Point 516 (top left) Point 516 (top r ight) Point 516 (middle) Point 516 (bottom left) Point 516 (bottom right) Point 515 Point 513 Point 511 Page #2 Description Close proximity between new seawall and old seawall Greater deviation due to straightened new seawall compared to curved old seawall Close proximity between new seawall and old seawall Close proximity between new seawall and old seawall Greater deviation due to straightened new seawall compared to curved old seawall New seawall being built against waterward face of old seawall New seawall being built against waterward face of old seawall Surveyed MHWL recorded further landward due to degraded condition of old seawall Surveyed MHWL recorded further landward due to degraded condition of old seawall Surveyed MHWL recorded further landward due to degraded condition of old seawall Surveyed MHWL recorded further landward due to degraded condition of old seawall Close proximity between new seawall and old seawall Close proximity between new seawall and old seawall Close proximity between new seawall and old seawall Close proximity between new seawall and old seawall Close proximity between new seawall and old seawall Surveyed MHWL recorded further landward due to degraded condition of old seawall Surveyed MHWL recorded further landward due to degraded condition of old seawall Surveyed MHWL recorded further landward due to degraded condition of old seawall Greater deviation due to foundation elements at base of old seawall Greater deviation due to foundation elements at base of old seawall Greater deviation due to foundation elements at base of old seawall Greater deviation due to foundation elements at base of old seawall Greater deviation due to foundation elements at base of old seawall Surveyed MHWL recorded further landward due to degraded condition of old seawall Surveyed MHWL recorded further landward due to degraded condition of old seawall Surveyed MHWL recorded further landward due to degraded condition of old seawall 8/3/18 ---To be removed and replaced Indian Creek Seawall -To be removed and relaced -To remain 10 0 -To be removed and replaced -To remain 10 0 -To be removed and replaced -To remain 20 10 20 10 0 Indian Creek Seawall -To be removed and replaced -To remain 20 10 0 20 Feet -To remain