I. Presentation of Miami River Basin Water Quality Improvement Plan Quarterly Progress Reports- Ms. Ashley Chase, MRC Assistant Managing Director, reported Ms. Diane Waters, City of Miami Department of Public Works, was unable to participate in today’s meeting but had previously requested deferring the City’s quarterly progress report until next month. Ms. Chrissie Hopps, Miami-Dade County Department of Environmental Resources Management (DERM), stated Mr. Omar Abdelrahman, DERM, was out sick today, and was therefore unable to present the county’s quarterly report.

Mr. Bibeau stated MRC staff had received an email from Ms. Amy Tracy, Florida Department of Environmental Protection (FDEP), expressing her confusion over the Water Quality Standards stated in DERM’s last submitted quarterly progress report covering January – March 2010, which indicates the County’s Total Coliform Standard is 400 cfu/ml.  Mr. Bibeau stated MRC staff had forwarded the version DERM  had emailed MRC staff for distribution to the subcommittee and placing on the MRC’s website, which indicated a different County Total Coliform Standard of 800 cfu/ml.  Mr. Steve Blair stated both versions of the same report are being retracted and a corrected version will be distributed indicating the County’s Total Coliform standard is 1000 cfu/ml.  Ms. Tracy noted the State is focused on Fecal Coliform of which the State Standard is 400 cfu/ml.  Mr. Blair stated DERM has tested for Fecal Coliform as well over the past 30 years, and would provide those previous and future results to the SSC.

In addition, Ms. Tracy requested DERM’s reports for the last three quarters of 2010.  Mr Bibeau noted DERM is yet to submit them to MRC staff and the SSC agencies.

Mr. Bibeau provided an overview of the Miami River Basin Water Quality Improvement Plan created by this MRC SSC in 2001 and noted that various agencies, including but not limited to DERM and the City of Miami, provided quarterly progress reports of the plan’s action steps. Mr. Bibeau added the reports are posted on the MRC’s website, www.miamirivercommission.org.

Mr. Bibeau noted days prior to this meeting MRC staff had emailed two versions of a draft document, “Miami River Basin Water Quality Improvement Quarterly Progress Reports Total Coliform Violations in Miami River & Tributaries, 2008-2010,” which had been based on the presumed 400 cfu/ml standard, and agreed to revise it to the now agreed upon 1000 cfu/100 ml county standard.  In addition, upon receipt of the results for fecal coliform testing, a similar summary will be prepared comparing results to the agreed upon State Standard of 400 cfu/ml.

II. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan – Ms. Chrissie Hopps, Miami-Dade County Department of Environmental Resources Management (DERM), stated DERM is expected to issue the Class I permit for the Wagner Creek & Seybold Canal Maintenance Dredging and Environmental Cleanup Project by next week.

Mr. Bibeau noted the SSC’s adopted December 1, 2010 public meeting minutes state, “Mr. Benny Luedike, FDEP stated… the issuance date for the Notice of Intent has been scheduled for December 16.”  On December 27 Mr. Luedike, emailed FDEP intended “to issue the Notice of Intent by 12/31.” Mr. Bibeau reported he had sent an email to Mr. Luedike on January 3 to verify if the FDEP permit was issued as intended, but had yet to hear back from him. Mr. Bibeau noted the SSC’s adopted December 1 public meeting minutes indicated once the Notice of Intent is issued, “Mr Luedike noted the City will then be responsible to publish the Notice in a newspaper within 30 days, which will be followed by a 21-day comment period for the public. Mr. Luedike added that in the absence of any comments or concerns expressed by the public, FDEP will issue a final permit by January/February 2011.” Mr. Bibeau asked Ms. Hopps and Mr. Tom McSweeney, Ch2M Hill, if they had received any updates from Mr. Luedike, and both replied no. Mr. Bibeau stated he would continue to track this item.

Mr. Bibeau stated he had distributed and reviewed the following documents at the MRC’s January 3, 2011 board meeting:

“Seybold / Wagner Maintenance Dredging and Environmental Cleanup Project DRAFT Funding Plan – January 3, 2011

Construction estimate is $20 million, of which the City of Miami has appropriated $1.35 million, leaving an $18.65 million shortfall.

State of Florida, $8 million – The State of Florida owns the submerged land in Seybold Canal, from which DERM is legally requiring the removal of the contaminated sediments, including dioxin.  The total estimated $20 million project cost will dredge 50,000 cubic yards from both Wagner Creek and Seybold Canal, creating an estimated average cost of $400 per cubic yard.  Seybold Canal alone has 20,000 cubic yards x $400 per yard = $8 million.
Immediate Action Item: 1) Communicate ASAP with Florida Department of Environmental Protection’s (FDEP) to advocate for their proposed FY ’11-’12 budget submittal to include $8 million for the City of Miami to conduct this FDEP permitted project.  The proposed FDEP budget, hopefully including $8 million for this project, would then be folded into the Honorable Governor Scott’s budget submittal to the Florida Legislature, expected February 2, 2011.  Therefore time is of the essence.

Federal, $7.65 million – Request Federal “Super Fund” designation, followed by a request for a federal $7.65 million cost share for the Seybold Canal / Wagner Creek Maintenance Dredging and Environmental Cleanup Project.
Action Items: 1) In the City’s 2011 Federal Legislative Package, request Federal “Super Fund” designation for the Seybold Canal / Wagner Creek Maintenance Dredging and Environmental Cleanup Project, which if so designated makes it eligible to receive a federal “Super Fund” cost share.
2) Commence advocacy for the City’s 2011 Federal Legislative Package now, including the request for Federal “Super Fund” designation of the Seybold Canal / Wagner Creek Maintenance Dredging and Environmental Cleanup Project.
3)  After securing necessary Super Fund designation in 2011, in the City’s 2012 Federal Legislative Package request $7.65 million from Super Fund

FIND, $1 million – Apply for a $1 million FIND grant to dredge Seybold Canal
Action Item: 1)  In January 2011, City prepares and submits $1 million FIND grant application to dredge Seybold Canal
2)  City advocates January – September 2011

SFWMD, $1 million – Seek return of previously (2003) awarded SFWMD $1 million grant for this project out of the next SFWMD FY 2011-2012 (October 1, 2011 – September 30, 2012) Budget
Action Item:  1) In January 2011, City writes SFWMD Chairman Eric Buermann seeking return of SFWMD’s previously awarded $1 million grant for this project
2)  City advocates January – September 2011

Miami-Dade County, $1 million – Request $1 million from County’s FY 2011-2012 (October 1, 2011 – September 30, 2012) Budget
Action Item: 1) In January 2011, City writes County Commissioner Bruno Barreiro seeking $1 million County cost share for the project
2)  City advocates January – September 2011”

“Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Clean-Up Project – December 17, 2010

Navigational Needs
The Seybold Canal is a tributary directly connecting to the Miami River which recently completed a successful maintenance dredging project.  Please note the following data from the Seybold Canal’s currently operating marine industrial businesses, which would significantly benefit from improved vessel navigation by deepening the waterway via the Seybold Canal Maintenance Dredging and Environmental Clean-Up Project:

• Alimar at the River Inc / “Campeones Boatyard”, 600 NW 7 Ave, 16 employees (direct and independent), boats from 25’-52’, larger boats have difficulty navigating the shallowed Seybold Canal and may only do so by high tide.  The proposed Seybold Canal Maintenance Dredging would resolve the business’ limited operation by improving navigation so the vessels may navigate the Seybold Canal regardless of tide.
• River’s Edge Marine Inc / “Popeye’s Boatyard”, 810-830 NW 8 ST RD, 8 employees (direct and independent), boats from 12’-30’
• M&E Seafood Wholesale LLC / “Garcia’s Commercial Fishing”, 710-722 NW 7 Ave, 8 employees, boats, 30’ and 44’, larger boats have difficulty navigating the shallowed Seybold Canal and may only do so by high tide.  The proposed Seybold Canal Maintenance Dredging would resolve the business’ limited operation by improving navigation so the vessels may navigate the Seybold Canal regardless of tide.
• Manny Seafood Corporation / Prieguez Commercial Fishing, 510 NW 7 Ave, operator stated on the record at public MRC meeting that two boat propellers were broken while navigating the shallowed Seybold Canal.  The proposed Seybold Canal Maintenance Dredging would resolve the business’ limited operation by improving navigation so the vessels may navigate the Seybold Canal regardless of tide.

In addition, numerous single family homes along the Seybold Canal have recreational vessels which rest on the bottom of the waterway at low tide, completely unable to navigate the Seybold Canal in order to access the Miami River to the Intracoastal Waterway, Biscayne Bay, etc.  The Seybold Canal Maintenance Dredging and Environmental Clean-Up project would alleviate this problem, by deepening the waterway, which would allow the private recreational vessels docked behind waterfront homes along the Seybold Canal to navigate regardless of tide. 
The project’s successful completion will increase the property value of the residences and marine industrial businesses along the Seybold Canal, therefore increase tax revenue which in the long run would be a return on the public investment made into this project.

Environmental Needs
Seybold Canal connects to the northwest with Wagner Creek, and this waterway is known as the most polluted in the State of Florida.  Contaminants, including but not limited to fecal coliform and dioxin, violate and exceed the required water quality levels for safe fishing and swimming, marine life, etc.  The Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Clean Up project would remove these contaminated sediments from the water, significantly improving the natural environment.  In addition, the project will improve flood water conveyance capacity from the large storm water system draining into the Seybold Canal and Wagner Creek.

An October 16, 2009 letter from Miami-Dade Department of Environmental resource Management (DERM) to the City of Miami states, “Within one hundred and twenty (120) days of this correspondence (expired January 2010) implement the CAP (Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Cleanup project) as approved.  Failure to adhere to the item and timeframes stipulated above may result in enforcement action for this site.”

A January 26, 2010 reply letter from the City of Miami Manager to DERM states, “The City of Miami is preparing to begin execution (of the Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Cleanup project) within 6 months.” which expired in July 2010.

Permits
Two years ago, the City of Miami contracted CH2MHill for $960,000 to fully engineer, conduct public outreach, and obtain all required permits for the long awaited and widely supported Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Clean-Up Project.  Since then, the City of Miami / CH2M Hill have submitted two rounds of Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Clean-Up Corrective Action Plans (CAP) and all associated permit applications to the various environmental regulatory agencies.  The environmental agencies have indicated their permits are “substantially complete”.

Funding
The City of Miami estimates construction of the Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Clean-Up project at $20 million, of which the City currently has $1.35 million appropriated / set aside from the City’s reoccurring Storm-Water Utility Fee.  The City of Miami is seeking a $1 million cost share from FIND, re-securing a previously appropriated $1 million from the SFWMD, $8 million for the state owned Seybold Canal portion, $7.65 million from Federal funding sources and $1 million from Miami-Dade County.  FIND and FDEP staff have determined the Seybold Canal, from the Miami River to NW 11 ST, meets the eligibility criteria to be considered for a potential cost share for the project from FIND, and this portion of the submerged land is owned by the State of Florida.”

In addition, Mr. Bibeau noted Miami Today had published 2 recent articles about the project entitled, and a Miami Herald photographer had recently indicated that an article in the Herald was forthcoming. 

III. Discussion of Conducting a Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal – Ms. Amy Tracy, FDEP, thanked everyone who had participated in the November 18 Walk the WBIDs event. Ms. Tracy noted it was a successful event and each agency was well represented.  Ms. Tracy stated she is currently compiling photographs, GPS points, notes and sampling results into a PowerPoint presentation which will be presented to the Walk the WBIDs team via a teleconference and “Go To Meeting” on Tuesday, January 25, 10 am to noon. Ms. Tracy noted the PowerPoint will detail the results of the field exercise, review the actions items discovered while in the field and the agency assigned for the follow up, and discuss next steps. Ms. Tracy noted an invitation/registration link to the Wagner Creek Walk the WBID Results Summary Presentation would be sent later this week.

Ms. Chase asked Ms. Tracy for the results of the oil and grease samples taken by FDEP during the event, and Ms. Tracy replied the samples had been analyzed by one of DERM’s contracted labs and she had requested Mr. Abdelrahman to forward the results.

Mr. Bibeau stated as needed by the participating agencies, the MRC had authorized up to $1,700 to obtain 100 water quality samples for the Walk the WBIDs event, but the December 1, 2010 meeting minutes indicated that only three bacteriological samples were taken.  Ms. Tracy replied she was grateful for the MRC’s support and hoped the money not utilized could go towards obtaining “follow-up samples.” Ms. Tracy reasoned that the purpose of the November 18 Walk the WBIDs event was to conduct a preliminary survey of the area in order to identify potential areas of interest and derive a better idea of where to extract additional samples.

IV. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – On behalf of the Miami River Commission, Mr. Bibeau thanked Ms. Lucy Perez and the team at the South Florida Water Management District (SFWMD), for their continued efforts in identifying the legally responsible owners/maintenance providers of the tributaries along the Miami River.  Ms. Perez noted the SFWMD is concluding their research of the South Fork, and hoped to have information to report soon. Ms. Perez added that after research for the South Fork has been completed, the SFWMD team will be researching the only remaining tributary the North Fork.

V. New Business - The SSC confirmed its next regularly scheduled first Wednesday of the month, 10 AM, publicly noticed meeting for Wednesday, February 2, 2011, 10 AM, at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor.

The meeting adjourned.

I. Presentation of Miami River Basin Water Quality Improvement Plan Quarterly Progress Reports- Mr. Brett Bibeau asked Ms. Waters if she would like to present the quarterly report on behalf of the City of Miami, and Ms. Waters kindly requested a deferral. Mr. Bibeau noted, based on emailed computer records, that the last City of Miami Quarterly Report received by MRC staff was for the 4th Quarter of 2009, and asked if Ms. Waters could present the City’s 4, 2010 Quarterly Reports at the next SSC meeting. Ms. Waters stated she believed she had previously provided the 2nd quarter of 2010, but noted she would need to review her records. Ms. Waters added the last quarters (3rd and 4th) of 2010 still need to be finalized before she is able to present them, as they are composed of a Public Works and Capital Improvements (CIP) section (the CIP portion is compiled by Mr. Keith Ng).  Mr. Bibeau stated perhaps the City’s Public Works and CIP Departments should submit independently, so one will not delay the other, and Ms. Waters replied she would forward this suggestion to her supervisor.

Mr. Bibeau thanked Mr. Abdelrahman for providing DERM’s 4th Quarter Progress Report for 2010 and noted it will be made available to the public on the MRC’s website, www.miamirivercommission.org. Mr. Abdelrahman provided a summary of the report, and added he would be emailing the 2nd and 3rd quarter reports of 2010 later in the week. Upon review of Chart 4 (Fecal Coliform Tracking Ten Year Period, 2000-2010), Mr. Bibeau asked if DERM could present the results “to scale” in lieu of increments/multiples of 10 in order to obtain a clearly defined and accurate interpretation of results. The current graph has 3/4” with minimal hits between 1-10 cfu/100ml, a difference of 10 units, and the same ¾” between100,000 and 1,000,000 cfu/100ml, a difference of 900,000 units.  Mr. Abdelrahman explained the Chart is based on a standard logarithmic scale, but would forward this request to his supervisor.

Mr. Bibeau noted the “Water Quality Sample Compliance” results for each individual month, from October-December 2010, (pages 2-4) were based on a fecal coliform standard of 800 cfu/100 ml, which contradicted the “Water Quality Sample Compliance” October-December 2010 results on page 5 that were based on a standard of 400 cfu/100 ml. Mr. Bibeau noted he believed the SSC had recently concurred that the State Standard for fecal coliform was 400 cfu/100ml (as indicated on page 5, “Water Quality Sample Compliance” results October-December 2010). Mr. Abdelrahman explained the 800 standard applies to any single sample, as DERM only collects 1 sample per station per month,  while the “no more than 400 in 10% of samples” standard is applied whenever multiple months are considered.  Ms. Amy Tracy, Florida Department of Environmental Protection (FDEP), explained the State Standard for fecal coliform is 400 cfu/100 ml and noted DERM’s interpretation of results is fine for the purpose of the provided charts and maps.

Mr. Bibeau reviewed the “Table 1: Monthly Fecal Coliform Levels (cfu’s/100 ml) in Wagner Creek” on page 6 and asked why the results yielded round numbers (ex: 6800, 300, 10,000, etc.) vs. more actual / exact quantities. Mr. Abdelrahman stated he had asked the Lab the same question.

Mr. Bibeau noted Ms. Ashley Chase, MRC Assistant Managing Director, had recently emailed the following report based on the 400 cfu/100 ml State Fecal Coliform Standard :

 “Miami River Basin Water Quality Improvement Quarterly Progress Reports
  Fecal Coliform Violations in Wagner Creek & Seybold Canal, 2007-2010

Miami-Dade County Department of Environmental Resources Management (DERM)
             Grand Total Results based on State Fecal Coliform standard: 400 cfu/100 ml

*Out of 172 total samples taken from 2007-2010, 110 (64%) were above the state standard

Wagner Creek 04: out of 46 samples taken, 36 (78%) were above the state standard
11,677 cfu/100ml average above state standard
11,677 minus 400 (state standard)= 11,277 cfu/100 ml above state standard, which is over the standard by 2,819%
peak month above the state standard was 100,000 cfu/100 ml in August 2010

Wagner Creek 03: out of 46 samples taken, 31 (67%) were above the state standard
10,447 cfu/100 ml average above state standard
10,447 minus 400 cfu/100 ml (state standard) = 10,047 cfu/100 ml above state standard, which is over the standard by 2,512%
peak month above the state standard was 100,000 cfu/100 ml in August 2010

Wagner Creek 02: out of 46 samples taken, 31(67%) were above the state standard
5,516 cfu/100 ml average above state standard
5,516 minus 400 cfu/100 ml (state standard)=5,116 cfu/100 ml above state standard, which is over the standard by 1,279%
peak month above the state standard was 34,000 cfu/100 ml in August  2010

Miami River 03: out of 34 samples taken, 12 (35%) were above the state standard
1,505 cfu/100 ml average above state standard
1,505 minus 400 cfu/100 ml (state standard)=1,105 cfu/100 ml above state standard, which is over the standard by 276%
peak month above the state standard was 4,400 cfu/100 ml in September 2008

• Please note Wagner Creek 02, 03 and 04 Stations’ fecal coliform results cover 2007-2009, January-March 2010, and June-December 2010. This analysis does not include April and May 2010 results of which we are awaiting receipt.

• Please note Miami River 03 Station’s fecal coliform results cover 2007-2008, January-March 2010 and June-December 2010. This analysis does not include 2009 nor April and May 2010 results of which we are awaiting receipt.”

Ms. Tracy stated the findings of the report appeared to be correct, and Mr. Abdelrahman stated he had no objection to this document.

The SSC agreed to keep this item on the agenda until the agencies catch up in submitting and presenting overdue quarterly progress reports.

II. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan – Ms. Chrissie Hopps, Miami-Dade County Department of Environmental Resources Management (DERM), stated DERM issued the Class I permit for the Wagner Creek & Seybold Canal Maintenance Dredging and Environmental Cleanup Project on January 14, 2011. Mr. Bibeau noted Mr. Thomas Marko, Miami-Dade County, is currently researching if additional county permits are needed. Mr. Bibeau stated the Army Corps of Engineers (ACOE) permit, which had previously been de-activated, is now re-activated and they have already received comments from U.S.  Fish and Wildlife. Mr. Bibeau reported the City recently advertised / published FDEP’s Notice of Intent to issue the Permit, followed by a 21-day comment period for the public.  Mr. Bibeau asked Ms. Lucy Perez, SFWMD, if it was her understanding that a separate permit from SFWMD is not required since CH2M Hill is obtaining a state permit on behalf of FDEP-as in this case they are the lead ERP agency-and Ms. Perez replied this was correct. Ms. Waters stated she had no information to provide for this agenda item.

Mr. Bibeau distributed and reviewed the following updated document:
“Seybold / Wagner Maintenance Dredging and Environmental Cleanup Project
DRAFT 3-Year Funding Plan – February 2, 2011
Construction estimate is $20 million, of which the City of Miami has appropriated $1.35 million, leaving an $18.65 million shortfall.

State of Florida, $8 million – The State of Florida owns the submerged land in Seybold Canal, from which DERM is legally requiring the removal of the contaminated sediments, including dioxin.  The total estimated $20 million project cost will dredge 50,000 cubic yards from both Wagner Creek and Seybold Canal, creating an estimated average cost of $400 per cubic yard.  Seybold Canal alone has 20,000 cubic yards x $400 per yard = $8 million.  ($2,666,666 per year if requested amount is spread over 3 years)
Immediate Action Item: 1) City communicates ASAP with Florida Department of Environmental Protection’s (FDEP) to advocate for their proposed FY ’11-’12 budget submittal to include $8 million for the City of Miami to conduct this FDEP permitted project.  The proposed FDEP budget, hopefully including $8 million for this project, would then be folded into the Honorable Governor Scott’s budget submittal to the Florida Legislature, expected February 2, 2011.  Therefore time is of the essence.
2)  Travel to Tallahassee for meetings February 16-17.

Federal, $5.65 million – City’s Federal Legislative Package requests a Federal cost share for the Seybold Canal / Wagner Creek Maintenance Dredging and Environmental Cleanup project.
Action Items:
1) Commence advocacy for the City’s 2011 Federal Legislative Package
2) Travel to Washington DC for meetings in March

FIND, $3 million – Over the next three years, City applies for 3 annual FIND grants, at $1 million per year, to dredge Seybold Canal.
Action Item: 1)  In January 2011, City prepares and submits $1 million FIND grant application to dredge Seybold Canal
2)  City advocates January – September 2011
3)  In January 2012, City prepares and submits $1 million FIND grant application to dredge Seybold
4)  In January 2013, City prepares and submits $1 million FIND grant application to dredge Seybold

SFWMD, $1 million – City seeks return of previously (2003) awarded SFWMD $1 million grant for this project out of the next SFWMD FY 2011-2012 (October 1, 2011 – September 30, 2012) Budget
Action Item:  1) In January 2011, City writes SFWMD Chairman Eric Buermann seeking return of SFWMD’s previously awarded $1 million grant for this project
2)  City advocates January – September 2011

Miami-Dade County, $1 million – Request $1 million from County’s FY 2011-2012 (October 1, 2011 – September 30, 2012) Budget
Action Item: 1) In January 2011, City writes County Commissioner Bruno Barreiro seeking $1 million County cost share for the project
2)  City advocates January – September 2011

Mr. Bibeau stated he had offered to accompany City of Miami representatives on February 17-18 in Tallahassee to help support the Legislative Package (to advocate for funding for the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project), but had not received any replies.

III. Discussion of Conducting a Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal –Ms. Amy Tracy, FDEP, thanked everyone who had participated in the January 25 “Go To Meeting”/conference call for Walk the WBIDs, and noted she would be posting her PowerPoint presentation on the FDEP site. Mr. Bibeau asked if the MRC could post the presentation on its website as well, www.miamirivercommission.org, and Ms. Tracy replied yes. Mr. Bibeau cordially invited Ms. Tracy to present her PowerPoint-via a webinar-to the MRC board at an upcoming meeting, and Ms. Tracy replied she would be happy to do so-upon approval from FDEP- and agreed to coordinate logistics with MRC staff.

Ms. Tracy stated she had provided Ms. Chase with a “Wagner Creek Walk the WBID Follow-Up Actions” document for review and noted she would be forwarding this document to all stakeholders. Ms. Tracy explained the document includes initial follow up actions identified during the Walk the WBID event-with some items requiring further discussion amongst stakeholders as to responsibility, partnerships, other management actions, and feasibility. Ms. Tracy thanked the MRC for kindly offering its use of the Stormwater Subcommittee meetings as a forum for continued discussions regarding the necessary next steps for Wagner Creek fecal coliform impairment. Ms. Tracy noted she had provided MRC staff a list of additional contacts to be included in the future conference call “invite list” as a part of this effort. Mr. Abdelrahman suggested taking this item up first at future SSC meetings considering the number of expected participants, and MRC staff noted they would be happy to accommodate this request.  

IV. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – On behalf of the Miami River Commission, Mr. Bibeau thanked Ms. Lucy Perez and the team at the South Florida Water Management District (SFWMD), for their continued efforts in identifying the legally responsible owners/maintenance providers of the tributaries along the Miami River.  Ms. Perez noted the SFWMD team is having a bit of trouble with their research of the South Fork (due to old records), yet hoped to have information to report soon. Ms. Perez added that after research for the South Fork has been completed, it would be helpful to have the SSC reconvene to discuss the only remaining tributary: the North Fork.

Ms. Waters asked if the SFWMD team had resolved its issue regarding the border of the Comfort Canal, and Ms. Perez replied she had forwarded the SFWMD team some graphs and maps for the Comfort Canal border which she noted they plan to address after concluding their research of the South Fork. 

Mr. Bibeau summarized the results of the research performed by the SFWMD on tributary ownership and maintenance responsibility thus far: 

• Tamiami Canal (C4): SFWMD is owner
• Lawrence Canal: City of Miami is owner
• Wagner Creek: City of Miami is owner
• Seybold Canal: City of Miami is owner; a small section of submerged land is owned by the State
• Palmer Lake: According to Miami-Dade County Property Records website’s folio numbers, portions of the waterbody are privately owned

Mr. Bibeau asked if there were any objections.  Hearing none, the SSC concurred with the aforementioned data.

V. New Business - The SSC confirmed its next regularly scheduled first Wednesday of the month, 10 AM, publicly noticed meeting for Wednesday, March 2, 2011, 10 AM, at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor.

The meeting adjourned.

I. Presentation of Miami River Basin Water Quality Improvement Plan Quarterly Progress Reports- Mr. Brett Bibeau thanked Mr. Omar Abdelrahman, Miami-Dade County Department of Environmental Resources Management (DERM), for providing DERM’s 2nd and 3rd Quarter Progress Reports for 2010 and noted it will be made available to the public on the MRC’s website, www.miamirivercommission.org. Mr. Bibeau asked Mr. Abdelrahman if he would like to present the quarterly reports, and Mr. Abdelrahman kindly requested a deferral.
Mr. Bibeau thanked Ms. Dianne Waters, City of Miami Public Works Department, for providing the City of Miami’s 2nd Quarter Progress Reports for 2010, and asked if she would like to present her items on behalf of the City of Miami. Mr. Bibeau noted the city’s report will be made available to the public on the MRC’s website, www.miamirivercommission.org.

Ms. Waters provided the following report on behalf of Public Works:

“j. Citywide Inlet and Outfall Cleaning*
Status: The Public Works crews continue cleaning citywide inlets and outfalls. Envirowaste resumed cleaning City of Miami storm drains in February of 2010.
k. Inlet Retrofit for the Wagner Creek Basin*
Status: No inlet retrofits took place during the first or second quarters of 2010.
l. Scavenger 2000 De-Pollution Boat*
Status: This project consists of the cleaning, oxygenation, and decontamination of the Miami River, Seybold Canal, and other waterways. The Seybold Canal work is not included in the five hours per week performed on the Miami River at no charge to the City, but rather is invoiced separately.
The City has concluded its third option to renew as of August 19, 2010.
There is a proposed 3 year “sole source” contract schedule to be awarded on the Commission meeting of September 9, 2010. Annual funds have been allocated for this contract in the amount of $200,000.
m. Collect, compile, analyze and report of solid waste data from catch basins*
Status: The solid waste data shown below was compiled based on invoices that were available at the time of the report.

n. Report of on-site storm water treatment alternatives and BMP’s*

Status:
a. Texas Aquatic Harvesting continues citywide canal cleaning and maintenance. Inspection services for this project are performed in-house.
b. Waterways where cleanup has taken place include Wagner Creek, Seybold Canal, Lawrence Waterway, Comfort Canal, Ademar Canal, Davis Canal, and the Antonio Maceo Park Tamiami Canal.
Status:
c. Texas Aquatic Harvesting continues citywide canal cleaning and maintenance. Inspection services for this project are performed in-house.
d. Waterways where cleanup has taken place include Wagner Creek, Seybold Canal, Lawrence Waterway, Comfort Canal, Ademar Canal, Davis Canal, and the Antonio Maceo Park Tamiami Canal.

2. Wastewater*

a. Conduct “dye flood” study
Status: No new “dye flood” study for sanitary sewer interconnections was performed.

3. Enforcement, compliance and education*

a. Implement active inspection of sanitary sewer connections and stormwater drainage during construction*
Status: The City of Miami regularly inspects new construction of storm sewer and sanitary infrastructure as part of the on-going procedures of the permitting process. The City of Miami Building Department inspects the private side and Public Works Department line and grade inspector inspects the public side. The Miami-Dade DERM inspects storm sewer system connections.
b. Point Park Environmental Center*
Status:

• The Shoreline Project is completed
• The Seybold project is on hold.
• The Parks Department performed research on possible designs for a new structure and presented a proposed floor plan at a Spring Garden Civic Association meeting in April 2008. The SGCA could not come to a consensus on the building, which has deteriorated in the interim. The Parks Department indicated that if the Seybold Canal House was found to be an unsafe structure, then it would be demolished. Due to life/safety concerns, a Building Department unsafe structure inspection of the existing building was requested. On July 6, 2009, the Building Department performed an inspection and determined the Seybold Canal House to be an unsafe structure. The park is now open to the public.”
*Mr. Bibeau noted that according to Ms. Waters’s report, the Building Department determined the Seybold Canal House to be an unsafe structure in July 2009, yet it is March 2011 and the structure still stands. Mr. Bibeau noted this structure is located within a historically designated neighborhood, and he therefore believed the City of Miami’s Historic & Environmental Preservation (HEP) Board would need to approve the city’s application for demolition. Ms. Waters suggested that Mr. Bibeau contact the Building Department’s Unsafe Structure Division and/or the HEP board.

“c. The City of Miami Public Works Department conducted two sessions of the Florida Stormwater, Erosion, and Sedimentation Control Inspector Training. The first was from February 23-25, 2010 at the Miami Riverside Center and included training on illicit discharge detection and prevention. The second, in partnership with the Economic Initiatives Department, was held at Lindsey Hopkins Technical Education Center from May 10th – 13th, 2010. A total of 30 students attended the training sessions.
d. The City of Miami continues to present an educational slide show in order to educate contractors and residents on the importance of preventing illicit discharges to the storm sewer system and the environmental impacts of illicit discharges. The presentation is shown continuously on a computer monitor in a public area on the fourth floor of the Miami Riverside Center.

e. The City of Miami hosted Earth Day / Take Our Children to Work Day on April 22nd, 2010 at the Miami Riverside Center. The City demonstrated an erosion model and distributed educational materials highlighting the importance of non-point source pollution control.

4. Monitoring and Research*

a. Complete special studies required under NPDES*
Status: The City of Miami issued a notice to proceed to EBS Engineering dated June 29, 2009 for citywide outfall monitoring. The project is ongoing. Samples have been collected from outfalls discharging to the Miami River, Lawrence Waterway, Little River, Tamiami Canal, Biscayne Bay, Blue Lagoon, and Comfort Canal.
On July 30, 2010, the City of Miami submitted its NPDES Annual Report to FDEP. FDEP determined the report to be administratively complete. An inspection/audit is scheduled for September 8, 2010.”
The SSC agreed to keep this item on the agenda until the agencies catch up in submitting and presenting overdue quarterly progress reports (City 2010 1st, 3rd and 4th quarters, DERM, 2010 4th quarter)

II. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan – Mr. Kirk Menendez, City of Miami Intergovernmental Affairs, reported that as part of the Wagner Creek and Seybold Canal “Funding Action Plan,” letters have been drafted to the SFWMD, FDEP and Miami-Dade County to request funding and are pending signature from the Honorable Mayor Tomas Regalado. Mr. Menendez stated he expected the letters to be executed and delivered today, and noted he would forward copies to Mr. Bibeau.
Mr. Bibeau asked for an update of the city’s two trips to advocate for state and federal funding (Tallahassee and Washington DC), which were reflected in the SSC February 2, 2011 meeting minutes. Mr. Jose Fuentes, The Fuentes Consulting Group, clarified that a tentative meeting had been scheduled in February with Ms. Alice Bravo, City of Miami, and the FDEP Secretary, but due to so many changes in the administration, the Secretary was unavailable. Mr. Fuentes noted the city’s lobbying team is therefore trying to set up meetings in Tallahassee within the next two-three weeks. In regards to Washington DC, Mr. Fuentes noted the lobbying team has met with several Delegation members and “are fine with the item.” In addition, Mr. Fuentes noted the project has been included in the Greater Miami Chamber of Commerce’s Legislative Package which is scheduled to be introduced in DC next week. Mr. Fuentes reported that garnering support for Wagner Creek and Seybold Canal in DC is “ongoing.”
Mr. Bibeau asked which meetings had taken place thus far, and Mr. Fuentes explained that over 20 meetings have been held which have included discussion of the City’s Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup project, as well as additional items incorporated in the City’s legislative package. Mr. Bibeau asked when the MRC may fly to Tallahassee and DC with the City to continue such meetings, and Mr. Fuentes replied potentially within the next few weeks (probably towards the end of March), as the city is currently focusing on the Governor’s approved budget and its potential fiscal impact. Mr. Fuentes asked how many people on behalf of the MRC would travel to Tallahassee and DC, and Mr. Bibeau replied probably just himself. Mr. Fuentes noted the Alcalde Faye lobbying team is currently “dealing with CRs” in DC and could therefore not provide a precise travel timeline. Mr. Bibeau asked when he could travel to DC and Tallahassee with the city’s team to advocate for funding, and Mr. Fuentes answered within 2-3 weeks. Mr. Bibeau thanked the City for their efforts.

Mr. Bibeau reported FDEP has fully issued and executed their permit for the Wagner Creek & Seybold Canal Maintenance Dredging and Environmental Cleanup Project. Mr. Bibeau noted all permits for the project have been issued, with one exception: the Army Corps of Engineers (ACOE) permit. Mr. Bibeau asked if the City’s ACOE permit application has been issued and/or re-activated. Hearing no response, Mr. Bibeau stated he would follow up with the ACOE and City of Miami to check on the status of the permit.
III. Discussion of Conducting a Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal –Ms. Amy Tracy, FDEP, stated she had emailed the Walk the WBID team the “Draft Summary Results: Walk the WBID Exercise for Wagner Creek (WBID 3288A), February 2011” yesterday, and asked if everyone had an opportunity to review it. Mr. Abdelrahman and Ms. Chase replied yes. Ms. Tracy kindly asked those whom had not had a chance to read the draft report prior to today’s meeting to please review it and submit any suggested revisions directly to her. Ms. Tracy noted additional information is currently being compiled to characterize management action plan/follow-up items that are completed, ongoing or planned. Ms. Tracy added the aforementioned action items will be reflected in a table to be incorporated into the revised draft summary report.
Ms. Tracy reported the City of Miami has begun investigating potential illicit connections, while the Miami-Dade County Water & Sewer Department (WASD) has begun investigating the sanitary sewer overflow located at Popeye’s on NW 20th Street. Ms. Tracy stated she believed the WASD had not inspected sanitary sewer lines in this area since 2004, and noted she would follow up with them.

Ms. Tracy reported Mr. Steve Blair, DERM, has provided FDEP authorization to use one of DERM’s small vessels to tour areas along Wagner Creek which were unable to be viewed/studied by foot during the November 18 Walk the WBID exercise due to private property access issues. Mr. Abdelrahamn noted the boat can only accommodate a maximum of three people-himself and two other individuals. Ms. Tracy stated she hoped a representative from the City of Miami and the Miami River Commission would volunteer to participate in this tour, as FDEP is unable to join. Ms. Tracy noted this three-person team would examine potential illicit connections and/or additional sources of bacteria. Mr. Abdelrahman noted he would need to investigate potential liability issues associated with bringing non-DERM staff onto the vessel. Ms. Tracy asked Ms. Chase if she would feel comfortable participating, as she had been involved in the November 18 Walk the WBID exercise which had allowed her to obtain a preliminary knowledge of potential pollutant sources/factors, and Ms. Chase replied yes. Ms. Tracy thanked the MRC for their assistance and support. Ms. Tracy noted the SFWMD is also a good candidate to participate in the upcoming boat tour, and Ms. Lucy Perez, SFWMD, stated she would love to participate if there is enough room available.
Ms. Tracy noted it would be beneficial to collect additional water samples during the boat tour exercise as well as document any items/areas of interest via camera, which could be added to the summary report as part of a follow-up investigation. Ms. Tracy asked Mr. Abdelrahman if he had any Wagner Creek sampling results to share for this month, and Mr. Abdelrahman replied he would have to check if recent sampling results had been received. Ms. Tracy requested 6 years of data.

Ms. Tracy noted the draft summary report includes mention of the MRC’s financial contribution to the Walk the WBID exercise (i.e. providing $1700 for water sampling), and asked Mr. Bibeau and Ms. Chase to review that section to see if they would like to revise any language. Ms. Tracy asked Mr. Bibeau if the $1,700 provided by the MRC was derived from a legislative funding source (Ms. Tracy noted she is only requesting this information to make her report as specific as possible), and Mr. Bibeau replied the MRC board approved a resolution authorizing the expenditure of no more than $1,700 to collect up to 100 water quality samples for the Walk the WBID exercise. Mr. Bibeau explained that until the MRC receives an invoice from DERM and begins to process payment for the samples, he believed-to some extent-that it is flexible as to which funding source this expenditure can be derived (ex: SFWMD, City NPDES, sales of map advertisements, etc.), but would defer to the preference of FDEP. Ms. Tracy noted FDEP does not have any preference, and reiterated she was merely trying to reflect an accurate characterization of the MRC in the draft summary report. Ms. Tracy noted that NPDES funding for the purpose of water quality sampling seemed like an appropriate fit.

Mr. Abdelrahman noted DERM has not yet provided an invoice due to the potential of performing “follow-up” water quality sampling, and is therefore considering whether to submit separate invoices for each individual samples vs. one complete invoice. Mr. Bibeau noted he would prefer to receive one complete invoice, and Mr. Abdelrahman replied he would discuss the MRC’s preference with Mr. Blair later today.
Ms. Tracy noted the stakeholders need to get together to discuss the following items: 1) review management action (i.e. determining responsible, lead agencies); 2) potential future sampling (i.e. scheduling dates, sampling locations and frequency) ; 3) organizing subsequent visit to Wagner Creek via boat. Ms. Tracy agreed to set up two separate “Go-To Meetings”: The first to discuss water quality sampling in further detail and the second to discuss management action follow-up (with the Veterans Hospital and UM Health).
Ms. Tracy asked Ms. Waters if the City has any sampling stations along Wagner Creek or Seybold Canal, and Ms. Waters replied that most of the city’s samples are derived from outfalls or manholes, which she believed are performed in conjunction with stormwater sampling. Ms. Waters noted the city may actually have samples of sediment and water column, but would need to verify this information. Ms. Waters added there have been several dry years, and was therefore unsure how much data is available due to sampling potentially pending a suitable rain event. Ms. Tracy asked Ms. Waters to provide sampling data for the last six years, and Ms. Waters replied she would try to secure that information.
Mr. Bibeau referenced the “Draft Summary Results: Walk the WBID Exercise for Wagner Creek (WBID 3288A), February 2011” and thanked FDEP, as well as all stakeholders, for their ongoing efforts to identify and implement an action plan to remove pollutant sources from Wagner Creek and Seybold Canal. Mr. Bibeau cited page 62 of the draft summary report, “At the Allapattah Produce Market:

• Increase law enforcement presence to reduce the number of homeless in the area that are retrieving fruit from unsecured dumpsters;
• Install locks or otherwise secure dumpsters to prevent the removal of fruit;
• Increase frequency of stormwater trap maintenance;
• Carry out regular street sweeping; and
• Implement a public education campaign for businesses in the area”

Mr. Bibeau presented a 1994 report entitled, “The Wagner Creek Basin Assessment and Pollution Abatement Project-DERM Technical Report 94-3” and noted pages 31-37 of this report had identified the same pollutant source (Allapattah Produce Market), as well as detailed almost identical action items, and therefore asked what would be done differently this time around to ensure implementation of the solutions to this ongoing issue. Ms. Tracy explained that although enforcement has not been consistent, some of the management action items had indeed been implemented over a period of time and FDEP was able to witness an overall improvement. Ms. Tracy noted now is the time to get back on track. Mr. Bibeau thanked Ms. Tracy for her update and noted Walk the WBID will remain a self-standing item on the SSC’s monthly meeting agenda.
IV. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – On behalf of the Miami River Commission, Mr. Bibeau thanked Ms. Lucy Perez and the team at the South Florida Water Management District (SFWMD), for their continued efforts in identifying the legally responsible owners/maintenance providers of the tributaries along the Miami River. Ms. Perez noted the SFWMD team is still having a bit of trouble with their research of the South Fork (due to old records), yet hoped to have information to report soon. Ms. Perez added that after research for the South Fork has been completed, it would be helpful to have the SSC reconvene to discuss the only remaining tributary: the North Fork.

V. New Business - The SSC confirmed its next regularly scheduled first Wednesday of the month, 10 AM, publicly noticed meeting for Wednesday, April 6, 2011, 10 AM, at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor.
The meeting adjourned.

III. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan - Mr. Bibeau welcomed Mr. Jose Lago, City of Miami Capital Improvement Program (CIP), and asked him to provide an update of the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project. Mr. Lago reported Mr. Keith Ng, CIP, whom had originally been tasked with providing project updates will be leaving his position at the City of Miami on Friday, April 8, 2011. Mr. Lago reported senior staff is currently trying to identify the most suitable candidate to assist the Miami River Commission during its monthly SSC meetings as well as provide quarterly Miami River Basin Water Quality Improvement Plan quarterly progress reports. Mr. Bibeau noted he would greatly appreciate if CIP could provide their progress reports for 3rd and 4th quarter of 2010, and Mr. Lago replied he would work on getting him this information. Mr. Lago thanked Mr. Bibeau for his assistance in helping the City author a $1 million FIND grant application to dredge Seybold Canal.

Mr. Lago reported FDEP and DERM have fully issued and executed their permits for the Wagner Creek & Seybold Canal Maintenance Dredging and Environmental Cleanup Project. Mr. Lago noted all permits for the project have been issued, with one exception: the Army Corps of Engineers (ACOE) permit, and deferred to Mr. Thomas McSweeney, CH2M Hill, to provide an update on this item. Mr. McSweeney stated CH2M Hill is currently in the process of responding to the 10 minor items generated by the ACOE, and hopes to have everything submitted next week, following a scheduled conference call with the ACOE later this morning. Mr. McSweeney noted he would keep Mr. Lago and Mr. Bibeau posted on CH2M Hill’s progress.

Mr. Bibeau distributed and reviewed the following document:

“Seybold / Wagner Maintenance Dredging and Environmental Cleanup Project DRAFT 3-Year Funding Plan – April 6, 2011

Construction estimate is $20 million, of which the City of Miami has appropriated $1.35 million, leaving an $18.65 million shortfall.

State of Florida, $8 million – The State of Florida owns the submerged land in Seybold Canal, from which DERM is legally requiring the removal of the contaminated sediments, including dioxin. The total estimated $20 million project cost will dredge 50,000 cubic yards from both Wagner Creek and Seybold Canal, creating an estimated average cost of $400 per cubic yard. Seybold Canal alone has 20,000 cubic yards x $400 per yard = $8 million. ($2,666,666 per year if requested amount is spread over 3 years)

Immediate Action Item:

• 1) City Apply to FDEP Section 319 (h) Grant
• 2) Advocate in support of City’s 2011 State Legislative Package, which includes this $8 million request for the project
• 3) City of Miami representatives to continue travel to Tallahassee for meetings in support of the project
• 4) On 3/1/11 Honorable Mayor Regalado wrote FDEP Secretary Vinyard in support of City’s $8 million request for the project, which is also included in the City’s State Leg. Package

Federal, $5.65 million – City’s Federal Legislative Package requests a Federal cost share for the Seybold Canal / Wagner Creek Maintenance Dredging and Environmental Cleanup project.

Action Items:

• 1) Advocate in support of the City’s 2011 Federal Legislative Package, which includes this request for a federal funding cost share for the project
• 2) City of Miami representative to travel to Washington DC with MRC in April 2011 for meetings in support of the project
  

FIND, $3 million – Over the next three years, City applies for 3 annual FIND grants, at $1 million per year, to dredge Seybold Canal.

Action Item:

• 1) In March 2011, City submitted a $1 million FIND grant application to dredge Seybold Canal
• 2) City advocates April – September 2011
• 3) In January 2012, City prepares and submits $1 million FIND grant application to dredge Seybold
• 4) In January 2013, City prepares and submits $1 million FIND grant application to dredge Seybold
  

SFWMD, $1 million – City seeks return of previously (2003) awarded SFWMD $1 million grant for this project out of the next SFWMD FY 2011-2012 (October 1, 2011 – September 30, 2012) Budget

Action Item:

• 1) City mailed a letter in March 2011 to SFWMD Chairman Eric Buermann, seeking return of SFWMD’s previously awarded $1 million grant for this project
• 2) City advocates April – September 2011

Miami-Dade County, $1 million – Request $1 million from County’s FY 2011-2012 (October 1, 2011 – September 30, 2012) Budget

Action Item:

• 1) On March 1, 2011 Honorable Mayor Regalado wrote Honorable County Commissioner Bruno Barreiro seeking $1 million County cost share for the project
• 2) City advocates April – September 2011”

Mr. Bibeau thanked the Honorable City of Miami Mayor Tomas Regalado for sending letters to the State, the SFWMD and Miami-Dade County. Mr. Bibeau noted the Mayor wrote the State in support of the City’s $8 million request for the project/cost-share, as the project includes state-owned submerged land containing dioxin.

Mr. Bibeau cited the March 2, 2011 SSC meeting minutes in which he had asked Mr. Kirk Menendez, City of Miami Intergovernmental Affairs, and Mr. Jose Fuentes, The Fuentes Consulting Group, when he could accompany the City’s team to Tallahassee and Washington DC to advocate for state and federal funding-respectively- for the Wagner Creek/Seybold Canal Maintenance Dredging and Environmental Cleanup Project. Mr. Bibeau reported he had sent the city a list of his available travel dates, which had not been accepted, and the two trips are yet to occur. Mr. Bibeau explained the city had indicated it was “not the right time” to travel to DC in March and were therefore considering making a trip in April. As far as traveling to Tallahassee, Mr. Bibeau stated he was willing and able to accompany the city to advocate for the project prior to the end of session.

Mr. Bibeau thanked the city for agreeing to apply to the FDEP Section 319 (h) Grant and ask for the maximum grant funding request. Mr. McSweeney replied he believed the maximum funding request is up to $4 million, yet needed to verify this information. Mr. Bibeau asked who in the city would be preparing the paperwork for this grant, and Mr. Lago replied he would follow up with CIP Director Alice Bravo to obtain that information as well as inquire about the amount of this grant funding request. Mr. Lago added the deadline to submit the grant is May 27. Mr. McSweeney stated he believed Ms. Kira Grossman of the City’s Attorney’s Office is involved with the grant preparation, and noticed that Mr. Lago has been in communication solely with Mr. Menendez. Mr. McSweeney therefore recommended streamlining the communication process so that all parties associated with the grant preparation are in the loop.

Mr. Bibeau noted the next FIND presentation (in which its board members will rank projects seeking funding) will be held in June. Mr. Bibeau mentioned therefore the goal to obtain the final ACOE permit is June, and if that goal is not met the deadline becomes August 2011, in order to remain eligible for the FIND grant.

II. Update/Presentation of Miami River Basin Water Quality Improvement Plan Quarterly Progress Reports - Mr. Bibeau thanked Ms. Diane Waters, City of Miami Public Works Department, for providing the City of Miami’s 4th Quarter Progress Report for 2010. Mr. Bibeau noted the city’s report will be made available to the public on the MRC’s website, www.miamirivercommission.org, and therefore wanted to seek clarification on Ms. Waters’ recently submitted documents. Mr. Bibeau noted that although the title of Ms. Waters’ recent submission reads, “4th Quarter,” it is actually a combination of 3rd and 4th quarter progress reports. Ms. Waters confirmed this information and added the combined report only features Public Works-related items. Per the recommendation of Mr. Bibeau, Ms. Waters agreed to change the title of the recently submitted Public Works report to reflect both 3rd and 4th quarters for Public Works items only. Mr. Bibeau kindly reminded Mr. Lago to have CIP submit their portion of the 3rd and 4th quarter reports, and Mr. Lago agreed to follow up.

Mr. Bibeau noted the 2nd Quarter Progress Report for 2010 which Ms. Waters had submitted at the March 2, 2011 SSC meeting was actually a combination of 1st and 2nd quarter reports. Per the suggestion of Mr. Bibeau, Ms. Waters agreed to correct the title of the report to reflect the combination of both 1st and 2nd quarters. In addition, Mr. Bibeau asked Mr. Lago to verify if the CIP-related items featured in the report are a combination of 1st and 2nd quarter results, and Mr. Lago agreed to look into this. Mr. Bibeau recognized the 1st quarter of 2011(January-March) has just “closed out” and therefore did not expect a presentation this month, but hoped to receive the report in the near future. Similarly, Mr. Bibeau stated he hoped to also receive the Miami-Dade County Department of Environmental Resources Management (DERM) 1st quarter of 2011 progress report.

Mr. Brett Bibeau thanked Mr. Omar Abdelrahman, DERM for providing DERM’s 2nd and 3rd Quarter Progress Reports for 2010 at the last meeting, followed by 4th Quarter 2010 before today’s meeting, and noted they would be made available to the public on the MRC’s website, www.miamirivercommission.org. Mr. Bibeau asked Mr. Abdelrahman if he would like to present the quarterly reports, and Mr. Abdelrahman provided the following summary of results/quarterly composites:

• 2nd Quarter (April-June 2010): fecal coliform levels exceeded the State Standard in June along Wagner Creek Stations 02-04 and Miami River Station 03
  3rd Quarter (July-September 2010): fecal coliform levels exceeded the State Standard in July and August along Wagner Creek Stations 02-04 and Miami River Station 03 (except in August)

I. Discussion of Conducting a Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal – Mr. Bibeau noted Ms. Amy Tracy, FDEP, was unable to attend today’s meeting and had submitted via email the following report:

“The City of Miami has requested an extension for comments on the Walk the Wagner Creek Summary Report and I have said that would be fine. I haven’t set up the follow up meetings to discuss but plan to do that next week:

• Additional Sampling
• Boat tour for areas with no access
• DERM has agreed to let us use their boat but I don’t think a date has been set yet- it would be good to follow up on that
• Tour of VA facility – private lift stations and stormwater inlets
• Dumpsters @ UM Medical Facility that back up to the creek
• Additional Management Actions
  • Allapattah
• Increased law enforcement presence
• Locks on dumpsters
• Public Education Campaign to Business’s in the market place
• Pet waste stations”

Mr. Bibeau noted the MRC’s May 2, 2011 public meeting will include a presentation of Ms. Tracy’s “Wagner Creek Walk the WBID Summary Report,” made from Tallahassee using the internet and speaker phone. Mr. Bibeau added the meeting will be held at the United Way Ryder Conference Room, 3250 SW 3rd Avenue, noon.
Ms. Waters noted the City may suggest changes to the Wagner Creek follow-up action items, yet noted the city is hoping to submit their final comments to FDEP by mid-April.

Mr. Abdelrahman stated he had informed Ms. Tracy that FDEP has received authorization to use one of DERM’s small vessels to tour areas along Wagner Creek which were unable to be viewed/studied by foot during the November 18 Walk the WBID exercise due to private property access issues. Mr. Abdelrahamn noted the vessel can only accommodate a maximum of three people: himself, a representative from the City of Miami and a representative from the South Florida Water Management District. Mr. Bibeau stated it was his understanding that one member of the Miami River Commission staff had been invited, and Mr. Abdelrahman replied he would need to confirm this with Ms. Tracy.

IV. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – On behalf of the Miami River Commission, Mr. Bibeau thanked Ms. Lucy Perez and the team at the South Florida Water Management District (SFWMD), for their continued efforts in identifying the legally responsible owners/maintenance providers of the tributaries along the Miami River. Ms. Perez noted the SFWMD team is almost finished with their research of the South Fork, and is solely awaiting the receipt of a corresponding map to assist them with their report. Ms. Perez added that after research for the South Fork has been completed, the SSC can reconvene to discuss the only remaining tributary: the North Fork.

V. New Business – Mr. Bibeau asked Ms. Waters if per chance she had a copy of the MRC’s submitted signed contract with the City of Miami for the $25,000 fair-share annual funding, and Ms. Waters replied no and suggested contacting her supervisor, Ms. Elyrosa Estevez. Mr. Bibeau stated he had emailed Ms. Estevez as soon as he had received indication from Ms. Monica Rodriguez, City of Miami, that she had not received the executed contract when mailed to the City in December 2010.

Ms Chase stated per previous emails, MRC would be submitting the City’s requested information for their NPDES Annual Report on April 7.

The SSC confirmed its next regularly scheduled first Wednesday of the month, 10 AM, publicly noticed meeting for Wednesday, May 4, 2011, 10 AM, at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor.

The meeting adjourned.

I. Update of Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal – Mr. Bibeau welcomed Ms. Anita Nash, Florida Department of Environmental Protection (FDEP), whom would be taking over Ms. Amy Tracy’s role as coordinator of the Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal. Mr. Bibeau noted Ms. Tracy had done a wonderful job and was looking forward to working in partnership with Ms. Nash. Ms. Nash stated she was currently “catching up” on the individual follow-up action items generated in the Draft “Walk the Wagner Creek Summary Report,” and hoped to distribute a revised report in the near future for final input.

Mr. Omar Abdelrahman, Miami-Dade County Department of Environmental Resources Management (DERM), informed Ms. Nash that he had received authorization to use one of DERM’s small vessels to tour areas along Wagner Creek and Seybold Canal which were unable to be viewed/studied by foot during the November 18 Walk the WBID exercise due to private property access issues. Mr. Abdelrahamn reminded the SSC that the vessel can only accommodate a maximum of three people: himself, a representative from the City of Miami and the South Florida Water Management District (SFWMD). Ms. Diane Waters, City of Miami Public Works Department, stated she had recently received authorization to participate in the boat tour from her supervisor. Ms. Lucy Perez, SFWMD, thanked Mr. Abdelrahman for the invitation yet suggested it would perhaps be more appropriate to invite a representative from FDEP. The SSC mentioned inviting Mr. Harold Moesch, FDEP, and Ms. Nash stated she would be happy to coordinate this effort.  

Mr. Bibeau referenced Ms. Waters’ April 29, 2011 email to the Walk the WBID team, and asked for clarification on the following comment: “None of the City of Miami records indicates that the [Veterans Administration] VA system connects to the City of Miami system.  Rather, the VA appears to have its own direct connection to Wagner Creek.  As such, the VA should either have its own NPDES stormwater permit or an environmental resource permit issued by the South Florida Water Management District through DERM.”  Therefore Mr. Bibeau asked if the VA has either of the two aforementioned permits.  Mr. Abdelrahman replied Ms. Marcia Steelman, DERM, is currently researching this.  Mr. Bibeau cited Ms Nash’s 4/29 email, requesting the inspection records and review for any action items for DERM’s January 2011 inspection of the

VA facility.  Mr. Abdelrahman replied Ms Steelman is pulling the requested inspection records.  Ms Nash asked the locals to inspect the VA facility after conducting the boat inspection tour.  Mr. Abdelrahman noted he would like to have a DERM inspector on-hand during the tours to evaluate what appropriate enforcement action-if any-is needed at the facility. Ms. Nash stated it would be beneficial to have Ms. Waters’ participation/input at the VA tour, and Ms. Waters replied that although this exercise is not considered within the City’s jurisdiction, she would forward this request to her supervisor.   Ms. Nash suggested DERM coordinate the tour of the VA facility on the same day of the boat tour-if possible, and Mr. Abdelrahman replied he would be happy to participate in this tour yet did not wish to serve as the “lead.” Mr. Abdelrahman noted he would forward this request to Ms. Steelman, and Ms. Nash agreed to work with DERM to schedule the boat and VA facility tour date.

Mr. Bibeau welcomed Mr. Charlie Hand, a longtime resident of Seybold Canal. Mr. Hand expressed his frustration with the amount of time and effort it has taken to identify potential pollutant sources along Wagner Creek & Seybold Canal and noted the reason he has attended the SSC meetings so “infrequently” is because he feels that “nothing takes place.”

The SSC established a one-month timeline to meet the following goals (by the June 1 SSC meeting):

• Determine the date of the boat tour and informational VA facility tour

• Obtain results of DERM’s January 2011 VA facility inspection

• Determine if VA has its own permits

II. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan - Mr. Bibeau welcomed Mr. Hector Badia, City of Miami Capital Improvement Program (CIP), whom is serving as the new Project Manager on behalf of the City. Mr. Bibeau asked him to provide an update of the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project, and Mr. Badia replied he would respectfully like to defer to Mr. Tom McSweeney, CH2M Hill, as he is currently getting up-to-speed on the project. Mr. McSweeney stated he is meeting with Mr. Albert Gonzalez, Army Corps of Engineers (ACOE), tomorrow to address the ACOE’s ten pending questions before executing the final permit to conduct the Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Cleanup Project.  Mr. McSweeney stated most of the answers are contained within the large Wagner Creek / Seybold Canal Corrective Action Plan (CAP).  Mr. McSweeney added he hoped to resolve all pending items by tomorrow and secure the ACOE permit by June.

Mr. Bibeau reported to Mr. Hand that FDEP and DERM have fully issued and executed their permits for the Wagner Creek & Seybold Canal Maintenance Dredging and Environmental Cleanup Project, and the only remaining permit to be obtained is from the Army Corps of Engineers.

Mr. Bibeau distributed and reviewed a revised Wagner Creek & Seybold Canal Project Summary:

“Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Clean-Up Project – May 4, 2011
Navigational Needs
The Seybold Canal is a tributary directly connecting to the Miami River which recently completed a successful maintenance dredging project.  Please note the following data from the Seybold Canal’s currently operating marine industrial businesses, which would significantly benefit from improved vessel navigation by deepening the waterway via the Seybold Canal / Wagner Creek Maintenance Dredging and Environmental Clean-Up Project:
1)      Alimar at the River Inc / “Campeones Boatyard”, 600 NW 7 Ave, 16 employees (direct and independent), boats from 25’-52’, larger boats have difficulty navigating the shallowed Seybold Canal and may only do so by high tide.  The proposed Seybold Canal Maintenance Dredging would resolve the business’ limited operation by improving navigation so the vessels may navigate the Seybold Canal regardless of tide.

2)      River’s Edge Marine Inc / “Popeye’s Boatyard”, 810-830 NW 8 ST RD, 8 employees (direct and independent), boats from 12’-30’

3)      M&E Seafood Wholesale LLC / “Garcia’s Commercial Fishing”, 710-722 NW 7 Ave, 8 employees, boats, 30’, 40’ and 44’, larger boats have difficulty navigating the shallowed Seybold Canal and may only do so by high tide.  The proposed Seybold Canal Maintenance Dredging would resolve the business’ limited operation by improving navigation so the vessels may navigate the Seybold Canal regardless of tide.

4)      Manny Seafood Corporation / Prieguez Commercial Fishing, 510 NW 7 Ave, operator stated on the record at public MRC meeting that two boat propellers were broken while navigating the shallowed Seybold Canal.  The proposed Seybold Canal Maintenance Dredging would resolve the business’ limited operation by improving navigation so the vessels may navigate the Seybold Canal regardless of tide.

In addition, numerous single family homes along the Seybold Canal have recreational vessels which rest on the bottom of the waterway at low tide, completely unable to navigate the Seybold Canal in order to access the Miami River to the Intracoastal Waterway, Biscayne Bay, etc.  The Seybold Canal Maintenance Dredging and Environmental Clean-Up project would alleviate this problem, by deepening the waterway, which would allow the private recreational vessels docked behind waterfront homes along the Seybold Canal to navigate regardless of tide. 
The project’s successful completion will increase the property value of the residences and marine industrial businesses along the Seybold Canal, therefore increase tax revenue which in the long run would be a return on the public investment made into this project.

Environmental Needs
Seybold Canal connects to the northwest with Wagner Creek, and this waterway is known as the most polluted in the State of Florida.  Contaminants, including but not limited to fecal coliform and dioxin, violate and exceed the required water quality levels for safe fishing and swimming, marine life, etc.  The Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Clean Up project would remove these contaminated sediments from the water, significantly improving the natural environment.  In addition, the project will improve flood water conveyance capacity from the large storm water system draining into the Seybold Canal and Wagner Creek.

An October 16, 2009 letter from Miami-Dade Department of Environmental Resource Management (DERM) to the City of Miami states, “Within one hundred and twenty (120) days of this correspondence (expired January 2010) implement the CAP (Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Cleanup project) as approved.  Failure to adhere to the item and timeframes stipulated above may result in enforcement action for this site.”

A January 26, 2010 reply letter from the City of Miami Manager to DERM states, “The City of Miami is preparing to begin execution (of the Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Cleanup project) within 6 months.” which expired in July 2010.

Permits
Two years ago, the City of Miami contracted CH2MHill for $960,000 to fully engineer, conduct public outreach, and obtain all required permits for the long awaited and widely supported Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Clean-Up Project.  Since then the project has received fully executed permits from FDEP and DERM, and are expecting the final ACOE permit to be executed later this month.

Funding
The City of Miami estimates construction of the Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Clean-Up project at $20 million, of which the City currently has $1.35 million appropriated / set aside from the City’s reoccurring Storm-Water Utility Fee.  Over the next three years the City of Miami is seeking a $3 million cost share from FIND, re-securing a previously appropriated $1 million from the SFWMD, $8 million for the state owned Seybold Canal portion, $5.65 million from Federal funding sources and $1 million from Miami-Dade County.  FIND and FDEP staff have determined the Seybold Canal, from the Miami River to NW 11 ST, meets the eligibility criteria to be considered for a potential cost share for the project from FIND and this portion of the submerged land is owned by the State of Florida.”

Mr. Bibeau distributed and reviewed an updated draft funding plan for Wagner Creek & Seybold Canal:

“Seybold / Wagner Maintenance Dredging and Environmental Cleanup Project
DRAFT 3-Year Funding Plan – May 4, 2011

Construction estimate is $20 million, of which the City of Miami has appropriated $1.35 million, leaving an $18.65 million shortfall.

State of Florida, $8 million – The State of Florida owns the submerged land in Seybold Canal, from which DERM is legally requiring the removal of the contaminated sediments, including dioxin.  The total estimated $20 million project cost will dredge 50,000 cubic yards from both Wagner Creek and Seybold Canal, creating an estimated average cost of $400 per cubic yard.  Seybold Canal alone has 20,000 cubic yards x $400 per yard = $8 million.  ($2,666,666 per year if requested amount is spread over 3 years)
Immediate Action Item: 1) City Apply to FDEP Section 319 (h) Grant
2) Advocate in support of City’s 2011 State Legislative Package, which includes this $8 million request for the project
3)  City of Miami representatives to continue travel to Tallahassee for meetings in support of the project
4)  On 3/1/11 Honorable Mayor Regalado wrote FDEP Secretary Vinyard in support of City’s $8 million request for the project, which is also included in the City’s State Leg. Package

Federal, $5.65 million – City’s Federal Legislative Package requests a Federal cost share for the Seybold Canal / Wagner Creek Maintenance Dredging and Environmental Cleanup project.
Action Items:
1)  Advocate in support of the City’s 2011 Federal Legislative Package, which includes this request for a federal funding cost share for the project 
2) City of Miami representative to travel to Washington DC with MRC in May 2011 for meetings in support of the project

FIND, $3 million – Over the next three years, City applies for 3 annual FIND grants, at $1 million per year, to dredge Seybold Canal.
Action Item: 1)  In March 2011, City submitted a $1 million FIND grant application to dredge Seybold Canal
2)  City advocates April – September 2011
3)  In January 2012, City prepares and submits $1 million FIND grant application to dredge Seybold
4)  In January 2013, City prepares and submits $1 million FIND grant application to dredge Seybold

SFWMD, $1 million – City seeks return of previously (2003) awarded SFWMD $1 million grant for this project out of the next SFWMD FY 2011-2012 (October 1, 2011 – September 30, 2012) Budget
Action Item:  1) City mailed a letter in March 2011 to SFWMD Chairman Eric Buermann, seeking return of SFWMD’s previously awarded $1 million grant for this project
2)  City advocates April – September 2011

Miami-Dade County, $1 million – Request $1 million from County’s FY 2011-2012 (October 1, 2011 – September 30, 2012) Budget
Action Item: 1) On March 1, 2011 Honorable Mayor Regalado wrote Honorable County Commissioner Bruno Barreiro seeking $1 million County cost share for the project
2) City advocates April – September 2011

City of Miami, remaining balance – City of Miami to apply now for a low interest loan / bond from the State of Florida’s “Clean Water Revolving Loan Fund”, to be repaid by a portion of the City’s annual reoccurring Stormwater Utility fee, in order to bridge the gap for the funding balance due, after completing 2 rounds of securing cost share partners.”

Mr. Bibeau stated he is grateful to the City of Miami for their continued efforts to obtain funding to dredge Wagner Creek & Seybold Canal, and asked who is preparing the City’s application for the FDEP Section 319 (h) Grant. Mr. McSweeney stated CH2M Hill is currently preparing the application and a draft is expected to be submitted to Ms. Alice Bravo, City of Miami CIP Director, by next week.  Mr. McSweeney explained the City of Miami is applying for the maximum $4 million, and if awarded, funds would become available by Summer 2012.

Mr. Hand expressed his concern regarding the ongoing low water depth/silt issue created as a result of FDOT’s completed NW 5th Street Bridge Replacement Project. In addition, Mr. Hand trash and debris has collected and in the outfall grates in Seybold Canal, near the Humpback Bridge.  Mr. Hand stated it was his understanding that FDOT was supposed to have surveyed the 5th Street Bridge area, specifically at the confluence of the bridge and the mouth of Seybold Canal to evaluate water depth, and asked if such survey was ever conducted. Mr. Bibeau noted MRC staff had received an email from Lt. Paul Steiner, US Coast Guard, indicating the Coast Guard had completed an independent survey of the area and had concurred with the reports of home and businesses owners regarding Seybold Canal’s current conditions. Mr. Hand and Mr. Bibeau discussed how the ACOE’s pre and post-dredge surveys had demonstrated a significantly deeper depth within this area (prior to FDOT’s 5th Street Bridge Replacement Project). Mr. Bibeau noted he has remained in contact with tug boat operators, whom have also expressed their concern regarding the shallow depths near the 5th Street Bridge. Mr. Hand asked if FDOT had been provided a copy of the US Coast Guard’s survey, and Mr. Bibeau replied he was not entirely sure. Mr. Hand noted he would touch base with Lt. Steiner.

Mr. Bibeau cited Ms. Waters 4/28 email stating “the City of Miami agrees to the once-monthly frequency of storm drain cleaning in the Allapattah area”.  Mr. Bibeau asked how often was it being cleaned before now, and how often the remaining Miami River stormdrains are cleaned using vacuum trucks.  In addition, Mr. Bibeau asked if the City may potentially notify MRC staff one week in advance of scheduled Miami River canal cleaning performed by Texas Aquatic.  Ms. Waters noted she would forward these questions to her supervisor.

Mr. Hand asked if there are any outfalls identified within Wagner Creek and Seybold Canal to be upgraded, and Mr. Badia replied the outfalls along NW North River Drive in Spring Garden are currently being retrofitted as a part of the Greenway construction project. Mr. Badia explained the new outfalls, designed by Contechs, contain a vortex screen which efficiently separates pollutants and debris and requires regular maintenance. Mr. Bibeau asked if CIP formally makes maintenance recommendations to Public Works, and Mr. Badia replied the manufacturer typically provides a suggested maintenance schedule.   

III. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – On behalf of the Miami River Commission, Mr. Bibeau thanked Ms. Lucy Perez and the team at the South Florida Water Management District (SFWMD), for their continued efforts in identifying the legally responsible owners/maintenance providers of the tributaries along the Miami River.  Ms. Perez noted the SFWMD team is expected to be complete and submit their research of the South Fork by next week. Ms. Perez added that after research for the South Fork has been completed, the SSC can reconvene to discuss the only remaining tributary: the North Fork.

V. New Business – Mr. Bibeau thanked Ms. Waters, City of Miami Public Works Department, for providing and updating titles of the previously distributed City of Miami Public Works 1st and 2nd Quarter, as well as 3rd and 4th Quarter, Progress Reports for 2010. Ms. Chase asked Mr. Badia and Ms. Waters if they would be so kind to present the City’s 1st Quarter Progress Report for 2011 (January-March) at the June 1 SSC meeting, and they replied they would try to accommodate that request. Mr. Bibeau kindly reminded Mr. Badia to have CIP submit their portion of the 3rd and 4th quarter reports for 2010, and Mr. Badia replied he would see what he could do.

Ms. Chase thanked Mr. Omar Abdelrahman, DERM, for providing DERM’s 2010 Quarterly Progress Reports. Ms. Chase and asked Mr. Abdelrahman if he would be ready to present DERM’s 1st Quarter Progress Report for 2011 (January-March) at the June 1 SSC meeting, and Mr. Abdelrahman replied yes.

The SSC confirmed its next regularly scheduled first Wednesday of the month, 10 AM, publicly noticed meeting for Wednesday, June 1, 2011, 10 AM, at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor.

The meeting adjourned.

I. Update of Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal – Ms. Anita Nash, Florida Department of Environmental Protection (FDEP), stated she had received comments from all agencies on the 1st draft Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal. Ms Nash stated revisions will be incorporated and then a second draft is estimated to be distributed next week. 

Mr. Omar Abdelrahman, Miami-Dade County Department of Environmental Resources Management (DERM), stated he will be joined by Harold Moesch, FDEP, and Diane Waters, City of Miami, in one of DERM’s small vessels on June 9, 2011 in order to inspect areas, and take water samples, along Wagner Creek and Seybold Canal, which were unable to be viewed/studied by foot during the November 18, 2010 Walk the WBID exercise, due to private property access issues.  In addition this group of agency representatives will tour and inspect the VA hospital on June 9.   

Mr. Bibeau referenced Ms. Waters’ April 29, 2011 email to the Walk the WBID team, and asked for clarification on the following comment: “None of the City of Miami records indicates that the [Veterans Administration] VA system connects to the City of Miami system.  Rather, the VA appears to have its own direct connection to Wagner Creek.  As such, the VA should either have its own NPDES stormwater permit or an environmental resource permit issued by the South Florida Water Management District through DERM.”  Therefore Mr. Bibeau asked if the VA Hospital has either of the two aforementioned permits.  Ms. Marcia Steelman, DERM, confirmed the VA Hospital does have an old direct outfall connection into Wagner Creek, and therefore the VA Hospital might need its own NPDES Permit.  Ms Steelman stated the VA Hospital does not have a Class II permit or Environmental Resource Permit for this old direct outfall into Wagner Creek, yet does have operational and construction permits.  Mr. Bibeau cited Ms Nash’s 4/29 email, requesting the inspection records and review for any action items from DERM’s January 2011 inspection of the VA Hospital.  Ms Steelman stated she will provide FDEP’s requested inspection records. 

II. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan – Mr. Bibeau stated The U.S. Senate Appropriations Committee asked Senators to submit water related projects for consideration to receive federal cost shares in the Water Resources Development Act (WRDA) by June 6.  Mr. Bibeau thanked Honorable Mayor Regalado, and Honorable Vice Chairman Carollo, for writing Honorable Senator Nelson on April 14, asking him to nominate the Seybold Canal / Wagner Creek Maintenance Dredging and Environmental Cleanup project.  On behalf of the MRC, Chairman Aguirre wrote a similar letter on May 16.     

III. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River –  Item was deferred

IV. New Business – Mr. Bibeau cited the May 4 public SSC meeting minutes which state, “Mr. Bibeau thanked Ms. Waters, City of Miami Public Works Department, for providing and updating titles of the previously distributed City of Miami Public Works 1st and 2nd Quarter, as well as 3rd and 4th Quarter, Progress Reports for 2010. Ms. Chase asked Mr. Badia and Ms. Waters if they would be so kind to present the City’s 1st Quarter Progress Report for 2011 (January-March) at the June 1 SSC meeting, and they replied they would try to accommodate that request.”  Therefore Mr. Bibeau stated he hoped to receive the City’s report before the July 6 public SSC meeting.

Mr. Bibeau cited the May 4 public SSC meeting minutes which state, “Ms. Chase thanked Mr. Omar Abdelrahman, DERM, for providing DERM’s 2010 Quarterly Progress Reports. Ms. Chase and asked Mr. Abdelrahman if he would be ready to present DERM’s 1st Quarter Progress Report for 2011 (January-March) at the June 1 SSC meeting, and Mr. Abdelrahman replied yes.”  Mr Abdelrahman deferred DERM’s report to the July 6 public SSC meeting.

The SSC confirmed its next regularly scheduled first Wednesday of the month, 10 AM, publicly noticed meeting for Wednesday, July 6, 2011, 10 AM, at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor.

The meeting adjourned.

Miami River Commission’s Stormwater Subcommittee Meeting Sign-in Sheet

Wednesday, June 1, 2011
10:00 AM
SFWMD
Miami, FL

NAME                                   ORGANIZATION                    PHONE / FAX / E-MAIL

Brett Bibeau                         Miami River Commission          (305) 644-0544/  miamiriver@bellsouth.net

Anita Nash                 Florida Department of Environmental Protection (FDEP)

Susan Mason                        Florida Department of Environmental Protection (FDEP)

Harold Moesch                     Florida Department of Environmental Protection (FDEP)

Omar Abdelrahman            Miami-Dade Dep’t of Environmental Resources Management

Marcia Steelman                   Miami-Dade Dep’t of Environmental Resources Management

I. Presentation of Miami River Basin Water Quality Improvement Plan Quarterly Progress Reports- MRC Managing Director Brett Bibeau thanked Mr. Omar Abdelrahman, Miami-Dade County Department of Environmental Resources Management (DERM), for providing DERM’s 1st Quarter Progress Report for 2011 and noted it will be made available to the public on the MRC’s website, www.miamirivercommission.org. Mr. Bibeau asked Mr. Abdelrahman if he would like to present the quarterly report, and Mr. Abdelrahman provided the following report highlights:

• The Wagner Creek 02 Substation exceeded the State Standard (800 cfu/100 ml) for Fecal Coliform in January and February 2011; all other substations tested below standard
• Ammonia Nitrogen results from January-March 2011 were below the County Standard
• Total Phosphate results from January-March 2011 were below standard (Miami River target)
• Turbidity results from January-March 2011 were below standard (Miami River target) and have not exceeded standards since February 2008

Mr. Bibeau stated on June 1, 15 minutes prior to that day’s public SSC meeting, Ms. Diane Waters, City of Miami Department of Public Works, sent an email indicating she would not be able to participate in the June 1 meeting due to a project deadline. Mr. Bibeau explained MRC staff did not have a chance to read the email until after the meeting, and was therefore unable to forward Ms. Waters’ report on the record per her request during the June 1 SSC meeting, but would be happy to include that report in today’s meeting minutes:

“I) Presentation of Miami River Basin Water Quality Improvement Plan Quarterly Progress Reports-The Public Works portion of the 1st quarter 2011 report has been submitted to the Capital Improvement Program.  CIP will add their items to the report and submit the combined document to the Miami River Commission. 

II)  Update of “Walk the WBID” Waterbody Identification (WBID) for Wagner Creek and Seybold Canal-The boat tour and walk of the Veteran's Administration storm sewer system are planned for 6/9/2011.  Diane Waters will attend for the City of Miami.  The City of Miami has cleaned the inlet at 1511 NW 13 CT that was identified as partially blocked in the Walk-the-WBID draft summary report.  The City of Miami has issued a notice to proceed to a consultant to create a monitoring plan to identify more precisely the source of the fecal coliform loading to Seybold Canal and Wagner Creek.  Location of DERM's online database with inspection information http://derm.miamidade.gov/NetFYI/cgi/NetFYIIsapi.DLL?METHOD=ViewSearch&Class= Permitted+Facilities&Life=L Search for the VA Hospital by address 1201 NW 16 ST.” 

Mr. Bibeau noted Ms. Waters emailed MRC staff today, indicating “due to another project deadline from my director, I may not be able to attend today’s meeting.” Mr. Bibeau stated per her request, he would therefore reflect her emailed report on the record.

The SSC hopes to receive the City’s (PW and CIP) quarterly reports at the September meeting.

II. Update of Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal – Ms. Ashley Chase, MRC Assistant Managing Director, stated Ms. Anita Nash, Florida Department of Environmental Protection (FDEP), was unable to participate in today’s meeting due to a scheduling conflict.

Mr. Bibeau provided the following report submitted by Ms. Waters, “Diane Waters, Harold Moesch of FDEP, and Omar Abdelrahman of DERM participated in the Boat Tour and tour of the VA Hospital on June 9, 2011.  Plans for the VA were reviewed and the private sanitary sewer system at the VA and part of the general grounds were inspected.  The plans available were from 1996 and plans showing the current configuration of the hospital were not available.  The VA staff stated that current as-built plans were in the process of being created.  Due to time constraints, only a portion of the VA storm sewer system was inspected.  The field team then proceeded to the boat tour of Wagner Creek/Seybold Canal.  Several potential illicit connections were observed from the apartment buildings, private homes, and businesses along the waterway.   A complete report with photos was submitted to FDEP.”

Mr. Abdelrahman reported he was joined by Mr. Harold Moesch, FDEP, and Ms. Diane Waters, City of Miami, in one of DERM’s small vessels on June 9, 2011 in order to inspect areas along Wagner Creek and Seybold Canal, which were unable to be viewed/studied by foot during the November 18, 2010 Walk the WBID exercise, due to private property access issues. In addition, Mr. Abdelrahman noted the group toured and conducted a partial / incomplete inspection (due to time restrictions in the one day Wagner Creek boat trip and VA inspection) of the VA hospital. Mr. Abdelrahman noted the group had surveyed the areas that were originally unable to be accessed by land, between 14th Avenue and north of 20th Street, and had identified a series of pipes of varying diameters draining into both Wagner Creek and Seybold Canal.  Mr. Abdelrahman noted this may require additional investigation to determine if these pipes constitute illegal connections.  In regards to inspections conducted at the VA Hospital, Mr. Abdelrahman stated that-on the surface-he did not really see any issues of concern, yet would not rule out potential deficiencies in the stormsewer infrastructure.  Mr. Abdelrahman noted he believed smoke testing had formerly been conducted at the site, and DERM was awaiting to receive those results. In addition, Mr. Abdelrahman reported it was his understanding that flow dye testing would be conducted in the future, and agreed to furnish more information on this initiative as soon as it becomes available.

Mr. Bibeau asked for an estimated timeline for the completion of the reported inspection and research, and Mr. Abdelrahman replied he did not know.  Mr. Abdelrahman reported the group had also conducted a sanitary sewer inspection which had identified deficiencies in the VA hospital’s sanitary sewer system.  Mr. Abdelrahman stated DERM will provide results of the upcoming smoke and flow / dye testing.

Mr. Bibeau reported City of Miami Assistant CIP Director Albert Sosa and he had recently attended a Florida Inland Navigation District (FIND), board meeting to present the City’s $1 million FIND application for the maintenance dredging of Wagner Creek and Seybold Canal, and they had been asked about the source of contamination.  According to Mr. Bibeau, Mr. Sosa
had answered potentially an old garbage incinerator was the potential source/contributor of contamination, yet it has not been in operation for decades.  Mr. Bibeau noted he had recently reviewed the VA Hospital’s inspection reports, which had been provided by Ms. Marcia Steelman, DERM, as requested by FDEP, and was surprised to read that the VA facility has been using a different, newer incinerator, for over the past decade, although it was shut down over the past 6 months.  Mr. Bibeau asked Mr. Abdelrahman if this incinerator had been inspected during the group’s visit, and Mr. Abdelrahman replied the group had seen, but not inspected it. Mr. Abdelrahman added the group had been informed the incinerator was not currently in use, but it was the desire of the VA Hospital to get it up-and-running, in operation again.

Mr. Bibeau stated it was his understanding that FDEP had provided the latest draft “Summary of Results: Walk the Waterbody Identification (WBID) for Wagner Creek (WBID 3288A),” and all agencies have submitted requested revision to the draft, therefore FDEP’s final “Wagner Creek Walk the WBID (3288A)” document was forthcoming.  MRC staff thanked the agencies for undertaking this initiative.

III. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan – Mr. Bibeau thanked the City of Miami and their consultants for partnering with the MRC on applications to three grants to date: two from the State for over $4 million, and one from FIND for $1 million.  Mr. Bibeau added the City is pursuing four additional federal grant opportunities, and would keep the SSC informed on their progress.  Mr. Bibeau reported the U.S. Army Corps of Engineers is expected to issue their permit (final needed permit) later this month.

IV. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – Ms. Lucy Perez, South Florida Water Management District (SFWMD), noted the staff member that had been responsible for this research has left the SFWMD due to budgetary issues, and therefore had no update to report at this time.

Mr. Bibeau stated the SFWMD team has only two remaining tributaries to research: the North and South Fork. Mr. Bibeau noted he believed the North Fork has no connection to the SFWMD, yet the South Fork, which connects to a SFWMD owned Salinity Dam, maybe owned by the SFWMD.  Ms. Perez noted it would not be correct to make that assumption, but reasoned that after the SFWMD gets “settled in” (by September), a new staff member will probably take over this research.

V. New Business – Ms. Perez announced that due to budgetary issues, the SFWMD had decided to close down its Miami Regional Office later this month, and today was therefore the last SSC meeting to be conducted at this office.  MRC staff expressed its condolences and thanked the SFWMD for its support.  Ms. Perez stated that if she is transferred to another SFWMD office, she would be more than happy to continue providing MRC staff with the monthly SSC conference call-in number. Should Ms. Perez not be able to fulfill this kind offer, MRC staff agreed to explore the possibility of FDEP providing the call in number for future meetings.  The future monthly public SSC meeting location will be 1407 NW 7 ST.  The SSC confirmed its next regularly scheduled first Wednesday of the month (no August meetings), 10 AM, publicly noticed meeting for Wednesday, September 7, 2011, 10 AM, 1407 NW 7 ST.

I. Update of Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal – Ms. Anita Nash, Florida Department of Environmental Protection (FDEP), thanked everyone for their continued progress and mentioned she and Mr. John Abendroth, FDEP, would be presenting the “Summary of Results DRAFT Walk the WBID Exercise for Wagner Creek (WBID 3288A), August 2011” to the full Miami River Commission (MRC) during their publicly noticed meeting on Monday, September 12, noon, 3250 SW 3 Ave.  Ms. Nash noted the August 2011 draft incorporates all recommendations submitted by the local agencies thus far, yet wanted to discuss a few pending “Action Items” in order to obtain feedback-and ultimately consensus-prior to the scheduled September 12 presentation to the MRC. Specifically, Ms. Nash requested the SSC seek commitment /acknowledgement regarding the jurisdiction of the aforementioned pending “Action Items” and establish a timeline as to their anticipated completion.  The SSC attendees from Miami-Dade County, City of Miami, FDEP and MRC reviewed, discussed, amended, and agreed to the final “Action Items” matrix in the FDEP document.  Ms. Nash thanked the SSC for taking the time to review the action items and stated she would provide an updated version of the Draft Summary, with the new Action Item matrix, in the near future.  Ms Waters indicated consistent with a recommendation from the report, the City recently increased maintenance frequency (vacuuming) of their storm drain systems in the Wagner Creek / Seybold Canal Water Basin.  Ms Nash thanked the City of Miami for doing so, and asked how often they were providing the maintenance before and after the increase of frequency.  Ms Waters stated she would provide this information. 

II. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan – Mr. Bibeau welcomed Mr. Albert Sosa, City of Miami Director of Capital Improvements to the SSC meeting.  CIP Director Sosa reported all permits for the project are currently in hand and fully executed.  Director Sosa stated the City is expected to receive positive news later this month from the Florida Inland Navigation District (FIND) regarding a $1 million grant award. Director Sosa noted thanks to the anticipated FIND grant award, the City hopes to have between $2.5 -$3 million available for the project.  Director Sosa indicated the City is continuing to look into additional funding sources for the remaining $18 million balance needed for the shovel ready project.  Director Sosa stated in part the City has included a funding request for this project as a priority in their State Legislative Package.   On behalf of the MRC, Mr. Bibeau offered continued assistance in identifying, applying, and supporting potential, future funding sources/grant opportunities.

III. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – Mr. Bibeau reported Ms. Lucy Perez is no longer with the South Florida Water Management District (SFWMD). Mr. Bibeau noted Ms. Perez had been instrumental in organizing the effort to identify the ownership and legal maintenance/responsibility of the tributaries along the Miami River. Mr. Bibeau stated he assumed a new SFWMD team member would finish this research, by identifying the entity for the last 2 tributaries, the North and South Forks.  In the meantime, Mr. Bibeau reported he had recently been contacted by Mr. Nestor Garrido of the SFWMD’s Intergovernmental Programs Coordination, whom has assumed Ms. Perez’s role as a liaison between the MRC and SFWMD.

IV. New Business –The SSC confirmed its next regularly scheduled first Wednesday of the month ,10 AM, publicly noticed meeting for Wednesday, October 5, 2011, 10 AM, 1407 NW 7 ST.

The meeting adjourned.

MRC Managing Director Bibeau stated everyone received an email from Ms Ashley Chase, resigning from the MRC because she accepted another job with the University of Miami, where she will also be attending graduate school.

Mr. Bibeau indicated thanks to the strong support of Ms Sandy Batchelor, the entire SFWMD Governing Board and administration, despite significant budget cuts, the SFWMD renewed funding for the Miami River Commission. The Fiscal Year 2012 appropriation is for $150,000, which due to these austere financial times is understandably a 40% reduction from the previous year’s $250,000 appropriation. The MRC will continue hosting monthly public meetings, which include standing monthly updates from the Subcommittee Chairs. The SSC will host quarterly public meetings, and standing agenda items will be the agency quarterly progress reports on implementation of the SSC’s Miami River Basin Water Quality Improvement Plan and FDEP’s Walk the WBID Exercise for Wagner Creek (WBID 3288A).

I. Update of Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal – Ms Waters, City of Miami, reported the plans for the constructed Winn Dixie on Wagner Creek at NW 11 ST do not include the outfall discovered during the Walk the WBID Exercise.  Ms Nash, FDEP, asked Mr Abdelrahman, DERM, to check if the outfall is active after a rain event, and Mr Abdelrahman agreed.
All agencies will provide their 1st quarterly report on implementing FDEP’s Walk the WBID Exercise for Wagner Creek (WBID 3288A) during the SSC’s January 11, 2012 public meeting,
10 AM, 1407 NW 7 ST.

II. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan – Mr. Bibeau welcomed Mr. Thomas McSweeney, CH2MHill. Mr McSweeney stated all permits for the project are currently in hand and fully executed. Mr McSweeney stated the Florida Inland Navigation District (FIND) awarded the City of Miami a $1 million grant for the project. Mr McSweeney indicated the City is continuing to look into additional funding sources for the remaining $18 million balance needed for the shovel ready project, and provided the following update:

• FDEP TMDL Grant application denied – will resubmit next cycle

• 319 grant application – pending

• ST Revolving Loan – FDEP Project Manager will contact City of Miami next week ·

• Federal Brownfields – potential funding, will meet with City Brownfields coordinator  Harry James and MRC Director Bibeau

The meeting adjourned.

Miami River Commission’s
Stormwater Subcommittee Meeting
Wednesday, October 5, 2011 | 10:00 AM
SFWMD Regional Service Center
2121 SW 3 Ave, 6th Floor Miami, FL

NAME ORGANIZATION
Armando Vilaboy SFWMD
Nestor Garrido SFWMD
Omar Abdelrahman DERM
Chrissy Hopps DERM
Anita Nash FDEP
Diane Waters City of Miami
Thomas McSweeney CH2MHILL
Brett Bibeau MRC