Resolution 2023-32781RESOLUTION NO. 2023-32781
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY ("COUNTY
AGREEMENT") FOR THE INSTALLATION OF AN ARTIFICIAL REEF WITHIN
THE BOUNDARIES OF CERTAIN PREVIOUSLY APPROVED LOCAL, STATE
AND FEDERAL REGULATORY PERMITS PURSUANT TO WHICH THE
COUNTY IS THE PERMITTEE; AND FURTHER, AUTHORIZING THE
ADMINISTRATION TO FINALIZE THE EXHIBITS TO THE COUNTY
AGREEMENT; AND FURTHER, AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE FINALIZED COUNTY AGREEMENT.
WHEREAS, on July 20, 2022, the Mayor and Commission approved Resolution 2022-
32261, authorizing a special election, submitting to the electorate of the City of Miami Beach
the question asking whether the City shall be authorized to issue general obligation bonds, not
exceeding $159,000,000, to improve facilities for resiliency of arts and cultural institutions
throughout the City, including museums, performance venues, artistic playgrounds,
senior/cultural centers, botanical garden, aquatic sculpture park, and related artist/workforce
housing; and.
WHEREAS, on November 8, 2022, the voters of the City of Miami Beach approved the
issuance of a General Obligation Bond for Arts & Culture (the "Bond") in the not to exceed
amount of $159 million; and
WHEREAS, on April 28, 2023, the City Commission adopted Resolution No. 2023-32592
accepting the FERC's recommendations and approving Tranche 1 in the not -to -exceed amount
of $101,700,000; and
WHEREAS, on May 17 and June 28, 2023, the first and second public readings of the
bond issuance resolution were held, and the issuance was approved; and
WHEREAS, Tranche 1 of the Bond was issued on July 27, 2023; and
WHEREAS, the final list of projects approved as part of the General Obligation Bond for
Arts & Culture included a $5 million allocation for the Aquatic Sculpture Park Project ("the
Project"); and
WHEREAS, Miami -Dade County (the "County"), through its Department of Regulatory
and Economic Resources, Division of Environmental Resources Management ("DERM"),
manages artificial reef activities and is the permittee for various local, state, and federal
regulatory permits for artificial reefs in Miami -Dade County outside of Biscayne National Park
and Florida Keys National Marine Sanctuary (the "County Permits"); and
WHEREAS, the Project's first phase entails deploying an artificial reef within the
boundaries of the area covered by the County Permits; and
WHEREAS, the City has requested that the County allow the City to conduct the
installation of the artificial reef that is contemplated by the Project's first phase under the County
Permits; and
WHEREAS, subject to the approval by the County's Board of County Commissioners,
DERM has agreed to allow the City to work under the County's permits subject to satisfaction
by the City of the terms and conditions set forth in a proposed agreement between the County
and the City, a copy of which is attached to the Memorandum accompanying this Resolution as
Attachment B; and
WHEREAS, the County Agreement will be presented for approval to the Board of
County Commissioners at its October meeting; and
WHEREAS, the Project will be executed by Blue Lab Preservation Society, Inc.
("ReefLine") via a Grant Agreement (the "ReefLine Grant Agreement") that will include an
addendum requiring ReefLine to fulfill the City's obligations pursuant to the County Agreement
and to indemnify the City and the County consistent with the County Agreement; and
WHEREAS, the approval of the ReefLine Grant Agreement is being requested via a
companion item (item C7 B) included in the September 27, 2023 Commission Agenda.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approves the Artificial Reef Agreement between the City of Miami Beach
and Miami -Dade County ("County Agreement") substantially in the form of Attachment B to the
Memorandum accompanying this Resolution for the installation of an artificial reef within the
boundaries of certain previously approved local, state and federal regulatory permits pursuant
to which the County is the permittee; and further, authorizes the Administration to finalize the
Exhibits to the County Agreement; and further, authorizes the City Manager and City Clerk to
execute the finalized County Agreement.
PASSED and ADOPTED this 27 day of S� nf6Pr 2023.
Dan Gelber, Mayor
ATTEST: SEP 2 8 2023
APPROVED AS TO
Rafael E. Granado, City Clerk FORM & LANGUAGE
& FOR EXECUTION
NCOfiPSOKAIEO City Attorney /od� DC)te�
Agenda Item C7A
Date q,27--3
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139. www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager��
DATE: September 27, 2023
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY ("COUNTY
AGREEMENT") FOR THE INSTALLATION OF AN ARTIFICIAL REEF WITHIN
THE BOUNDARIES OF CERTAIN PREVIOUSLY APPROVED LOCAL, STATE
AND FEDERAL REGULATORY PERMITS PURSUANT TO WHICH THE
COUNTY IS THE PERMITTEE; AND FURTHER, AUTHORIZING THE
ADMINISTRATION TO FINALIZE THE EXHIBITS TO THE COUNTY
AGREEMENT; AND FURTHER, AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE FINALIZED COUNTY AGREEMENT.
BACKGROUND
At the July 20, 2022 Commission meeting, the Mayor and Commission approved
Resolution 2022-32261, authorizing a special election, submitting to the electorate of the
City of Miami Beach the question asking whether the City shall be authorized to issue
General Obligation Bonds (GOB), not exceeding $159,000,000, to improve facilities for
resiliency of arts and cultural institutions throughout the City, including museums,
performance venues, artistic playgrounds, senior/cultural centers, botanical garden,
aquatic sculpture park, and related artist/workforce housing.
On November 8, 2022, the voters of the City of Miami Beach approved the issuance of a
General Obligation Bond for Arts & Culture in the not to exceed amount of $159 million.
At the November 16, 2022 Commission meeting, the Mayor and Commission approved
Resolution No. 2022-32405 directing the Administration and City Attorney's Office to
negotiate and secure public benefits for residents of the City as part of the grant
agreements with cultural arts organizations that will receive G.O. Bond for Arts & Culture
funds.
On March 27, 2023, the City Commission adopted Resolution No. 2023-32523 approving
the Grant Agreement Template.
On April 28, 2023, the City Commission adopted the following Resolutions related to the
Arts & Culture G.O. Bond:
Resolution No. 2023-32592 accepting the recommendations of the Finance and
Economic Resiliency Committee (F.E.R.C.) for Tranche 1 in the not -to -exceed
amount of $101,700,000 (including grant amounts for the following projects:
Workforce Housing, New World Symphony, Holocaust Memorial, Miami Beach
Hispanic Community Center, The Wolfsonian and the Jewish Museum of Florida).
• Resolution No. 2023-32593 approving revisions to the Grant Agreement Template.
Resolution No. 2023-32594 approving the additional public benefits proffered by
each of the cultural arts organizations or entities that will receive Arts & Culture
G.O. Bond funds or that will directly benefit from capital projects paid for with bond
funding.
On May 17 and June 28, 2023, the first and second public readings of the bond issuance
resolution were held.
On July 26, 2023, the City Commission adopted the following resolutions related to the
Arts & Culture Bond:
• Resolution No. 2023-32691 approving a First Amendment to the Grant Agreement
template which allow for the advancing of Grant award funds.
Resolution No. 2023-32714 adopting the Eight Amendment to the capital budget
for the Appropriation of funds for Tranche 1 of the G.O. Bond for Arts & Culture in
the amount of $101,700,000.
ANALYSIS
The final list of projects approved as part of the General Obligation Bond for Arts & Culture
included a $5 million allocation for the Aquatic Sculpture Park Project (the Project).
Miami -Dade County (the "County"), through its Department of Regulatory and Economic
Resources, Division of Environmental Resources Management ("DERM"), manages
artificial reef activities and is the permittee for various local, state, and federal regulatory
permits for artificial reefs in Miami -Dade County outside of Biscayne National Park and
Florida Keys National Marine Sanctuary (the "County Permits"). The Project's first phase
entails deploying an artificial reef within the boundaries of the area covered by the County
Permits. One or more of the County Permits was originally issued in 2011 and has recently
been extended through July 15, 2024. The City has requested that the County allow the
City to conduct the installation of the artificial reef that is contemplated by the Project's first
phase under the County Permits. All permits are attached as Attachment A for reference.
Subject to the approval by the County s Board of County Commissioners, DERM has
agreed to allow the City to work under the County's permits subject to satisfaction by the
City of the terms and conditions set forth in a proposed agreement between the County
and the City, a copy of which is attached hereto as Attachment B.
Key provisions in the Agreement include the following:
• The Agreement authorizes the City to perform the artificial reef installation under
the County's permits, in accordance with previously approved plans.
• The City is directly responsible for ensuring all work is done in compliance with
County's permits.
• Submittals to be made to the various regulatory agencies will be done through the
County (unless instructed by the County otherwise). If modification to previously
approved plans is required, the City must cover the cost of County's staff time.
• Any corrective actions required due to failure to comply with County permit
conditions or other requirements of any federal, state or local agency having
jurisdiction is entirely the City's responsibility, including cost of County staff time
involved.
• The County has customary audit rights, including the right to audit contracts
between the City and third parties for work or materials associated with the artificial
reef installation.
• The City must indemnify the County and include indemnity in favor of the County in
agreements with parties involved in the installation.
• The County has no obligation to maintain, protect or preserve the artificial reef and
can move or remove any reef material. However, after construction is complete,
the County will perform routine inspections that are required by the County Permits
and prepare the corresponding reports required by the County Permits.
• The City has an ongoing obligation to coordinate with County on all artificial reef
and other coastal structures, etc. whether these are proposed under County's
permits or another permittee's permits.
• The City cannot assign its obligations to another party but may enter into
agreements with third parties to fulfill its obligations under the Agreement. The
County acknowledges that Blue Lab Preservation Society Inc. and its contractors
will execute the work in furtherance of the City's obligations.
The County Agreement will be presented for approval to the Board of County
Commissioners at its October meeting.
The Project will be executed by Blue Lab Preservation Society Inc. ("Blue Lab" or
"ReefLine") via a Grant Agreement (the "ReefLine Grant Agreement") to be funded out of
a portion of the proceeds of the General Obligation Bond for Arts & Culture. The ReefLine
Grant Agreement will include an addendum requiring Blue Lab to fulfill the City's
obligations pursuant to the County Agreement, as well as indemnity provisions in favor of
the City and the County consistent with those set forth in the County Agreement. These
indemnity provisions will be supplemental to the standard indemnity provisions already
included in the Grant Agreement Template approved by the Commission pursuant to
Resolution Nos. 2023-32423, 2023-32593 and 2023-32691. The approval by the Mayor
and City Commission for the execution of said Grant Agreement is being requested via a
companion item (item C7 B) included in the September 27, 2023 Commission Agenda.
CONCLUSION
The Administration recommends the adoption of this Resolution approving an Agreement
between the City of Miami Beach and Miami -Dade County for the installation of an artificial
reef within the boundaries of certain previously approved local, state and federal regulatory
permits pursuant to which the County is the permittee; and further, authorizing the
administration to finalize the exhibits to the Agreement; and further authorizing the City
Manager and City Clerk to execute the finalized County Agreement.
Attachments:
A. Permits:
Miami -Dade County (DERM) Class I Permit 2011-CLI-PER-00185
Florida Department of Environmental Protection File No. 13-0402095-002-EG:
Reefline Artificial Reef
Department of the Army Jacksonville District Corps of Engineers File No. SAJ-
2010-01270
B. Artificial Reef Agreement between the County and the City (Subject to final approval
by Miami -Dade County Board of County Commissioners).
ATTACHMENT A
MI�DMADE
March 15, 2023
Miami -Dade County RER
DERM - Restoration & Enhancement Section
c/o Jimmy Morales, Chief Operations Officer
701 NW 1 Court
Miami, Florida 33136
Department of Regulatory and Economic Resources
Environmental Resources Management
701 NW 1 st Court, 6th Floor
Miami, Florida 33136-3912
T 305-372-6567 F 305-372-6407
miamidade.gov
Miami -Dade County Class I Permit 2011-CLI-PER-00185: DERM Restoration & Enhancement Section —
Offshore Artificial Reefs located within the Atlantic Ocean, Miami -Dade County, Florida.
Dear Mr. Morales:
The Department of Regulatory and Economic Resources Division of Environmental Resources Management
(DERM) has reviewed your request to toll the above referenced permit expiration date, which is set to expire on
June 8, 2023. Pursuant to Section 252.363, Florida Statutes; Executive Order Nos. 22-218, 22-219, 22-253, 22-
255, 22-256, 22-268, 23-002, 23-021, and 23-048 (the "Tropical Depression Nine, Subtropical Storm Nicole, and
Hurricane Ian Executive Orders"), DERM hereby grants an extension of time to perform the work through July
15, 2024.
This letter must be attached to the original permit 2011-CLI-PER-00185 as evidence of this permit extension
from DERM. The entire permit shall be kept on -site during any construction work. If you have any questions
regarding the above, please contact me at alhaler@miamidade.gov.
Sincerely,
Rockell Alhale, ERPS
Coastal Resources Section
Division of Environmental Resources Management (DERM)
April 20, 2021
Miami -Dade County RER
DERM - Restoration & Enhancement Section
c/o Sara Thanner
701 NW 1 Court, 5ch Floor
Miami, Florida 33136
Department of Regulatory and Economic Resources
Environmental Resources Management
701 NW 1 st Court, 6th Floor
Miami, Florida 33136-3912
T 305-372-6567 F 305-372-6407
miamidade.gov
Extended on March 15, 2023
Re: Miami -Dade County Class I Permit 2011-CLI-PER-00185: DERM Restoration & Enhancement Section
— Offshore Artificial Reefs located within the Atlantic Ocean, Miami -Dade County, Florida.
Dear Ms. Thanner:
The Department of Regulatory and Economic Resources Division of Environmental Resources Management
(DERM) has reviewed your request to extend the above referenced permit, which will expire on October 20,
2021. Pursuant to Section 252.363, Florida Statutes; Executive Order Nos. 20-52, 20-114, 20-166, 20-192, 20-
213, 20-276, 20-316, and 21-45 (the "Coronavirus Disease 2019 Executive Orders"), DERM hereby grants an
extension of time to perform the work through June 8, 2023.
This letter must be attached to the original permit 2011 -CLI-PER-001 85 as evidence of this permit extension
from DERM. The entire permit shall be kept on -site during any construction work. If you have any questions
regarding the above, please contact me at alhaler@miamidade.gov.
Sincerely,
0144
Rockell Alhale, ERPS
Coastal Resources Section
Division of Environmental Resources Management (DERM)
COUNTY
Miami -Dade County
Department of Regulatory and Economic Resources
Coastal Resources Section
701 N.W. 11t Court, 611 Floor
Miami, FL 33136-3912
MODIFICATION No. 3 TO CLASS I PERMIT 2011-CLI-PER-00185
Permittee: Miami Dade County
RER-DERM Restoration and Enhancement Section
c/o Sara Thanner
Environmental Resources Project Supervisor
701 Northwest 1st Court, 5th Floor
Miami, Florida 33136
Contractor: See Specific Condition Number 2 in the original permit.
Proposed Work
The deployment area and artificial reef location authorized under Modification
No. 2 is modified to be located at the following GPS coordinates and as depicted
on the DERM final approved plans.
•-80007.67333W, 25046.39562N
•-80007.62098W, 25046 38971 N
•-80007.64477W, 25046.29764N
•-80007.57447W, 25046.28313N
•-80007.58277W, 25046.19174N
•-80007.70496W, 25046.14675N
•-80007.68313W, 25046.36993N
After -the -Fact: YES ❑ NO ❑
Fee Amount: $200.00
Bond Amount: N/A
BBEETF Contribution: N/A
Page 1 of 2
Zoning Date: N/A
Structural Date: 5/20/2022
Submerged Lands Authorization Date: 5/3/2022
Issued By: FDEP ❑ DERM ❑ SFWMD ❑ Owner ❑
Permit Conditions
All other specific and general conditions from the original permit
2011-CLI-PER-00185 and associated Modifications No. 1 and No. 2
remain unchanged and in effect.
All work shall be performed in accordance with the plans entitled "THE REEFLINE
ARTIFICIAL REEF PROJECT CITY OF MIAMI BEACH, MIAMI-DADE COUNTY,
FLORIDA" prepared by Jordan P. Cheifet, P.E. #72876, signed and sealed on
March 8, 2022, approved by DERM and in accordance with the conditions of the
Class I Permit.
Coastal Section Review: TB
Issued By: ST
Issue Date: 5/20/2022
THIS MODIFICATION MUST BE ATTACHED TO THE ORIGINAL CLASS I
PERMIT (2011-CLI-PER-00185) AND MODIFICATIONS NO. 1 AND NO. 2 AS
EVIDENCE OF APPROVAL FROM DERM. THE ENTIRE PERMIT AND
MODIFICATIONS SHALL BE KEPT ON SITE DURING ANY CONSTRUCTION
WORK.
Page 2 of 2
40
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FLORIDA DEPARTMENT OF
Environmental Protection
Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
561-681-6600
May 3, 2022
Miami -Dade County
Jimmy Morales, Chief Operations Officer
701 NW 1 st Court
Miami, FL. 33136
Sent via e-mail: thanns(amiamidade.gov
Re: File No.: 13-0402095-002-EG
File Name: Reefline Artificial Reef
Dear Jimmy Morales:
Ron DeSands
Governor
Jeanette NuSez
Lt. Governor
Shawn Hamilton
Secretary
On April 12, 2022, we received your notice of intent to use a General Permit (GP), pursuant to
Rule 62-330.600, Florida Administrative Code (F.A.C.) to construct an artificial reef to create
habitat and serve as a recreational dive/snorkel site. The project boundary spans 15.2 acres. The
first phase of deployment will include the 22 concrete cars with a footprint of 2,353 square feet
(0.05 acres)., within the Atlantic Ocean, a Class III Waters Florida waterbody. The project is
located adjacent to Marjory Stoneman Douglas Ocean Beach Park, located between 2nd and 3rd
Street in South Miami Beach, in Miami -Dade County within the area specified below:
ARTIFICIAL REEF DEPLOYMENT AREA
POINT NO.
X (NAD83)
Y (NAD83)
LONGITUDE (M
DECREE DECIMAL MIN
LATITUDE (N)
DE SPEE DECIMAL MIN
LONGITUDE
DECIMAL.
DE3'REE,;
LATITUDE
DEIIMAL
DESPEE_
1
943166.349
524231.821
-80*07.67333'
25°46.39562'
-80.1278888°
25.7732603°
2
943453.723
524197.939
-80*07.62098'
25°46.38971'
-80.1270163°
25.7731619°
3
943326.948
523639.317
-80*07.64477'
25°46.29764'
-80.1274128°
25.7716273°
4
943713.099
523553.988
-80°07.57447'
25°46.28313'
-80.1262412°
25.7713856°
5
943671.275
523000.044
-80*07.58277
25°46.19174'
-80.1263795°
25.7698623°
6
943002.821
522.723,042
-80*07.70496'
25*46.14675'
-80.1284160°
25.7691125°
7
943113.607
524075.860
-80*07.68313'
25°46.36993'
-80.1280522°
25.7728322°
Your intent to use a general permit has been reviewed by Department staff for three types of
authorizations: (1) regulatory authorization, (2) proprietary authorization (related to state-owned
submerged lands), and (3) federal authorization. The authority for review and the outcomes of
the reviews are listed below. Please read each section carefully.
www.floridadep.gov
Project No.: 13-0402095-002-EG
Project Name: Reefline Artificial Reef
Page 2 of 6
Your project did not qualify for the federal authorization; therefore, additional
authorization must be obtained prior to commencement of the proposed activity. This letter
does not relieve you from the responsibility of obtaining other federal, state, or local
authorizations that may be required for the activity. Please refer to the specific section(s) dealing
with that portion of the review below for advice on how to proceed.
If you change the project from what you submitted, the authorization(s) granted may no longer
be valid at the time of commencement of the project. Please contact us prior to beginning your
project if you wish to make any changes.
If you have any questions regarding this matter, please contact Lucy Brandenburg at the
letterhead address or at (561) 681-6652, Lucy.Brandenburana,FloridaDEP.aov.
1. Regulatory Review — APPROVED
Based on the forms, drawings, and documents submitted with your notice, it appears that the
project meets the requirements for the General Permit under Rule 62-330.600, F.A.C. Any
activities performed under a general permit are subject to general conditions required in Rule
62-330.405, F.A.C. (attached), and the specific conditions of Rule 62-330.600, F.A.C. (attached).
Any deviations from these conditions may subject the permittee to enforcement action and
possible penalties.
Please be advised that the construction phase of the GP must be completed within five years
from the date the notice to use the GP was received by the Department. If you wish to continue
this GP beyond the expiration date, you must notify the Department at least 30 days before its
expiration.
Authority for review- Part IV of Chapter 373, F.S., Title 62, F.A.C. and in accordance with the
operating agreements executed between the Department and the water management districts, as
referenced in Chapter 62-113, F.A.C.
2. Proprietary Review — GRANTED
The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund
(Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands.
The Department has the authority to review activities on sovereign submerged lands under
Chapter 253 of the Florida Statutes (F.S.) and 258, F.S. if located within an aquatic preserve, and
Chapters 18-20 and 18-21 of the Florida Administrative Code
The activity appears to be located on sovereign submerged lands owned by the Board of
Trustees. The activity is not exempt from the need to obtain the applicable proprietary
authorization. As staff to the Board of Trustees, the Department has reviewed the activity
described above, and has determined that the activity qualifies for a letter of consent under
Section 253.77, Florida Statutes, to construct and use the activity on the specified sovereign
submerged lands, as long as the work performed is located within the boundaries as described
herein and is consistent with the terms and conditions herein.
Project No.: 13-0402095-002-EG
Project Name: Reefline Artificial Reef
Page 3 of 6
During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient
upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such
interest is terminated or the Board of Trustees determines that such interest did not exist on the
date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board
of Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you
agree not to assert a claim or defense against the Board of Trustees arising out of this Letter of
Consent.
Please be advised that any use of sovereign submerged lands without specific prior authorization
from the Board of Trustees will be considered a violation of Chapter 253, Florida Statutes and
may subject the affected upland riparian property owners to legal action as well as potential fines
for the prior unauthorized use of sovereign land.
Authority for review - Chapter 253 F.S., Chapter 18-21, F.A.C., and Section 62-330.075, F.A.C.
as required
3. Federal Review- NOT APPROVED
Your proposed activity as outlined on your application and attached drawings does not qualify
for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE
permit or authorization shall be required from the Corps. You must apply separately to the
Corps using the Application for Department of the Army Permit (ENG 4345) or alternative as
allowed by Corps regulations. More information on Corps permitting may be found online in the
Jacksonville District Regulatory Division Sourcebook:
(https://www.sai.usace.anny.mil/Missions/RegulatoD /Source -Books.
Authority for review - an agreement with the USACOE entitled "Coordination Agreement
Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department
of Environmental Protection (or Duly Authorized Designee), State Programmatic General
Permit", Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water
Act.
Additional Information
Please retain this general permit. The activities may be inspected by authorized state personnel
in the future to ensure compliance with appropriate statutes and administrative codes. If the
activities are not in compliance, you may be subject to penalties under Chapter 373, F.S., and
Chapter 18-14, F.A.C.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition
for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the
deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be
final and effective until a subsequent order of the Department. Because the administrative hearing
process is designed to formulate final agency action, the hearing process may result in a modification
of the agency action or even denial of the application.
Project No.: 13-0402095-002-EG
Project Name: Reefline Artificial Reef
Page 4 of 6
Petition for Administrative Hearin
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-
106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following
information:
(a) The name and address of each agency affected and each agency's file or identification
number, if known;
(b) The name, address, any e-mail address, any facsimile number, and telephone number of
the petitioner, if the petitioner is not represented by an attorney or a qualified
representative; the name, address, and telephone number of the petitioner's
representative, if any, which shall be the address for service purposes during the course of
the proceeding; and an explanation of how the petitioner's substantial interests will be
affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so
indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or
modification of the agency's proposed action, including an explanation of how the
alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency's proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, or via electronic correspondence at Agency ClerkAdep.state. fl.us . Also, a copy of the
petition shall be mailed to the applicant at the address indicated above at the time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed
within 14 days of receipt of this written notice. Petitions filed by any persons other than the
applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be
filed within 14 days of publication of the notice or within 14 days of receipt of the written notice,
whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice
of this decision and the right of substantially affected persons to challenge this decision has been
duly published or otherwise provided to all persons substantially affected by the decision. While
you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-
110.106(10)(a).
The failure to file a petition within the appropriate time period shall constitute a waiver of that
person's right to request an administrative determination (hearing) under Sections 120.569 and
120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent
Project No.: 13-0402095-002-EG
Project Name: Reefline Artificial Reef
Page 5 of 6
intervention (in a proceeding initiated by another party) will be only at the discretion of the
presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you
do not publish notice of this action, this waiver may not apply to persons who have not received
written notice of this action.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department's action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, or via electronic correspondence at Agency Clerk dep.state.fl.us , before the deadline for
filing a petition for an administrative hearing. A timely request for extension of time shall toll the
running of the time period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may
also seek appellate review of this order before the Land and Water Adjudicatory Commission
under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water
Adjudicatory Commission must be filed with the Secretary of the Commission and served on the
Department within 20 days from the date when this order is filed with the Clerk of the
Department.
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review
pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of
Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General
Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by
filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the
appropriate district court of appeal. The notice must be filed within 30 days from the date this
action is filed with the Clerk of the Department.
Project No.: 13-0402095-002-EG
Project Name: Reefline Artificial Reef
Page 6 of 6
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Jeffrey Meyer
Environmental Administrator
Southeast District
Enclosures:
General Conditions for All General Permits, Ch. 62-330.405, F.A.C.
Specific General Permit Rule, Ch. 62-330.600, F.A.C.
Special Consent Conditions
General Conditions for Authorizations for Activities on State -Owned Submerged Lands
Project drawings, 5 pages
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this document and all
attachments were sent on the filing date below to the following listed persons:
FDEP — Jeffrey Meyer, Lucy Brandenburg
Gina Chiello, Cummins Cederberg, Inc., ch�na,cumminscederberg com
Additional Mailings:
Lisa Spadafma, Miami -Dade County RER, spadaL2(a),miamidade.gov
Mollie Sinnott, FDEP, Mollie. SinnottAdep.state.fl.us
Keith Mille, FFWCC- Division of Marine Fisheries Management - Artificial Reef Program,
Keith.Millenamyfwc.com
Patrick Connelly, Patrick.Connelly@floridadgp.gov
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S.,
receipt of which is hereby acknowledged.
U--- May 3,202
Clerk Date
with the designated Department Clerk,
62-330.405 General Conditions for All General Permits
The following general permit conditions are binding upon the permittee and are enforceable under
Chapter 373, F.S. These conditions do not apply to the general permit in Section 403.814(12), F.S.
(1) The general permit is valid only for the specific activity indicated. Any deviation from the
specified activity and the conditions for undertaking that activity shall constitute a violation of the
permit and may subject the permittee to enforcement action and revocation of the permit under
Chapter 373, F.S.
(2) This general permit does not eliminate the necessity to obtain any required federal, state,
local and special district authorizations prior to the start of any construction, alteration, operation,
maintenance, removal or abandonment authorized by this permit.
(3) This general permit does not convey to the permittee or create in the permittee any property
right, or any interest in real property, nor does it authorize any entrance upon or activities on
property which is not owned or controlled by the permittee, or convey any rights or privileges
other than those specified in the general permit.
(4) The general permit does not relieve the permittee from liability and penalties when the
permitted activity causes harm or injury to: human health or welfare; animal, plant or aquatic life;
or property. It does not allow the permittee to cause pollution that violates state water quality
standards.
(5) Section 253.77, F.S., provides that a person may not commence any excavation,
construction, or other activity involving the use of state-owned or other lands of the state, the title
to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without
obtaining the required consent, lease, easement, or other form of authorization authorizing the
proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations
from the Board of Trustees prior to commencing activity on state-owned lands.
(6) The authorization to conduct activities under a general permit may be modified, suspended
or revoked in accordance with Chapter 120, F.S., and Section 373.429, F.S.
(7) This permit shall not be transferred to a third party except pursuant to Rule 62-330.340,
F.A.C. The permittee transferring the general permit shall remain liable for any corrective actions
that may be required as a result of any permit violations prior to sale, conveyance, or other transfer
of ownership or control of the permitted project, activity, or the real property at which the permitted
project or activity is located.
(8) Upon reasonable notice to the permittee, Agency staff with proper identification shall have
permission to enter, inspect, sample and test the permitted system to ensure conformity with the
plans and specifications approved by the permit.
(9) The permittee shall maintain any permitted project or activity in accordance with the plans
submitted to the Agency and authorized in this general permit.
(10) A permitee's right to conduct a specific activity under this general permit is authorized
for a duration of five years.
(11) Activities shall be conducted in a manner that does not cause or contribute to violations
of state water quality standards. Performance -based erosion and sediment control best management
practices shall be implemented and maintained immediately prior to, during, and after construction
as needed to stabilize all disturbed areas, including other measures specified in the permit to
prevent adverse impacts to the water resources and adjacent lands. Erosion and sediment control
measures shall be installed and maintained in accordance with the State of Florida Erosion and
Sediment Control Designer and Reviewer Manual (Florida Department of Environmental
Protection and Florida Department of Transportation June 2007), available at
www.dep.state.fl.us/water/wetlands/docs/erp/FLErosionSedimentManual_6_07.pdf, and the
Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department
of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July
2008), available at www.dep.state.fl.us/water/nonpoint/docs/erosion/erosion-inspectors-
manual.pdf.
(12) Unless otherwise specified in the general permit, temporary vehicular access within
wetlands during construction shall be performed using vehicles generating minimum ground
pressure to minimize rutting and other environmental impacts. Within forested wetlands, the
permittee shall choose alignments that minimize the destruction of mature wetland trees to the
greatest extent practicable. When needed to prevent rutting or soil compaction, access vehicles
shall be operated on wooden, composite, metal, or other non -earthen construction mats. In all
cases, access in wetlands shall comply with the following:
(a) Access within forested wetlands shall not include the cutting or clearing of any native
wetland tree having a diameter 4 inches or greater at breast height;
(b) The maximum width of the construction access area shall be limited to 15 feet;
(c) All mats shall be removed within 72 hours after the work commences; and
(d) Areas disturbed for access shall be restored to natural grades immediately after the
maintenance or repair is completed.
(13) Barges or other work vessels used to conduct in -water activities shall be operated in a
manner that prevents unauthorized dredging, water quality violations, and damage to submerged
aquatic communities.
(14) The construction, alteration, or use of the authorized project shall not adversely impede
navigation or create a navigational hazard in the water body.
(15) Except where specifically authorized in a general permit, activities must not:
(a) Impound or obstruct existing water flow, cause adverse impacts to existing surface water
storage and conveyance capabilities, or otherwise cause adverse water quantity or flooding impacts
to receiving water and adjacent lands;
(b) Cause an adverse impact to the maintenance of surface or ground water levels or surface
water flows established pursuant to Section 373.042, F.S., or a Works of the District established
pursuant to Section 373.086, F.S.; or
(16) If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal
implements, dugout canoes, or any other physical remains that could be associated with Native
American cultures, or early colonial or American settlement are encountered at any time within
the project site area, work involving subsurface disturbance in the immediate vicinity of such
discoveries shall cease. The permittee or other designee shall contact the Florida Department of
State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or
(800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall
not resume without verbal or written authorization from the Division of Historical Resources. If
unmarked human remains are encountered, all work shall stop immediately and notification shall
be provided in accordance with Section 872.05, F.S.
(17) The activity must be capable, based on generally accepted engineering and scientific
principles, of being performed and of functioning as proposed, and must comply with any
applicable District special basin and geographic area criteria.
(18) The permittee shall comply with the following when performing work within waters
accessible to federally- or state -listed aquatic species, such as manatees, marine turtles, smalltooth
sawfish, and Gulf sturgeon:
(a) All vessels associated with the project shall operate at "Idle Speed/No Wake" at all times
while in the work area and where the draft of the vessels provides less than a four -foot clearance
from the bottom. All vessels will follow routes of deep water whenever possible.
(b) All deployed siltation or turbidity barriers shall be properly secured, monitored, and
maintained to prevent entanglement or entrapment of listed species.
(c) All in -water activities, including vessel operation, must be shutdown if a listed species
comes within 50 feet of the work area. Activities shall not resume until the animal(s) has moved
beyond a 50-foot radius of the in -water work, or until 30 minutes elapses since the last sighting
within 50 feet. Animals must not be herded away or harassed into leaving. All on -site project
personnel are responsible for observing water -related activities for the presence of listed species.
(d) Any listed species that is killed or injured by work associated with activities performed
shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC)
Hotline at 1(888)404-3922 and ImperiledSpecies@myFWC.com.
(e) Whenever there is a spill or frac-out of drilling fluid into waters accessible to the above
species during a directional drilling operation, the FWC shall be notified at
imperiledspecies@myfwc.com with details of the event within 24 hours following detection of the
spill or frac-out.
(19) The permittee shall hold and save the Agency harmless from any and all damages, claims,
or liabilities which may arise by reason of the construction, alteration, operation, maintenance,
removal, abandonment or use of any activity authorized by the general permit.
(20) The permittee shall immediately notify the Agency in writing of any submitted
information that is discovered to be inaccurate.
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9),
373.4145, 373.418, 403.805(1) FS. Law Implemented 373.044, 373.118(1), 373.129, 373.136,
373.406(5), 373.413, 373.4131, 373.414(9), 373.4145, 373.416, 373.422, 373.423, 373.429,
403.814(1) FS. History —New, 10-3-95, Amended 10-1-07, Formerly 62-341.215, Amended 10-1-
13.
62-330.600 General Permit for the Construction of Artificial Reefs.
(1) A general permit is provided for the construction of an artificial reef by any person,
provided:
(a) The material to be used shall be clean concrete or rock, clean steel boat hulls, other clean,
heavy gauge steel products with a thickness of 1/4 inch or greater, and prefabricated structures that
are a mixture of clean concrete and heavy gauge steel;
(b) The material shall be free of soils, oils and greases, debris, litter, putrescible substances or
other pollutants;
(c) The material shall be firmly anchored to the bottom and shall not be indiscriminately
dumped; and,
(d) The material shall be placed so that the top of the reef does not exceed 1/2 the distance
from the bottom to the surface of the water unless a greater distance from the surface is required
for safe navigation. At no time shall the distance between the top of the reef and the surface of the
water be less than 6 feet.
(2) This general permit shall be subject to the following specific conditions:
(a) The permittee shall conduct a survey of the bottom of the waterbody on which the reef is
to be built and shall submit the survey to the Agency with the notice required in rule 62-330.402,
F.A.C., demonstrating that the bottom does not have submerged grassbed communities, shellfish
or other hardbottom communities, or corals;
(b) There shall be no reefs constructed in bays, lagoons, or estuaries that are less than 12 feet
deep;
(c) There shall be no "white goods" (inoperative and discarded refrigerators, freezers, ranges,
water heaters, washers, and other similar domestic and commercial appliances), asphalt material,
tires, other polluting materials used in construction of the reef;
(d) The site shall be marked with perimeter buoys during construction to ensure that no material
is deposited outside of the site;
(e) The size of the boundaries within which the artificial reef is to be deposited shall not exceed
1/4 nautical mile on any side;
(f) The artificial reef site shall not be established within any shipping lanes; and,
(g) The permittee shall notify the National Ocean Service, National Oceanic and Atmospheric
Administration, U.S. Department of Commerce, Rockville, Maryland, and the Florida Fish and
Wildlife Conservation Commission (FWC), Division of Marine Fisheries Management, via email
at artificialreefdeployments@myfwc.com of the precise location of the reef within 30 days of
placement of the reef material.
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9),
373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131,
373.414(9), 373.416, 373.418, 403.814(1) FS. History —New 10-3-95, Formerly 62-341.600,
Amended 10-1-13.
Special Consent Conditions
1. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and
the State of Florida from all claims, actions, lawsuits and demands in any form arising
out of the authorization to use sovereignty submerged lands or the applicant's use and
construction of structures on sovereignty submerged lands. This duty to indemnify and
hold harmless will include any and all liabilities that are associated with the structure or
activity including special assessments or taxes that are now or in the future assessed
against the structure or activity during the period of the authorization.
2. Failure by the Board of Trustees to enforce any violation of a provision of the
authorization or waiver by the Board of Trustees of any provision of the authorization
will not invalidate the provision not enforced or waived, nor will the failure to enforce or
a waiver prevent the Board of Trustees from enforcing the unenforced or waived
provision in the event of a violation of that provision.
Applicant binds itself and its successors and assigns to abide by the provisions and
conditions set forth in the authorization. If the applicant or its successors or assigns fails
or refuses to comply with the provisions and conditions of the authorization, the
authorization may be terminated by the Board of Trustees after written notice to the
applicant or its successors or assigns. Upon receipt of such notice, the applicant or its
successors or assigns will have thirty (30) days in which to correct the violations. Failure
to correct the violations within this period will result in the automatic revocation of this
authorization.
4. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the
authorization will be paid by the applicant. Any notice required by law will be made by
certified mail at the address shown on page one of the authorization. The applicant will
notify the Board of Trustees in writing of any change of address at least ten days before
the change becomes effective.
S. This authorization does not allow any activity prohibited in a conservation easement or
restrictive covenant that prohibits the activity.
General Conditions for Authorizations for Activities on State -Owned Submerged Lands:
All authorizations granted by rule or in writing under Rule 18-21.005, F.A.C., except those for
geophysical testing, shall be subject to the general conditions as set forth in paragraphs (a) through
(i) below. The general conditions shall be part of all authorizations under this chapter, shall be
binding upon the grantee, and shall be enforceable under Chapter 253 or 258, Part Il, F.S.
(a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation
from the specified activity or use and the conditions for undertaking that activity or use shall
constitute a violation. Violation of the authorization shall result in suspension or revocation of the
grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board.
(b) Authorizations convey no title to sovereignty submerged land or water column, nor do they
constitute recognition or acknowledgment of any other person's title to such land or water.
(c) Authorizations may be modified, suspended or revoked in accordance with their terms or
the remedies provided in Sections 253.04 and 258.46, F.S. or Chapter 18-14, F.A.C.
(d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts
to sovereignty submerged lands and resources.
(e) Construction, use, or operation of the structure or activity shall not adversely affect any
species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-
27.004 and 68A-27.005, F.A.C.
(f) Structures or activities shall not unreasonably interfere with riparian rights. When a court
of competent jurisdiction determines that riparian rights have been unlawfully affected, the
structure or activity shall be modified in accordance with the court's decision.
(g) Structures or activities shall not create a navigational hazard.
(h) Structures shall be maintained in a functional condition and shall be repaired or removed if
they become dilapidated to such an extent that they are no longer functional. This shall not be
construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C.,
within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire.
(i) Structures or activities shall be constructed, operated, and maintained solely for water
dependent purposes, or for non -water dependent activities authorized under paragraph 18-
21.004(l)(g), F.A.C., or any other applicable law.
(8) Pursuant to Section 253.77(4), F.S., federal, state, or local agencies or political
subdivisions, including ports and inland navigation districts, proposing to conduct an activity
which qualifies for an exemption under Part IV of Chapter 373, F.S. or Section 403.813(1), F.S.,
shall be granted a letter of consent or public easement upon receipt of a request and a legal
description of the affected land. However, such grant does not release the entity from compliance
with other applicable provisions of Chapter 18-18, 18-20 or 18-21, F.A.C.
Rulemaking Authority 253.03(7), 253.73 FS. Law Implemented 253.001, 253.03, 253.141, 253.68,
253.72, 253.74, 253.75, 253.77FS. History —New 3-27-82, Amended 8-1-83, Formerly 16Q-21.04,
16Q-21.004, Amended 12-25-86, 1-25-87, 3-15-90, 8-18-92, 10-15-98, 12-11-01, 10-29-03, 12-
16-03, 3-8-04, 10-27-05, 4-14-08, 9-1-09.
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LONGITUDE (WI LATITUDE IN LONGITUDE LATITUDE
POINT NO. X (NAD83) Y (NAD83) DECIMAL DECIMAL
DEGREE DECIMAL MIN. DEGREE DECIMAL MIN. DEGREESDECIMAL
DEGREES
1 943166.349 5242314821-80°07.67333' 25°46.39562'-80.1278888° 25.7732603°
2 943453.723 524197.939 -80*07.62098' 25*46.38971'-80.1270163° 25.7731619°
3 943326.948 523639.317-80*07.64477' 25°46.29764'-80.1274128' 2S.771621:-
4 943713.099 523553.988-80°07.57447' 25°46.28313'-80.1262412° 25.7713856`
5 943671.275 523000.0441 -80*07.58277 1 25*46.19174'-80.1263795° 25.7698623'
6 943002.821 522723.042-80°07.70496' 1 25°46.14675'-80.1284160° 25.7691225'
7 943113.607 524075.860 -80*07.68313' 1 25°46.36993'-80.1280522° 25.7728322'
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CAL
ORDON P. CHEIFET. P.E. 872376
LOCATION MAP
Fig 1
-'- GRAPHIC SCAI L IN
<TH srReer
-.xIkY STONEMAN
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go !
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-�-___(5..00)
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I
PROPOSED ARTIFICIAL REEF
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,. PROPOSED ARTIFICIAL
--�i (h.DC(
DEPLOYMENT AREA
I
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i
REEFLINE
IFICIAL REEF
JECT
F DE C BEACHDADE COUNTY, FIORIOA
[BLUE
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THICKNESS
SEATION
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IETY
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NOTES:
JORDON P. CHEIFET. P.E.972976
1. SEDIMENT DATA COLLECTED BY CUMMINS
CEDERBERG INC. AUGUST 2020.
2. BATHYMETRIC DATA COLLECTED BY CUMMINS
CEDERBERG. INC. AUGUST 2D20.
3. BATHYMETRIC DATA REFERENCE DATUM IS NAVD
i
E
88.
4. IMAGERY COLLECTED FROM ESRI WORLD
IMAGERY DATED MARCH 7D19.
5. BENTHIC SURVEY CONDUCTED BY CUMMINS
CEDERBERG. INC. AUGUST 2D2D.
;
LEGEND:
ARTIFICIAL REEF
DEPLOYMENT AREA
REEFLINE INVESTIGATION
!
T
AREA
® EDGE OF HARDBOTTOM
I
SEDIMENT PROBE ID AND
5A THICKNESS
=
(2,50) SEDIMENT THICKNESS
25� THINKNESS CONTOUR
TITLE
ARTIFICIAL REEF
SEA • ® SS P
SPARSE �570%ATCH
OVERALL
LAYOUT PLAN
• DEBRIS
ARTIFICIAL REEF
EET
Fig 2
�1
r
Q- 125 250
GRAPHIC SCALE IN 1 '
Yu
e�
s
Trrov urn
n N+voee
TM�W ur+E ,
1 PROPOSED ARTIFICIAL REEF
12B DEPLOYMENT LOCATION
( 00)
PROPOSED ARTIFICIAL �� 200) '
DEPLOYMENT AREA
{
SPARSE 3'
Hw (2'X3') �� 00 LONG SINGLE
RUNNER Tt
Hw (8'X2')
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_. 13A
9,50)
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NOTES:
1. SEDIMENT DATA COLLECTED BY CUMMINS
CEDERBERG. INC. AUGUST 2020.
2. SATHYMETRIC DATA COLLECTED BY CUMMINS
CEDERBERG, INC AUGUST 2020.
3. 28ATHY METRIC DATA REFERENCE DATUM IS
NAVD 88.
4. IMAGERY COLLECTED FROM ESRI WORLD
MAGERY DATED MARCH 2O19.
5. BENTHIC SURVEY CONDUCTED BY CUMMINS
CEDERBERG, INC. AUGUST 2M.
6. PROPOSED ARTIFICIAL REEF OPTION 2
LOCATION IS SHOWN AS AN EXAMPLE ONLY.
ACTUAL DEPLOYMENT MAY OCCUR ANY WHERI
WITHIN THE BOUNDARY DEPICTED PROVIDED
SUFFICIENT BUFFER TO EXISTING ARTIFICIAL
REEFS AND SENTHIC RESOURCES IS
MAINTAINED.
ARTIFICIAL REEF
DEPLOYMENT AREA 71
152 ACRES
LEGEND
ARTIFICIAL REEF
DEPLOYMENT AREA
REEFUNE INVESTIGATION
AREA
EDGE OF HARDBOTTOM
SEDIMENT PROBE ID AND
5A
THICKNESS
0(2.50)
SEDIMENT THICKNESS
BATHYMETRIC CONTOUR
•
SEA GRASS PATCH
®
SPARSE,-207L
•
DEBRIS
ARTIFICIAL REEF
REEFLINE
FICIAL REEF
JECT
F MIAMI BEACH,
MDE COUNTY. FLORIDA
LAB
ARTIFICIAL REEF
OVERALL
LAYOUT PLAN
Fig 3
THE REEFLINE
_— ARTIFICIAL REEF
PROJECT
ADDREes
CITY OF MIAMI BEACH,
MIAM4DADE COUNTY. FLORIDA
O: P—,Il Number
BLUE LAB
13�nml�s�w=-ec PRESERVATION
�*_—_---_
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uMl ENGINEERING
II
O NFLORIDAORID 33
31
11
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J PROPOSED ARTIFICIAL
1. DEPLOYMENT AREA
c c NINEG.IEAG—ENr.o,NESE..
d $
a
o e ¢
ARTIFICIAL REEF FIRST K
DEPLOYMENT LAYOUT AREA ' t`
!r I JORDONP. C nEIFET,P.E.#M7fi
2353.8 S.F.
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_
� LEGEND:
0 Lyl I COMPACT VEHICLE
i / ® MIDSIZE VEHICLE 3
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RR
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ARTIFICIAL REEF
FIRST DEPLOYMENT
— _ - --. - -- -- LAYOUT PLAN
26.0' (TYP_)
-_ Fig
19�oo
•,CONCRETE 8 SLABF.
.'T...
I;" PERIMETER BEAM TY,
s
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CONCR 8•SLAB
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r12 PERIMETER�BEAM TYP J ! ••
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FPERIMETER BEAM TYP. •°
MIDSIZE FRONT VIEW
SPORT UTILITY VEHICLE SPORT UTILITY VEHICLE
PROFILE VIEW
FRONT VIEW
THE REEFLINE
ARTIFICIAL REEF
PROJECT
Of tN rl•04
CITY F MIAMI BEACH.
A�`Yt
_
MiAM" ADE COUNTY. FLORIOA
BLUE LAB
w`
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owl
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Fig 5
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
9900 SOUTHWEST 107th AVE, SUITE 203
MIAMI, FLORIDA 33176
July 15, 2022
Regulatory Division
South Permits Branch
Miami/Antilles Permits Section
SAJ-2010-01270(NW-AG)
Miami- Dade County DERM
c/o Jimmy Morales
701 NW 1St Court
Miami, FL 33136
Dear Mr. Morales:
The U.S. Army Corps of Engineers (Corps) has completed the review of your
application for a Department of the Army permit received on 9 April 2021. Your
application was assigned file number SAJ-2010-01270. A review of the information and
drawings provided indicates that the proposed work would result in the modification of a
previously permitted artificial reef deployment area to contain 15.2 acres of submerged
lands. In the first phase of construction, approximately 2,353 square feet (0.05 acres) of
concrete artificial art sculptures consisting of 22 concrete cars will be deployed. The
proposed deployment area has a water depth of -21' mean low water (MLW) and is
required to maintain a minimum vertical clearance of -6 feet MLLW from the top of the
reef profile. Reef materials will be transported to the site via tugboat and/or barge. All
future deployments at this site will be limited to natural or processed calcium carbonate
materials such as limestone boulders, large concrete based materials, or pre -fabricated
concrete artificial reef modules. Unsuitable material including vessels or barges will not
be deployed.
The activities subject to this permit are authorized pursuant to authorities under Section
10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403), and Section 404 of the
Clean Water Act (33 U.S.C. § 1344). The project would affect waters of the United
States associated with open waters of the Atlantic Ocean. The project site is located
approximately 900-1100 feet offshore between 2nd and 4th Street, Miami Beach, FL
33139.
The boundaries of the deployment are listed on the table below:
ARTIFICIAL REEF DEPLOYMENT AREA
POINT NO
X NAD33)
Y (NAD83j
LONGITUDE (W)
DEGREE D6 :MAL MPI
LATITUDE (N)
[ EuREE DECIMAL Mir
LONGITUDE
DECIMAL
LATITUDE
DECVALDEGREES DEGREES
1
943166.349
524231.821
-80*07.67333'
25'46.39562'
-80.1278888'
25.7732603'
Z
943453,723
524197.939
-80'07.62098'
25'46.38971'
-80.1270163'
25.7731619'
3
943326.948
523639.317
-80'07.6447T
25'46.29764'
-80.1274128'
25.7716273'
4
943713.099
523553.988
-80'07.57447'
25*46.28313'
-80.1262412'
25.7713856'
5
943671.275
S23000.044
-80*07.58277
25'46.19174'
-80.1263795'
25.7596623'
6
943002.821
522723,042
-80'07.70496'
25'46.14675'
-80.1284160'
25.7691125'
7
943113.607
524075.860
1 -80*07,6831T
25'46.36993'
-80.1280522'
1 25.7728322'
Your project, as depicted on the enclosed drawings, is authorized by Nationwide
Permit (NWP) 27 (Aquatic Habitat Restoration, Establishment, and Enhancement
Activities). This verification is valid until March 14, 2026. Furthermore, if you
commence or are under contract to commence this activity before the date that the
relevant NWP is modified or revoked, you will have 12 months from the date of the
modification or revocation of the NWP to complete the activity under the present terms
and conditions of this NWP. In order for this NWP authorization to be valid, you must
ensure that the work is performed in accordance with the NWP General Conditions and
the Jacksonville District Regional Conditions, and the General and Project -Specific
Special Conditions listed below. Alternatively, you can access the U.S. Army Corps of
Engineers' (Corps) Jacksonville District's Regulatory Source Book web page for links to
view NWP information at: https://www.saj.usace.armV.mil/Missions/Regulatory/Source-
Book/. Please be aware this Internet address is case sensitive and should be entered
as it appears above. Once there select "Source Book" and then select "Nationwide
Permits." These files contain the description of the NWP authorization, the NWP general
conditions, and the regional conditions, which apply specifically to this NWP verification.
You must comply with all of the special and general conditions for NWP-#, including
any project -specific conditions included in this letter and all conditions incorporated by
reference as described above.
neral Conditions (33 CFR PART 320-330):
1. The time limit for completing the work authorized ends on March 14, 2026.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity, or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort of if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit you must obtain the signature
of the new owner on the transfer form attached to this letter and forward a copy to this
office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you
must comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached if it contains such
conditions.
6. You must allow a representative from this office to inspect the authorized activity
at any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.
Project Specific Special Conditions:
The following project specific special conditions are included with this verification:
1. Reporting Addresses: The Permittee shall reference this permit number,
SAJ-2010-1270 ( NW —AG), on all correspondence. Unless specifically notified to
the contrary, the Permittee shall use the following addresses for transmitting
correspondence to the referenced agencies:
a. For electronic mail (preferred): SAJ-RD-Enforcement(@usace.army.mil (not to
exceed 15 MB). For standard mail: U.S. Army Corps of Engineers, Regulatory
Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.
b. National Oceanic and Atmospheric Administration
Marine Chart Division
Office of Coast Survey, N/CS26, Sta. 7317
1315 East-West Highway
Silver Springs, MD 20910-3282
or email (preferred) at ocs.ndb@noaa.gov
c. Commander, U.S. Coast Guard (USCG)
Sector Miami
d. Florida Fish and Wildlife Conservation Commission
Artificial Reef Program
620 S. Meridian Street, Box 4132
Tallahassee, Florida 32399
or email at artificialreefdeployments@MyFWC.com
2. Permit Conditions Prevail: If information in the permit attachments conflict with the
special conditions of this permit, the requirements of the permit special conditions shall
prevail.
3. Commencement Notification: Within 10 days from the date of initiating the work
authorized by this permit, the Permittee shall submit a completed "Commencement
Notification" form (attached).
4. Initial Agency Notification: The Permittee shall provide to the U.S. Army Corps of
Engineers (Corps), National Oceanic and Atmospheric Administration (NOAA), and U.S.
Coast Guard (USCG) written notification of the planned deployment start date at least 2
weeks prior to the initial deployment on the authorized artificial reef site.
5. Permit Availability: The Permittee shall provide all contractors associated with
construction of the authorized activities a copy of the permit, drawings, and
attachments. A copy of the permit shall be available on the work vessels and at the
construction site at all times.
6. Notification of Work: National Ocean Service (NOS) has been notified of this
authorization. You must notify NOS and this office in writing, at least two weeks before
you begin work and upon completion of the activity authorized by this permit. The post -
construction notification will include "as -built plans", signed and sealed by a registered
surveyor/engineer licensed in the State of Florida, that certify the project is constructed
as authorized; and must include an accurate depiction of the location and configuration
of the completed activity in relation to the mean high water or ordinary high water of the
navigable water. The Permittee shall notify the District Engineer in writing at U.S. Army
Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970,
Jacksonville, FL 32232-0019; and, the NOAA, either in mailed correspondence to
Nautical Data Branch Office of Coast Survey N/CS26, 1315 East-West Highway, Silver
Spring, MD 20910-3282 or by electronic mail correspondence, with the requisite
documents attached, through ocs.ndb@noaa.gov.
7. Assurance of Navigation and Maintenance: The Permittee understands and
agrees that, if future operations by the United States require the removal, relocation,
or other alteration, of the structures or work herein authorized, or if in the opinion of
the Secretary of the Army or his authorized representative, said structure or work
shall cause unreasonable obstruction to the free navigation of the navigable waters,
the Permittee will be required, upon due notice from the U.S. Army Corps of
Engineers, to remove, relocate, or alter the structural work or obstructions caused
thereby, without expense to the United States. No claim shall be made against the
United States on account of any such removal or alteration.
8. Local Notice to Mariners: The contractor is required to contact the United
States Coast Guard office a minimum of 2 weeks prior to commencement and provide
locations affected, equipment, hours of operation, and duration of the project so that the
information can be published in the Local Notice to Mariners.
9. Jacksonville District Programmatic Biological Opinion (JAXBO): Structures and
activities authorized under this permit will be constructed and operated in accordance
with all applicable PDCs contained in the JAXBO, based on the permitted activity.
Failure to comply with applicable PDCs will constitute noncompliance with this permit. In
addition, failure to comply with the applicable PDCs, where a take of listed species
occurs, would constitute an unauthorized take. The NMFS is the appropriate authority to
determine compliance with the Endangered Species Act. The most current version of
JAXBO can be accessed at the Jacksonville District Regulatory Division website in the
Endangered Species section of the Sourcebook located at
htto://www.sai.usace.armv.mil/Missions/Reaulatorv/SourceBook.asox
JAXBO may be subject to revision at any time. The most recent version of these JAXBO
must be utilized during the design and construction of the permitted work.
10. Authorized Reef Materials: No reef materials or module will weigh less than 500
pounds. Reef materials shall be clean and free from asphalt, petroleum, other
hydrocarbons and toxic residues, loose free-floating material or other deleterious
substances. All artificial reef materials and/or structures will be selected, designed,
constructed, and deployed to create stable and durable marine habitat. The Permittee
shall deploy only the following authorized reef materials:
a. Prefabricated artificial reef modules composed of ferrous and/or aluminum -alloy
metals, '/4 inch or more in thickness, concrete, rock, or a combination of these
materials.
b. Natural rock boulders and other pre -cast concrete material such as culverts,
stormwater junction boxes, power poles, railroad ties, jersey barriers, or other
similar concrete material.
c. Clean steel and concrete bridge or large building demolition materials such as
slabs or pilings with all steel reinforcement rods severed as close to the concrete
surface as possible but not to extend more than 6 inches to ensure the rod will
not create a fishing tackle or diver ensnaring hazard.
d. Heavy gauge ferrous & aluminum alloy metal material components or structures,
'/4 inch or more in thickness, such as utility poles and antenna towers.
e. Heavy gauge ferrous and aluminum alloy metal hulled vessels which equal or
exceed 60 feet hull length prepared and deployed in accordance with all
applicable U.S. Coast Guard, U.S. Environmental Protection Agency, Florida
Fish and Wildlife Conservation Commission, or other applicable state or federal
agency regulations or policies. The vessel shall not be deployed until all
necessary inspections and clearances have been obtained or waived and a
stability analysis has been completed demonstrating the vessel will be stable
during a 50-year storm event based on vessel and deployment site
characteristics. The Permittee shall follow the national guidance regarding
preparation of vessels for deployment as artificial reefs which are available at
http-//www.epa.gov/owow/oceans/habitat/artificialreefs/index.html. The Permittee
shall provide a record of all inspections, clearances or waivers to the Corps along
with the pre -deployment notification.
11. Reef Parameters: The Permittee shall deploy all reef materials within the site
boundaries as defined in the final project plans date stamped by the U.S. Army Corps of
Engineers on 14 July 2022 (5 pgs.). A minimum clearance of 6 feet from the top of the
deployed material relative to mean low water (MLW) shall be maintained.
12. Emergency Reef Parameters Notification: In the event reef material is deployed
in a location or manner contrary to the Reef Parameters Special Condition, the
Permittee shall immediately notify the USCG Station and provide information as
requested by the station. The Permittee shall notify NOAA, USCG and Corps in writing
within 24 hours of the occurrence. The written notification shall include but is not limited
to a timeline of events leading to the unanticipated deployment, a description of the
material, a description of the vessel traffic in the area, the deployment location in
nautical miles at compass bearing from obvious landmarks, the location of the
unauthorized material in latitude and longitude coordinates (degree, minute, decimal
minute format to the third decimal place), and the water depth above the material from
MLW. The document will list the information provided by telephone to the USCG as
noted above and include the time of the call and the name of the USCG personnel
receiving the information.
13. Protection of Existing Resources: The Permittee shall not deploy artificial reef
materials until an assessment of the bottom conditions have been accomplished by
diver, submersible video camera, fathometer, depth/bottom sounder (e.g., "fish finder"),
or side -scan sonar. The inspection of the deployment area may occur at the time of
deployment, but no more than 1 year prior to deployment. The Permittee shall maintain
a deployment buffer of at least 200 feet from any submerged beds of seagrasses, coral
reefs, live bottom, areas supporting growth of sponges, sea fans, soft corals, and other
sessile macro invertebrates generally associated with rock outcrops, oyster reefs,
scallop beds, clam beds, or areas where there are unique or unusual concentrations of
bottom -dwelling marine organisms. Should the assessment find any evidence of
cultural/archaeological resources such as sunken vessels, ballast, historic refuse piles,
or careenage areas, the Permittee shall also maintain a deployment buffer of at least
200 feet from any of these resources.
The Permittee shall provide of the information obtained from the assessment to the
Corps no less than 14 days prior to deployment of material on an artificial reef in
conjunction with the pre -deployment notification.
14. Pre -Deployment Notification: No less than 14 days prior to deployment of material
on an artificial reef, the Permittee shall transmit by electronic mail ("email") a complete
and signed "Florida Artificial Reef Materials Cargo Manifest and Pre -Deployment
Notification" form (attached), to the Corps and Florida Fish and Wildlife Conservation
Commission (FWC) to allow inspection of the proposed reef materials as deemed
necessary by the agencies. Inspection is allowable at the staging area. By signing the
Pre -Deployment Notification, the Permittee certifies all materials are free from asphalt,
petroleum, other hydrocarbons and toxic residues. The Permittee shall not deploy
material if notified by the Corps or FWC that the material is questionable. The material
needs to be evaluated before it is released for deployment. Any material deemed
unacceptable for reef material will be disposed in an approved upland disposal site.
Deployment of the material shall not occur until after the end of the 14-day inspection
period. The Permittee shall ensure both a copy of this permit and the signed "Florida
Artificial Reef Materials Cargo Manifest and Pre -Deployment Notification" form are
maintained aboard the deployment vessel at all times during loading, transit, and
deployment.
15. Post -Deployment Placement Report/As-Built Drawing: Within 30 days after
deployment of materials, the Permittee shall transmit by email to the Corps, FWC, and
NOAA a complete and signed "Florida Artificial Reef Materials Placement Report and
Post -Deployment Notification" form (attached). Please note, the Corps requires the
latitude and longitude to be accurate within 5 meters horizontal distance on the post -
deployment report. The report shall include an as -built drawing containing the
approximate deployment configurations and the height of the material after placement.
Depth shall be verified utilizing fathometer, depth sounder, or similar device accurate to
within 1 meter. Also, include information on the condition of the material at the time of
deployment. The report and drawing shall be limited to a few pages per deployment.
Representative photographs and/or video, if available, should be submitted.
16.Ownership/Maintenance/Liability: By signing this permit, the Permittee certifies
and acknowledges ownership of all artificial reef materials deployed on the reef, accepts
responsibility for maintenance of the artificial reef, and possesses the financial ability to
assume liability for all damages that may arise with respect to the artificial reef.
17. As -Built Certification with X-Y Coordinates: Within 60 days of completion of the
authorized work or at the expiration of the construction window of this permit, whichever
occurs first, the Permittee shall submit as -built drawings of the authorized work and
complete the enclosed "As -Built Certification by Professional Engineer or Surveyor"
form, (Attachment X) to the Corps. The drawings shall be signed and sealed by a
registered professional engineer or a professional land surveyor confirming the actual
location of all authorized work/structures with respect to the Federal channel and/or
within the Federal easement and include the following:
a. A plan view drawing of the location of the authorized work footprint (as shown on
the permit drawings) with an overlay of the work as constructed in the same
scale as the attached permit drawings (8'/z-inch by 11-inch). The drawings shall
include the X & Y State Plane coordination points of the most waterward point of
the structure. The drawings shall include the dimensions of the structure, location
of Choose an item, depth of water (at Choose an item low water) at the
waterward end of the structure, and the distance from the waterward end of the
structure to the near design edge of the Federal channel.
b. List of any deviations between the work authorized by this permit and the work
as constructed. In the event the completed work deviates, in any manner, from
the authorized work, describe on the As -Built Certification Form the deviations
between the work authorized by this permit and the work as constructed. Clearly
indicate on the as -built drawings any deviations that have been listed. Please
note the depiction and/or description of any deviations on the drawings and/or
As -Built Certification Form does not constitute approval of any deviations by the
Corps.
c. The Department of the Army Permit number.
18. MANATEE CONDITION: The Permittee shall comply with the "Standard Manatee
Conditions for In -Water Work — 2011," attached to this permit.
19. Agency Changes: Should any other agency require and/or approve changes to
the work authorized or obligated by this permit, the Permittee is advised a modification
to this permit instrument is required prior to initiation of those changes. It is the
Permittee's responsibility to request a modification of this permit from the Miami Permits
Section. The Corps reserves the right to fully evaluate, amend, and approve or deny
the request for modification of this permit.
20. Historic Properties:
No structure or work shall adversely affect impact or disturb properties listed
in the National Register of Historic Places (NRHP) or those eligible for
inclusion in the NRHP.
b. If, during permitted activities, items that may have historic or archaeological
origin are observed the Permittee shall immediately cease all activities
adjacent to the discovery that may result in the destruction of these resources
and shall prevent his/her employees from further removing, or otherwise
damaging, such resources. The applicant shall notify both the Florida
Department of State, Division of Historical Resources, Compliance Review
Section at (850)-245-6333 and the Corps, of the observations within the same
business day (8 hours). Examples of submerged historical, archaeological or
cultural resources include shipwrecks, shipwreck debris fields (such as steam
engine parts, or wood planks and beams), anchors, ballast rock, concreted
iron objects, concentrations of coal, prehistoric watercraft (such as log
"dugouts"), and other evidence of human activity. The materials may be
deeply buried in sediment, resting in shallow sediments or above them, or
protruding into water. The Corps shall coordinate with the Florida State
Historic Preservation Officer (SHPO) to assess the significance of the
discovery and devise appropriate actions. Project activities shall not resume
without verbal and/or written authorization from the Corps.
c. Additional cultural resources assessments may be required of the permit area
in the case of unanticipated discoveries as referenced in accordance with the
above Special Condition and, if deemed necessary by the SHPO or Corps, in
accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based on the
circumstances of the discovery, equity to all parties, and considerations of the
public interest, the Corps may modify, suspend, or revoke the permit in
accordance with 33 CFR Part 325.7. Such activity shall not resume on non-
federal lands without written authorization from the SHPO for finds under his
or her jurisdiction, and from the Corps.
d. In the unlikely event that unmarked human remains are identified on non-
federal lands, they will be treated in accordance with Section 872.05 Florida
Statutes. All work and ground disturbing activities within a 100-meter diameter
of the unmarked human remains shall immediately cease and the Permittee
shall immediately notify the medical examiner, Corps, and State
Archaeologist within the same business day (8-hours). The Corps shall then
notify the appropriate SHPO. Based on the circumstances of the discovery,
equity to all parties, and considerations of the public interest, the Corps may
modify, suspend, or revoke the permit in accordance with 33 CFR Part 325.7.
Such activity shall not resume without written authorization from the SHPO
and from the Corps.
A jurisdiction determination was not completed with this request. Therefore, this is
not an appealable action. However, you may request an approved JD, which is an
appealable action, by contacting the Corps for further instruction.
This letter of authorization does not include conditions that would prevent the 'take'
of a state -listed fish or wildlife species. These species are protected under sec.
379.411, Florida Statutes, and listed under Rule 68A-27, Florida Administrative Code.
With regard to fish and wildlife species designated as species of special concern or
threatened by the State of Florida, you are responsible for coordinating directly with the
Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC
license and permitting webpage (http1/www.myfwc.com/license/wildlife/) for more
information, including a list of those fish and wildlife species designated as species of
special concern or threatened. The Florida Natural Areas Inventory
(http://www.fnai.org/) also maintains updated lists, by county, of documented
occurrences of those species.
This letter of authorization does not give absolute Federal authority to perform the
work as specified on your application. The proposed work may be subject to local
building restrictions mandated by the National Flood Insurance Program. You should
contact your local office that issues building permits to determine if your site is located
in a flood -prone area, and if you must comply with the local building requirements
mandated by the National Flood Insurance Program.
This letter of authorization does not preclude the necessity to obtain any other
Federal, State, or local permits, which may be required.
Thank you for your cooperation with our permit program. The Corps' Jacksonville
District Regulatory Division is committed to improving service to our customers. We
strive to perform our duty in a friendly and timely manner while working to preserve our
environment. We invite you to complete our automated Customer Service Survey at
https://regulatorV.ops.usace.army.mil/customer-service-survey/. Please be aware this
Internet address is case sensitive and you will need to enter it exactly as it appears
above. Your input is appreciated — favorable or otherwise.
Should you have any questions related to this NWP verification or have issues
accessing the documents reference in this letter, please contact Albert Gonzalez at the
letterhead address above, via telephone at 305-779-6055, or via e-mail at
albert.gonzalez@usace.army.mil.
Sincerely,
Albert Gonzalez
Project Manager
Enclosures:
General Conditions
Manatee Construction Conditions
As -Built Certification Form
Permit transfer form
Site plans date -stamped by the Corps on 14 July 2022
NMFS Protected Species Construction Conditions
Florida Artificial Reef Materials Cargo Manifest and Pre -Deployment Form
Florida Artificial Reef Materials Placement Report and Post -Deployment Form
JAXBO Conditions
Commencement Notice
Cc:
Cummins Cederberg, Inc.- gchiello(a)cumminscederberg.com
DERM- thanns(d)miamidade.gov
NOAA- paul.gionis(a)noaa.gov
FWC- keith.mille a.myfwc.com
FWC-christine.kittle(cDmyfwc.com
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Miami- Dade County DERM
File Number: SAJ-2010-01270
Date: July 15, 2022
c/o Jimmy Morales
Attached is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
D
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/CECW/Pages/reg materials.aspx or Corps regulations
at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may (a) modify the permit
to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having
determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send
you a proffered permit for your reconsideration, as indicated in Section B below.
B PROFFERED PERMIT You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may
appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and
sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this
notice.
C PERMIT DENIAL You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice
D APPROVED JURISDICTIONAL DETERMINATION You may acceptor appeal the approved JD or provide new information
• ACCEPT: You do not need to notify the Corps to accept an approved JD Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD.
The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting
the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to
reevaluate the JD.
-2-
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record )
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of
the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the
administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may
provide additional information to clarify the location of information that is already in the administrative record
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the appeal
If you only have questions regarding the appeal process you may
process you may contact
also contact
Phillip Shannin
Enter PM Contact Information
Administrative Appeals Review Officer
USACE — South Atlantic Division
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: 404 562-51377
RIGHT OF ENTRY Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants,
to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site
investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number
Signature of appellant or agent.
DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST
DA PERMIT NUMBER: SAJ-2010-01270 (NW -AG)
When the structures or work authorized by this permit are still in existence at the time
the property is transferred, the terms and conditions of this permit will continue to be
binding on the new owner(s) of the property. Although the construction period for works
authorized by Department of the Army permits is finite the permit itself, with its
limitations, does not expire.
To validate the transfer of this permit and the associated responsibilities associated
with compliance with its terms and conditions, have the transferee sign and date below
and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box
4970, Jacksonville, FL 32232-0019 or submit via electronic mail to.
SAJ-RD-Enforcement(cDusace. army. mil (not to exceed 15 MB).
(TRANSFEREE -SIGNATURE)
(DATE)
(NAME -PRINTED)
(MAILING ADDRESS)
(CITY, STATE, ZIP CODE)
(SUBDIVISION)
(LOT) (BLOCK)
(STREET ADDRESS)
ATTACHMENT B
ARTIFICIAL REEF AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
MIAMI-DADE COUNTY
THIS ARTIFICIAL REEF AGREEMENT ("Agreement") is made and entered into this
day of by and between the City of Miami Beach (hereinafter
referred to as the "City") and Miami -Dade County, a political Subdivision of the State of Florida
(hereinafter referred to as the "County").
WHEREAS, the County, through its Department of Regulatory and Economic Resources, Division
of Environmental Resources Management (hereinafter referred to as "DERM"), manages artificial reef
activities and is the permittee for various local, state, and federal regulatory permits for artificial reefs in
Miami- Dade County outside of Biscayne National Park and Florida Keys National Marine Sanctuary;
and
WHEREAS, the City is requesting to place approximately 188 cubic yards of artificial reef
material at the South Beach Artificial Reef Site; and
WHEREAS, the City is requesting to conduct this artificial reef work under certain local, state,
and federal regulatory permits pursuant to which the County is the penmittee and the County has been
authorized to conduct certain artificial reef work; and
WHEREAS, the County is permitted to conduct artificial reef activities at the South Beach
Artificial Reef Site pursuant to: Miami -Dade County Class I Coastal Construction Permit No. 2011-CLI-
PER-00185; the Florida Department of Environmental Protection (FDEP) General Permit No. 13-
0402095-001-EG, and the United States Army Corps of Engineers (the "Corps") Jacksonville (SAJ)
Permit No. SAJ-2010-01270, as they may be amended from time to time (collectively, the "County
Permits"); and
WHERAS, the City has represented that all of its artificial reef materials, the City's proposed manner
of installation, and all other components of its artificial reef project are in full compliance with all of the
requirements and regulations in the above -referenced County Permits; and
WHEREAS, the City needs the County's authorization to work under the County Permits and place
artificial reef material, and the City has requested such County authorization; and
WHEREAS, the City has presented detailed project plans (defined below as the "Artificial Reef
Plans") for its proposed work, which are exhibits to this Agreement and incorporated by reference, and
the City shall conduct all work consistent with such Artificial Reef Plans; and
WHEREAS, this Agreement allows the City to conduct certain artificial reef work under the
County Permits, pursuant to the conditions and requirements stated herein,
NOW THEREFORE, in consideration of these premises and mutual covenants contained herein,
the parties hereby agree as follows:
Page 1 of 11
1. The foregoing recitals are hereby incorporated into this Agreement and made a part hereof.
2. The City has submitted project plans to the County for the proposed artificial reef work, which
consist, at a minimum, of a Project Plan attached hereto as Exhibit A; a Transit and Construction
Plan attached hereto as Exhibit B; and a Post -Construction Plan attached hereto as Exhibit C
[Any other supplementary attached exhibits deemed necessary by the County shall be attached as
additional exhibits] (hereinafter referred to collectively as the "Artificial Reef Plans"). The
Artificial Reef Plans are incorporated into this Agreement as if fully set forth herein.
3. The Artificial Reef Plans are required to include all the pertinent and necessary information for
execution and authorization to implement the proposed work, and the City agrees and
acknowledges that it has an ongoing obligation under this Agreement to ensure that the
Artificial Reef Plans are up-to-date, complete, and include, at a minimum, all of the minimum
required information as set forth herein.
4. If any information is missing from the Artificial Reef Plans, if information contained therein
is no longer fully accurate or correct, or if changes to the Artificial Reef Plans are needed or
desired for any reason, the City is required to first submit to DERM a written request for an
amendment to said Artificial Reef Plans, and any such amendment shall require written
approval from the DERM Director or DERM Director's designee.
5. The City shall perform all work pursuant to attached Artificial Reef Plans, including all
provisions and components of the attached Artificial Reef Plans, and in compliance with all
requirements in the County Permits. As a courtesy, the County will provide notice to the City
as to relevant changes to the County Permits, but failure by the County to provide such
courtesy notice shall not affect the City's obligations. For avoidance of doubt, the City shall
comply with the most current versions of all County Permits in effect at the time of any work
related to the Artificial Reef Plans.
6. The Project Plan attached as Exhibit A is required to include, at a minimum, the following:
a. Statement as to the purpose and goals of the artificial reef project and how the project will
provide net benefits to the marine environment and stakeholders.
b. Artificial reef project map/plan.
c. Detailed description and/or plans of each proposed unique artificial reef element including
but not limited to material type and dimensions, how each element will be arranged, stacked,
or otherwise secured to one another, and how the material and arrangement complies with
all County Permit conditions.
d. Selected deployment contractor with prior successful artificial reef project experience.
e. Location where artificial reef materials are being built and/or staged prior to deployment.
f. Project budget itemized by task.
g. Proposed project timeline(s) and implementation schedule(s).
7. The Transit and Construction Plan attached as Exhibit B is required to include, at a minimum, the
following:
a. Vessel/Barge specifications (length, draft, etc.) that will be used to transport the artificial
reef material to the deployment site including how these vessels/barges comply with any
Coast Guard standards required for safe transport.
b. Partially completed Florida Fish and Wildlife Conservation Commission Cargo Manifest
(County staff will complete the form after inspection of artificial reef material).
c. Description on how artificial reef material will be loaded and secured on the transporting
vessel in compliance with Coast Guard standards.
d. Travel path from staging site/loading area to and from the artificial reef site and how
Page 2 of 11
impacts to natural resources will be avoided.
e. Anchoring methodologies to position the barge, crane, or other equipment at the
deployment location in areas void of benthic resources.
f. Deployment methodology, including equipment/machinery, that will be utilized to
strategically place artificial reef material to adhere to project plans and permit conditions
and to avoid impact to existing natural or artificial resources in the project area.
g. Construction/deployment schedule detailing the general order of deployments and
estimated time for completion as well as more detailed plans about day-to-day operations.
8. The Post -Construction Plan attached as Exhibit C is required to include, at a minimum, the
following:
a. Description of how final location and relief of artificial reef material will be verified and
documented including the submission of post deployment bathymetric survey depending
on scope and scale of the project.
9. The City shall adhere to and uphold all conditions of all applicable County Permits, including,
but not limited to, the requirements for the placement of artificial reef material within the
approved locations; placement of artificial reef material that is free of contaminants, debris
and solid waste; and placement of artificial reef material without impacting existing natural
resources.
10. It is the City's responsibility to review, be aware of, and comply with all relevant County
Permit conditions and deadlines. As a courtesy, the County will provide notice to the City as
to relevant changes to the County Permits, but failure by the County to provide such courtesy
notice shall not affect the City's obligations.
11. With respect to any written submittals, reports, documentation, including but not limited to
photos or videos, audit, notices, or other written materials that are requested or required
pursuant to any County Permit (collectively, "Reports"), the City shall submit all Reports to
DERM with adequate time for DERM to review and approve prior to the deadlines or
timelines by which DERM would need to submit the respective Report to the respective
agencies, as set forth in the respective County Permits. The County, as the permittee, through
DERM staff, will submit the Reports, after review and approval, to the appropriate permitting
agency, unless the DERM Director or the DERM Director's designee makes a written request
to the City to submit the Reports directly to agencies. Nothing in this Agreement shall
empower or authorize the City to act as an agent of the County, nor is the City authorized to
seek modification of any of the County Permits, or otherwise bind the County in any way.
12. Post -construction, the County will perform routine inspections that are required by the County
Permits and the corresponding reports required by the County Permits. Whether an inspection is
considered a "routine inspection" pursuant to this paragraph shall be determined by the County in
its sole discretion, and the County, upon request by the City, shall advise whether a particular
upcoming inspection is a "routine inspection." Notwithstanding anything to the contrary herein,
an inspection shall not be considered a "routine inspection" if it is in any way related to
construction, installation, corrective action, or violation of this Agreement or the County Permits,
and any such inspection shall remain the obligation of the City.
13. The City shall expeditiously implement and shall be solely responsible for implementing the
attached Artificial Reef Plans, in accordance with all County Permits. The City shall be
responsible for all aspects of the Artificial Reef Plans, with the exception as provided in
Paragraph 11 of the submission of Reports to the respective permitting agencies for the
Page 3 of 11
County Permits. All such Reports to the permitting agencies of the County Permits shall be
made by the County, unless otherwise requested in writing by the County to the City.
14. Notwithstanding anything to the contrary herein, this Agreement shall not authorize the City
to do any work not expressly included in the attached Artificial Reef Plans.
15. To the extent that all or a portion of the work included in the attached Artificial Reef Plans
will require a modification or change to any of the County Permits after the effective date of
this Agreement, the City shall, upon request by the County, prepare all plans and
specifications for any such County Permit modifications or changes. In addition, the City
agrees to reimburse the County, including but not limited to paying the applicable hourly rate
for DERM staff time, for any costs incurred by the County associated with modifying a
County Permit in connection with the Artificial Reef Plans. The County will submit such
requests for reimbursement to the City together with documentation as to such costs.
16. If the City does not comply with any and all of the applicable County Permit conditions and
all provisions of this Agreement and the attached Artificial Reef Plans, including, but not
limited to, the requirement that the City submit all required Reports to the County, the County
may require the City to take corrective actions, as determined the discretion of the DERM
Director or the DERM Director's designee. Such corrective actions may include, but are not
limited to, removing all or part of the placed artificial reef material, providing additional
documentation as required by the respective permitting agencies of the County Permits, and
reimbursing the County for all of the County staff time used in preparing and implementing
any and all corrective actions needed. Any and all corrective actions shall be at the City's sole
cost and expense, including the payment of all associated penalties.
17. Additionally, should a federal, state, or local permitting agency require the County to take
corrective actions, including, but not limited to mitigation, or pay penalties related to actions
or inaction by the City, the City shall be solely responsible for conducting any and all
corrective actions and paying any and all associated penalties as required by the respective
agency or agencies. In addition, City shall, upon written request by DERM, engage in
discussions with the agency requesting these corrective actions and shall keep the County fully
appraised of these discussions and shall consult with the County and obtain written approval
from the DERM Director or the DERM Director's designee prior to performing any
subsequent corrective work under County permits. Any and all corrective actions shall be at
the City's sole cost and expense, including the payment of all associated penalties.
18. The City shall keep records which shall include, but not be limited to, project documents,
contracts, deliverables, and correspondence. All such records will be retained by the City
for not less than five (5) years beyond the end date of this Agreement. This Agreement, with
any appendices and attachments, is a public record and is subject to public inspection under
Chapter 286, Florida Statutes, popularly known as the "Government in the Sunshine Law".
When the City advises the County in writing of the sensitive nature of information claimed to
be proprietary, to the extent that Chapter 286, Florida Statutes, allows proprietary information
to be withheld from public inspection, the County shall respect the sensitive nature of such
proprietary information and not reveal such information only to the extent allowed by law.
19. If the City has questions regarding the application of Chapter 119, Florida
Statutes, to the City's duty to provide public records relating to this Agreement,
contact the custodian of public records at 305-372-6564,
DermRecordsginiamidade.gov, or 701 NW 1st Court, Suite 300, Miami, FL
Page 4 of 11
33136.
To the extent required by applicable law, the City shall:
a. Keep and maintain public records required by County in connection with this Agreement.
b. Upon request from the County's custodian of public records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided by Chapter 119 of the
Florida Statutes, or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
this Agreement and following completion or termination of this Agreement if the City does
not transfer the records to the County.
d. Upon completion or termination of this Agreement, transfer, at no cost, to the County all
public records in possession of the City or keep and maintain public records required by
the County in connection with this Agreement. If the City transfers all public records to the
County upon completion or termination of this Agreement, the City shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the City keeps and maintains public records upon completion
or termination of this Agreement, the City shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County,
upon request from County's custodian of public records, in a format that is compatible with
the information technology systems of County.
20. The City shall provide the County with access to all of its records related to this Agreement
and shall provide such assistance as may be necessary to facilitate the review of such records
by the County. Additionally, all contracts between the City and third parties for work or
materials related to the activities contemplated by this Agreement shall be provided to the
County upon request and the County shall have the right to audit records associated with
these contracts. The County shall have the right to access all records for not less than five (5)
years beyond the end of this Agreement. The City shall make all records or documents which
relate to this Agreement available to the County electronically, if so available.
21. Before commencing any construction work authorized under this Agreement, the City shall
cause the general contractor that will be performing the work encompassed in the Artificial
Reef Plans (the "Project Contractor") to procure, execute, record in the public records of the
County and deliver to the County, a payment and performance bond reflecting the County
and the City as obligees, in satisfaction of the requirements of Section 255.05 of the Florida
Statutes and in satisfaction of the County's and City's bonding requirements, in the full
amount of the proposed work for such project. The requirement that the City cause the Project
Contractor to provide this payment and performance bond is in addition to all other
requirements of this Agreement and shall not be construed as a limitation on the extent of the
City's responsibility or liability pursuant to the indemnification provisions of this
Agreement. The County will provide standard payment and performance bond forms as
needed.
22. The City shall and shall require the Project Contractor to indemnify and hold harmless the County
and its officers, employees, agents and instrumentalities from any and all liability, losses or
damages, including attorneys' fees and costs of defense, which the County or its officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of
actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of this Agreement by the City or its employees, agents, servants, partners principals
Page 5 of 11
or subcontractors. The City shall and shall require the Project Contractor to pay all claims and
losses in connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of the County, where applicable, including appellate proceedings, and
shall pay all costs, judgments, and attorney's fees which may issue thereon. The City expressly
understands and agrees and shall require the Project Contractor to agree that any insurance
protection required by this Agreement or otherwise provided by the City or the Project Contractor
shall in no way limit the responsibility to indemnify, keep and save harmless and defend the
County or its officers, employees, agents and instrumentalities as herein provided.
The City and the Project Contractor shall each furnish to Department of Regulatory and
Economic Resources -Division of Environmental Resources (DERM) (701 NW 1st Court,
Suite 400, Miami FL 33136), Certificate(s) of Insurance which indicate that insurance coverage
has been obtained which meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the City as required by Florida Statute
440.
a. As applicable, such worker's compensation insurance should include coverage
required under the U.S. Longshoremen and Harbor Workers' Act (USL&H) and/or
Jones Act for any activities on or about navigable water.
B. Commercial General/Marine Liability Insurance in an amount not less than $1,000,000
per occurrence, and $2,000,000 in the aggregate, not to exclude Products & Completed
Operations. Miami -Dade County must be shown as an additional insured with
respect to this coverage.
C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles, in
an amount not less than $1,000,000 combined single limit per occurrence for bodily
injury and property damage.
D. Protection & Indemnity insurance for any vessels used in connection with the work, in the
name of the owner of such vessel(s) in an amount not less than $1,000,000 per
occurrence. Miami -Dade County must be shown as an additional insured with respect
to this coverage.
All insurance policies required above shall be issued by companies authorized to do business under
the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "A-" as to management, and no less than "Class
VII" as to financial strength, by Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk
Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest "List
of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by
the State of Florida Department of Financial Services.
NOTE: CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY
III NW 1st STREET
SUITE 2340
MIAMI, FL 33128
Page 6 of 11
Notwithstanding anything to the contrary herein, the County acknowledges that the City may self -
insure for any of the above required coverages and the foregoing provisions are not intended to
waive the City's right to so self -insure pursuant to Section 768.28(16)(a), Florida Statutes and
other applicable law.
23. With respect to any contractor or other entity or organization that performs any of the work, duties,
or other obligations in the Artificial Reef Plans, the City shall require all such contractors, entities,
and organizations to indemnify and hold harmless the County and its officers, employees, agents
and instrumentalities in the same manner as provided in paragraph 22 above. In addition, for any
insurance that the City requires of any contractor or other entity or organization that will be
performing any of the work, duties, or other obligations in the Artificial Reef Plans, the City shall
require such insurance to name the County as an additional insured.
24. The term "City" shall include the City and its agents and employees.
25. Nothing in this Agreement relieves the City from the need to obtain any other local, state or federal
permits or approvals, as may be required.
26. The City shall comply with all present and future applicable laws, ordinances, rules, regulations,
authorizations, orders, and requirements of all federal, state, county and municipal governments,
the departments, bureaus, or commissions thereof, authorities, boards or officers, any national or
local board of fire underwriters, or any other body or bodies exercising similar functions having
or acquiring jurisdiction over all or any part of the Artificial Reef Plans.
27. In the event of a breach of any of the provisions of this Agreement by the City, the County may
pursue correction action and/or terminate this Agreement, and/or seek to enforce any of its
provisions. The remedies that the County may pursue shall be in addition to any other remedy
provided for herein or otherwise allowable by law. To the extent that any artificial reef material
has been placed pursuant to this Agreement, all of the City's obligations and requirements in this
Agreement shall survive the termination of this Agreement.
28. DERM may conduct periodic site inspections of the work to ensure compliance with all the
conditions of the Plans, and the City shall ensure that the County has access to conduct any such
site inspections.
29. This Agreement shall be effective beginning on the date of execution by all parties. The Artificial
Reef Plans may be amended, only after review and written approval by the County, and after being
incorporated into this Agreement through a written amendment.
30. No payment from the County or other consideration from the County is required as part of this
Agreement. The sole consideration provided by the County to the City for the City's placement of
artificial reef material and the work contemplated by this Agreement is the ability of the City and
the City's designee to work under the County Permits as described herein. This is agreed to be
valuable consideration to the City.
31. The City acknowledges and agrees that the County has no obligation or duty to maintain, protect,
preserve, repair, or otherwise care for the artificial reef material included in the Artificial Reef
Plans, and in the event that the County is either required by a regulatory agency or elects to move
or remove any or all of said artificial reef material, the City shall have no recourse whatsoever
against the County and in no event shall the County be liable to the City for damages or any other
form of relief.
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32. Nothing in this Agreement is intended, nor may be construed, to create any rights, confer any
benefits, or relieve any liability, of any kind whatsoever in any third person not a party to this
Agreement.
33. The City cannot assign its obligations under this Agreement to another party, but may enter into
written agreements with third parties to fulfill its obligations hereunder. The County acknowledges
that Blue Lab Preservation Society, Inc. (dba ReefLine) and its contractors, including without
limitation the Project Contractor, will execute the work in furtherance of the City's obligations
hereunder pursuant to written agreement(s), copies of which will be provided to the County. The
City shall remain liable for all of its obligations hereunder.
34. All notices required or permitted to be given under the terms and provisions of this Agreement
by either party to the other shall be in writing and shall be sent by registered or certified mail,
return receipt required, to the parties as follows:
As to the County:
Lisa Spadafina, Assistant Director
Dept. of Regulatory and Economic
Resources-DERM
701 N.W. 1 Court, Suite 400
Miami, Florida 3313 6
As to the City:
Eric Carpenter, Deputy City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7010
With Copy to:
Rafael A. Paz, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7470
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or to such other address as may hereafter be provided by the parties in writing. Notices by
registered or certified mail shall be deemed received on the delivery date indicated by the
U.S. Postal Service on the return receipt.
35. The City shall not make representations about the County's position or role with respect to
this Agreement, including, but not limited to, the work proposed in the attached Artificial
Reef Plans, or make statements on behalf of the County without prior direction and the
County's written approval.
36. Recognizing that artificial reefs are one of the many types of coastal structures that may
affect or otherwise impact the coast, and that coordination and cooperation with the County
is needed so as to avoid the potential for negative impacts, whether from a particular project
or cumulatively, the City agrees to coordinate and cooperate in advance with the County
on all proposed artificial reefs and other coastal structures, wave breaks, jetties, hybrid
reefs, and any other structures to be located in the ocean, whether such structures are
proposed under the County's regulatory permits or another permittee's regulatory permits.
These requirements that the City coordinate and cooperate in advance with the County shall
apply to all of the above -mentioned coastal structures that are proposed, funded, or
otherwise sponsored by the City. Any inadvertent failure to comply with the foregoing
requirements shall not be deemed a breach of this Agreement, provided, however, that the
City has otherwise demonstrated a good faith effort to comply with the requirements of
this paragraph.
37. This Agreement shall be governed and construed in accordance with the laws of the
State of Florida. Any litigation hereunder shall be brought in the Circuit Court of the
Eleventh Judicial Circuit of Miami -Dade County, Florida.
38. (1) Pursuant to section 2-256 of the Code of the City of Miami Beach, the city has
established the office of the inspector general which may, on a random basis, perform
reviews, audits, inspections and investigations on all city contracts, throughout the duration
of said contracts. This random audit is separate and distinct from any other audit performed
by or on behalf of the city.
(2) The office of the inspector general is authorized to investigate city affairs and
empowered to review past, present and proposed city programs, accounts, records,
contracts and transactions. In addition, the inspector general has the power to subpoena
witnesses, administer oaths, require the production of witnesses and monitor city projects
and programs. Monitoring of an existing city project or program may include a report
concerning whether the project is on time, within budget and in conformance with the
contract documents and applicable law. The inspector general shall have the power to audit,
investigate, monitor, oversee, inspect and review operations, activities, performance and
procurement process including, but not limited to, project design, bid specifications,
(bid/proposal) submittals, activities of the contractor, its officers, agents and employees,
lobbyists, city staff and elected officials to ensure compliance with the contract documents
and to detect fraud and corruption.
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(3) Upon ten days' written notice to the contractor, the contractor shall make all requested
records and documents available to the inspector general for inspection and copying. The
inspector general is empowered to retain the services of independent private sector auditors
to audit, investigate, monitor, oversee, inspect and review operations activities,
performance and procurement process including, but not limited to, project design, bid
specifications, (bid/proposal) submittals, activities of the contractor, its officers, agents and
employees, lobbyists, city staff and elected officials to ensure compliance with the contract
documents and to detect fraud and corruption.
(4) The inspector general shall have the right to inspect and copy all documents and records
in the contractor's possession, custody or control which in the inspector general's sole
judgment, pertain to performance of the contract, including, but not limited to original
estimate files, change order estimate files, worksheets, proposals and agreements from and
with successful subcontractors and suppliers, all project -related correspondence,
memoranda, instructions, financial documents, construction documents, (bid/proposal) and
contract documents, back -change documents, all documents and records which involve
cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll
and personnel records and supporting documentation for the aforesaid documents and
records.
(5) The contractor shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and performance
of this contract, for examination, audit, or reproduction, until three years after final
payment under this contract or for any longer period required by statute or by other clauses
of this contract. In addition:
i.If this contract is completely or partially terminated, the contractor shall make
available records relating to the work terminated until three years after any resulting
final termination settlement; and
ii.The contractor shall make available records relating to appeals or to litigation or
the settlement of claims arising under or relating to this contract until such appeals,
litigation, or claims are finally resolved.
(6) The provisions in this section shall apply to the contractor, its officers, agents,
employees, subcontractors and suppliers. The contractor shall incorporate the provisions
in this section in all subcontracts and all other agreements executed by the contractor in
connection with the performance of this contract.
(7) Nothing in this section shall impair any independent right to the city to conduct audits
or investigative activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the city by the contractor or third parties.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized representative(s) on the latest day and year noted below.
CITY OF MIAMI BEACH
City Manager Date
ATTEST:
By:
City Clerk Date
Print Name:
MIAMI-DADE COUNTY
al
Mayor or Mayor's Designee Date
ATTEST: Juan Fernandez-Barquin,
Clerk of the Court and Comptroller
(Deputy Clerk Signature)
Print Name:
Date:
Page 11 of 11
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: September 27, 2023
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY ("COUNTY
AGREEMENT") FOR THE INSTALLATION OF AN ARTIFICIAL REEF
WITHIN THE BOUNDARIES OF CERTAIN PREVIOUSLY APPROVED
LOCAL, STATE AND FEDERAL REGULATORY PERMITS PURSUANT TO
WHICH THE COUNTY IS THE PERMITTEE; AND FURTHER,
AUTHORIZING THE ADMINISTRATION TO FINALIZE THE EXHIBITS TO
THE COUNTY AGREEMENT, AND FURTHER, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE FINALIZED COUNTY
AGREEMENT.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
SUPPORTING SURVEY DATA
N/A
NWNW, I "I
Applicable Area
South Beach
Does this item utilize G.O.
Bond Funds?
Yes
Strategic Connection
Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality
entertainment destination.
Legislative Tracking
G.O. Bond Program
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