HomeMy Public PortalAbout2010-47 Approving an agreement Memorandum of Understanding between VKB and the National Park ServiceRESOLUTION NO. 2010-47
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN
AGREEMENT (MEMORANDUM OF UNDERSTANDING)
BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE
NATIONAL PARK SERVICE (BISCAYNE NATIONAL PARK)
FOR SEAGRASS RESTORATION WITHIN BISCAYNE
NATIONAL PARK AS MITIGATION FOR BEACH
RESTORATION IMPACTS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Village conducted a beach renourishment project within its jurisdiction in
2002; and
WHEREAS, the renourishment project resulted in impacts to seagrass habitat, for which in -
kind mitigation was required by the Florida Department of Environmental Protection (FDEP), the
US Army Corps of Engineers (Corps) and the Miami -Dade County Department of Environmental
Resources Management (DERM); and
WHEREAS, a substantial part of the required mitigation has been completed but, to date,
0.3 acre of the required mitigation remains to be completed; and
WHEREAS, the National Park Service (Biscayne National Park) and the Village have agreed
to collaborate on a project (Project) to restore 0.3 acre of impacted seagrasses within the boundaries
of Biscayne National Park; and
WHEREAS, the Project, as designed, is the result of ongoing discussions among the Park,
the Village and its consultants, and the FDEP, which have taken place over the past year; and
WHEREAS, the Project will result in the restoration of seagrass habitat in Biscayne
National Park for which federal funding is otherwise unavailable, as well as satisfaction of the
Village's remaining mitigation requirements for the aforementioned agencies; and
WHEREAS, the Project mitigation plan has been approved by FDEP and the Park as
appropriate for restoration and satisfaction of mitigation obligations; and
WHEREAS, the actual work implementing and monitoring the success of the Project will
be done by the National Park Service, with oversight by the Village's consultants; and
WHEREAS, the Project will be funded by the Village and the necessary funds are available in the
Village budget; and
WHEREAS, the Village Council finds that participation in the Project in accordance with
the terms and requirements set forth in the Memorandum of Understanding is in the best interest of
the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. Each of the above stated recitals are hereby adopted,
confirmed and incorporated herein.
Section 2. Agreement Approved. That the Memorandum of Understanding (MOU), in
substantially the form attached hereto, is hereby approved and the Village Manager is authorized to
execute the MOU on behalf of the Village.
Section 3. Village Manager Authorized. That the Village Manager is further authorized
to execute all documents necessary to implement the MOU on behalf of the Village.
Section 4. Village Manager and Attorney to Implement. That the Village Manager and
Village Attorney are authorized to take any and all action necessary to implement the MOU.
Section 5. Effective Date. This Resolution shall be effective immediately upon adoption.
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PASSED AND ADOPTED this 26th day of October , 2010.
MAYOR ROBERT L. VERNON
ATTE
ITA H. ALVAREZ, MMC, VILLAGE CL
APPROVED AS TO FORM AND LEGAL SUFFI
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MEMORANDUM OF UNDERSTANDING
Between the
NATIONAL PARK SERVICE
BISCAYNE NATIONAL PARK
And
THE VILLAGE OF KEY BISCAYNE
This Memorandum of Understanding (MOU) is entered into between the National Park Service
(NPS), a bureau of the United States Department of the Interior (Department), and the Village
of Key Biscayne (Village), a Florida municipal corporation, for the purpose of collaborating with
Biscayne National Park (Park).
Article I. Background and Objectives
The Park is one of the largest marine parks in the National Park System and was established to
preserve and protect a rare combination of terrestrial, marine, and amphibious life for the
enjoyment of present and future generations.
Seagrass meadows are an important nearshore habitat type located within the Park. Shallow
seagrass habitat in the Park is frequently impacted by vessel groundings. These incidents create
specific types of injuries to these resources, including propeller scars, blowholes, and berms.
Natural recovery from grounding injuries may take months to over a decade or longer,
especially when the injury extends deep into the sediment. The Park's general objectives for
restoring vessel grounding injuries in seagrass habitat include restoring topographic elevation at
those sites with substantial sediment excavation, restoring seagrass coverage of injured and
backfilled areas, and encouraging seagrass recruitment into injured and backfilled areas. These
objectives are accomplished by placing sediment fill, transplanting seagrasses, and applying
nutrients via bird stakes and fertilizer application.
The NPS estimates that less than ten percent of grounding incidents in the Park are reported.
Thus there are a large number of grounding injuries for which no responsible party is known,
and the Park refers to these as "orphan sites". Opportunities and funding for the restoration of
orphan sites are extremely limited.
The Village conducted an authorized beach renourishment project within its jurisdiction in
2000, under the following permits:
• Miami -Dade County Department of Environmental Resources Management (DERM)
Class I Coastal Construction Permit # CC99-347
• United States Army Corps of Engineers (COE) Individual Permit # 199904294 (IP-DSG)
• Florida Department of Environmental Protection (FDEP) Joint Coastal Permit # 0160856-
001-JC
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The renourishment project resulted in impacts to seagrass habitat, for which in -kind mitigation
was required to restore the functional services of seagrass habitat impacted by the
renourishment project. To date, 0.3 acre of the required mitigation remains to be completed.
The Park and the Village intend to collaborate on a project (Project) to restore 0.3 acre of vessel
grounding injuries of unknown origin (orphan sites) - in seagrass habitat within the Park.
The Project, as designed, is the result of ongoing discussions among the Park, the Village and its
contractors, and FDEP, which have taken place over the past year. The Project will result in the
restoration of seagrass habitat in the Park for which funding is otherwise unavailable, as well as
the satisfaction of the Village's remaining mitigation requirements for the aforementioned
permits.
The Project will take place on or immediately adjacent to "No Name Shoal" in the Park, a
seagrass bank located at approximately 25.57446 N, -080.27194 E, with numerous injuries from
multiple vessel groundings. In May, 2010, the Village and its contractors conducted aerial and
field surveys to identify specific injuries for inclusion in the Project. A total of 17 blowholes and
depressions identified in these surveys were selected for restoration in the Project. The 17
individual injuries range in size from 20 m2 to over 230 m2 and cover a total of 0.3 acre (1,214
m2). These were proposed for restoration in an amended mitigation plan and have been
approved by FDEP and the Park as appropriate for restoration. The seventeen sites are
depicted on Exhibit A with corresponding latitude and longitude coordinates denoted.
The restoration involves re-establishment of topographic elevation at the orphan sites and
provision of nutrients via bird stakes with the objective of encouraging seagrass recruitment
into the backfilled areas. The objective will be accomplished by placement of sediment fill into
excavations and installation of bird roosting stakes in the filled sites. Sediment placement into
blowholes or deep propeller scars returns the seafloor to its original grade and composition,
stabilizes the substrate to prevent further deterioration from erosion, and prepares the area for
colonization by seagrasses and macroalgae. Bird stakes placed in restoration areas encourages
roosting of waterfowl, which ensures the regular release of natural fertilizer over the sea floor
beneath the stakes, to enhance recolonization by seagrasses and macroalgae. It is estimated
that approximately 600 cubic yards of fill and approximately 300 bird stakes will be needed to
achieve the stated restoration objective of the Project. Restoration work will be contracted out
by NPS. Project management, contract oversight, and restoration monitoring will be conducted
by the Park.
As part of the Project, one Class II Private Aid to Navigation (PATON) will be installed prior to
the completion of restoration activities at the eastern end of "No Name Shoal", serving to mark
the shoal and reduce the risk of damage to the restoration efforts. The PATON will be a
"danger shoal" day board with a white flashing light on a 4 -second interval. The Park has
received conceptual approval from the U.S. Coast Guard (USCG) on the type and location of the
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PATON. PATON installation will be contracted out by NPS and maintained by the Park. The
PATON will require a USCG permit that will be obtained by the Park.
The purpose of this MOU is to establish the terms through which the Park and the Village will
accomplish the Project.
Article II. Statutory Authority
The NPS enters into this Agreement pursuant to the following legal authorities:
16 U.S.C. § 1-3 — General Authority to Take Actions That Promote and Regulate Units
of the National Park System
The NPS Organic Act directs the Secretary of the Interior to promote and regulate
National Park System lands by such means and measures as to conform to the
fundamental purpose of such lands, namely conservation of the scenery and natural and
historic objects and wildlife therein, and to provide for the enjoyment of these
resources in a manner and by such means as will leave them unimpaired for the
enjoyment of future generations.
16 U.S.C. § 6, 43 U.S.C. § 1473a — Authority to Accept Donations
The Secretary of the Interior in his administration of the National Park Service is
authorized, in his discretion, to accept patented lands, rights -of -way over patented
lands or other lands, buildings, or other property within the various national parks and
national monuments, and moneys that may be donated for the purposes of the national
park and monument system.
Authority to Expend Donated Funds: As a general rule, NPS may expend donated
funds, and use donated goods and services, for any activity for which appropriated
funds may be used, subject to the limitations noted in § 6.2 of Director's Order 21 (DO
#21). Authority to expend appropriated funds may, as appropriate, be derived from
many sources including the NPS Organic Act (16 U.S.C. §§ 1-4) and park -specific
legislation. Be aware that park -specific and other specific legislation may restrict NPS'
ability to rely on more general statutes, such as the NPS Organic Act, for legal authority
to expend funds on certain activities.
Article III. Responsibilities and Understandings of the Parties
A. The NPS and Village jointly agree to:
1. Work together, in good faith, for the benefit of the Park and the Village to
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accomplish the objectives articulated in this Agreement, ensure the success of the
relationship established by this Agreement, and identify other opportunities for
productive collaboration.
2. Ensure frequent and regular communications and actively participate in these
communications. The communications shall concern all matters under this
Agreement, including without limitation, the respective goals and responsibilities of
the parties.
3. Work together, in good faith, to promptly resolve differences at the level of the Key
Officials listed in Article V of this Agreement, prior to elevating matters within the
organization of either party, the Department, or the United States.
B. The NPS agrees to:
1. Project Contracting: Within 30 days of the date hereof, the contract package will be
submitted by the Park into the NPS contracting system. The anticipated procurement
acquisition lead time is then approximately 90-120 days to an award. The Park will
notify the Village if this timeframe will not be met and will provide the Village with a
new anticipated timeframe. Park staff will develop, compete, award, and administer the
restoration and PATON installation contract packages.
In the event that bids, proposals or change orders are received by the Park that differ in
scope or exceed the initial budgeted amount of $298,198 (for restoration) and $4,000
(for PATON cost and installation), or the annual budgeted amounts set for in
subparagraph 7 hereof, then the Park will not award said contract/s unless the Park and
the Village agree, by written amendment to this agreement.
The restoration contract will include the following work elements:
• Planning meeting, site visit/s
• Implementation plan, draft and final
• Fill placement
• Bird stake and restoration signage fabrication and placement
• Restoration completion report, draft and final
The marker installation contract will include the following work elements:
• Planning meeting/site visit
• Equipment procurement
• Equipment installation
Price and the following technical evaluation criteria to evaluate bids:
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" R e c e n t s p e c i a l i z e d e x p e r i e n c e
" P r o f e s s i o n a l q u a l i f i c a t i o n s
" P a s t p e r f o r m a n c e
2 . C o n t r a c t o r O v e r s i g h t : P a r k s t a f f w i l l p r o v i d e c a r e f u l o v e r s i g h t o f r e s t o r a t i o n a n d
m a r k e r c o n t r a c t o r s , t o e n s u r e t h a t t h e w o r k i s i m p l e m e n t e d c o r r e c t l y a n d e f f i c i e n t l y
a n d w i t h m i n i m a l c o l l a t e r a l r e s o u r c e i n j u r y . T h e V i l l a g e s h a l l b e n o t i f i e d o f t h e o v e r s i g h t
a c t i v i t i e s p r o p o s e d b y t h e P a r k i n s u f f i c i e n t t i m e t o a l l o w , b u t n o t r e q u i r e , t h e V i l l a g e t o
p a r t i c i p a t e o r o b s e r v e s u c h o v e r s i g h t e f f o r t s . n o t h i n g h e r e i n s h o u l d b e c o n s t r u e d t o
c o n s t i t u t e a n y o b l i g a t i o n o n t h e p a r t o f t h e V i l l a g e t o p a r t i c i p a t e i n s u c h o v e r s i g h t .
H o w e v e r , n o t h i n g c o n t a i n e d h e r e i n s h a l l b e c o n s t r u e d f o r s u c h c o o r d i n a t i o n t o d e l a y
P a r k a c t i v i t i e s u n d e r t a k e n u n d e r t h e t e r m s o f t h i s a g r e e m e n t .
3 . R e s t o r a t i o n M o n i t o r i n g a n d R e p o r t i n g : M o n i t o r i n g w i l l b e c o n d u c t e d b y P a r k s t a f f
a n d / o r i t s c o n t r a c t o r s f o r u p t o 5 y e a r s o r u n t i l t h e " s u c c e s s c r i t e r i a " a r e m e t . T h e
m o n i t o r i n g s c h e d u l e w i l l i n c l u d e a " t i m e z e r o " e v e n t ( i m m e d i a t e l y f o l l o w i n g r e s t o r a t i o n )
a n d a n n u a l m o n i t o r i n g s u r v e y s t o d o c u m e n t s e d i m e n t s t a b i l i t y a n d c o l o n i z a t i o n o f t h e
r e s t o r a t i o n s i t e s b y s e a g r a s s a n d c a l c a r e o u s g r e e n a l g a e . A p p r o x i m a t e l y 1 0 % o f e a c h
i n j u r y w i l l b e m o n i t o r e d , u s i n g r a n d o m l y - p l a c e d s q u a r e 0 . 2 5 m 2 q u a d r a t s . T h e
e q u i v a l e n t a r e a o f u n d i s t u r b e d a d j a c e n t r e f e r e n c e h a b i t a t w i l l a l s o b e m o n i t o r e d . I n
e a c h m o n i t o r i n g q u a d r a t , a m o d i f i e d B r a u n - B l a n q u e t s c a l e w i l l b e u s e d t o e s t i m a t e t h e
c o v e r / a b u n d a n c e o f s e a g r a s s a n d m a c r o a l g a e . I n 5 0 % o f t h e i n j u r y a n d r e f e r e n c e
q u a d r a t s p e r f e a t u r e , T h a l a s s i a t e s t u d i n u m s h o r t s h o o t s w i l l a l s o b e c o u n t e d f r o m
w i t h i n o n e c o r n e r o f t h e q u a d r a t e q u a l t o 0 . 0 6 2 5 - m 2 i n s i z e . A t e a c h m o n i t o r i n g e v e n t ,
q u a l i t a t i v e o b s e r v a t i o n s o f s e d i m e n t a n d b i r d s t a k e s t a b i l i t y w i l l a l s o b e n o t e d t o
d e t e r m i n e i f a n y s i g n i f i c a n t p h y s i c a l c h a n g e s h a v e o c c u r r e d w i t h i n t h e m i t i g a t i o n a r e a .
Q u a l i t a t i v e d i g i t a l p h o t o g r a p h s a n d / o r v i d e o d a t a w i l l b e a l s o b e c o l l e c t e d t o d o c u m e n t
t h e s i t e c o n d i t i o n s a n d s e a g r a s s r e c o v e r y .
T h e P a r k a g r e e s t o n o t i f y t h e V i l l a g e o f t h e t i m e s c h e d u l e f o r a n n u a l m o n i t o r i n g i n
s u f f i c i e n t t i m e t o a l l o w t h e V i l l a g e t o p a r t i c i p a t e o r o b s e r v e t h e m o n i t o r i n g e v e n t .
H o w e v e r , n o t h i n g c o n t a i n e d h e r e i n s h a l l b e c o n s t r u e d f o r s u c h c o o r d i n a t i o n t o d e l a y
P a r k a c t i v i t i e s u n d e r t a k e n u n d e r t h e t e r m s o f t h i s a g r e e m e n t .
T h e P a r k w i l l p r e s e n t t h e r e s u l t s o f m o n i t o r i n g d a t a c o l l e c t i o n a n d d e s c r i b e t h e c u r r e n t
s i t e c o n d i t i o n s i n o n e m o n i t o r i n g r e p o r t p e r a n n u a l m o n i t o r i n g e v e n t , f o r t i m e l y
s u b m i s s i o n t o t h e V i l l a g e a n d F D E P .
A t t h e e n d o f t h e 5 - y e a r m o n i t o r i n g p e r i o d , t h e s u c c e s s o f t h e P r o j e c t w i l l b e e v a l u a t e d
u s i n g o n e o f t h e f o l l o w i n g t w o d e f i n i t i o n s :
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Definition 1:
• T. testudinum density (shoots/m2) reaches 50% or greater within the
restoration sites compared to the reference sites.
Definition 2:
• T. testudinum density (shoots/m2) reaches 30% or greater within the
treatment sites compared to the reference sites
• T. testudinum density (shoots/m2) demonstrates a trending increase at a 95%
confidence level
• the total coverage -abundance estimates of all seagrass and calcareous green
algae species reaches 60% or greater than those of the reference sites.
4. Marker Inspection/Maintenance: Park staff will inspect the PATON twice annually
and maintain it as needed for a five-year period following installation, to ensure proper
performance. The Park agrees to notify the Village of the time schedule for this
monitoring in sufficient time to allow the Village to participate or observe the
monitoring event. However, nothing contained herein shall be construed for such
coordination to delay Park activities undertaken under the terms of this agreement.
5. Summary Reporting: The Park will submit annual financial reports to the Village that
provide a summary of activities conducted, expenditure of donation funds to date, and
suggested budget modifications for subsequent Project years as needed.
6. Additional remedial effort: in the event, for whatever the reason, the initial
restoration efforts do not achieve the success criteria or are clearly not trending
towards success, as noted above, and one additional remediation effort is required by
the FDEP, pursuant to paragraph c.5 below, the Park agrees to allow such additional
remediation, subject to the Village and the Park reaching written agreement regarding
the budget for such additional event.
7. Budget: The Park has developed the following budget for the Project. This is an
estimate and is based on the Park's extensive experience implementing and monitoring
similar seagrass restoration projects.
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BISC-VKBySEAGRASSRESTORATION BUDGET
YR 1
YR 2
YR 3
YR 4
YR 5
YR 6
TOTALS
NPSOversighti Onitoring . Description Estimated Rate
Cost LOE
Cost LOE
Cost LOE
Cost LOE
Cost LOE
Cost LOE
Line item Cost
Ecologist (GS -12)
Project mgmt/oversight
$104,838
per year
$20,968
20%
$3,302
3%
$3,460
3%
$3,617
3%
$3,774
3%
$3,931
3%
$39,052
Biologist (GS -9)
Field ops oversight/reporting
$67,775
per year
$13,555
20%
$2,135
3%
$2,237
3%
$2,338
3%
$2,440
3%
$2,542
3%
$25,246
Biol Sci Technician (GS -7)
Field/monitoring
$55,408
per year
$8,311
15%
$6,981
12%
57,314
12%
$7,646
12%
$7,979
12%
$8,311
12%
$46,543
Biol Sci Technician (GS -6)
Field/monitoring
$49,861
per year
$7,479
15%
$6,282
12%
$6,582
12%
$6,881
12%
$7,180
12%
$7,479
12%
$41,883
Res. Mgmt. Division Chief
Program oversight
5116,876
per year
$1,169
1%
$1,227
1%
$1,286
1%
$1,344
1%
$1,403
1%
$1,461
1%
$7,889
Seagrass Monitoring Expert
Monitoring design, data
$160,229
per year
$1,602
1%
$1,682
1%
51,763
1%
51,843
1%
$1,923
1%
$2,003
1%
$10,815
Equipment
Misc supplies, gear
1
lump sum
51,000
LS
$500
LS
$500
LS
$500
LS
$500
LS
$500
LS
$3,500
Vessel Costs
Travel to/fr restoration sites
$55
lhr/day
53,300
60 days
51,100
20 days
51,100
20 days
51,100
20 days
51,100
20 days
$1,100
20 days
$8,800
Subtotal:
$57,384
$23,211
$24,240
$25,269
$26,298
$27,327
$183,729
Total
Marker -
Cost LOE
Cost LOE
Cost LOE
Cost LOE
Cost
LOE
Cost LOE
Line Item Cost
Contract
Includes purchase/install
1
lump sum
$4,000
LS
--
-
--
--
-
--
--
--
--
--
$4,000
Maintenance Technician
Marker inspect/maint
$31
per hour
--
--
$248
8 hrs
$260
8 hrs
$273
8 hrs
$285
8 hrs
$298
8 hrs
$1,364
Maintenance Technician
Marker inspect/maint
$23
per hour
--
--
5184
8 hrs
5193
8 hrs
$202
8 hrs
$211
8 hrs
$220
8 hrs
$1,010
Vessel Costs
Travel to/fr marker site
$78
3hr/day
-
--
$468
6 hrs
$491
6 hrs
$515
6 hrs
$538
6 hrs
$562
6 hrs
$2,574
Subtotal:
$4,000
$900
$945
$990
$1,035
$1,080
$8,948
Total
Ristaration Contract
Cost QTY
Line Item Cost
Planning Meeting
1
lump sum
$10,000
LS
Implementation Plan
1
lump sum
$10,000
LS
Fill
$433
per cy
$262,138
605.4 cy
Stakes
$20
per stake
$6,060
303 stakes
Completion Report
1
lump sum
Subtotal*
$10,000
LS
$298,198
$298,198
Total
BUDGET SUMMARY BY YEAR
$359,582 Yr. 1
$24,110 Yr. 2
$25,185 Yr. 3
$26,259 Yr. 4
$27,333 Yr. 5
$28,407 Yr. 6
$490,875 Project Total
BUDGET SUMMARY BY -CATEGORY NPS Contracting, Implementation, Monitoring
Shoal Marker Contract and Maintenance
Restoration Contract
PROJECT TOTAL:
$183,729
$8,948
$298,198
Project Total
$490,875
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C. The Village agrees to:
1. Donate funds in the total amount of $490,875 to Biscayne National Park to support
the Project. These funds will be donated in annual increments at the start of each
Project year (with the first installment to be made by execution date of this
Agreement) according to the budget estimate provided in this Agreement:
Yr. 1 $359,582
Yr. 2 $24,110
Yr. 3 $25,185
Yr. 4 $26,259
Yr. 5 $27,333
Yr. 6 $28,407
Total Donation $490,875
Should actual Project costs vary, donation amounts for subsequent Project years
may be adjusted accordingly by agreement of the parties in writing. The Village
understands that Project year work may not commence until funds for that year
have been donated and that work will not continue if funds are not received.
2. For Project planning purposes, the Village has provided the complete survey results
from the field assessment conducted by the Village and its contractors for the
seventeen selected mitigation sites at No Name Shoal.
3. The Village has developed monitoring parameters and success criteria that are
acceptable to FDEP and the Park and a copy of the document evincing FDEP's
approval is attached hereto as Exhibit "B".
4. Notify the Park in a timely fashion of any issues and concerns related to the annual
monitoring reports and interpretations of Project success.
5. Implement one remedial effort to offset any shortfalls of the Project if either of the
following occur:
• Monitoring data do not support one of the two success definitions
• at any point during the monitoring period, an unanticipated event
substantially alters the physical site conditions, thereby limiting or
preventing natural re -colonization of the mitigation sites.
The nature, scale and scope of the remedial actions will be dependent on the level at
which Project success was not met. Should such additional remedial action be
needed, the Village will seek the approval of the proposed additional remedial
action from the FDEP and a modification to this MOU will be prepared for approval
by the Park and the Village.
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Article IV. Term of Agreement
Unless earlier terminated by operation of the terms of this Agreement, or by agreement of the
parties in writing, this Agreement will be in effect for a period of six (6) years beginning on the
date the last signature is affixed to this Agreement or at such earlier time as the success criteria
are achieved.
Anticipated Project activities by year are as follows, with an anticipated start date of November,
2010.
• Year 1: Restoration contracting and/or implementation of: 1) restoring the
seventeen selected sites using the approved methods described in the Village's
FDEP-approved addendum to the restoration and mitigation plan; 2) the PATON
marker installation; and 3) baseline monitoring conducted by the Park.
• Years 2-6: Annual monitoring of restoration area and biannual inspection and
maintenance of PATON.
Article V. Termination
Either Party may terminate this Agreement for default in the terms hereof but only after the
non -defaulting party notifying the other party of such default, in writing, and by providing thirty
(30) days written notice setting forth the reasons for proposing termination and giving the
other party thirty (30) days to cure said default.
Article VI. Key Officials and Notices
A. Key Officials
The personnel specified below are considered essential to the successful coordination and
communication between the Village and the Park for the work to be performed pursuant to
this Agreement. Upon written notice to the other party, either party may designate an
alternate to act in the place of the designated Key Official, or designated a new Key Official.
9
For Biscayne National Park:
Mark Lewis or his successor
Superintendent
Biscayne National Park
9700 SW 328 Street
Homestead, Florida 33033
305-230-1144 phone
305-230-1190 fax
Mark_lewis@nps.gov email
For the Village of Key Biscayne:
Genaro "Chip" Iglesias or his successor
Village Manager
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, FL 33146
305-365-5511 phone
305-365-8936 fax
chip@keybiscayne.fl.gov email
B. Notices
Any notice from one party to all the other parties related to this Agreement shall be in
writing and delivered by mail, personal delivery, electronic delivery or other appropriate
means, to the first Key Official of the other party at the address or contact number
indicated above, or at such other address or contact number for such Key Official as may
be provided by the other party from time to time, and shall be considered delivered
upon receipt at the office of such Key Official.
Article VII. Required Clauses
A. Non -Discrimination: All activities pursuant or in association with this Agreement shall
be conducted in compliance with the requirements of Executive Order 11246; Title VI of
the Civil Rights Act of 1964, as amended (78 Stat. 252; 42 U.S.C. § 2000d et seq.); Title V,
Section 504 of the Rehabilitation Act of 1973 (87 Stat. 394; 29 U.S.C. § 794); the Age
Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§ 6101 et seq.); and with all other
federal laws and regulations prohibiting discrimination on grounds of race, color, sexual
orientation, national origin, disabilities, religion, age, or sex.
10
B. NPS Appropriations: Pursuant to 31 U.S.C. § 1341, nothing contained in this Agreement
shall be construed to obligate the Department of the Interior or the United States to any
current or future expenditure of funds in advance of the availability of appropriations
from Congress. Nor does this Agreement obligate the Department of the Interior or the
United States to spend funds on any particular project or purpose, even if funds are
available.
C. Prior Approval: The Village shall obtain prior written approval from the NPS before:
1. Holding special events within the Park;
2. Entering into third -party agreements of a material nature regarding the Park;
3. Assigning or transferring this Agreement or any part thereof;
4. Constructing any structure or making any improvements within the Park's
boundaries;
5. Releasing any public information that refers to the Department, the NPS, the Park,
any NPS employee (by name or title), this Agreement or the Project contemplated
hereunder. However, in the event the information requested qualifies as a "public
record", under the provisions of Chapter 119, Florida Statutes, the Village may
provide those records without written approval from the NPS, but shall also notify
the NPS of the request and by providing copies of the requested information to the
NPS.
D. Compliance with Applicable Laws: This Agreement and performance hereunder is
subject to all laws, regulations and management policies including those governing the
NPS property and resources, whether now in force or hereafter enacted or
promulgated. Nothing in this Agreement shall be construed as in any way impairing the
general powers of the NPS for supervision, regulation, and control of its property under
such applicable laws, regulations, and management policies. Nothing in this Agreement
shall be deemed inconsistent with or contrary to the purpose of or intent of any Act of
Congress.
E. Limitation on Lobbying: The Village will not undertake activities, including lobbying for
proposed Village or NPS projects or programs, that seek to either: (1) alter the
appropriation of funds included in the President's budget request to Congress for the
Department of the Interior or another federal agency that holds funds for the sole
benefit of the NPS under Congressionally authorized programs, including the Federal
Lands Highway Program; or (2) alter the allocation of such appropriated funds by NPS or
another Federal agency. Nothing in this paragraph is intended to preclude the Village
from applying for and obtaining a competitive or non-competitive grant of Federal
financial assistance from a Federal agency, or from undertaking otherwise lawful
activities with respect to any Village or NPS activity, project or program included in the
President's budget request to Congress. Nothing in this paragraph should be construed
as NPS requesting, authorizing or supporting advocacy by nonfederal entities before
Congress or any other government official. Except as provided herein and in applicable
11
laws, nothing in this paragraph shall be construed to curtail the Village's ability to
interact with elected or appointed officials.
F. Disclaimers of Government Endorsement: The Village will not publicize or circulate
materials (such as advertisements, solicitations, brochures, press releases, speeches,
pictures, movies, articles, manuscripts, or other publications), suggesting expressly or
implicitly, that the Government, the Department, NPS, or Government employees
endorse the Village's business, goods, or services. All materials referring to the
Government must be approved by the NPS Key Official prior to publication. Nothing
herein is intended to prevent the NPS or the Department of the Interior from
recognizing the Village or contributions made by the Village to NPS, and from
authorizing an inclusion of such recognition in materials generated by the Village related
to this Agreement.
G. Modifications: This Agreement may be extended, renewed or amended only when
agreed to in writing by the NPS and the Village.
H. Waiver: Failure to enforce any clause of this Agreement by either party shall not
constitute waiver of that clause. Waivers must be express and evidenced in writing.
I. Agency: The Village is not an agent or representative of the United States, the
Department of the Interior, or the NPS, nor will the Village represent itself as such to
third parties. The NPS is not an agent or representative of the Village, nor will the NPS
represent itself as such to third parties.
J. Partial Invalidity: If any provision of this Agreement or the application thereof to any
party or circumstance shall, to any extent, be held invalid or unenforceable, the
remainder of this Agreement or the application of such provision to the parties or
circumstances other than those to which it is held invalid or unenforceable, shall not be
affected thereby and each provision of this Agreement shall be valid and be enforced to
the fullest extent permitted by law.
12
Article VIII. Signatures
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth
below.
FOR THE VILLAGE OF KEY ISCAYNE
Genaro "Chip" Iglesias
Village Manager, Village of Key Bisc. e
FOR THE NATIONAL PARK SERVICE
AI
l ,...._z____ •
r -c -t -r -e4
le hi //id
Date
Mark Lewis Date
Superintendent, Biscayne National Park
r l 1g/it)
13
Addendum to Seagrass Restoration and
Mitigation Plan: Village of Key Biscayne
Second Revision
July 2010
Prepared for:
COASTA1.
SYSTEMS
ivterr.vilO L
Ms. Penny Cutt
Environmental/Permitting Regional Manager
Coastal Systems International, Inc.
2047 Vista Parkway, Suite 101
West Palm Beach, Florida 33411
Prepared by:
CSA
CSA International, Inc.
8502 SW Kansas Avenue
Stuart, Florida 34997
Telephone: 772-219-3000
Addendum to Seagrass Restoration and
Mitigation Plan: Village of Key Biscayne
Second Revision
July 2010
Prepared for:
cowsTAI
SYSTEMS
1\Y truriu �aL
Ms. Penny Cutt
Environmental/Permitting Regional Manager
Coastal Systems International, Inc.
2047 Vista Parkway, Suite 101
West Palm Beach, Florida 33411
Prepared by:
CSA
CSA International, Inc.
8502 SW Kansas Avenue
Stuart, Florida 34997
Telephone: 772-219-3000
Background
Since 2008, the Village of Key Biscayne (VKB) and CSA International, Inc. (CSA) have submitted two
mitigation and restoration plans with a goal of meeting the 1.33 acres of required mitigation. In October
2009, CSA submitted the Seagrass Restoration and Mitigation Plan: Village of Key Biscayne, Second
Revision (SRMP) (CSA International, Inc., 2009) describing the overall mitigation and monitoring program
including those activities completed in 2008 and proposed additional in -kind seagrass mitigation. In
November 2009, Florida Department of Environmental Protection (FDEP) authorized CSA and the VKB to
proceed with additional in -kind seagrass mitigation (sediment fill) and the associated monitoring
approaches as proposed in the SRMP. In March 2010, CSA completed 0.61 acre of authorized seagrass
mitigation, an increase over the anticipated acreage, providing a total of 1.01 acres of seagrass mitigation
undertaken to date, leaving 0.30 acre outstanding.
Section 3.2 of the SRMP, Alternatives for Meeting the Outstanding Mitigation, presented a range of
options and the preferred alternative to address the mitigation balance; however, FDEP determined that
the preferred alternative (out -of -kind mitigation) would not meet the objectives of the program. To date, a
complete mitigation plan has not been approved. In order to find an acceptable approach, VKB, FDEP,
Coastal Systems International, Inc. (CSI), Biscayne National Park (BISC), and CSA have been
coordinating to develop an in -kind seagrass mitigation project within BISC that would meet FDEP
requirements. The purpose of this addendum is to provide information specific to the BISC in -kind
restoration project so that a final mitigation plan can be approved and replace Section 3.2 of the SRMP
(CSA International, Inc., 2009).
Biscayne National Park In -Kind Seagrass Mitigation
In February 2010, BISC provided a mitigation project outline on the process, location, general approach,
monitoring, shoal marking, and roles of the National Park Service (NPS) relative to this project. The
location, referred to as "No Name Shoal," is a seagrass bank located at approximately 25.57446 N,
-080.27194 E and is scarred with numerous seagrass injuries from multiple vessel groundings. Several
scenarios were discussed regarding restoration methods that could be applied in this area including
seagrass transplantation, fertilization (bird stakes), and topographic restoration (sediment fill). It was
determined that topographic restoration would most likely provide the best project in terms of mitigation
credit and overall project value, and any survey would likely be focused primarily on sites that would
benefit from sediment fill.
Site Surveys
To verify the suitability of sites for in -kind seagrass mitigation, CSA performed aerial and field surveys to
identify specific injuries for consideration and potential inclusion into a proposed restoration approach. In
May 2010, CSA performed a qualitative aerial survey from a helicopter and collected digital photographs
to confirm locations of individual seagrass injuries. The images were used to create a base map of
injuries and support the quantitative field survey. Subsequent to the aerial survey, CSA conducted a
reconnaissance of both shallow injuries (< 20 cm deep) that would not require sediment fill and deeper
injuries (> 20 cm) in need of sediment fill and confirmed suitable sites within the "No Name Shoal" area.
Inspection of the shallow water injuries revealed that both Halodule wrightii (shoal grass) and
Syringodium filiforme (manatee grass) had begun colonizing many of the shallow injury sites, thereby
stabilizing the sediments that will likely support re -colonization by the surrounding climax species,
Thalassia testudinum (turtle grass), over time.
Observations of natural recovery within the shallow injuries verified the assumption that the field survey
efforts should be solely focused on the deeper scars (> 20 cm) that would require topographic restoration
with sediment fill. Potential sediment fill sites that met the criteria described in Section 2.5 of the SRMP,
Joint FDEP and CSA Field Survey, were delineated using a Trimble GeoXH GPS unit integrated with a
Hyrdolite-XT portable Bluetooth hydrographic survey system.
1
Short shoot counts of non -injured seagrass habitat adjacent to the proposed restoration sites were also
collected and used to estimate seagrass density. The density of T. testudinum, the dominant seagrass
and target species, is estimated at 1,000 shoots/m2. H. wrightii and S. filiforme are also present in this
mixed species community, but at lower densities.
Proposed Mitigation Sites
A total of 17 blowholes and depressions (Figures la and 1b) ranging in size from 20 m2 to over 230 m2
and covering 0.3 acre (1,214 m2) within the "No Name Shoal" area were identified as suitable for
topographic restoration and met the site selection criteria in Section 2.5 of the SRMP. Geo-spatial
(ArcView shapefiles) and summarized results from the bathymetric field investigations were provided to
FDEP and BISC for review and discussion. A summary of the data including area (m2), estimated volume
(yd3) of sediment fill required, and number of bird stakes required according to site is provided in Table 1.
Table 1. Proposed seagrass mitigation sites, area (m2), estimated sediment fill volume (yd3), and number
of bird stakes in Biscayne National Park.
Biscayne National Park Sites
Proposed Site
Area (m2)
Estimated
Fill Volume (yd)
Bird Stakes
BISC-1
70.5
26.2
18
BISC-2
46.6
17.7
12
BISC-3
98.3
30.6
25
BISC-6
47.8
25.2
12
BISC-7
65.7
30.3
16
BISC-12
67.7
33.1
17
BISC-13
20.5
11.0
5
BISC-14
26.0
23.3
6
BISC-17
31.2
32.3
8
BISC-18
62.7
73.8
16
BISC-19
117.0
63.6
29
BISC-20
65.7
43.6
16
BISC-21
113.6
60.2
28
BISC-22
27.4
16.1
7
BISC-23
236.2
70.4
59
BISC-24
83.7
27.7
21
BISC-25
33.1
20.3
8
Total = 17
1,213.5
605.4
303
Outstanding Mitigation (Village of Key Biscayne)
Restoration Methods
0.3 acre = 1,214 m2
Topographic restoration of each of the proposed restoration sites is the primary method recommended. A
sediment fill mixture appropriate for use in BNP will be used to bring each of the seagrass injuries to
grade with the surrounding unimpacted area to stabilize the injury and prevent further erosion. A detailed
description of the benefits of sediment fill is provided in Section 3.1.2 of the SRMP (CSA International,
Inc., 2009). BNP has stated that sediment bagging will not be necessary (Amanda Bourque, personal
communication, 10 June 2010); therefore, the fill will be placed as loose fill. Each fill site will also be
treated with bird roosting states to encourage natural fertilization and encourage re -growth of seagrasses
into the filled sites. A general assumption is that one bird stake/m2 will be installed; however, post -fill site
conditions will dictate the final number and distribution of bird stakes per site. BNP will select an
environmental contractor to develop a site -specific restoration plan based on geo-spatial and bathymetric
data provided by CSA, as well as the estimates of volume and bird stakes (Table 1) and generally
described methods provided within this addendum.
2
Figure 1 a. Proposed mitigation sites in Biscayne National Park.
3
Figure 1 b. Proposed mitigation sites in Biscayne National Park.
4
Monitoring and Success Criteria
Following completion of restoration activities, monitoring will be performed to evaluate the success
of the efforts and assess the recovery of the injured areas with respect to ecological function via
evaluation of sediment stabilization and colonization by seagrass and macroalgae over time.
Pursuant to discussions with BNP and using available data on recovery rates, CSA submitted
proposed success criteria in a 2 July 2010 memorandum, which reflected the species composition,
density of the target species, and program objectives. Following FDEP review and subsequent
discussions both internally and with BNP, the FDEP responded with revised success criteria they
would be willing to accept. The success of the BNP seagrass mitigation project will be evaluated
using the following criteria:
• Thalassia testudinum density (shoots/m2) should reach 50% or greater density within the
treatment sites compared to the reference sites.
OR
• Thalassia testudinum density (shoots/m2) should reach 30% or greater density within the
treatment sites compared to the reference sites, and demonstrate a trending increase at a 95%
confidence level; the total coverage -abundance estimates of all seagrass and calcareous green
algae species should be 60% or greater compared to the reference sites.
Although these criteria reflect what is believed to be reasonably achievable, limited information is
available on recovery rates within BNP due to the infancy of the ongoing seagrass restoration
monitoring programs. Anecdotal information from two sites where restoration activities occurred
approximately 3 years prior indicates that T. testudinum cover (visual canopy) has reached
between 27% to 35% of the reference area (Amanda Bourque, personal communication,
18 June 2010).
Monitoring Schedule and Parameters
Monitoring will be conducted by BNP staff and/or contractors for up to 5 years or until the success
criteria are met. The monitoring schedule will include a "time zero" (immediately following
post -restoration) and annual monitoring surveys to document sediment stability and colonization of
the treatment sites by seagrass and calcareous green algae over a specified period of time. The
number of monitoring sites will be selected by BNP based on the level of effort calculated into the
agreed upon monitoring budget provided to the VKB. Currently, 40% of the sediment fill/bird stake
mitigation sites outside BNP are being monitored as part of this program and should be used as a
target value if the allocated time allows.
BNP utilizes the Braun-Blanquet method for estimating cover/abundance, while the current
monitoring approach required by the FDEP for the VKB project requires direct short shoot counts
for estimating density of T. testudinum. Short shoot counts will be collected within the restoration
treatment sites and surrounding undisturbed (reference) areas. The number of short shoots of
T. testudinum will be counted from within a gridded 0.0625-m2 quadrat (0.25 m x 0.25 m) (sensu
Tomlinson and Vargo, 1966). A stratified random approach will be used to ensure quadrat
placement is not limited to the central, interior portions of the treatment site and that the edge and
near -edge (within 1 m) areas where seagrass in -growth from the surrounding non -impact areas into
the treatment sites are evaluated. A minimum of 10 quadrats (data points) per site should be
collected while at the larger monitoring locations, up to 20 quadrats (data points) may be
appropriate as time and budget allows. To obtain the best estimate and avoid inclusion of
nonresident biota in the count, the data collector will remove any drift algae or decaying seagrass
leaves prior to data collection to expose attached short shoots.
5
During each monitoring survey, the community composition and percent cover of seagrass within
the restoration treatment sites and reference areas will also be assessed by means of a modified
Braun-Blanquet technique (Braun-Blanquet, 1932; Fourqurean et al., 2001; Kenworthy and
Schwarzchild, 1997). With this method, the seagrass within a 0.25-m2 quadrat (divided into 5 cm x
5 cm grids) will be identified and assigned a cover -abundance scale value as presented in Table 2.
The percent cover per individual species and the total seagrass cover will be determined by
averaging the Braun-Blanquet scores by species and total cover over all quadrats assessed within
each treatment site and reference area. Additionally, qualitative digital photographs and/or video
data will be collected to document the site conditions and seagrass recovery. Qualitative
observations of sediment and bird stake stability will also be noted to determine if any significant
physical changes have occurred within the mitigation area.
Table 2. Braun-Blanquet (1932) community composition and percent cover scale values.
Scale Value
Percent Cover
0.0
Not present
0.1
Solitary specimen
0.5
Few with small cover
1
<5%
2
5% to 25%
3
25% to 50%
4
50% to 75%
5
75% to 100%
Private Aid to Navigation
As part of the BNP mitigation project, one Class II Private Aid to Navigation (PATON) will be
installed at the eastern end of the "No Name Shoal" per BNP staff requirements. The PATON will
serve to mark the shoal, reduce the risk of damage to the restoration efforts, and minimize the risk
of new groundings impacting the sites and shoal for the life of the marker. The VKB will support the
installation while BNP will contract the sign installation and be responsible for long-term
maintenance.
Contingency Plan
As part of the annual monitoring surveys, BNP staff will prepare and submit reports to VKB and
FDEP presenting the results of data collection and describing the current site conditions. At the
end of the monitoring period, contingency mitigation may be necessary to offset any shortfalls of the
mitigation program if either of the following occur: 1) data do not support the mitigation program
meeting established criteria or 2) at any point during the monitoring period an unanticipated event
substantially alters the physical site conditions, thereby limiting or preventing natural re -colonization
of the mitigation sites. The scale and scope of the contingency mitigation will be dependent on the
level at which the mitigation failed to meet the goals of the program. FDEP has stated that
regardless of the timing or scope of any necessary contingency measure, they will hold the VKB
responsible for only one post -restoration remedial event.
6
Literature Cited
Braun-Blanquet, J. 1932. Plant Sociology: The Study of Plant Communities. G.B. Fuller and H.S.
Conrad, Eds. Koeltz Scientific Books.
CSA International, Inc. 2009. Seagrass Restoration and Mitigation Plan: Village of Key Biscayne,
Second Revision, 31 pp.
Fourqurean, J., A. Willsie, C.D. Rose,'and L.M. Rutten. 2001. Spatial and temporal pattern in
seagrass community composition and productivity in south Florida. Marine Biology
139:341-354.
Kenworthy, W.J. and A. Schwarzchild. 1997. Vertical growth and short shoot demography in
Syringodium filiforme in outer Florida Bay, USA. Marine Ecology Progress Series
173:25-37.
Tomlinson, P.B. and G.A. Vargo. 1966. On morphology and anatomy of turtle grass,
Thalassia testudinum (Hydrocharitaccae). I. Vegetative morphology. Bull. Mar. Sci.
1:748-761.
7
Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
CERTIFIED - RETURN RECEIPT REQUESTED
October 27, 2010
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, FL 33149
c/o
Penny Cutt, Permitting Manager
Coastal Systems International, Inc.
464 S. Dixie Highway
Coral Gables, FL 33149
Permit Modification No. 0160846-012-JN
Permit No. 0160846-001-JC, Miami -Dade County
Key Biscayne Beach Nourishment Project (Seagrass Mitigation)
Dear Ms. Cutt:
Charlie Crist
Governor
Jeff hottl.amp
Lt. Governor
Mimi A. Drew
Secretary
Your request to modify Permit No. 0160846-001-JC was received on July 30, 2010, and has been
reviewed by Department staff. The proposed permit modification is to revise Specific Condition
No. 14 to incorporate a final seagrass mitigation plan for previous impacts.
The following information describes the project history from the time of original permit
issuance, and the subjects directly related to the proposed modification. For additional
background, please see the Consolidated Notice of Intent to Issue for Joint Coastal Permit (JCP)
No. 0160846-001-JC, dated April 21, 2000, available at the Bureau website:
www.dep.state.fl.us/beaches/permitting/dade.htm
Project Area History
The beaches at Key Biscayne were first restored in 1987, under DER Permit No. 13-0302989,
with the placement of approximately 420,000 cubic yards of material between DEP Reference
Monuments R-101 and R-113. In 1998 the Department issued Coastal Construction Control
Line Permit No. DA -372, which authorized the placement of approximately 36,000 cubic yards
of sand between R-101 and R-108, above the mean high water line, via truck haul.
On June 2, 2000, the Department issued Joint Coastal Permit No. 0160846-001-JC, which
authorized a beach nourishment project along 6,850 feet of shoreline in central Key Biscayne.
"More Protection, Less Process"
trww. clep. statefl. us
Notice of Permit Modification
Permit Modification No. 0160846-012-JN
Key Biscayne Beach Nourishment (Seagrass Mitigation)
Page 2 of 10
Approximately 100,000 cubic yards of material were placed between DEP Reference
Monuments R-101 and R-108. The beach fill template had a typical berm elevation of +7.0 feet
NGVD, a dune elevation of +9.0, an average construction berm width of 35 feet, and a
construction foreshore slope of 1:10 (vertical:horizontal). Three borrow areas, located
approximately 4,000 feet offshore of the southern tip of Key Biscayne, were authorized for use
in this project.
The DEP Southeast District Office issued eight exemptions at this location (File Nos. 0160846-
002 -EE through 0160846 -009 -EE). However, these exemptions were not related to the Key
Biscayne Beach Nourishment Project, so they are not discussed in detail here.
On February 19, 2008, the Department issued Permit Modification No. 0160846 -010 -EM, which
authorized the use of an upland sand source (delivered via truck -haul) to restore the dune during
the 2008 Key Biscayne Beach Nourishment event. In 2008, the Permittee used this modification
to place approximately 2,400 cubic yards of beach -quality material between R-103 and R-107,
above mean high water, within the previously authorized beach template. This modification
included deadlines for submittal of a seagrass mitigation plan and implementation of seagrass
mitigation for previous project impacts. The modification also increased the associated
mitigation acreages if the mitigation deadlines were not met.
On April 8, 2008, the Department issued Permit Modification No. 0160846 -011 -EM, which
revised the sea turtle lighting conditions of Permit No. 0160846-001-JC to allow for a phased
approach to implementing the sea turtle lighting ordinance.
On July 30, 2010, the Village of Key Biscayne applied for the subject permit modification to
revise Specific Condition No. 14 of the current permit (No. 0160846-001-JC). The application
included a revised seagrass mitigation plan (and an addendum) to offset the previous project
impacts. The modification incorporates the final seagrass mitigation plan and addendum into the
permit. The modification also includes success criteria for the mitigation project.
Justification and Staff Assessment
The Village of Key Biscayne is in the process of completing the requirements for seagrass
mitigation. A total of 1.33 acres of mitigation are needed to fulfill the requirements of the
permit, of which 1.03 acres has been completed. The remaining 0.3 acres of seagrass mitigation
will be completed according to the revised mitigation plan and addendum, which was approved
by the Department on August 10, 2010. This permit modification is necessary to incorporate the
revised seagrass mitigation plan (with the addendum) and the success criteria for the remaining
0.3 acres of mitigation into the permit. The Department required the Permittee to complete this
step prior to the next nourishment event.
Printed on recycled paper
Notice of Permit Modification
Permit Modification No. 0160846-012-JN
Key Biscayne Beach Nourishment (Seagrass Mitigation)
Page 3 of 10
The Activity Description and Activity Location shall be revised as follows (strike,-l.ro„ghs are
deletions, underlines are additions):
ACTIVITY DESCRIPTION:
For the initial nourishment event under this permit, Aapproximately 100,000
cubic yards of sand is to be placed along 6,850 feet of shoreline in central Key Biscayne
between DEP reference monuments R-101 and R-108. The beach fill will have a typical
berm elevation of +7.0 feet NGVD, dune elevation of +9.0 feet NGVD, average
construction berm width of 35 feet, and a construction foreshore slope of 1 vertical to 10
horizontal. Fill material will be excavated from among three offshore borrow sites
located approximately 4,000 feet offshore from the southern tip of Key Biscayne.
Subsequent renourishment events are expected to occur every eight to ten years, using the
same offshore borrow sources.
The 2008 event consists of a truck -haul dune restoration project. Approximately
2,400 cubic yards of beach -quality material will be placed between R-103 and R-107,
above mean high water within the previously authorized beach template.
The 2011/2012 event consists of a nourishment project using the previously
authorized borrow areas. Approximately 75,000 cubic yards of beach -quality material
will be placed between R-101 and R-208, above and below the mean high water within
the previously authorized beach template.
ACTIVITY LOCATION:
The nourishment activity is located in central Key Biscayne, Miami -Dade County,
Section 33, Township 54 South, Range 42 East, within the Atlantic Ocean, Class III
Waters. Mitigation activities within the Biscayne Bay Aquatic Preserve are located
directly west of Section 29, Township 58 South, Range 41 East (Site A), Section 8,
Township 55 South, Range 42 East (Site B) and Section 29, Township 54 South, Range
42 East (Site D). Mitigation Activities within Biscayne National Park are located directly
East of Section 11, Township 56 South, Range 40 East. All mitigation activities are
within Biscayne Bay, Miami -Dade County, Class III waters, Outstanding Florida Waters.
Printed on rec)'cled paper
Notice of Permit Modification
Permit Modification No. 0160846-012-JN
Key Biscayne Beach Nourishment (Seagrass Mitigation)
Page 4 of 10
SPECIFIC CONDITIONS:
The specific conditions shall be revised as follows (stri1 are deletions,
underlines are additions):
14. The Permittee shall adhere to the October 2009 Second Revised Seagrass
Restoration and Mitigation Plan, including the July 2010 Addendum, approved by
the Department on August 10, 2010. The details below are addressed by or shall
supplement the approved Mitigation Plan.
a. The following shall apply for portions of the mitigation project within the
boundaries of the Biscayne National Park (BNP).
i. A minimum of 0.3 acres of seagrass shall be restored through the
placement of fill and bird stakes
ii. The success of the portion of the mitigation project within the
boundaries of the BNP shall be determined based on the following
criteria:
• Thalassia testudinum density (shoots/m2) of 50% more within
the treatment sites compared to the reference sites based on
short shoot count
OR
• Thalassia testudinum density of 30% or more within the
treatment site compared to the reference site, and demonstrate a
trending increase at 95% confidence level. The total Braun-
Blanquet coverage of all seagrass and calcareous green algae
species of 60% or greater compared to the reference sites.
iii. Restoration and monitoring work within the boundaries of the BNP
may be conducted or contracted by Park staff according to an
agreement executed between the Permittee and the Biscayne National
Park. The Department will not hold the Permittee accountable for
terms of the BNP agreement that the Permittee does not have the
ability to control.
iv. In the event that contingency mitigation is required, the Village shall
only be responsible for one remedial event.
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b. The following success criteria shall apply for the 0.10 acres of restoration
(planting units and bird stakes) that was completed outside of the Biscayne
National Park prior to 2010:
i. Thalassia testudinum density shall reach similar densities within the
treatment sites as compared to the reference sites within the
monitoring period.
c. The following success criteria shall apply for the 0.32 acres of restoration
(bird stakes only) that was completed outside of the Biscayne National
Park prior to 2010:
i. The reduction in scar width in the treatment sites shall be 50% greater
than in the control scar sites within 2 years at a 95% confidence
interval; or,
ii. Thalassia testudinum density shall reach similar densities within the
treatment sites as compared to the reference site within the monitoring
period.
d. The following success criteria shall apply for the 0.61 acres of restoration
(sediment fill and bird stakes) that was completed outside of the Biscayne
National Park prior to 2010:
i. For prop scars and narrow injuries that are less than one (1) meter
wide, Thalassia testudinum density shall reach similar densities within
the treatment sites as compared to the reference site within the
monitoring period; and,
ii. For blowholes and wider injuries that are greater than 1 meter
Thalassia testudinum density should be trending towards similar
densities (>50% of the T testundinum) within the treatment sites as
compared to the reference sites at a 95% confidence interval within the
monitoring period.
e. The following shall apply for all portions of the mitigation project.
i. Monitoring of the mitigation sites will be done for at least 5 years or
until the success criteria are met, whichever is later.
ii. The Permittee may propose or the Department may require
contingency mitigation if:
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Key Biscayne Beach Nourishment (Seagrass Mitigation)
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• monitoring data does not satisfy the mitigation success criteria
after at least 5 years of post -restoration monitoring, but not
more than 7 years; or,
• at any point during the monitoring program an unanticipated
event substantially alters the physical site conditions and limits
or prevents natural re -colonization of the mitigation sites.
iii. The monitoring requirements, including timelines, shall be reinitiated
if subsequent portions of the beach restoration or enhancement project
causes additional seagrass impacts and requires contingency mitigation
unless otherwise noted in a mitigation plan amendment that has been
approved by the Department.
14. If the injury areas identified in a Mitigation Plan to be approved by the
prior to May 1, 2008, the permittee shall actively restore 50% of the required
mitigation area (0.63 acres) by planting H wrightii prior to August 31, 2008. If
planting is required due to non compliance with the sediment restoration
deadline, a seagrass planting plan shall be submitted to the Department by May
30, 2008 for review and approval. If this timeline is not met, the required
mitigation area shall increase to 1.33 acres due to the increased t factor of 16 to 20
years and the permittee shall plant the entire mitigation area (1.33 acres) with H
After thorough review of your application, staff finds that the proposed modification is not
expected to adversely affect water quality and the project is expected to remain clearly in the
public interest. Staff has also determined that the proposed alteration does not increase the
potential for adverse impact on the coastal system, public beach access seaward of the mean high
water line or nesting sea turtles and hatchlings and their habitat, and that the proposed alteration
does not reduce the design adequacy of the project. Since the proposed modification is not
expected to result in any adverse environmental impact or water quality degradation, the permit
is hereby modified as stated above. By copy of this letter and the attached drawings, we are
notifying all necessary parties of the modification.
In addition to previous proprietary authorization granted under this permit, the seagrass
mitigation activity outside the Biscayne National Park also require a proprietary authorization, as
the activity is located on sovereign submerged lands held in trust by the Board of Trustees of the
Internal Improvement Trust Fund (Board of Trustees), pursuant to Article X, Section 11 of the
Florida Constitution, and Sections 253.002 and 253.77, F.S. The activity is not exempt from the
need to obtain a proprietary authorization. The Board of Trustees delegated the Department the
responsibility to review and take final action on this request for proprietary authorization in
accordance with Section 18-21.0051, F.A.C., and the Operating Agreements executed between
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Key Biscayne Beach Nourishment (Seagrass Mitigation)
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the Department and the water management districts, as referenced in Chapter 62-113, F.A.C.
This proprietary authorization has been reviewed in accordance with Chapter 253 and Chapter
258, F.S., Chapter 18-18, Chapter 18-21 and Section 62-343.075, F.A.C., and the policies of the
Board of Trustees.
As staff to the Board of Trustees, the Department has reviewed the project described above, and
has determined that the seagrass mitigation activity qualifies for a Letter of Consent to use
sovereign, submerged lands, as long as the work performed is located within the boundaries as
described herein and is consistent with the terms and conditions herein. Therefore, consent is
hereby granted, pursuant to Chapter 253.77, F.S., to perform the activity on the specified
sovereign submerged lands.
This letter of approval does not alter the June 2, 2020, expiration date, other Specific or General
Conditions, or monitoring requirements of the permit. This letter and the accompanying
drawings must be attached to the original permit.
This permit is hereby modified unless a sufficient petition for an administrative hearing is timely
filed under Sections 120.569 and 120.57, Florida Statutes, as provided below. The procedures
for petitioning for a hearing are set forth below. Mediation under Section 120.573, F.S., is not
available for this proceeding.
NOTICE OF RIGHTS
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must
contain the information set forth below and must be filed (received by the clerk) in the Office of
General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35,
Tallahassee, Florida 32399-3000.
Because the administrative hearing process is designed to redetermine final agency action on the
application, the filing of a petition for an administrative hearing may result in further
modification of the permit or even a denial of the application. If a sufficient petition for an
administrative hearing or request for an extension of time to file a petition is timely filed, this
permit modification automatically becomes only proposed agency action on the application
subject to the result of the administrative review process. Accordingly, the applicant is advised
not to commence construction or other activities under this permit modification until the
deadlines noted below for filing a petition for an administrative hearing or request for an
extension of time has expired.
Under Rule 62-110.106(4), Florida Administrative Code, a person whose substantial interests are
affected by the Department's action may also request an extension of time to file a petition for an
administrative hearing. The Department may, for good cause shown, grant the request for an
extension of time. Requests for extension of time must be filed with the Office of General
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Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee,
Florida 32399-3000, before the applicable deadline. A timely request for extension of time shall
toll the running of the time period for filing a petition until the request is acted upon. If a request
is filed late, the Department may still grant it upon a motion by the requesting party showing that
the failure to file a request for an extension of time before the deadline was the result of
excusable neglect.
In the event that a timely and sufficient petition for an administrative hearing is filed, other
persons whose substantial interests will be affected by the outcome of the administrative process
have the right to petition to intervene in the proceeding. Any intervention will be only at the
discretion of the presiding judge upon the filing of a motion in compliance with Rule 28-
106.205, F.A.C.
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any
persons other than the applicant, and other than those entitled to written notice under Section
120.60(3), F.S., must be filed within 14 days of publication of the notice or within 14 days of
receipt of the written notice, whichever occurs first.
Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of
agency action may file a petition within 14 days of receipt of such notice, regardless of the date
of publication.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at
the time of filing. The failure of any person to file a petition for an administrative hearing within
the appropriate time period shall constitute a waiver of that person's right to request an
administrative determination (hearing) under Sections 120.569 and 120.57, F.S.
In accordance with Rule 28-106.201, F.A.C., a petition that disputes the material facts on which
the Department's action is based must contain the following information:
(a) The name and address of each agency affected and each agency's file or
identification number, if known;
(b) The name, address, and telephone number of the petitioner; the name, address,
and telephone number of the petitioner's representative, if any, which shall be the
address for service purposes during the course of the proceeding; and an
explanation of how the petitioner's substantial interests are or will be affected by
the agency determination;
(c) A statement of when and how the petitioner received notice of the agency
decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
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A concise statement of the ultimate facts alleged, including the specific facts that
the petitioner contends warrant reversal or modification of the agency's proposed
action;
A statement of the specific rules or statutes that the petitioner contends require
reversal or modification of the agency's proposed action, including an explanation
of how the alleged facts relate to the specific rules or statutes; and
A statement of the relief sought by the petitioner, stating precisely the action that
the petitioner wishes the agency to take with respect to the agency's proposed
action.
A petition that does not dispute the material facts on which the Department's action is based
shall state that no such facts are in dispute and otherwise shall contain the same information as
set forth above, as required by Rule 28-106.301, F.A.C. Under Sections 120.569(2)(c) and (d),
F.S., a petition for administrative hearing must be dismissed by the agency if the petition does
not substantially comply with the above requirements or is untimely filed.
This action is final and effective on the date filed with the Clerk of the Department unless a
petition is filed in accordance with the above. Upon the timely filing of a petition this order will
not be effective until further order of the Department.
This permit modification constitutes an order of the Department. The applicant has the right to
seek judicial review of the order under Section 120.68, F.S., by the filing of a notice of appeal
under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department
in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee,
Florida 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable
filing fees with the appropriate district court of appeal. The notice of appeal must be filed within
30 days from the date when the final order is filed with the Clerk of the Department.
When there has been no publication of notice of agency action or notice of proposed agency
action as prescribed in Rule 62-110.106, F.A.C., a person may request a copy of the agency
action. The Department shall upon receipt of such a request, if agency action has occurred,
promptly provide the person with notice. The Department does not require notice of this agency
action to be published. However, the applicant may elect to publish notice as prescribed in Rule
62-110.106, F.A.C., which constitutes notice to the public and establishes a time period for
submittal of any petition.
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If you have any questions regarding this matter, please contact Stephanie Gudeman at the
letterhead address (add Mail Station 300) or by telephone at (850) 414-7798.
Sincer91yy
Martin K. Seeling
Environmental Administrator
Bureau of Beaches & Coastal Systems
MKS/smg
Enclosures: Second Revised Seagrass Restoration and Mitigation Plan (October 2009)
Addendum to Seagrass Restoration and Mitigation Plan (July 2010)
cc (via e-mail):
Chip Iglesias, Village of Key Biscayne
Ann McCarthy, CSA, Inc.
Amanda Bourque, Biscayne Natl. Park
Robbin Trindell, FWC, ISMS
Ron Mezich, FWC, M/ESS
Michael Barnett, BBCS-Chief
Steven Macleod, BBCS-JCP
Robert Brantly, BBCS-CE
Pamela Sweeney, DEP, Biscayne Bay A.P.
Robert Yero, Bill Bags Cape Florida State Park
Jennifer Smith, DEP, SE District
JCP Compliance Officer
Elizabeth Kromhout, BBCS-CE
Roxane Dow, BBCS-BECP
Paden Woodruff, BBCS-BECP
Alex Reed, BBCS-BECP
Wesley Cich, BBCS-CCCL
Pat Wells, John Pennecamp State Park
BBCS File
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated
Department Clerk, receipt of which is hereby acknowledged.
eputy Clerk
l6/27 1/0
Date
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