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Ordinance 2021-4435 ORDINANCE NO. 2021-4435 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY CODE, ENTITLED "ENVIRONMENT," BY CREATING ARTICLE X, TO BE ENTITLED "WATER QUALITY," TO ESTABLISH THE PURPOSE AND INTENT OF THE ARTICLE; PROVIDE FOR DEFINITIONS; ESTABLISH REQUIREMENTS TO CONTROL, REDUCE, AND PREVENT THE DISCHARGE OF STORMWATER POLLUTANTS; PROHIBIT ILLICIT DISCHARGE (SUBJECT TO CERTAIN EXEMPTIONS); PROVIDE FOR REPORTING OF ILLICIT DISCHARGES; PROVIDE FOR SUSPENSION OF ACCESS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM; ESTABLISH SEDIMENT AND EROSION CONTROL REQUIREMENTS; PROVIDE FOR PERMIT REVIEW, APPROVAL, AND CONDITIONS; AND PROVIDE FOR ENFORCEMENT AND PENALTIES; AND BY AMENDING APPENDIX A, "FEE SCHEDULE," TO PROVIDE FOR AN ENVIRONMENTAL REVIEW FEE; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach ("City") is located on barrier islands surrounded by the Atlantic Ocean, the Biscayne Bay Aquatic Preserve, and an interconnected system of waters that provide habitat for fish and wildlife, opportunities for recreation, and an enhanced quality of life; and WHEREAS, the City has determined that illicit discharges to the stormwater system result in the damage and loss of natural resources, including the degradation of water quality; and WHEREAS, the City has determined that certain land-disturbing activities accelerate the process of soil erosion and expose sediment to surface stormwater runoff, resulting in the damage and loss of natural resources, including the degradation of water quality; and WHERAS, sedimentation, which is the process by which sediment resulting from accelerated erosion is transported off the site of the land-disturbing activity, introduces excess nutrients, suffocates sea grass, blocks sunlight, inhibits photosynthesis, and depletes oxygen levels in the Bay; and WHEREAS, the discharge of pollutants directly or via stormwater runoff into Biscayne Bay and surrounding water bodies degrades water quality and poses a public health risk; and WHEREAS, storm drains that overflow, or are not properly protected or maintained, can permit an accumulation of pollutants to enter the stormwater system and discharge into Biscayne Bay and its interconnected waterways; and WHEREAS, on December 10, 2020, Miami-Dade County released the Report on Development and Implementation of an Annual Report Card Program on the Health of Biscayne Bay which, in pertinent part, concluded that the health of the Bay is largely driven by water quality; and' WHEREAS, as an operator of Municipal Separate Storm Sewer Systems ("MS4")-and a co-permittee of National Pollution Discharge Elimination System ("NPDES") Permit No. FLS000003, the City is required to prohibit illicit discharges, illicit connections, improper disposal and illegal dumping into the stormwater system, and required to implement and enforce sediment and erosion reducing best management practices; and WHEREAS, it is in the best interest of the City to enact this ordinance to safeguard persons, protect property, and prevent damage to the City's environment; and WHEREAS, the quality of the City's waterways, Biscayne Bay, and the Atlantic Ocean is critical to environmental, economic, and recreational prosperity, and to the health, safety and welfare of the citizens of the City of Miami Beach. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Chapter 46 of the Code of the City Miami Beach is hereby amended to create Article X thereof, to be entitled "Water Quality," as follows: CHAPTER 46 ENVIRONMENT ARTICLE X.WATER QUALITY Sec. 46-231. Purpose and Intent. The purpose of this article is to safeguard persons, protect property, and prevent damage to the environment, Miami Beach's surface waters, and Biscayne Bay through the regulation of non- stormwater discharges and pollutants into the City's municipal separate storm sewer system (MS4), Biscayne Bay, and surface waters, to the maximum extent practicable. Sec. 46-232. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Best Management Practices("BMPs") mean measures, practices, prohibition of practices, schedules or activities, general good housekeeping practices, maintenance procedures, educational practices, and/or devices which are generally accepted within an industry as being effective, to reduce erosion from occurring on a disturbed site, preventing sedimentation from occurring on an adjacent property or within a waterway, or preventing the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. Construction means the act of creating or maintaining stockpiles of soil or other material which are erodible if exposed to water or wind and are capable of generating dust; or developing or improving public or private land, including without limitation the removal of surface cover, disturbance of soils, clearing, grading, demolition, and/or excavation. Demolition means the partial, substantial, or complete removal or destruction of any structure, building or improvement. Page 2 of 11 Development or development activity means(i)the construction, installation, demolition, or removal of a structure; (ii) clearing, scraping, grubbing, killing or otherwise removing vegetation from a' site; and/or (iii) adding, removing, exposing, excavating, leveling, grading, digging, furrowing, dumping, piling, dredging, or otherwise significantly disturbing soil,:mud, sand, or rock of a site. Environmentally sensitive area means landscape elements or places which are vital to the long-term maintenance of biological diversity, soil, water, or other natural resources whether on a specific site or in'a regional context. These areas shall include but not be limited to all wetlands, open water bodies, dunes, and beaches. Erosion means the detachment, transport; and deposition of particulate matter by the action of wind, water, or gravity. Exfiltrationmeans a stormwater, management procedure, . which storesrunoff in a subsurface collection system and disposes of it by percolation into the surrounding soil. Grading means any stripping, 'excavating, filling, stockpiling, or combination thereof, including the land in its excavated or filled condition. ' Hazardous materials means any material, including any substance,waste, or combination thereof; which because of its quantity, concentration; or physical, chemical, or infectious characteristics may cause, or significantly'contribute to, a substantial present orpotentialhazard to humanhealth, safety, property, or the . environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illicit connection:means either of the following:(i) any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4 including but not limited to any conveyance that allows any non-storm water discharge, including sewage, process wastewater, and wash water toenter the storm drain system and any connections to the MS4 from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted; or approved by the public works department; or (ii) any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by the City. Land-disturbing activities means any activity which may result in soil erosion from water or wind and the movement of sediments or pollutants into surface waters or lands, or activity that may result in a change to the existing soil cover, including, but not limited to, clearing, dredging, grading, excavating, transporting, demolition,:and filling of land. Municipal separate storm sewer system or MS4 means the conveyance or system of conveyances that is owned and operated by the City of Miami Beach, and is designed or used to collect or convey stormwater(e.g.,storm drains, pipes, and/or ditches): Non-hazardous waste means all waste materials not specifically deemed hazardous under Title 40; Parts 260-273 of the Code of Federal Regulations, which are considered.nonhazardous wastes. Non-structural controls mean BMPs that include collecting trash and debris, sweeping up nearbysidewalksand streets, maintaining equipment, and training site staff on erosion and sediment control practices. Page 3of11 Off-site sedimentation means the transport of sediment across boundaries of a land- disturbing activity, resulting in deposition of such materials in any lake or natural watercourse or on any land, public or private, not owned by the person responsible for the land-disturbing activity. Operator means any party that has (i)operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications and/or (ii) day-to-day operational control of any activities that are necessary to ensure compliance with a sediment and erosion control plan for the site or other permit conditions imposed by the City. Person means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity_. Pollutant means anything that causes or contributes to pollution. Pollutants may include but are not limited to chemicals, paints, varnishes, degreasers and solvents; antifreeze, oil and other automotive fluids or petroleum products; diesel fuel, non-hazardous and toxic liquid and solid wastes; sanitary sewage; heated water, chemically treated cooling water or other water; acids of alkalis; lawn clippings, leaves, branches, or yard trash; animal carcasses; pet waste; dyes; laundry waste or soaps; construction materials; pool water; effluent from boats, vessels, and other recreational watercraft; refuse, rubbish; garbage, litter, sediment, or other discarded or abandoned objects, and accumulations, so that the same may cause or contribute to pollution; pesticides; herbicides; fertilizers; hazardous substances and wastes; sewage; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Pollution means the contribution of pollutants to any land, the MS4, Biscayne Bay, or surface waters. Sediment and erosion control plan means a plan for the control of soil erosion, sedimentation of waters, release of pollutants into waterbodies or the MS4, and runoff resulting from land-disturbing activity. Sediment means a solid material, whether organic or inorganic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, or gravity as a product of erosion. Sedimentation means the process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity and onto adjacent public or private property or into a waterbodv. Solid waste includes bulky waste, commercial refuse, garden trash, tree and shrubbery, garbage, refuse, rubbish, special handling trash, trash, hazardous waste, biohazardous waste, industrial waste, residential refuse, white goods, or other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from domestic, industrial, commercial, mining, or agricultural operations. Stabilize means to establish groundcover sufficient and adequate to prevent erosion. Stormwater means the flow of water which results from, and which occurs immediately following, a rainfall event. Page 4 of 11 Stormwater pollution prevention plan ("SWPPP") means a written plan required for construction projects proposing to disturb an area equal to or greater than one (1) acre of land, which plan is submitted by the applicant and approved by the City, and which identifies a strategy to minimize stormwater runoff that will be generated by the project. The SWPPP shall be consistent with the guidelines in the Florida Stormwater, Erosion, and Sedimentation Control Inspector's Manual published by the Florida Department of Environmental Protection. Structural controls means structural BMPs such as silt fences, sedimentation ponds, erosion control blankets, and temporary or permanent seeding. Surface waters, or water(s), or waterway means waters on the surface of the earth, contained in bounds created naturally or artificially, including the Atlantic Ocean, bays, bayous, sounds, estuaries, lagoons, lakes, ponds, impoundments, rivers, streams, springs, creeks, branches, sloughs, tributaries, canals, ditches, and other watercourses. Sec. 46-233. Requirements to prevent, control, and reduce stormwater pollutants by the use of best management practices. The City shall require the use of best management practices (BMPs) for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system, Biscayne Bay, or surface waters. The owner or operator of a residential, commercial or industrial establishment, or construction site, shall provide or establish, at the expense of the owner or operator, reasonable protection or safeguards from accidental discharge of prohibited materials or other wastes into the MS4, Biscayne Bay, and/or surface waters, through the use of structural and non-structural BMPs. Furthermore, the property owner or operator responsible for a property which is or may be the source of an illicit discharge, may be required to implement, at said person's or entity's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the City's MS4. An illicit discharge that occurs despite compliance with BMPs is a violation of this section, except if such discharge is permitted under section 46-235. Sec. 46-234. Illicit discharge. )a,) No person shall throw, drain, or otherwise discharge, cause, or cause others under such person's control to discharge into the City's MS4, right-of-way, Biscayne Bay, or surface waters, any pollutants or waters containing pollutants, whether such discharges occur directly into a waterbody, through piping connections, runoff, exfiltration, infiltration, seepage, or leaks. No person may maintain, use, or establish, any direct or indirect connection to the City's MS4 that results in any discharge in violation of any provision of Federal, State, or Local governmental law, rule, or regulation. Sec. 46-235. Illicit discharge exemptions. The following activities shall be exempt from the requirements of this article, but only to the extent that the discharge meets state water quality standards, and does not significantly contribute pollutants into the MS4, as determined by the code compliance department and/or environment and sustainability department: 1. Water line flushing., Page 5 of 11 2. Discharges from potable water sources; 3. Air conditioning condensate; 4. Irrigation water; 5. Water from crawl space pumps; 6. Footing drains; 7. Lawn watering; 8. Discharges or flows from emergency firefighting activities; 9. Reclaimed water line flushing authorized pursuant to a permit issued under the authority of Chapter 62-610, Florida Administrative Code; and 10. Uncontaminated roof drains. Sec. 46-236. Reporting of illicit discharges. Notwithstanding other requirements of law, any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, upon learning of any known or suspected release of materials which are resulting or may result in an illegal discharge of a pollutant into stormwater, the MS4, Biscayne Bay, or surface waters, shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event that hazardous materials are released said person shall immediately notify the State Warning Point of the Florida Department of Environmental Protection and the City's Environment and Sustainability Department. In the event that only non- hazardous materials are released, said person shall immediately notify the Environment and Sustainability Department. If the discharge emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. Sec. 46-237. Suspension of access to the Municipal Separate Storm Sewer System. The City may suspend access to the MS4 if either one of the following situations occurs: 0) Suspension due to illicit discharges in emergency situations. The City,without prior notice, may suspend any person's access to the MS4 in order to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4, Biscayne Bay, or surface waters Suspension due to detection of illicit discharge. Any person discharging into the MS4 in violation of this article may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. Sec. 46-238. Sediment and erosion control requirements. Any person conducting a land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity, consistent with the requirements of this article. Additionally, any such person shall be held responsible for knowing and abiding by the requirements of this article. 112) All construction work, including work in an area less than one(1)acre in size, that has the potential to impact the City's MS4, Biscayne Bay, surface waters, and/or adiacent Page 6 of 11 properties, is required to employ sediment and erosion control measures that are in accordance with the Florida Department of Environmental Protection ("FDEP") Florida Storm Water Erosion and Sedimentation Control Inspector's Manual, latest revision, to maintain water quality standards in accordance with Miami Dade County Department of Environmental Resource Management ("DERM") standards and Florida Administrative Code Chapter 62-302. ( All construction activity that results in the disturbance of an area equal to or greater than one (1) acre is required to obtain coverage under the FDEP Generic Permit for Storm Water Discharge from Large and Small Construction Activities (Construction Generic Permit f"CGP"1). The notice of intent("NOI"), any correspondence, the acknowledgement letter granting coverage under the CGP, a copy of the CGP, erosion control plans, SWPPP, and all completed inspection forms and other documentation required by the CGP shall be available at the site at all times and made available to the City Manager or any other City official or inspector until land-disturbing activities have been completed. The contractor shall always have at least one (1) person on-site during work activities who is certified through the Florida Stormwater, Erosion and Sedimentation Control Inspector Training Program. All construction activity that involves the alteration of surface water flows is required to obtain coverage under the FDEP Environmental Resource Permit f"ERP"1. An affidavit, in a form prescribed by the City, that is signed by the property owner and certified contractor acknowledging the parties' obligations to implement a sediment and erosion control plan that meets the standards of this article, and evidences the parties' agreement to maintain the plan for the duration of the construction phase shall be submitted with a building permit application ("Construction Site Sediment and Erosion Control Affidavit"). In order to obtain a building permit for any land-disturbing activity, an environmental plan review by the Environment and Sustainability Department shall be required to ensure sediment and erosion controls are included in the plans. A review fee as set forth in Appendix A shall be assessed for any land-disturbing activity with a valuation of$250,000 or more, as determined by the building official. LO Construction entrance(s) shall be stabilized wherever traffic will be leaving a construction site and traveling on paved roads or other paved areas within the site that is open to the public. ig.) Any sediment that is tracked onto road pavement shall be removed immediately (prior to the end of each workday). 11) Pavement shall not be cleaned by washing/flushing street unless proper drain protection is in place to prevent discharges into the MS4. In All sediments/soils shall remain on site. Page 7 of 11 Q) Perimeter protection, including a staked silt fence where applicable, is required for all development or redevelopment activities. l') Catch basin inserts are to be used to prevent sediments from entering drainage system. Inserts are to be inspected and cleaned weekly and after each rainfall event. (j) If water truck is used to control dust on dirt/graded areas only, water truck will only drop enough water to control the dust or reach the optimum moisture content of the soil for compaction. No run-off is to be generated. Controlling dust on paved roadways will be done by use of a sweeper with water-let sprayers. Only enough water should be applied to control dust while sweeping. Sprayers shall not generate runoff into catch basins. fru All disturbed areas of the site shall be vegetated or otherwise temporarily stabilized until construction completion. Sediment/soil erosion entering the right-of-way, adjacent private property, or waterbody shall be prohibited. fp) Sediment/soil erosion from uplands into environmentally sensitive areas shall be prohibited. Dumping or piling vegetative debris or clippings in right-of-way or environmentally sensitive areas shall be prohibited. Tracking sediment or soil onto a roadway shall be prohibited. Floating turbidity curtains labeled with the name of the contractor shall be required for construction or development activities occurring in or adjacent to a waterway, or that may cause sedimentation of the adjacent waterway. Sec. 46-239. Enforcement and penalties. Any fines and fees collected under this article shall be (i) deposited in the Miami Beach Biscayne Bay Protection Trust Fund, established in section 46-230, and (ii) used by the City for the administration, education, and enforcement of this article, or to further water conservation, nonpoint pollution prevention activities, water quality improvements, and marine and coastal ecosystems enhancements that protect the City's water resources and Biscayne Bay. If a code compliance officer finds a violation of section 46-234 and/or 46-238 of this article, the code compliance officer shall issue a notice of violation. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paving the fine, that the violation may be appealed by requesting an administrative hearing before a special master within ten (10) days after service of the notice of violation, and that the failure to appeal the violation within ten (10) Page 8 of 11 days of service shall constitute an admission of the violation and a waiver of the right to a hearing. Each act or violation and each day upon which any violation shall occur shall constitute a separate offense. Such notice may also require: a. The performance of monitoring, analyses, and reporting; b. The elimination of illicit connections or discharges; c. That violating discharges, practices, or operations shall cease and desist; d. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property at the violators expense; e. The implementation of source control or treatment BMPs; and/or f. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. A violator who has been served with a notice of violation must elect to either 1. Pay the following civil fine: tea) First violation within a 12-month period $500.00; L) Second violation within a 12-month period $1,000.00; () Third or subsequent violation within a 12-month period $5,000.00; or 2. Request an administrative hearing before a special master to appeal the notice of violation, which must be requested within ten (10)days of the service of the notice of violation. The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30-72 and 30-73 of this Code.Applications for hearings must be accompanied by a fee as approved by a resolution of the City commission, which shall be refunded if the named violator prevails in the appeal. Failure to pay the civil fine, or to timely request an administrative hearing before a special master, shall constitute a waiver of the violator's right to an administrative hearing before the special master, and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly. Unpaid fines shall accrue interest at the highest legal limit authorized by law. le) A certified copy of an order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After three months following the recording of any such lien that remains unpaid, the City may foreclose or otherwise execute upon the lien for the amount of the lien, plus accrued interest, collection costs, and attorneys' fees. Page 9 of 11 �f The special master shall be prohibited from hearing the merits of the notice of violation or considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within ten (10) days of the service of the notice of violation. The special master shall not have discretion to alter the penalties prescribed in this article. Any party aggrieved by a decision of a special master may appeal that decision to a court of competent iurisdiction. The violator shall be required to pay any fines or costs of mitigation associated with any water quality control violation issued by an agency to the City because of the violator's failure to eliminate turbid runoff from a site and/or any activity that raises background levels of turbidity above existing background levels. The violator is responsible for reimbursement to the City of all investigative and cleanup costs incurred by the City. Costs shall include, but are not limited to, costs associated with equipment operation and maintenance associated with the investigation, materials used in the investigation, personnel, contract services,waste disposal, laboratory fees, and any other Environment and Sustainability Department labor costs. The City shall issue an itemized invoice with all reimbursable costs to the violator. SECTION 2. That Appendix A, entitled "Fee Schedule," is hereby amended as provided in "Exhibit A" to this Ordinance. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the 1 day of 74 ujus , 2021. PASSED AND ADOPTED this .A day of 1 y , 2021. ATTEST: �' Z 2at.` Dan Gelber, Mayor Rafael E. Granado, it Clerk APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION (Sponsored by Commissioner Micky Steinberg) `,,,,, ,, City Attorney L) -- Date �� ,.,,r • Page 10 of 11 Exhibit "A" APPENDIX A- FEE SCHEDULE Pursuant to section 1-15 of this Code, this appendix includes all fees and charges established by the city commission that are referred to in the indicated sections of the Code of Ordinances. Certain specified fees and charges, as identified herein, shall be subject to annual adjustment by the city manager, pursuant to the provisions of section 1-15 and this Appendix "A". A schedule of all current city fees and charges as set forth in Appendix "A" shall be maintained on the city's website. Annual Adjustment Section of this Amount (Sales tax (References shown Code Description or other taxes may are defined at the apply) end of this Appendix A) Chapter 46. Environment * * * Article X. Water Quality 46-238 (e) Environmental Plan Review $144.00LAI Fee Page 11 of 11 Agenda Item RST. Date 1-a$- ( MIAMI BEACH . City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission FROM: Alina T. Hudak, City Manage `�1 DATE: July 28, 2021 SUBJECT: CORRECTION TO FINANCIAL INFORMATION R5 I "WATER QUALITY" ORDINANCE INTRODUCTION The financial information that was published in the July 28, 2021 Commission agenda is reflective of the version of the Ordinance that went to first reading on June 23, 2021. Under this version, all land distributing activities seeking a building permit would be subject to an environmental review fee of$144. The version of the Ordinance going to Second Reading on July 28, 2021 requires that only those land disturbing activities which value $250,000 or more seeking a building permit be subject to the $144 environmental review fee. These activities are anticipated to have a greater impact to Biscayne Bay and the City's storm water system. The financial information published in the agenda overestimates the amount that would be generated by the environmental review and does not reflect the updated criteria for those permits subject to the review fee. FISCAL ANALYSIS Fines collected will be deposited into the Miami Beach Biscayne Bay Protection Trust Fund dedicated to further water conservation, nonpoint pollution prevention activities, water quality improvements, and marine and coastal ecosystems enhancements. Contribution to this Fund, established by the City's Fertilizer Ordinance, is an important step in protecting Biscayne Bay. All fees collected from the environmental review for sediment and erosion control shall be first utilized to fund administrative expenditures in managing this Ordinance. Any additional funds shall be placed in the Biscayne Bay Protection Trust Fund. In 2019, there were a total of 585 individual building permits proposing land disturbing activities, which projects were valued at $250,000.000 or more, and could have been applicable to the proposed Ordinance. Such permits are subject to an environmental review fee as they are anticipated to have a greater impact to the City's stormwater system and Biscayne Bay. Revenues generated by environmental review fees are estimated to be approximately$85,000.00 per year, according to the 2019 data. The Ordinance is not anticipated to have an impact on the City's resources. Code Compliance currently responds to illicit discharge occurrences; however, the existing code does not have specific provisions related to illicit discharges. This Ordinance will allow for more streamlined compliance. The Building Department currently issues stop work orders as part of their normal operations. The Environment and Sustainability Department is already completing environmental plan review for all land disturbing activities. The proposed changes now require a review fee of $144 to those projects with land disturbing activities valued at $250,000.00 or more. These collected fees will help offset existing administrative costs. Ordinances - R5 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: July 28, 2021 10:45 a.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY CODE, ENTITLED "ENVIRONMENT," BY CREATING ARTICLE X, TO BE ENTITLED "WATER QUALITY," TO ESTABLISH THE PURPOSE AND INTENT OF THE ARTICLE; PROVIDE FOR DEFINITIONS; ESTABLISH REQUIREMENTS TO CONTROL, REDUCE, AND PREVENT THE DISCHARGE OF STORMWATER POLLUTANTS; PROHIBIT ILLICIT DISCHARGE (SUBJECT TO CERTAIN EXEMPTIONS); PROVIDE FOR REPORTING OF ILLICIT DISCHARGES; PROVIDE FOR SUSPENSION OF ACCESS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM; ESTABLISH SEDIMENT AND EROSION CONTROL REQUIREMENTS; PROVIDE FOR PERMIT REVIEW, APPROVAL, AND CONDITIONS; AND PROVIDE FOR ENFORCEMENT AND PENALTIES; AND BY AMENDING APPENDIX A, "FEE SCHEDULE," TO PROVIDE FOR AN ENVIRONMENTAL REVIEW FEE; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY,AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends the adoption of the attached Ordinance. BACKGROUND/HISTORY The illicit discharge of pollutants and hazardous materials poses an environmental and public health risk. Land-disturbing activities, such as construction and demolition, accelerate the process of soil erosion and expose sediment to surface stormwater runoff, resulting in the damage and loss of natural resources, including the degradation of water quality in Biscayne Bay. On May 26, 2021, the Land Use and Sustainability Committee (LUSC)discussed the adoption of an ordinance to address sediment and erosion controls and illicit discharge to reduce the harmful impacts to the municipal separate stormwater system and Biscayne Bay. The LUSC referred the proposed attached Ordinance by acclamation to City Commission for first reading. ANALYSIS. The health of Biscayne Bay is critical to the environmental, recreational, cultural, and economic well-being of the community.Although the challenges facing the Bay are complex and regional in Page 935 of 2012 nature,the City of Miami Beach plays an important role in its protection and preservation. In 2019, Miami-Dade County Board of County Commissioners created the Biscayne Bay Task Force (BBTF)to study the causes of the degradation of the bay and develop recommendations on how to address these issues. I n August 2020, BBTF released Report and Recommendations:A Unified Approach to Recovery fora Healthy&Resilient Biscayne Bay. Of the 62 recommendations, 44 are applicable to Miami Beach. On December 10, 2020, Miami-Dade County released the first Report on Development and Implementation of and Annual Report Card Program on the Health of Biscayne Bay. It found that the areas adjacent to Miami Beach, Southern North Bay (SNB) A and B, were both ranked poor. Miami-Dade County released its second Annual Report Card on the Health of Biscayne Bay on this year's Earth Day, April 22, 2021. It revealed the same trend of poor health in Northern Biscayne Bay and concludes that the health of the Bay is largely driven by water quality. The City's stormwater management strategy is part of the requirements of the National Pollution Discharge Elimination System (NPDES) permit program, which was created in 1972 by the Clean Water Act. The NPDES permit program addresses water pollution by regulating point sources that discharge pollutants to waters of the United States. Miami Beach is one of 32 municipal co-permittees with Miami-Dade County for NP DES Permit No. FLS000003, that own and operate Municipal Separate Storm Sewer Systems (MS4s). As an MS4 operator and NPDES co-permittee, the City should utilize its legal authority to control the quality of stormwater discharge into Biscayne Bay and surrounding waterways, which are critical to environment, economic, and recreational property of the City of Miami Beach. The City's Environment and Sustainability Department reviews building permits when land disturbing activities are proposed, including demolition. During this review, staff requires that plans include sediment and erosion control notes to ensure that construction site operators use best management practices to reduce the erosion of soils. Soil erosion exposes sediment, allowing it to enter the right-of-way, our stormwater system, and eventually Biscayne Bay. The Environment and Sustainability Department has an environmental inspector who inspects construction sites to ensure sediment and erosion controls are properly employed and works closely with Building Department officials to ensure compliance. Building Department Officials are able to enforce the absence of sediment and erosion controls when such notes are included in plans. However, as City Code does not explicitly address construction site requirements for sediment and erosion controls or illicit discharges, enforcement of such has proven difficult when Building Department Plan review does not trigger the need for sediment and erosion control notes or when un-permitted activities are occurring. Similarly, private properties including construction sites are capable of discharging construction materials, such as paint and concrete, into the right-of-way or directly into Biscayne Bay. This activity can occur even in the absence of land-disturbing activities, such as through "wash-out" areas for interior construction work. Illicit discharge is also not exclusive to construction related activities. Restaurants, businesses, and homes can be responsible for the introduction of hazardous materials into the City's stormwater system and Biscayne Bay. Strengthening the City Code to explicitly address these abundant issues will close many gaps that facilitate the degradation of water quality in Biscayne Bay. The attached draft Ordinance was developed using language provided by the Environmental Protection Agency (EPA), as well as existing ordinances that are in place in municipalities Page 936 of 2012 throughout Florida, including City of Destin, City of Fort Pierce, City of Doral, Village of Key Biscayne, and City of Miami. The Ordinance requires the use of best management practices on construction sites and prohibits certain activities that contribute to the degradation of water quality in Biscayne Bay. The Ordinance regulates the following: • Establishes activities that constitute an illicit discharge and those discharges that are exempt. • Establishes the required use of sediment and erosion controls and other best management practices on construction sites and during other land-disturbing activities. • Establishes prohibited activities that contribute sediment and other pollutants to Biscayne Bay and surrounding waterways. • Requires submission of a Sediment and Erosion Control Plan (SECP) to be approved by the Environment and Sustainability Director to obtain a building permit for land disturbing projects. • Establishes permit fee in the amount of$144 for each SECP application reviewed. • Establishes investigation, monitoring, and enforcement procedures and penalties. • Establishes the following penalty pay schedule: o First violation within a 12-month period: $500.00 o Second violation within a 12-month period: $1,000.00 o Third or subsequent violation within a 12-month period: $5,000.00 SUPPORTING SURVEY DATA 62% of Miami Beach residents are not satisfied with the City's efforts to reduce pollution from stormwater runoff through filtration systems. Strengthening the City code to address illicit discharge and requiring the use of sediment and erosion controls on construction sites will reduce the harmful effects of pollution and sedimentation to Biscayne Bay. FINANCIAL INFORMATION Fines collected will be deposited into the Miami Beach Biscayne Bay Protection Trust Fund dedicated to further water conservation, nonpoint pollution prevention activities, water quality improvements, and marine and coastal ecosystems enhancements. Contribution to this Fund, established by the City's Fertilizer Ordinance, is an important step in protecting Biscayne Bay. All fees collected from the review of the SECP shall be first utilized to fund admirative expenditures in administering this Ordinance, including Environment and Sustainability review and Code Compliance Enforcement, if necessary. Any additional funds shall be placed in the Biscayne Bay Protection Trust Fund. I n 2019,there were a total of 1,315 building permits which would have been applicable to the proposed Ordinance. Revenues generated by SECP review fees are estimated to be$189,360.00. The Ordinance is not anticipated to have an impact on the City's resources. Code Compliance currently responds to illicit discharge occurrences; however, the existing code does not have specific provisions related to illicit discharges. This Ordinance will allow for more streamlined compliance. The Building Department currently issues stop work orders as part of their normal operations. The Environment and Sustainability Department is already completing plan review. The proposed changes now require a permit fee of $144 for land disturbing activities. These fees collected will help offset administrative costs. CONCLUSION The Administration recommends the adoption of the attached Ordinance. Page 937 of 2012 Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection Environment & I nfrastnicture - Work regionally and nationally to protect Biscayne Bay water quality and to maintain a healthy dune and beach system. Legislative Tracking Environment and Sustainability Sponsor Commissioner Micky Steinberg • ATTACHMENTS: Description ❑ Sediment and Erosion Control Affidavit ❑ Report Card ❑ Ordinance Page 938 of 2012 MIAMI BCA CH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139 www.miamibeachfl.gov National Pollutions Discharge Elimination System (NPDES) Construction Site Sediment and Erosion Control Affidavit The quality of Biscayne Bay and its interconnected waterbodies is critical to environmental, economic, and recreational prosperity, and to the health, safety and welfare of the citizens of the City of Miami Beach. The City of Miami Beach participates as a co-permittee with Miami-Dade County in the National Pollution Discharge Elimination System (NPDES) program. The program aims to improve water quality of stormwater. The City of Miami Beach must comply with permit conditions, which require the City to reduce erosion and control sedimentation from construction sites (construction activity means the act of developing or improving land that involves the disturbance of soils and includes clearing, grading, and excavation. The Florida Department of Environmental Protection has determined that demolition activities also meet the definition of construction activity): The City of Miami Beach requires the following to ensure permit conditions are met and construction sites are in compliance with Chapter 46, Article X of the municipal code. 1. Sediment & Erosion Control Plan: Applicants for new construction projects or substantial improvements (i.e., additions, demolitions, pools, etc.) shall submit as part of the mandatory permit submittal documents of erosion and sedimentation control details, notes, or plan for the development of the site. The qualifier for the permittee shall attest by his notarized signature that the erosion and sedimentation controls will be maintained for the duration of the permitted construction activities (see below). 2. Best Management Practices(BMPs)for Erosion and Sedimentation Control: Mandatory erosion and sedimentation control best management practices that shall be implemented at each development site are: a. Temporary Gravel Construction Entrance& Exit(See Attachment A). b. Storm Drain Inlet Protection (See Attachment B). c. Silt Fence (See Attachment C). d. Floating Turbidity Barrier(as applicable for waterfront construction)Attachment D NOTE: The preceding elements of the plan must be implemented at the development site, inspected, and approved by the Environment & Sustainability Department director, or designee prior to the acceptance of the first mandatory Florida Building Code inspection request. 3. Compliance with Erosion and Sedimentation Control Plan and/or Mandatory BMPs: Mandatory Florida Building Code and environmental inspections for erosion and sedimentation control shall be performed simultaneously with construction inspections. Failure to maintain erosion and sedimentation control measures during the entire construction phase will result in a rejected inspection request from the Building Official and/or Code Compliance Department action to be treated as a violation of the Florida Building Code or the City's Code. I hereby agree to maintain a sediment and erosion control plan and/ or BMPs for the duration of the construction phase. Failure to maintain sediment and erosion control measures during the construction phase will result in a violation of the Florida Building Code by the Building Official. If compliance is not achieved, a stop work order may be issued. In addition, pursuant to Chapter 46,Article X, City of Miami Beach Municipal Code, failure to maintain sediment and erosion controls may result in fines and penalties. [SIGNATURES ON THE FOLLOWING PAGE] Page 939 of 2012 STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of[] physical presence or[]online notarization, this_day of , , by who is personally known to me or who has produced as identification. General Contractor-Company Name Notary Signature Name: Name of Qualifier My commission expires: Signature of Qualifier [Notary Seal] Date: License of Qualifier: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of[] physical presence or[]online notarization, this_day of , by who is personally known to me or who has produced as identification. Property Owner Name Notary Signature Name: Property Owner Signature My commission expires: [Notary Seal] Property Address Permit Number Page 940 of 2012 Attachment A DIVERSION RIDGE REQUIRED WHERE GRADE EXCEEDS 2% 2 OR GREATER r�.. EXISTING PAVED '�� ,:. : I1=11. .:`::•-:i :i i'-- , ROA[ .Y .1:' ,. n-1111'-11 II—il'ia. L —�.=I1—�:" 11tH=11=II=11= #11 -11=K-• � —11-1 FILTER FABRIC SECTION A - A NOTE= / SPILLWAY USE SANDBAGS, STRAW BALES SEDIMENT BARRIER ORAPPROVED METHODS (STRAW BALE TYPE SHOWN) TO IZE RUNOFF TO DA51N \ ,opIlllfll. AS/REQUIRED. SUPPLY WATER TO WASH , WHow , EELS IF NECESSARY. o Co ryo4. I ili FLOW �I �� FLOW • a 3 Nk t'.•6!"-,••mes •�.a ♦ , •4 tip•• Fs• • `rj f• ti: •Nay i} O >4Q4.- i I ••• 002t Q A ° :o I A 1"-3' COURSE :•'rs�, O r-�_`w AGGREGATE •=40 4.. W -: MIN. 6• THICK r.••rt � pi • pip:,,,; Z .tir •• CO CO DIVERSION RIDGE !C W BO' MIN. PLAN I. THE ENTRANCE SHALL BE MAINTAINED INA 2. WHEN NECESSARY,WHEELS SHALL BE CLEANED I. THEPRIOR TO ENTRANCE ONTO PUBLIC RIGHT-OF-WAY. CONDITION THAT WILL ONTOFIVENT TRACKING OR 3. WHEN WASHING I5 REWIRED, IT SHALL BE DONE OF-IN Y. THIS SEDIMENT ONTO PUBLIC RIGHTS- ON AN AREA 5TABLIZEP WITH CRUSHED STONE OF-WAY.AND/OR MAY REQUIRE TOP DRESSING, THAT DRAINS INTO AN APPROVED SEDIMENT TRAP REPAIR GLEANdJT OP ANY *�EASURFS OR SEDIMENT BASIN. USED TO TRAP_ SEDIMENT. Page 941 of 2012 4 Attachment B DROP INLET _ — WITH GRATE i Ii , 1 [ ?: [r. ;...».,=---+,- r:ce- --_-'---- STAKES---....______________id FILTERED WATER BURLAP FABRIC ;,. I RUNOFF WATER WITH SEDIMENTS _ IIS 11 .- �1 i BURIED BURLAP -V..-0: ';;,›„7. I FABRIC 1 1 SPECIFIC APPLICATION: i it THIS METHOD OF INLET PROTECTION IS APPLICABLE WHERE THE . d INLET DRAINS A RELATIVELY FLAT AREA (SLOPES NO GREATER P. THAN 5%) WHERE SHEET OR OVERLAND FLOWS (NOT EXCEEDING 1 0.50 CFS) ARE TYPICAL. THE METHOD SHALL NOT APPLY TO INLETS RECEIVING CONCENTRATED FLOWS, SUCH AS IN STREET i OR HIGHWAY MEDIANS. i 1 1 a I I 5 BURLAP DROP INLET SEDIMENT FILTER i i ' , ' _ _ . APPROVED REVISED TITLE: :. _ ...; SITE EARTHWORK DETAILS NO.2 • PUBLIC WORKS DEPARTMENT OS�T2010 �1 42 p I AP DROP INLET SEDIMENT FILTER SES9 a 1700 COMVENTION CENTER DRIVE,MIAMI BEACH,FL33138 Attachment C WOVEN WIRE FENCE 48" MIN. METAL FENCE POSTS (MIN. 14 GAUGE; 6" DRIVEN INTO GROUND A MINIMUM MAX. MESH SPACING 10� O.C. (MAX.) OF 2'-0" FILTER CLOTH (MIRAFI, POLYFILTER X OR APPROVED EQUAL -....., 011,... .. FILTER CLOTH CIA TRENCH Iillill o0 .. O 0o N CD r4 iiC _ _i LT BACKFILL TRENCH WITH v illiftimmemzrinv EARTH AFTER PLACING CONSTi ocri0N AREA FILTER CLOTH C%j i F\--/ 6t., 1'-0" 1 1 1 CONSTRUCTION SPECIFICATIONS: J 1. WOVEN WIRE FENCE TO BE FASTENED SECURELY TO FENCE POSTS BY USE OF WIRE TIES. 1 2. FILTER CLOTH TO BE FASTENED SECURELY TO WOVEN WIRE FENCE BY USE OF WIRE TIES SPACED EVERY 24" X 24". I 3. SILT FENCES TO BE INSTALLED IN LOCATIONS AS SHOWN ON THIS EROSION AND SEDIMENT CONTROL PLAN PRIOR TO BEGINNING OF CONSTRUCTION TO CONTROL SEDIMENT. I i 4. SILT FENCES TO BE MAINTAINED AND CLEANED AS NECESSARY TO MAINTAIN J IN FUNCTIONAL CONDITION. i 5. SILT FENCES TO BE REMOVED AND THE AREA TO BE RESTORED TO ITS NATURAL CONDITION WHEN PERMANENT EROSION AND SEDIMENT CONTROL PROCEDURES ARE EFFECTIVE. 1 a t 1 i N FILTER FENCE 1 i • NAPPROVED REVISED TITLE. SITE EARTHWORK DETAILS NO.2 -' ` __-_- ,i_ t'= � SES13 PUBLIC WORKS DEPARTMENT oso/.221 —pae- 43 of 2012 FILTER FENCE d: 1'/99 CONVENTION CENTER DRIVE.MIAMI BEACH.8 77139 • - F:1Art ASAk 1CM—DIWASTAMAfDS\0Aft_STANDADEISAPublie rads MNa.eal(201511121B Ms Esth.Qk odd.Vn.nh nh n.eaLawn • Attachment D ✓ - - i" VINYL SHEATHED EAW STEEL CABLE CLOSED CELL SOUD PLASTIC FOAM v""~ (9800 LBS. BREAKING STRENGTH) WITH FLOTATION (8"0 EQUIV.) (17 LBS. m a-'' PER FT. BUOYANCY > GALVANIZED CONNECTORS (TOOL FREE 7o DISCONNECT) • w z >. SLOTTED PVC CONNECTOR CLFLOTATIONSED (8"93LL(8"� EQUIV.) (D 117 LBS.C M BREA BREAKINGO ROPE STRENGTH)(600 LB. PIPE (METAL COLLAR Z REINFORCED) PER FT. BUOYANCY) .71 $ N• 1,. STRESS ( 0 1t PLATE jT CHAINLVANIZED�'� ot+ �� _ =le ,� Y: 4 .7.H ""-5). W 1 l �" GALVANIZED = N CHAIN N ., m 171 18 OZ. NYLON REINFORCED ` I— rn t PVC FABRIC (300 PSI TEST) 18 OZ. NYLON REINFORCED B �' �— PVC FABRIC (300 PSI TEST) ,_--7 \=' WITH LACING GROMMETS z -H PO TYPE I TYPE II O M . P % 0 pg D1 = 5' STD, (SINGLE PANEL FOR DEPTHS 5' OR LESS). a) 73o 73 D2 = 5' STD. (ADDITIONAL PANEL FOR DEPTHS > 5'). CURTAIN TO REACH BOTTOM UP TO DEPTHS OF 10 FEET. -s m TWO (2) PANELS TO BE USED FOR DEPTHS GREATER THAN 10 y —1 FEET UNLESS SPECIAL DEPTH CURTAINS SPECIFICALLY CALLED X D FOR IN THE PLANS OR AS DETERMINED BY THE ENGINEER. 73 r m 0) xi Z O N NOTICE: COMPONENTS OF TYPE I AND II MY BE SIMILAR OR IDENTICAL TO PROPRIETARY DESIGNS. ANY INFRINGEMENT ON THE PROPRIETARY RIGHTS OF THE DESIGNER SHALL BE THE SOLE (I) RESPONSIBILITY OF THE USER. SUBSTITUTIONS FOR TYPES I AND II SHALL BE AS APPROVED BY M THE ENGINEER. N Page 944 of 2012 Report on Development and Implementation of an Annual Report Card Program on the Health of Biscayne Bay Pursuant to Resolution No. R-463-18 December 2020 Page 945 of 2012 ::. ., :, .om , � Biscayne Bay plays a fundamental role in the quality of lifefor residents and the economy of Miami-Dade County. In addition to its intrinsic natural beauty,the Bay provides water-related recreational opportunities, supports our local economy • ``-` _ st . through boating and commercial fishing activities, and supports our local tourism • 'r'- industry.Therefore,protecting Biscayne Bay and understanding the overall health of the Bay's ecosystems is important to all Miami-Dade County businesses and t _, residents.Changes observed in recent years including a declineof seagrass cover , �� — • in some portions of the Bay have raised concerns regarding the health of the Bay's �r ecosystem. In May of 2018, the Miami-Dade Board of County Commissioners adopted Resolution No. R-463-18 directing the County Administration to develop and implement an annual report card program on the health of Biscayne Bay's _= ecosystem.The goal was to develop an easy to read report card on the status of the Bay's overall ecological health using a simple red,yellow, and green stoplight approach. By increasing public awareness about the status of and threats to Biscayne Bay,we take an important step in promoting greater stewardship and individual responsibility for implementing actions and changing behaviors that are needed to protect the Bay. It's all about the water.The clear waters of Biscayne Bay supportthe growth of seagrass es,corals,sponges, and other important habitat on the bay bottom.These habitats further support the growth of fish populations and other important marine life, including threatened and endangered species.Therefore, protecting water quality in Biscayne Bay is key to supporting the overall health of the Bay's ecosystem.There are many factors that affect Bay water quality including the quality of the water flowing into the Bay,bay bottom habitat, water circulation patterns,and tidal exchange with the ocean. The most notable is the impact of water flowing off the landscape and into the Bay from the various drainage canals located throughout the County. This includes waterf lowing south into Miami-Dade County from the regional canal system, as well as rain that falls directly on our neighborhoods and streets. Stormwater seeps into the ground and it also flows into a network of regional and local drainage canals where it ultimately flows out to the Bay. Managing stormwater is critically important for protecting our community from flooding. The challenge is that stormwater runoff is often exposed to various sources of pollution on its journey to the Bay. Stormwater can include pollution from roadways, construction sites, agriculture, pet wastes,fertilizers,yard clippings,car washing, septic tank systems,aging sanitary sever systems, and even litter or trash.While the Bay needs freshwater to help support its complex ecology, many of these land-based sources of pollution can contribute nutrients to stormwater, groundwater,canals, and ultimately the Bay. While nutrients are-key to the growth and development of marine life, excess nutrients in the water can degrade Bay water quality. For development of the Biscayne Bay Report Card, County scientists identified three main categories for characterizing the overall ecological health of the Bay:Water Quality,Habitat,and Fisheries.Specific indicators for water quality and habitat were selected and thresholds with ideal comparative baselines were established for each indicator based on review of criteria in scientific literature,as well as analysis of the County's historical monitoring data.Florida Fish and Wild life Conservation Commission data were used in the selection of indicators,establishment of a baseline,and analysis of fisheries for 2018.Water quality and habitat monitoring data for 2018 were grouped according to the State of Florida numeric nutrient criteria regions established for the Bay in 2012 with some modifications to reflect better detail in the northernmost basins of the Bay,and using nutrient concentrations more protective of Bay health as established in scientific literature.The Report Card provides a visual representation of the overall ecological health of the Bay as expressed using • a"stoplight"score of red (poor),yellow(fair), and green(good),when compared with water quality conditions that were observed in the Bay between the years 1996 and 2004.To make the Report Card effective,the upper tier representing the best water quality data observations from this time period were used to form the baseline.Water quality indicators include levels of nutrients such as phosphorus and nitrogen,chlorophyll-a,water clarity and bacteria. Habitat indicators for the Bay include submerged aquatic vegetation (i.e., seagrass and macroalgae) as well.as hardbottom habitat which is represented by the frequency of marine sponges observed. Our History Living with Biscayne Bay. Most would agree that Biscayne Bay's amazing beauty and abundant resources likely attracted many of the • people that came to Miami-Dade County over the years, and that this influx of people also brought changes. Biscayne Bay has had its share of challenges over the past 100 years. They include: the rampant dredging and filling activities that occurred in the early part of the last century that impacted the bay bottom and created land masses where they hadn't previously existed;the elimination of the Bay's natural mangrove shoreline in much of the northern Bay; significant alterations to the Bay's historic hydrology through the creation of drainage canals and the conversion of large arearag4 biggprglades wetlands that previously served to store and filter water before it would flow off the land into the Bay; and even the deliberate discharge of untreated sewage that occurred prior to the construction of the County's centralized wastewater collection and treatment system decades ago. As we witnessed and learned more about how these activities impacted the Bay overtime, new polices and approaches were adopted to help better protect and preserve it. Regulations were developed and implemented to control and minimize dredging and filling activities,regulations protecting mangroves were enacted, laws governing the discharge of sewage were developed and implemented,and restoration of the Everglades ecosystem was elevated to national attention and now benefits from a federal and state partnership.In the 1970's the state of Florida established aquatic preserves covering much of Biscayne Bay,and the County also declared Biscayne Bay to be an aquatic park and conservation area. The County also implemented a Biscayne Bay Habitat Restoration and Enhancement Program conducting numerous projects over the past forty years such as recreating native coastal wetland habitats,replanting mangroves along the shoreline,stabilizing eroding shorelines with riprap,enhancing spoil islands and constructing artificial reef sites in the Bay.It is clear Biscayne Bay has faced challenges overthe past centuryexperiencing periods of decline as well as periods of recovery. As with generations before us, we too will observe and evaluate the health of the Bay in today's environment,and use that knowledge to identify new approaches, policies,or actions that are necessary to continue to protect and preserve the Bay into the future. 2019 Report Card Results. The Report Card stoplight results are depicted on the attached 2019 Biscayne Bay Report Card map. In addition, Table A below, provides a brief narrative description of the factors driving ecological trends in each Report Card basin. The findings of this initial Biscayne Bay Report Card support analyses indicating that nutrients and bacteria from within the watershed are documented in canals and tributaries at concentrations that can ultimately impact bay resources.The western region of the Bay along the shoreline and the highly compartmentalized basins of northern Biscayne Bay fall in the"poor"to"fair"range when compared to upper tier baseline conditions observed in the Bay approximately 20 years ago,while the eastern half of the large open bay region of central and southern Biscayne Bay falls in the "good"range. Findings indicate that canal water quality is impacted and that seagrass habitat directly receiving drainage from certain canals has experienced notable losses.As a community,we must strive to reduce our impact on the environment and work to reduce nutrient and bacteria loading to groundwater and our drainage canals as a principal approach to improving the health of Biscayne Bay.We hope this annual Report Card will serve as a useful tool to inform the public on the status of the Bay and its habitat,and will promote the community engagement and commitment that are needed to continue to protect,restore,and preserve the health and resilience of Biscayne Bay. Table A. 2019 Report Card Basin Ecological Trend Factors Report Card 2019 Ecological Trend Factors Region Score NNB-A Fair Highly reduced seagrass coverage with little recovery,nutrient inputs from canals,and elevated chlorophyll concentrations relative to baseline conditions. Reduced seagrass coverage fol lowing a die-off event decades ago with little recovery,nutrient inputs NNB-B Fair from canals(both phosphorus and nitrogen),and elevated chlorophyll concentrations relative to baseline conditions. This basin(Julia Tuttle)is in decline relative to baseline conditions following a combination of the S NB A relatively recent seagrass die off with little indication of recovery,and elevated chlorophyll concentrations and nutrient in puts from canals(phosphorus and n itrogen). SNB-B • From the Julia Tuttle Causeway to MacArthur Causeway, highly reduced seagrass coverage,nutrient inputs from canals,and elevated chlorophyll concentrations relative to baseline conditions. . Reduced seagrass coverage,nutrient inputs from the Miami River which contributes a significant SNB-C Fairvolume of water to Biscayne Bay,and elevated chlorophyll concentrations relative to baseline conditions. NCI Fair Algal blooms that impacted seagrass coverage,nutrient inputs from canals,and elevated chlorophyll concentrations relative to baseline conditions. NCOFai;r: Reduced seagrass coverage,elevated chlorophyll concentrations,and some elevated nutrient inputs relative to baseline conditions. SCI Reduced seagrass coverage with little recovery,reduced spongefrequency, nutrient inputs from several canals and elevated chlorophyll concentrations relative to baseline conditions. SCM Fair Although seagrass coverage is consistent with historic baseline conditionsthis basin exhibits some elevated nutrient inputs. SCO Seagrass coverage and most nutrient indicators in this basin are consistent with baseline. CS Fair Reduced seagrass coverage,some nutrient inputs and elevated chlorophyll concentrations relative to baseline conditions. MB Reduced seagrass coverage,reduced spongefrequency,some nutrient inputs and elevated chi3thglldoi6ttla`tions relative to baseline conditions. 2019 Biscayne Bay Report Card MIAMI COUNTY ._ �`• - • - - - - - 0_ _� • - .L • _ 1 .- • • • • 1 -• = 7{E' 1 • • Biscayne Bay Report Card Data range:Jan-Dec:2018 En Good ED Fair Poor In No Data J 1' a7; .1 -..enc UAL...1Ili/ Page 948 of 2012 TECHNICAL REPORT RELATED TO THE DEVELOPMENT OF AN ANNUAL "REPORT CARD" PROGRAM ON THE ECOLOGICAL HEALTH OF THE BISCAYNE BAY Introduction Biscayne Bay was designated an aquatic park and conservation area by the Miami-Dade County(County) Board of County Commissioners(Board)in 1981 and is home to two state-designated aquatic preserves, a national park, and a national marine sanctuary. Biscayne Bay has historically been regarded as an oligotrophic estuary(i.e.,low in nutrients),where availability of nutrients like phosphorus and nitrogen drive the health and growth of marine plants and wildlife. Impacted over time by hydrological changes, upland development,and increased use, Biscayne Bay has experienced degraded water quality, seagrass die- offs and algal blooms as determined in part through data collected via the County's surface water quality and benthic habitat monitoring programs. Excess nutrients in the water column can degrade water quality, creating conditions that impact seagrass habitat essential for fish, birds, marine mammals, and other marine species. Chronic, low-level nutrient loading and/or acute, pulsed stormwater discharges from canals carrying nutrients can lead to a shift from a seagrass-dominated habitat with clear water, low turbidity,and low levels of algae in the water column to an algae-based ecosystem that may be turbid and ultimately lead to a reduction in fisheries habitat. Sources of nutrients can include land use activities associated with development, agriculture,fertilizers,pet waste, and yard clippings and can be conveyed by stormwater outfalls. Other sources may include leaky sewer infrastructure and septic tank effluent Unique challenges presented by storms and sea level rise can further compound and complicate inputs from these existing sources. In May 2018,the Board adopted resolution R-463-18 directing staff to develop and implement an annual report card to evaluate the ecological health of Biscayne Bay using an easy-to-understand"stop-light' approach that was to be data-driven,employ sound scientific principles,include easy-to-read graphics and be publicly accessible.The Board noted the importance of providing the public with important information about the improvement or decline in the health of the bay.Three major categories of Biscayne Bay ecology were identified that together provide the most representative evaluation of the ecological health of the bay. Water Quality, Habitat, and Fisheries. Indicators for water quality, habitat, and fisheries were selected and a baseline and thresholds were established for each indicator based on criteria in scientific literature and through analysis of the County's historical record of data.In developing the water quality baseline,a greater emphasis was placed on better water quality data results observed in the record therefore the Report Cad scores represent a comparison to an ideal or even aspirational condition for the Bay in some areas. The Biscayne Bay Report Card is a graphic representation of the overall ecological health of Biscayne Bay, considering both water quality and habitat quality indicators. Nutrient regions established by the state of Florida and modified to further subdivide the northernmost basins, are identified on the maps for each indicator and a"stoplight"score of red,yellow,or green is attributed to each region based on results of the County's analysis of 2018 water quality and habitat data. Water quality indicators include phosphorus, nitrogen, chlorophyll-a, water clarity and bacteria, and habitat indicators include submerged aquatic vegetation (i.e.,seagrass and macroalgae) as well as hardbottom habitat (represented by freque ncy of observations of marine sponges). Results of the 2018 data analysis as depicted in the Biscayne Bay Report Card (Figure 1), a graphical representation of the regions evaluated for both water quality and habitat quality indicators, indicate"poor" conditions in a number of regions including several canals,the Julia Tuttle Basin and the basin to its south, as well as nearshore areas along the mid-bay and further south in Manatee Bay. Overall,the northernmost basins indicate conditions are "fair", although the canals leading into these basins indicate "poor" conditions.The central and eastern regions of Biscayne Bay that are more readily flushed by the Atlantic Ocean indicate"good"conditions for 2018. Generally, scores for phosphorus, nitrogen,and chlorophyll-a tend to be fair to poor along the shoreline regions of the Bay. Page 949 of 2012 Figure 1. 2019 Biscayne Bay Report Card, indicating "poor"conditions in a number of regions including several canals, the Julia Tuttle Basin and the basin to its south, as well as nearshore areas mid-bay and further south in Manatee Bay. Overall,the northernmost basins indicate conditions are"fair", although the canals leading into these basins indicate "poor"conditions. The central and eastern regions of Biscayne Bay, more readily flushed by the Atlantic Ocean, indicate"good"conditions for 2018. Generally, scores for phosphorus,nitrogen,and chlorophyll-a tend to be fair to poor along the coastline.Analysis used to derive the stoplight score is found in Table 7. 2019 Biscayne Bay Report Card ®i • L '111V ' • • Biscayne Bay Report Card Data range:Jan-Dec:2018 Good Fair Poor MI No Data Page 950 of 2012 Biscayne Bay Report Card Page 2144 Background and Findings Biscayne Bay is a sub-tropical shallow estuary that is home to two state aquatic preserves,a national park, and a national marine sanctuary. Both the Biscayne Bay Aquatic Preserves and the Florida Keys National Marine Sanctuary are designated by the state of Florida as Outstanding Florida Waters, and Biscayne National Park is designated as Outstanding National Resources Waters, per 62-302.700 Florida Administrative Code(Figure 2). Bounded by the mainland to the west and barrier islands to the east, the bay is a source of sustenance, economic vitality, and provides for countless recreational opportunities enjoyed by residents and visitors alike. Its spectacular natural beauty is widely recognized and enjoyed, with nearly 2.8 million residents and millions of visitors every year. In 1974,the Board recognized the ecological and recreational value of Biscayne Bay, stating that"...in the interest of the public welfare to protect and preserve unique, natural, aesthetic, and recreational values, Biscayne Bay and its environs are hereby declared to be an 'aquatic park and conservation area' for the use and benefit of the citizens of Miami-Dade County" (Chapter 24-48.22 of the Code of Miami-Dade County). Local, state, and federal entities have invested in and worked in partnership on behalf of Biscayne Bay for decades. In 1981, having declared Biscayne Bay an"Aquatic Park and Conservation Area"and convening a committee to evaluate the health and needs of Biscayne Bay, the Board formally adopted the Biscayne Bay Management Plan. The plan identified issues facing the health of the Bay, such as the impact of rampant dredging and filling for decades, alteration of natural freshwater flow into the bay, land use changes as urbanization occurred, and the introduction of significant pollutant loading from non-point sources such as canals. Among the programs created by way of the management plan being adopted are County regulatory programs and habitat restoration and monitoring programs that help protect water quality and habitat in and along Biscayne Bay. The County's Restoration and Enhancement Program was created and staffed to be a major implementation tool of the Biscayne Bay Management Plan. Through this effort,the program has constructed over 600 acres of shoreline stabilization and habitat restoration projects throughout Biscayne Bay. In addition, the County established various programs to regulate work conducted in, on, over,or upon tidal waters,freshwater wetlands,and coastal wetlands as well as other programs to regulate stormwater drainage systems. Nearly twenty years after the adoption of the County's Biscayne Bay Management Plan, the County was integrally involved in the Biscayne Bay Partnership Initiative. The Initiative was established by the Florida Legislature in 1999 and culminated in the publishing of a 2001 report that, in part, characterized pre-and post-urbanization conditions in Biscayne Bay and impacts on water quality. Page 951 of 2012 Biscayne Bay Report Card Page 3144 Figure 2. Managed areas in Biscayne Bay. Biscayne Bay Managed Areas gond Biscayne National Park(Nati Park Service) ',:sc*-111 Biscayne BayAquatic Preserves(FL Dept. of Environmental Protection Florida Keys National Marine Sanctuary(NOAA) • • t . r • • r -. ..v.•- I� ePT NIIII6151.27 soe34.. tea `. :^fix Page 952 of 2012 Biscayne Bay Report Card Page 4144 Prior to significant development in southern Florida, surface water flow off the land reached the Bay as stream flow and overland flow. Pre-development streams, rivers,and sloughs were shallow and did not extend very far inland or penetrate very deep into the permeable Biscayne aquifer.The Biscayne aquifer lies below the land surface and is generally regarded as the sole source of drinking water for the County. Rapid urbanization and the growth of agriculture overthe past one-hundred years led to a loss of wetlands and natural areas, and with it came a corresponding need to manage water levels to prevent flooding. This resulted in the channelization of natural tributaries and creeks as well as the creation of large regional stormwater drainage canals. This alteration changed the timing,distribution, and quality of surface water flowing to Biscayne Bay. Instead of slowly filtering through wetlands and other natural areas as it had in the past, water from storms and seasonal rains now generally flows across impervious areas in our neighborhoods and streets and is more rapidly conveyed to the Bay through drainage canals. This stormwater runoff is often exposed to various sources of pollution on its journey to the Bay. Stormwater can include pollution from roadways, construction sites,agriculture, pet wastes,fertilizers,yard clippings, car washing,faulty septic tank systems,aging sanitary sewer systems, and even litter or trash. While the Bay needs freshwater to help support its complex ecology, many of these land-based sources of pollution can contribute nutrients to stormwater and the canals. Excess nutrients in water can degrade Bay water quality. Fertilizers and leaky septic tanks and wastewater infrastructure are thought to be some of the major sources of additional nutrients that make their way into the bay via groundwater and surface water inputs(Figure 3). Figure 3.Miami-Dade County landscape including urban areas,agriciitural areas,stormwater management features, and natural resources.(Illustration adapted from SFWMD/USGS) —side aide bNM 10 Ms ar ayr, ' - tie • n fed, j ` ,tri- _ -_ r a$E:Z-;;:.4W- :44%.,.k.� -�'`°. .0g I r#:�'`' '..�as .. -�w�..t`——,.. z-r'i --"112-7`..r......... ....112-.ids -----''z'-'*-,. P set Day-lovas East Coast of Florida Page 953 of 2012 Biscayne Bay Report Card Pag e 5144 During the wet season, stormwater accumulates in our system of canals and is drained out to the bay when coastal water control structures are opened to provide flood protection to our neighborhoods and streets. Due to the porous geology here in South Florida,groundwater and surface water resources in the County are inextricably linked. Surface water from the canals interacts with groundwater as water moves back and forth in and out of the canal system. During the dry season,water is held back behind the coastal water control structures which helps prevent saltwater intrusion from the east. When water levels in the canals are lower than the surrounding water table in the aquifer,groundwater will seep into canals via the groundwater pathway. When canal water levels are higher than surrounding groundwater elevations, surface water from the canals can seep back into the ground (Figure 4). Figure 4.The dynamic movement of water into and out of canals. (Credit:Southeast Florida Climate Compact) Cartel stages held high to facilitate groundwnfer recharge and assist supplemental irrigation M6.. r-91.9 Law groundwater levels due to law, dry season rainfall Canal stages held lower to facetatesurface drainage d urban d x , %stature lands 7.71 . .;..�� 1404;"7- ' low = caM stages degas r�lonal afar knob Page 954 of 2012 Biscayne Bay Report Card Page 6144 Water Quality Miami-Dade County's Surface Water Quality Monitoring Program was established in 1979 and collects data that include various physical, chemical,and biological water quality parameters within all major canals across the County and throughout Biscayne Bay on a monthly basis (Figure 5). The program is implemented by the County's Division of Environmental Resources Management (DERM) within the Department of Regulatory and Economic Resources. Indicators that are most representative of the ecological health of water quality in Biscayne Bay include nutrients such as phosphorus and nitrogen, chlorophyll-a,bacteria and water clarity. These water quality parameters can serve as good indicators of the overall ecological health of Biscayne Bay and its tributaries and can help identify the potential impact of the urbanized watershed on water resources throughout the County.These parameters were combined to evaluate the overall water quality health for the Biscayne Bay Report Card. Biscayne Bay has historically been regarded as an oligotrophic estuary(i.e., low in nutrients),where the availability of nutrients like phosphorus and nitrogen drive the health and growth of marine plants and wildlife, including seagrass and macroalgal communities. Impacted over time by hydrological changes, upland development,and increased use,Biscayne Bay has experienced degraded water quality,seagrass die-offs and algal blooms as determined in part through data collected via the County's surface water quality and benthic habitat monitoring programs. Research conducted by other governmental and academic institutions also indicate that eutrophication, or nutrient over-enrichment, especially of phosphorus and nitrogen, is a major contributing factor to seagrass die-offs worldwide.Chronic, low-level nutrient loading and/or acute,pulsed discharges leading to nutrient loading can lead to an ecological shift from a seagrass-dominated bay habitat with clear water, low turbidity,and low levels of algae in the water column to an algae-based ecosystem that may be more turbid and which can ultimately lead to a reduction in fisheries habitat. Sources of nutrients can include land use activities associated with development, agriculture,fertilizers, pet waste, and yard clippings and can be conveyed by stormwater outfalls. Other sources may include leaky sewer infrastructure and septic tank effluent. Unique challenges presented by storm events and sea level rise can further compound and complicate inputs from these existing sources. Habitat Biscayne Bay is home to all seven species of seagrasses found in Florida.Seagrassesareflowering plants that provide the public with a range of ecosystem services,which are the direct and indirect contributions of ecosystems to human well-being. Macroalgae are plant-like organisms that are integral to the health of marine ecosystems, so long as they are in relatively low abundance relative to seagrass coverage. Macroalgae"blooms"can result from an overabundance of available nutrients in the water column and can shade out and compete with seagrass for light and substrate.Together, seagrasses and macroalgae are known as "submerged aquatic vegetation." Miami-Dade County's Benthic Habitat Monitoring Program was established in 1985 and collects data on the health and presence of benthic resources such as seagrass, macroalgae, sponges, hard corals and soft corals at various locations throughout Biscayne Bay on an annual basis. Additional sites have been added over the years, particularly in areas where seagrass die-offs or algal blooms have occurred. This includes the addition of 40 sampling locations in the Julia Tuttle Causeway basin where one of the most significant die-off events recently occurred between 2012 and 2017 (Figure 6). Page 955 of 2012 Biscayne Bay Report Card Page 744 Figure 5. Miami-Dade DERM Biscayne Bay Surface Water Quality Monitoring Stations Miami-Dade County Surface Water Quality Monitoring Stations ®D �W JABS «,... rem— ._ _..__ • e V.elf0... BS01 JACO];; X10 1807— IFO5 ,.\.B 1.h' Hialeah . /6 ` ti : 1 NM w `N.\ •4'a Jr Miami uvr�@n - Beach mca K.05 • . 1 City '' coc) ispoe Miami t cool me atm BL/x r y ! .n S 7 - - ,woiA Biscayne 'i�OS Bay "FOP / 861/ ,MOM •tom' too Ami] '^`°] - °".W vAo+ ®n 10 - eau1 ww Amor m{1 I __ 74iora_. ra l ,,,Homestead PC03 _, Beet, 0 1 • �. L. B�I11 y 8877 .•>>' SP I D i '8850 • ...ma Webs 0 1.15 7.5 15 US 30 tee Snows Page 956 of 2012 Biscayne Bay Report Card Page 8144 Figure 6. Benthic Habitat Monitoring Stations in Biscayne Bay, Card Sound, and Manatee Bay. Miami-Dade County N Benthic Habitat Monitoring Stations COUNTY Ir+E , 10 I NNB-A_ Nfileah 11 NNB-B _1 Mimed ♦4 Bomb CPI it city -. f_ •4 SNB-A Miami .. / SNB-8 i f t , sm.. • - fir 4' • r ` r 14omcSd _ � , _ I. i _ �'' , a l- 47111„41111. -' j - • Benthk Annual Fixed Stations i' / , _ Benthic Polygons(Random Stations) t'=al • ., -• -, Nutrient Regions - canals q• --. � o ' '' 0 2.5 5 10 15 20 II Niafas Page 957 of 2012 Biscayne Bay Report Card Page 9144 Fisheries Biscayne Bay habitats such as seagrasses and macroalgae, hard bottom,sandy bottom, mangroves, and others provide habitat critical to the survival of endangered and threatened species,as well as commercial and recreationally important species. Blue crab, spiny lobster, and pink shrimp conduct all or part of their life cycles in Biscayne Bay, and are important components of the local fisheries industry in South Florida. The Florida Fish and Wildlife Conservation Commission(FWC)collects data from commercial harvesters and dealers to generate statistics on the types of spedes and quantities landed, as well as the size,weight and age distribution of harvested species as part of the state's mandatory trip ticket program. This information,combined with the number of trips made that year,can provide valuable information regarding the volume of catch that year for that particular species. In addition, FWC also estimates total value per pound of species harvested. Report Card Development In May 2018,the Board adopted a resolution directing the County to develop and implement an annual report card to evaluate the health of Biscayne Bay (Figure 7). The process for creating the report card included five major steps,with the first being to conceptualize both the kinds of information most relevant to the health of Biscayne Bay and how that information should be conveyed by way of graphics, maps, tables, and narrative descriptions.Three major categories of Biscayne Bay health were identified by the County that together provide a representative evaluation of the bay's ecosystem health: Water Quality, Habitat, and Fisheries. Second, indicators for water quality, habitat, and fisheries were selected.Third, thresholds were established for each indicator based on criteria in scientific literature and through analysis of the County's historical record of data. This process included developing a baseline level of health for the bay that will be used for comparison, year to year. Threshold ranges were established for each parameter and a red,yellow,or green"stop-light"score was ascribed to the parameter. Fourth,the"stop- light"scores were calculated and assigned based on 2018 values for each parameter as measured against the baseline. Fifth, and lastly, the annual Biscayne Bay Report Card will be provided to the Board, disseminated at County events and will be made available online. Figure 7. Biscayne Bay Report Card development strategy. The Biscayne Bay Report Card Process 1- Conceptualize �:�' T 2-Choose Indicators 4,41 3-Determine Thresholds 11i1 4- Calculate Scores E3121 01:1 5- Communicate pa Page 958 of 2012 Biscayne Bay Report Card P a g e 10144 The Biscayne Bay Report Card evaluates water quality, habitat and fisheries in Biscayne Bay as the three representative aspects of the Bay's overall ecological health.There are several indicators of water quality and habitat quality that are collected on a regular basis by DERM.Water quality parameters include total phosphorus, total nitrogen, water clarity, bacteriological indicators and chlorophyll-a. Habitat quality indicators include submerged aquatic vegetation (i.e.seagrass and macroalgae)as well as sponges. Data collected via County programs during calendar year 2018 were used to develop the Biscayne Bay Report Card. The goal of the annual Biscayne Bay Report Card is to provide the public with a greater understanding of Biscayne Bay ecological health and its challenges using a "stoplight"approach, wherein the colors red ("Poor"),yellow("Fair"), and green ("Good")signify the relative status of the various indicators.The report card is to address the overall state of the bay's water quality, habitat quality,and trends in fisheries and is to report on any improvements or declines in bay health for the year. County staff scientists will continue to work with academic partners in preparation of the report card and will use data collected by and wo rk in concert with County departments as well as federal, state,municipal, and community partners.The annual report card will serve to promote greater awareness of the status of the Bay ecosystem(Figure 8). Figure 8. Description of Report Card stop-light scores. Fair These regions or indicators are These regions or indicators are These regions or indicators are experiencing considerable water experiencing water quality and/or maintaining ecosystem function. quality and/or ecological degradation. ecological degradation. Essential Essential ecological functions Essential ecological functions and ecological functions and species and species diversity are largely species diversity are impacted and not diversity are limited in performing performing beneficial functions able to perform beneficial functions at beneficial functions at optimum at optimum levels. optimum levels. levels. Establishing a Baseline A baseline for the water quality and submerged aquatic indicators selected were used to evaluate the status of the health of Biscayne Bay year to year in the annual report card. Historical data for these indicators are based on the years 1996-2004,which are noted in scientific literature by Briceno et al* as representative of fairly good ecological conditions for Biscayne Bay,and where the data were independent of disturbed conditions such as storms, hurricanes or other major events. From this period,Z-Cusum plots of chlorophyll-a versus total nitrogen and total phosphorus identified inflexion points for chlorophyll-a,with chlorophyll-a serving as an indicator of ecological change in response to increased nutrients. The respective total nitrogen and total phosphorus concentrations that corresponded to these inflexion points (i.e.,those concentrations where an increase in chlorophyll-a was noted)were used to derive"long-term limits". Briceno et al also developed an "upper limit" using the 80th confidence interval for the mean of a normal distribution of data. Staff calculated an annual geometric mean for each nutrient parameter (nitrogen, phosphorus, and chlorophyll-a) using 2018 data from the County's Surface Water Quality Monitoring Program and compared the mean to the "long-term limit" and "upper limit". Briceno et al evaluated Biscayne Bay data obtained by Florida International University's monitoring program,and only data from"undisturbed segments"of Biscayne Bay were included in the development of both the"upper limit" and "long-term limit" thresholds. Therefore these thresholds represent near ideal conditions for Biscayne Bay where, if obtained, are likely to represent water quality most conducive to a healthy, Page 959 of 2012 Biscayne Bay Report Card Page 11 144 productive bay.The County is setting a high bar against which current water quality conditions are being compared in an effort to achieve the collective goal of a healthy bay as well as produce an effective tool through which to progress toward this goal can be evaluated annually. Calculated values based on 2018 observations for habitat parameters were compared to baselines established using County data for the same period of time. This timeframe of 1996-2004 also represents the historical record used to establish the baseline for the state of Florida's Numeric Nutrient Criteria for nine nutrient regions in Biscayn e Bay, as per Ch. 62-302, Florida Administrative Code. Numeric Nutrient Criteria were implemented in 2012 for total nitrogen,total phosphorus, and chlorophyll-a and some of the analyses conducted by Briceno et al were considered by the state of Florida and the Environmental Protection Agency in developing the state's numeric nutrient standards (Figure 9). However, while the state-established criteria for each of nine regions, for the purposes of the Biscayne Bay Report Card,the"upper limit"and"long-term limits"established by Briceno et al were employed These thresholds are considered more protective than those established in state rule as the thresholds set for each parameter are lower(i.e.,the state's numeric nutrient criteria for phosphorus in Northern North Bay is 12 parts per billion (ppb)whereas the "upper limit" and "long-term limit"for this region are identified as 9 ppb and 4 ppb,respectively).The nine regions in Biscayne Bay for which Numeric Nutrient Criteria were established are included as polygons on all maps in the report card as a way of dividing the bay into regions in a manner that has been vetted and established by experts. It is noted that the state's Numeric Nutrient Criteria are applied to waters in Biscayne Bay proper and do not extend upstream of the mouth of canals, tributaries,or tidal creeks; however,for purposes of the report card,the "long-term limits" and "upper limits" set by Briceno et al were applied to tidally-connected canals and tributaries (Table 5) as no numeric nutrient criteria exists for canals or tributaries in the Biscayne Bay watershed at this time. In this context, tidally-connected canals and tributaries are those portions of waterways downstream or east of a water control structure. For canals that have salinity structures well inland with two or more sampling points between the bay and the salinity structure,water quality in that portion of the canal or tributary was assessed and provided a score as a canal or tributary. Included in that subset are Oleta River,Arch Creek, Miami River and Wagner Creek,Coral Gables Canal, Snapper Creek, Goulds Canal, and Princeton Canal. Sampling locations for tributaries and canals that currently only have one sampling location between the water control structure and the mouth of the bay are typically located at the mouth of the canal or tributary. Those sampling locations located at the mouth of the waterbody were incorporated into the data associated with the bay and evaluated separately from those sampling locations wholly within the body of the tributary or canal. Lastly, the County is currently working with the state of Florida to officially subdivide the"Northern North Bay" into two categories(noted in the maps herein as NNB A-B)and subdivide the"Southern North Bal!' into three categories (noted in the maps herein as SNB A-C) for the purposes of analyzing annual geometric means against the state's Numeric Nutrient Criteria. * Briceno, H.O.,J. Boyer,and P. Harlem. 2010 Proposed Methodologyfor the Assessment of Protective Numeric Nutrient Criteria for South Florida Estuaries and Coastal Waters. White paper submitted to Environmental Protection Agency Science Advisory Board. Dec.6 2010. FIU/SERC Contribution#T-501. Page 960 of 2012 Biscayne Bay Report Card Page 12 144 Figure 9. Biscayne Bay Numeric Nutrient Criteria Regions as implemented in 2012 for Florida Department of Environmental Protection(62-302 Florida Administrative Code). Numeric Nutrient Criterion Regions For Biscayne Bay (Dec., 2012) Biscayne Bay Numeric Nutrient Criteria Ref:F.A.C.62-302.532(1) C RI ERION IL. Rule Region Rcugnhi_alIR item D Region Name a NNB I (h)S NNB Northern North Bay 0.012 0.30 1.7 (h)9 SNB Southern North Bay 0.010 0.29 L1 h NCI North Central Inshore 0.007 0.31 0.5 •. h • NCO North Central Outer-Ba 0.008 0.28 0.7 ' SNB (h)6 SCI South Certral Inshore 0.007 0.48 0.4 '''� (h)7 SON South Central Mldeay 0.007 0.35 0.2 111111ag - (h)8 SO) South Central Outer-Bay 0.006 0.24 0.2 • t: h i CS Cad Sound 0.008 0.33 0.5 t+i __ (h)2 MBS Manatee Bay—Barnes Sound 0.007 0.58 0.4 4td :i I - . o -vc xY 11, • \ j Page 961 of 2012 Biscayne Bay Report Card Page 13144 Water Quality Indicators The following water quality indicators are evaluated in the Biscayne Bay Report Card: ➢ Nutrients o Phosphorus is considered the limiting nutrient,or less available,as it binds to the calcium carbonate sediments that are characteristic of Biscayne Bay. Availability of phosphorus is largely considered the determining factor in plant growth in the marine environment Overabundance of this and other nutrients, or eutrophication, is attributed to the cause of seagrass decline on a global and local scale. o Nitrogen is an important nutrient for the growth and health of marine organisms and can be found in various forms in urban watersheds. Some forms of nitrogen indicate inputs from fertilizer;others can indicate inputs from sewage. o Chlorophyll-a is a pigment found in plants and algae and is used to convert sunlight into energy. It is used as a measure of the amount of phytoplankton, or microscopic algae, growing in a waterbody.Algae can "bloom"from an overabundance of nutrients leading to eutrophication, clouding the water column and impacting seagrasses.These nutrients exist in various forms of nitrogen and phosphorus.While nutrients are vital to plant and animal life cycles,too heavy a load of nutrients coming into the bay can lead to the ecosystem not being able over time to assimilate those nutrients,which can cause microscopic algae to bloom, causing turbidity and shading seagrasses, preventing them from being able to photosynthesize.This in turn negatively impacts seagrass habitat long-term. ➢ Water clarity is a measure of how much light can penetrate through the water column.Clarity of water can be affected by various factors like suspended particles in the water column, such as turbidity or plankton (microscopic algae)that have grown in number as a result of excess nutrients being present in the water column. > Bacteria levels can fluctuate in canal and bay waters and are naturally occurring to some degree. For example,the breakdown of vegetative matter increases the load of bacteria present in the water column and reduces the amount of oxygen available for plants and animals because oxygen is necessary for decomposition. However, bacteria can also make its way into waterways via septic effluent,faulty wastewater infrastructure that mixes with stormwater, and pet waste. Two types of bacteria found in the human digestive track are collected on a monthly basis by the County- Escherichia coli(known as E. coil)and Enterococcus.Typically, E. coli is regarded as an indicator of bacteria in fresh water (i.e., canals) and Enterococcus is used as an indicator in estuarine or marine waters. Nutrients The annual geometric mean for each indicator within each geographic nutrient region was calculated and compared to its corresponding value as identified in Table 1 to determine its Likert score. The Likert scores for the indicators were translated into three categories representing good conditions (green), bad conditions(red), and fair conditions(yellow)as follows(Table 1; Figures 10-12).Likert scale values were determined by comparing the annual geometric mean, calculated for each of the nutrient ind icators (nitrogen, phosphorus, and chlorophyll-a),to the"long-term limit"and"upper limit"established by Bricefio et al. "Good" conditions were determined on the Likert scale when the mean either exceeded the 25th percentile of the County's 1996-2004 data(i.e.,the lowest nutrient values observed during the"ecologically ideal" range of time per Briceno et al) or fell between the "long-term limit" and 25th percentile. "Fair" conditions were determined to be those parameters with an annual geometric mean that fell between the Page 962 of 2012 Biscayne Bay Report Card Page 14t44 "long-term limit" to 80% of the "upper limit" threshold. "Poor" conditions were determined to be those parameters with annual geometric means that fell between 80% of the "upper limit" to the "upper limit" threshold as well as any means that exceeded the"upper limit". It is noted that Chlorophyll-a is collected at the mouth of the canals,where the canal meets Biscayne Bay. Chlorophyll-a values from the mouths of canals were calculated as part of parameters collected in Biscayne Bay proper and included in the Biscayne Bay Report Card score and not included in the canal nutrient parameter score.Chlorophyll-a is not collected historically in Oleta River, Wagner Creek,or Goulds Canal, and therefore is not depicted on the Chlorophyll-a map. Also,total nitrogen is not collected by the County at Black Creek and Princeton Canal and was therefore not included in the analysis. Total nitrogen is collected at these locations by the South Florida Water Management District; analysis of methodology, minimum detection levels,and other factors will conducted to determine if and how to incorporate this data in future iterations of the report card. Table 1. Nutrient Score Criteria used to derive the stoplight score. Likert scale values were derived into quarter percentiles based on Long-Term and Upper-Limit values established by Briceno et al. Range Criteria forthe Nutrient Annual Geometric Score Stoplight Mean (AGM) Score < 25th percentile of County data representative of 5 ecologically healthy conditions between 1996-2004 • 25th percentile to Long Term Limit 4 _ Long-Term Limit to(0.8*Upper Limit) 3 Yellow (0.8* Upper Limit)to Upper Limit 2 > Upper Limit 1 Page 963 of 2012 Biscayne Bay Report Card Pag e 15 144 Figure 10.Total Phosphorus Score,indicating poor conditions in several canals and northernmost basins. 2019 Biscayne Bay Report Card miman Total Phosphorus Score • L • 0- _ = -, _ • • f -15 Phosphorus Data range:Jan-Dec 2018 Ei Good u Fair Poor Ell No Data — - = a J5- I, —a, yi 1 Page 964 of 2012 Biscayne Bay Report Card Page 1644 Figure 11. Total Nitrogen Score, indicating poor scores in most nearshore regions and tributaries and fair conditions in northern Biscayne Bay and to the east in central Biscayne Bay. 2019 Biscayne Bay Report Card Total Nitrogen Score s`3 l , L ti• 1 Nitrogen Data range:Jan-Dec 2018 EIZI Good o Fair 11 Poor ffffff♦No Data _ .f,1 r i C:. C•/: 1 -a i, 1 .; .1: Page 965 of 2012 Biscayne Bay Report Card Page 17144 Figure 12. Chlorophyll-a Score,indicating poor conditions in all northern and nearshore regions in Biscayne Bay,with fair conditions in Manatee Bay and good conditions to the east in central Biscayne Bay. 2019 Biscayne Bay Report Card Chlorophyll-a Score l • • - - . ,�.: _ `� • • • • t . 1 , I . Chlorophyll-a Data range:Jan-Dec 2018 E-.2 Good Fair Poor r No Data Biscayne Bay Report Card Page 966 of 2012 Page 18144 Water Clarity Water clarity, a measure of how cloudy the water column is, affects light penetration which can negatively impact submerged aquatic vegetation by reducing the amount of light available for photosynthesis and could result in sedimentation of natural resources.The measure of water clarity is subject to several factors in the water column including suspended particles, photosynthetic organisms (i.e., plankton),and other components which can block light.Turbidity was used in the Biscayne Bay Report Card as a measure of water clarity because Total Suspended Solids(TSS)is only collected quarterly and not at all monitoring stations within Biscayne Bay, whereas Turbidity is collected monthly at all monitoring locations.The state's criterion for Turbidity requires that values not exceed background conditions for a particular water body.To establish background for water clarity,the annual geometric mean was calculated using the County's data for the"ecologically healthy" 1996-2004 period consistent with other the methodology established by Brice no et al. Deviations from the baseline in 10,20,or 30 percent increments, respectively were used to calculate report card scores(Tables 2-3; Figure 13). Table 2. Water Clarity Score Criteria Range Criteria forthe.TurbidityAnnual Score Geometric Mean (AGM) Stoplight Score < Baseline 5j Baseline to 10%above Baseline 4 ; .,. 10%above Baseline to 20% above Baseline 3 Yellow 20%above Baseline to 30%above Baseline 2 > 30%above Baseline 1 Table 3. Water Clarity analysis used to derive stoplight score Scorecard Baseline Annual Annual Difference Percent Stoplight Region Value Sample Geometric Difference Score (96-04 number Mean Geometric Mean) Arch Creek-AC 1.3 35 2.1 0.8 65.2 Black Creek- 1.4 - - - - - BL Coral Gables 0.7 17 0.5 -0.2 -28.8 Waterway -CG Card Sound- 0.5 34 0.5 -0.1 -12.7 CS Gould's Canal - 2.5 12 1.2 -1.3 -51.1 GL Manatee Bay - 0.8 24 0.6 -0.2 -21 MB Page 967 of 2012 Biscayne Bay Report Card Page 19144 Scorecard Baseline Annual Annual Difference Percent Stoplight Region Value Sample Geometric Difference Score (96-04 number Mean Geometric Mean) Miami River- 1.7 48 0.9 -0.7 -43.9 MR North Central 0.6 36 0.5 -0.1 -10.9 Inshore-NCI North Central 1.2 12 0.6 -0.5 -47 Offshore-NCO Northern North 1.3 24 0.8 -0.5 -39.6 Bay NNB-A NNB-B 1.3 56 1 -0.4 -27.2 Oleta River-OL 2.2 12 2.1 -0.1 -5.9 I Princeton Canal. 1.2 - - - - _-PR South Central 0.8 24 0.6 -0.3 -33.4 Inshore-SCI South Central 0.7 24 0.5 -0.1 -18 Mid-Bay- SCM _ South Central 0.8 24 0.5 -0.3 -35.7 Offshore-SCO Southern North 1.4 66 1.8 0.4 29.3 Bay -SNB-A SNB-B 1.5 44 1.3 -0.1 -7.3 SNB-C 1.2 24 0.9 -0.3 -26.8 I _ Snapper Creek 1 12 0.8 -0.2 -19.3 -SP Wagner Creek- 1.8 34 1.8 0 0 S • - WC Figure 13. Water Clarity Score, indicating poor conditions in Arch Creek and northern Biscayne Bay. 2019 Biscayne Bay Report Card MIAM Water Clarity Score COUNTY : r. . — - r y ` -vim- .:S - . i G F • ; #' may. _may rq a J L. • Water Clarity Score Data range:Jan-Dec 2018 oi Good O Fair ®Poor IIM No Data - ` • )Lr ' t`r6... s,z1 1 :4E1_1 •.L•its -:. Page 969 of 2012 Biscayne Bay Report Card Page 21 144 Bacteria The Annual Geometric Mean (AGM)for E. coli and/or Enterococci was calculated for each of the regions and compared to the state's bacteriological standard (E.coli: 126 MPN/100 ml; Enterococci: 35 MPN/100 ml). The five categories of Likert scale scores were established by comparing the annual geometric mean derived from the County's data against how much higher or lower the mean is compared to the state standard (35 MPN/100m1 for Enterococcus in marine waters or 126 MPN/100m1 for E.coli in freshwater). "Poor"conditions(Red) represent an annual geometric mean that ranges from greater than double the state standard to meeting the state criterion. "Fair" conditions (Yellow) represent an annual geometric mean that ranges from 80% of the state criterion to the criterion. "Good" conditions(Green) generally represent means less than 80%of the state criterion (Tables 4-5; Figures 14- 15). Table 4. Bacteria Score Criteria AGM relative to Criterion E. Coll(Criterion Enterococci(criterion Stoplight = 126 cfu/100m1) =35 cfu/100m1) score > 200%of Criterion (Criterion x 2) >252 >70 2 x Criterion to Criterion 126-252 35-70 80%of Criterion (Criterion x 0.8)to 100.8-125 28-35 3 Criterion , 60%of Criterion (Criterion x 0.6)to 75.6-100.8 21-28 80%of Criterion(Criterion x 0.8 < 60%of Criterion (Criterion x 0.6) <75.6 <21 _ - , , r Table 5. Bacteria(Enterococci)analysis used to derive stoplight score Annual Geometric Stoplight Parameter Region Mean Criterion Score Enterococci Arch Creek 138.2 35 Enterococci Black Creek 23.1 35 ,,.. -1.-_, � = Enterococci Coral Gables Canal 21.8 35 „, : ,-'r Enterococci Card Sound 10 35 _---,;--.7-,;w--,-3s Enterococci Goulds Canal 31.4 35 3, Enterococci Miami River 73.9 35 Enterococci North Central Inshore 12.7 35 _ 4t` Enterococci North Central Offshore 10 35 _;- Enterococci Northern North Bay(NNB)- 13.5 35 __ Enterococci NNB-B 15.4 35 .1 Enterococci Oleta River 150.8 35 Page 970 of 2012 Biscayne Bay Report Card P a g e 22144 Enterococci Princeton Canal 16.9 35 :` Enterococci South Central Inshore 10.9 35 _ Enterococci South Central Mid-Bay 10 35 1 Enterococci South Central Offshore 10 35 Enterococci Southern North Bay-A 26.5 35i: - O Enterococci SNB-B 21.7 35 � � Enterococci SNB-C 14.2 35 : Enterococci Snapper Creek 69.6 35 Enterococci Wagner Creek 753.6 35 Page 971 of 2012 Biscayne Bay Report Card Page 23144 Figure 14. Bacteriological Score for Escherichia coli(E.coli), indicating poor conditions in some northern and central tributaries.(NOTE: E.coliis currently only collected in tributaries,not in the open Bay. Enterococcus is collected in tributaries and the open Bay as the preferred bacteriological indicator in marine waters. 2019 Biscayne Bay Report Card Bacteriological Score (Escherichia coli) EN :, • Escherichia Coli Data range:Jan-Dec 2018 Good Fair 1 Poor MI No Data 7J�:.Ci 13r Slry_c iyL lY Cie IL itg Page 972 of 2012 Biscayne Bay Report Card P a g e 24 144 Figure 15. Bacteriological Score for Enterococci(a complex of Enterococcus species), indicating poor conditions in some northern and central tributaries,with no data collected in Manatee Bay. 2019 Biscayne Bay Report Card miaDBacteriological Score (Enterococcus spp.) - • ` L` 0 • r . • • • 5. t; Enterococci Data range:Jan-Dec 2018 Good O Fair Poor No Data Page 973 of 2012 Biscayne Bay Report Card Page 25144 Combined Water Quality To calculate the Water Quality Combined Score, all water quality parameters (phosphorus, nitrogen, chlorophyll-a, water clarity, and bacteria) were combined into an overall score by averaging the Likert values (Table 6, Figure 16). Table 6. Water Quality Combined Score and Biscayne Bay Report Card Range Criteria Range Criteria for Biscayne Bay Report Score Stoplight Score Card and Combined Water Quality Score >4.5 5 ��� 3.51-4.5 4 2.51-3.5 3 Yellow 1.51-2.5 2 <1.5 1 • Page 974 of 2012 Biscayne Bay Report Card Page 26144 Figure 16. The Combined Water Quality Score,a graphic representation of only water quality indicators bay wide, indicates poor water quality conditions in several canals and the Julia Tuttle Basin. Generally, scores for phosphorus, nitrogen, and chlorophyll-a tend to be fair to poor along the coastline. 2019 Biscayne Bay Report Card Combined Water Quality Score r • i • 3" �Y¢ Combined Score Data range:Jan-Dec 2018 - E a Good Fair - ®Poor -No Data -_ Page 975 of 2012 Biscayne Bay Report Card Page 27144 Table 7. Biscayne Bay Report Card analysis used to derive stoplight score Water aarity Long PARAMETER Report Card Region Term Upper State Bacteria 25th Upper Geometric Baseline Stoplight Limit Umk Criterion percentile LimitMean (Based on SCORE '96-64 data) _ Chlorophyll-A Arch Creek(AC) 1.05 1.65 0.68 1.32 2.714 - 1. Enterococci AC - 35 138.177 - 1 Total Phosphorus AC 0.004 0.009 0.007 0.007 0.033 - 1 Total Nitrogen AC 0.135 0.38 1.74 0.304 0.645 - 5 Water Clarity AC - - 1 2.07 1.25 1 Chlorophyll-A Black Creek(BL)° 0.26 0.43 0.21 0.344 1.222 - 1 Enterococd BL - 35 23.088 - 4 Total Phosphorus BL 0.004 0.009 0.006 0.007 0.008 - 2 •No MDC data for Total Nitrogen or water darity for period t of record;collected by5fWMD Chlorophyll-A Coral Gables(CG) 0.31 0.57 0.21 i 0.456 1.419 - 1 Enterococd CG - 35 21.788 - 4 Total Phosphorus CG 0.004 0.009 0.005 0.007 0.020 - 1 Total Nitrogen CG 0.135 0.38 0.203 0.304 0.575 - 1 Water Clarity CG - - 0.53 0.74 5 Chlorophyll-A Card Sound(CS) 0.26 0.29 0.22 0.232 0.526 - 1 Enterococci CS - 35 10 - 5 Invertebrates CS - - - - 3 Total Phosphorus CS 0.004 0.009 0.001 0.007 0.003 - 4 SAV CS - - - - 3 Total Nitrogen CS 0.135 0.38 0.204 0.304 0.307 - 2 Water Clarity CS 0.46 0.52 5 3.3, Enterococd Goulds Canal(GL)" 35 31.380 3 Total Phosphorus GL 0.004 0.009 0.01 0.007 0.015 1 Total Nitrogen GL 0.135 0.38 0.318 0.304 1.173 1 Water Clarity GL 1.23 2.53 5 ••No MDC data for Chlorophyll-a for period of record Chlorophyll-A Manatee Bay 0.35 0.24 0.28 0.722 - 1 • Invertebrates MB - - - - 1 Total Phosphorus MB 0.004 0.009 0.002 0.007 0.004 - 4 SAV MB - 3 Total Nitrogen MB 0.135 0.38 0.366 0.304 0.569 1 Water Clarity MB 0.61 0.77 5 ...No MDC data,Bacteria not collected in this region Chlorophyll-A Miami River(MR) 1.05 1.65 0.42 1.32 1.396 2 Enterococci MR 35 73.9 1 Total Phosphorus MR 0.004 0.009 0.009 0.007 0.011 1 Total Nitrogen MR 0.135 0.38 0.191 0.304 0.694 1 Water Clarity MR 0.94 L68 5 Chlorophyll-A North Central Inshore 0.31 0.57 0.28 0.456 0.659 1 (NCI) Enterococci NCI 35 12.747 5 Invertebrates NCI 3 Total Phosphorus NCI 0.004 0.009 0.002 0.007 0.005 3 SAV NCI 3 Total Nitrogen NCI 0.135 0.38 0.203 0.304 0.383 1 Water Clarity NCI 0.54 0.6 5 3.0 Page 976 of 2012 Biscayne Bay Report Card Page 28144 Table 7. Biscayne Bay Report Card analysis used to derive stoplight score,Con't Water Clarity Long Bacteria 0.8 x UPPer 25th Geometric Baseline Stoplight PARAMETER Report Card Region Term State Upper Limit mit Criterion percentile Unfit Mean (Based on SCORE 1644 data) Chlorophyll-A North Central 0.31 0.57 0.28 0.456 0.712 1 Offshore(NCO) Enterococci NCO 35 10 5 Invertebrates NCO 2 Total Phosphorus NCO 0.004 0.009 0.002 0.007 0.003 4 SAV NCO 3 Total Nitrogen NCO 0.135 0.38 0.182 0.304 0.353 2 Water Clarity NCO 0.62 1.17 5 3.1 Chlorophyll-A Northern North Bay 1.05 1.65 2.15 1.32 2.918 1 (NNB)-A Enterococci NNB-A 35 35 15.412 5 Invertebrates NNB-A 5 Total Phosphorus NNB-A 0.004 0.009 0.005 0.007 0.012 1 SAV NNB-A 2 Total Nitrogen NNB-A 0.135 0.38 0.187 0.304 0.376 2 Water Clarity NNB-A 0.76 1.26 5 3 . Chlorophyll-A NNB-B 1.05 1.65 0.93 1.32 1.578 2 Invertebrates NNB-B 5 Total Phosphorus NNB-B 0.004 0.009 0.003 0.007 0.008 2 SAV NNB-B 3 Total Nitrogen NNB-B 0.135 0.38 0.187 0.304 0.276 3 Water Clarity NNB-B 0.96 1.32 5 • 3.3 Enterococci Oleta River(OL}** - 35 150.8 - 1 Total Phosphorus OL 0.004 0.009 0.035 0.007 0.0354 - 1 Total Nitrogen OL 0.135 0.38 0.64 0.304 0.718 - 1 1111 Water Clarity OL - - 2.11 2.24 5 **No MDC data for Chlorophyll-a for period of record • Page 977 of 2012 Biscayne Bay Report Card Page29I44 Table 7. Biscayne Bay Report Card analysis used to derive stoplight score,Con't Water Clarity LongUpper Bacteria 25th 0.8 x Geometric Baseline Stoplight PARAMETER Report Card Region Term State Upper LimitlimitLimitCriterion percentile Limit Mean (Based on SCORE '96-'04 data) Chlorophyll-A Princeton Canal(PR)* 0.26 0.43 0.36 0.344 0.930 - 1 Enterococci PR - 35 16.922 - 5 Total Phosphorus PR 0.004 0.009 0.004 0.007 0.008 - 2 •No MDC data for Total Nitrogen or water clarity for period 2.7 of record;collected by SFWMD Chlorophyll-A (SCI)South Central Inshore 0.26 0.43 0.25 0.344 0.491 - 1 Enterococci SCI - 35 10.916 - 5 Invertebrates SCI - 1 Total Phosphorus SCI 0.004 0.009 0.003 0.007 0.005 3 SAV SCI 3 Total Nitrogen SCI 0.135 0.38 0.318 0.304 0.476 1 Water Clarity SCI 0.55 0.83 5 Chlorophyll-A South Central Mid 0.26 0.43 0.19 ' 0.344 0.426 2 Bay(5CM) Enterococci SCM 35 35 10 5 Invertebrates SCM 4 Total Phosphorus SCM 0.004 0.009 0.001 0.007 0.003 4 SAV SCM 4 Total Nitrogen SCM 0.135 0.38 0.232 0.304 0.335 2 Water Clarity _ SCM 0.54 0.66 5 3.7 • Chlorophyll-A South Central 0.26 0.43 0.16 0.344 0.245 4 Offshore(SCO) Enterococci SCO 35 35 10 5 Invertebrates SCO 4 Total Phosphorus SCO 0.004 0.009 0.001 0.007 0.003 4 SAV SCO 5 Total Nitrogen SCO 0.135 0.38 0.158 0.304 0.197 3 Water Clarity SCO 0.48 0.75 5 MEd Page 978 of 2012 Biscayne Bay Report Card P a g e 30144 Table 7. Biscayne Bay Report Card analysis used to derive stoplight score,Con't. Water Clarity LongUpper Bacteria 25th 0.8x Geometric Baseline Stoplight PARAMETER Report Card Region Term State Upper limit percentile Limit Mean (Based on SCORE '96-'04 data) Chlorophyll-A Southern North Bay 1.05 1.65 0.27 1.32 1.973 1 (SNB)-A Enterococci SNB-A 35 35 26.485 4 Invertebrates SNB-A 1 Total Phosphorus SNB-A 0.004 0.009 0.004 0.007 0.012 1 SAV SNB-A 1 Total Nitrogen SNB-A 0.135 0.38 0.187 0.304 0.394 1 Water Clarity SNB-A 1.83 1.41 2 Chlorophyll-A SNB-B 1.05 1.65 0.69 1.32 1.629 2 Enterococci SNB-B 35 35 21.749 4 Invertebrates SNB-B 1 Total Phosphorus SNB-B 0.004 0.009 0.003 0.007 0.007 - 3 SAV SNB-B 1 Total Nitrogen SNB-B 0.135 0.38 0.191 0.304 0.277 - 3 Water Clarity SNB-B - - 1.34 1.45 5 Chlorophyll-A SNB-C 1.05 1.65 0.42 1.32 1.380 2 Enterococci SNB-C 35 35 14.216 5 Invertebrates SNB-C 3 Total Phosphorus SNB-C 0.004 0.009 0.003 0.007 0.005 3 SAV SNB-C 1 Total Nitrogen SNB-C 0.135 0.38 0.191 0.304 0.256 3 Water Clarity SNB-C 0.90 1.23 5 (Turb) 3.1 Chlorophyll-A Snapper Creek(SP) 0.31 0.57 0.54 0.456 1.235 - Enterococci SP 35 35 69.576 - 2 Total Phosphorus SP 0.004 0.009 0.004 0.007 0.010 - 1 Total Nitrogen SP 0.135 0.38 0.203 0.304 0.619 - 1 Water Clarity SP - - 0.83 1.03 5 Water Clarity LongUpper Bacteria 25th 0.8 x Geometric Baseline Stoplight PARAMETER Report Card Region Term State Upper Limit Umit �� percentileUnlit (Based on SCORE Crit '96-'04 data) Enterococci WagnerC) Creek 35 - 35 753.610 - 1 Total Phosphorus WC 0.004 0.009 0.039 0.007 0.056 - 1 Total Nitrogen WC 0.135 0.38 0.68 0.304 0.617 - 1. Water Clarity WC - - 1.80 1.75 4 ••No MDC data for Chlorophyll-a for period of record Page 979 of 2012 Biscayne Bay Report Card Page 311.44 Habitat Quality Indicators The following habitat quality indicators are evaluated in the Biscayne Bay Report Card: ➢ Seagrasses and macroalgae communities can be found throughout Biscayne Bay. Not only do seagrasses cycle nutrients out of the water column and sediment,they also trap sediment in their root systems, helping to prevent turbidity and erosion.These natural ecosystem services help to stabilize shorelines and reduce wave energy from storms. As plants, seagrasses oxygenate the water column, and they provide habitat, shelter, and food for protected species as well as commercially and recreationally important species of fish and invertebrates, like crabs and lobster. Seagrasses also have the capacity to store carbon dioxide in their tissues and root systems for several decades, making them even more effective at carbon sequestration than terrestrial forests. Macroalgae are also effective at trapping sediments in the water column.The County is currently assessing whether areas of seagrass die-off may experience recovery due in part to an increase in calcareous green macroalgae that are helping to reduce turbidity, and possibly establishing conditions conducive to seagrass growth. > Sponges also provide important ecosystem services,such as providing habitat and a food source. One of the oldest groups of animals on earth,sponges grow attached to substrate and constantly filter water through their pores, making them useful indicators of water quality health.While not all substrate and ecological conditions are suitable for sponges,those areas where they have been documented over time in Biscayne Bay are surveyed as part of the County's habitat monitoring program. Indicators of habitat quality used in the Biscayne Bay Report Card include seagrass and macroalgae abundance as well as frequency of marine sponges.While seagrass beds, macroalgae communities,and hardbottom habitat that includes sponges vary in location throughout the bay, they each play a unique ecological role. Seagrass and macroalgae habitat scores are combined in the Biscayne Bay Report Card and are together regarded as"submerged aquatic vegetation"or SAV. Seagrass and Macroalgae(Submerged Aquatic Vegetation) Annual data collected by the County from each fixed station and stratified random polygon (Figure 6)were used to calculate score metrics on a scale of one to five,then averaged for each bay region.Data collected annually or quarterly as part of the County's Benthic Habitat Monitoring Program primarily includes Braun- Blanquet Cover Abundance collected throughout a network of random and fixed stations in Biscayne Bay. Station distribution and sampling frequency within each Region are notes in Table 8. Page 980 of 2012 Biscayne Bay Report Card Page32I44 Table 8. Station distributions and monitoring frequency within each Nutrient Region. REGION NUMBER TYPE SAMPLING OF FREQUENCY STATIONS Northern North Bay 2 2 Fixed Annual Southern North Bay 3 2 Fixed and 1 Random Annual North Central Inshore 13 to 19 Random Annual North Central Offshore 5 to 9 Random Annual South Central Inshore 8t 14 Random Annual South Central Middle 16 to 23 Random Annual South Central Offshore 42 to 49 Random Annual Little . Card Sound/Card 10 to 11 Random Annual Sound Manatee Bay!Bames Sound 24 Random Quarterly • Stability Metric: Each sampling unit started with a base score of five. This was determined by coverage dominance over time of the main seagrass species(Thalassia, Halodule or Syringodium) or algae group (Total Green Algae or Total Drift Red Algae). A maximum score(five)was applied when the dominant seagrass or algae group maintained constant coverage/dominance(i.e., less than 25%variation) through the period of record. Between one and four points were subtracted from this maximum score when change in coverage/dominance of the dominant seagrass species was observed.These changes are referred to as Negative Change Metrics. • Negative Change Metric:Between one and four points were subtracted from each fixed station and stratified random polygon based on the following criteria: o One point was subtracted from a maximum of five if given the following scenarios: • Changes in dominant seagrass species or algae group dominance during consecutive sampling years (i.e. shift from Thalassia dominated community to a Syringodium dominated community or to a Green Algae dominated community). • Less than 25% decrease in coverage of the dominant seagrass group from the historical maximum. • Less than 25%coverage of green algae or red algae since last the last sampling event Page 981 of 2012 Biscayne Bay Report Card Page33144 o Two points were subtracted from a maximum of five given the following scenarios: • Greater than 50% decrease in coverage of the dominant seagrass group from the historical maximum. ■ Greater than 25%coverage of green or red algae for two or more consecutive yeas or for at least four years of a 10 year period if the seagrass coverage had a concurrent reduction of 25%or more. It is noted that for the Southern North Biscayne subregion SNB-B,the 1999-2017 regional average values from the four fixed and one random stations were used and compared with data collected in 2018 to calculate the SAV score metrics. This is due to the adsence of available quantitative data in this particular subregion prior to 2018.These metrics were evaluated by region and a stoplight score was derlived(Tables 9-10; Figure 17). Table 9. SAV analysis used to derive the stoplight score Nutrient Regions/Subregions Score Average Stoplight score Northern North Bay(NNB-A) 2 Northern North Bay(NNB-B) 3 Southern North Bay(SNB-A) 1 Southern North Bay(SNB-B) 1 Southern North Bay(SNB-C) 1 North Central Inshore 2.54 3 North Central Off-Bay 3.13 3 South Central Inshore 3.18 3 South Central Mid-Bay 3.71 z � g South Central Off-Bay 4.65 ,�Y, j.._ An-00-04. Card Sound 3.18 3 Manatee Bay-Bames Sound 2.92 3 Table 10. Submerged Aquatic Vegetation (SAV)Range Criteria Page 982 of 2012 Biscayne Bay Report Card Page 34 144 Range Criteria for Score Stoplight Score Submerged Aquatic Vegetation(SAV) >4.5 5 • to 3.51-4.5 4 �`� � 2.51-3.5 3 Yellow 1.51-2.5 2 <1.5 1 Figure 17. Submerged Aquatic Vegetation Score,indicating poor conditions for seagrass(i.e., low coverage)and macroalgae in northern Biscayne Bay with fair conditions in nearshore areas and good conditions in areas in areas to the east in central Biscayne Bay. Page 983 of 2012 Biscayne Bay Report Card Page 35 144 2019 Biscayne Bay Report Card MIAMID Submerged Aquatic Vegetation Score ECM • • - • = , • • • • 1 • • • • • _ i- ; • ce . . J J - .:;, • • rte, 4 SAV Score • Data range:Jan-Dec 2018 - tMI Good I=Fair Poor ti No Data • Biscayne Bay Report Card Page 984 of 2012 Page 36 144 Invertebrates Average annual frequency of invertebrates(Sponges)between 1999 and 2009 within each Biscayne Bay Nutrient Region was used as reference value to calculate the Invertebrates Indicator.Through this period, the frequency of invertebrates was high and remained relatively stable. The stoplight score per region was calculated using annual frequency and historical frequency of invertebrates(sponges)observed in each region in 2018(Tables 11-12; Figure 18)using the following formula: Percent Frequency Score=Current year frequency* 100/Average frequency(1999-2009) Table 11. Invertebrates (Sponges) Score per Nutrient Region in Biscayne Bay based on the percent frequency score of polygons/fixed stations within each region. Nutrient Region Percent Stoplight Score Frequency Score Northern North Bay(NNB-A) 100 Northern North Bay(NNB-B) 100 _�_ _-�� � .-��,:,;�,� .a•-�_ Southern North Bay(SNB-A) 0 Southern North Bay(SNB-B) 18.60 Southern North Bay(SNB-C) 49.31 3 North Central Inshore 56.83 3. North Central Off-Bay 34.93 South Central Inshore 10.94 South Central Mid-Bay 63.43 South Central Off-Bay 62.25 Card Sound 45.19 3 Manatee Bay-Barnes Sound 10.29 Page 985 of 2012 Biscayne Bay Report Card Page 37144 Table 12. Invertebrate(sponge)Range Criteria Range Criteria for Invertebrate Score Score Stoplight Score 81%to 100% 5 t ;, ; 071 61%to 80% 4 hz_ 41%to 60% 3 Yellow 21%to40% 2 1%-20% 1 Page 986 of 2012 Biscayne Bay Report Card Page 38 144 Figure 18. Sponge Frequency Score, indicating poor conditions(i.e.,low frequency of sponges overtime)in some central, nearshore, and southern basins,fair conditions in southern Biscayne Bay, Card Sound, and some nearshore areas and good conditions in areas to the east in central Biscayne Bay. 2019 Biscayne Bay Report Card Sponge Frequency Score "'®100 • • • fiFl U t ;• t • f • • • e ; • . ' . Sponge Frequency Score Data range:Jan-Dec 2018 ma Good O Fair ®Poor NI No Data J' Page 987 of 2012 Biscayne Bay Report Card Page 3944 Fisheries Indicators The following fisheries were evaluated in the Biscayne Bay Report Card: > Blue crab, Spiny lobster, and Pink shrimp can spend all or part of their life cycle in Biscayne Bay. The data reported by the commercial fishers to FWC can provide insight each year into demand for these fisheries and a relative indication of how much was caught that year and value of that catch. In 2018, seagrass communities in Miami-Dade County supported nearly$3 million commercial harvest of spiny lobster, blue crab, and pink shrimp. Fisheries values are calculated using the annual number of trips and was obtained from FWC in addition to their commercial landings data, so that catch per unit effort could be established.Three commercially and recreationally important species were selected that are known to use submerged aquatic vegetation in Biscayne Bay for all or a part of their life cycle.These species include blue crab(Callinectes sapidus), spiny lobster(Panulirusargus),and pink shrimp(Farfantepenaeusduorarum).The data were standardized by calculating the annual catch per trip(corresponds to catch per unit effort),which was then compared to a measure of central tendency(Geometric mean or Median)as a baseline value derived from the same period of record between 1996 and 2004 that is thought to represent good ecological conditions in Biscayne Bay. The percent change,above or below,from the baseline value determines the Likert score (1-5) presented in Table 6, including a"Critical Threshold Value"that represents 20%below the Baseline. The average Likert score for the three species was translated into three categories representing good conditions, bad conditions,and fair conditions(Table 13). Table 13. Fisheries Score Criteria Range Criteria for the Annual Geometric Mean Score Stoplight (AGM) Score >40%above Baseline 5 s- 20%above Baseline to 40% above Baselines 4 s Baseline to"Target Value"(i.e.20%above Baseline) 3 Yellow Between Baseline and "Critical Threshold Value" (i.e. 2 20%Below Baseline) >20%below baseline 1 Discussion The Biscayne Bay Report Card provides an opportunity to share the overall health status of Biscayne Bay water quality, habitat quality, and fisheries values. In general,tributaries and canals in north and central Biscayne Bay are in Fair to Poor condition, while those areas further offshore tend to reflect healthier ecological conditions(Figure 1). Water Quality Phosphorus conditions in the northern part of the bay and northern and central tributaries are poor, indicating chronic nutrient loading issues. Nitrogen conditions are largely poor throughout the bay and its tributaries,with the other regions noted as fair. Page 988 of 2012 Biscayne Bay Report Card Page 40144 Chlorophyll-a levels are largely noted as poor throughout most of Biscayne Bay and its tributaries. Chlorophyll-a was elevated throughout the Bay and all the nutrient regions have exceeded the State's Numeric Nutrient Criteria for Impaired Waters since the State established criteria.Values for total nitrogen were also high in several regions within the Bay, but total phosphorus—the primary ecological driver within the greater Everglades ecosystem—was relatively low throughout the Bay, except in the northernmost basins of Biscayne Bay. The Combined Water Quality Score, a graphic representation of only water quality indicators bay-wide, indicates poor water quality conditions in several canals and the Julia Tuttle Basin (Figure 16). Generally, scores for phosphorus, nitrogen, and chlorophyll-a tend to be fair to poor along the coastline. (Figures 10- 12). Water clarity is generally good throughout the bay, with the northern part of Biscayne Bay and its canals facing considerable issues(Figure 13).Bacteria levels in canals are largely out of compliance with County and state standards(Figures 14-15). Habitat Quality The status of submerged aquatic vegetation is generally poor in northern Biscayne Bay as evidenced by steep declines in seagrass cover and recent mortality events. Those regions of Biscayne Bay most proximal to the shoreline are in fair condition,with reduction in seagrass overall and algal blooms occurring over the period of record(Figure 17).Habitats closest to shore in the central portion of the Bay are regarded as Fair-these areas are influenced by impacts from land uses that impact groundwater and surface water. Areas further offshore are noted as Good condition. Sponges are present throughout Biscayne Bay including in seagrass beds, hardbottom habitat,and sandy bottoms but have been documented through the County's benthic monitoring program in particular areas where substrate to grow on is suitable. Overall,there has been a decrease in the frequency of sponges, a marine invertebrate that serves as a key indicator of water quality health as their primary function and method of taking in nourishment is through filtering water through its cells(Figures 18-19). Figure 19.Annual sponge frequency in Biscayne Bay,indicating a decrease in frequency of observations over the period of record. Annual Sponge Frequency in Biscayne Bay 0.35 0.3 0.25 0.2 0.15 0.1 0.05 0 ge-1 O NO M D S S 74 LI; O N N N N O NO N N O O N O ON N N O Page 989 of 2012 Biscayne Bay Report Card Page 41144 Fisheries All three species, blue crab, spiny lobster,and pink shrimp, were above the long-term baseline harvest value in 2018, although the harvest decreased from the previous year, and Pink Shrimp harvests have declined in the past two years. Over the past ten years, blue crab catch per uniteffortwas generally below the established baseline whereas spiny lobster and pink shrimp catch were largely above. Figure 20.Annual Blue Crab Percent Change from 1996-2004 Baseline. Data indicate a positive change in harvest from 2017-2018 with a decrease Blue Crab Harvest Percent Change from Baseline 60 70 60 Percent Change 50 -Baseline 40 30 20 10 0 -10 -20 -30 -40 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Axis Title Figure 21.Annual Spiny Lobster Percent Change from 1996-2004 Baseline Lobster Harvest Percent Change from Baseline 70 • •-.t..:Percent'Change • 60 -Baseline \\a v, t %r 50 } ■_ ! 40 • t1 t • } } `tel 30 i ~ �j Ir tr y 10 • 2007 2006 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Page 990 of 2012 Biscayne Bay Report Card Page42144 Figure 22.Annual Pink Shrimp Percenfrom 1996-2004 Baseline Pink Shrimp Harvest Percent Change from Baseline ' 180 . ~0— DO Change160 150 Percent/ 140 130 120 110 zoo ` 90 80 > , 70 60 " ~ 50 40 ^ 30 ° ~ " 20 � ^ oo } o ° -~ -_ -10LU -- --- ------ --- ----2007 2008 znox unoy 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Figure 23.Percent change from baseline in catch perunit effortin pink shrimp,blue crab,and s 'nyhobmbafnonm2OO7 through 2018. Percent Change from Baseline NO ao zov ��p,eo�mn 160 150 --'^~~^'^~ 140 ze 120 / \ nm 90 /so 11 70 60 50 4° m � '' ```� � � *, .`� \` -° / � /' / o ~ '20 -`~' --- -4m --`�- =° - - _ - _ - - -� . ' ' - - - - ' _ _ _ ' - _ - - - - - 2097 2005 2009 2010 2011 2012 2013 2014 2015 2016 2017 mz Biscayne Bay RmomdCa� Page 081of2O12 ' Pa 8 o 43 |44 Working Today. Looking Ahead Miami-Dade County will continue to work collaboratively with federal and state agencies as well as municipal governments, community partners, and academic institutions to leverage resources, share knowledge,and take action to prioritize and promote the health of Biscayne Bay. The County will continue implementing and enhancing programs and initiatives that will serve to protect and restore Biscayne Bay water quality, habitat quality, and fisheries values. Current and Ongoing Projects: • Surface Water Quality Monitoring Program • Benthic Habitat Monitoring Program • Special studies to determine the source and fate of pollutants including nutrients and bacteria with a focus in the most non-compliant basins • Employing new technologies, including microbial source tracking and chemical tracers to better understand potential sources of pollutants • Integrating and enhancing groundwater and surface water monitoring data and data collection • Additional monitoring and special studies are being conducted to better understand how nutrients move into groundwater and surface water and how these nutrients are received and may impact the health of Biscayne Bay habitats Future Goals: • Implementation of recommendations from the Biscayne Bay Task Force • Enhanced partnership with state, federal, academic and community partners in implementing studies, strategies and other actions to understand the causes of and solutions to impacts on bay health Page 992 of 2012 Biscayne Bay Report Card P a g e 44 144 1: ',.i.,:' .- ' '`.. .-, -'-^' '''` ?' Y" - -,": I...:. `,.7.-.''......:-,:',-'-%.-,,--7,-;:i :.Z.' '1, ''% ;" ' - ' '''. --.:• ,' -',.... '- -''',-,--.' ,,.". 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