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DREDGING COMMITTEE MINUTES:
Minutes of meeting
10:00 AM
(THIS IS A PUBLIC DOCUMENT)
The Miami River Commission’s (MRC) Dredging Working Group met on Wednesday, May 21, 2008, 10 AM, at the South Florida Water Management District (SFWMD) Miami-Dade Regional Office, Conference Room, 6th Floor. MRC Chairman Eric Buermann chaired the meeting and the sign in sheet is attached. Mr. Brett Bibeau, MRC Managing Director, asked if anyone would like to recommend any revisions to the draft April 16 meeting minutes, and Ms. Marina Blanco-Pape, Miami-Dade Department of Environmental Resources Management (DERM), requested that the following portion of the last sentence in the 3rd paragraph be deleted: “…and $300,000 of the FIND funding which reimbursed and advanced payment made by the County.” Chairman Buermann and MRC staff agreed to make the aforementioned revision to the draft minutes and the Dredging subcommittee unanimously adopted their amended April 16, 2008 meeting minutes. The DSC made self introductions.
I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding – Mr. Rene Perez, Army Corps of Engineers (ACOE) project manager for the Miami River maintenance dredging project, reported that the contractors are currently dredging in Acceptance Section (AS) 9. Mr. Perez stated the contractors’ post dredge surveys for Acceptance Sections 7 & 8 are obtained but remain under review and are yet to be accepted. Mr. Perez noted the ACOE recently dispatched divers to inspect AS 8, following a recent report submitted by the contractors that hard rock was located just above the required 15’ depth of the Federal Navigable channel, therefore the contract prohibits its removal.
Mr. Carlos Espinosa, Director of Miami-Dade Department of Environmental Resources Management (DERM), stated the last three Acceptance Sections 13-15 have yet to be awarded. Mr. Perez noted the regulatory agencies have been considering a new turbidity protocol which would only apply for Acceptance Section 15, which maybe different from the protocol for the rest of the project, therefore the Jacksonville District’s Office of Council had been recommending holding awards of acceptance sections 13-15 until the final turbidity protocol was established. Mr. Perez stated recognizing the current protocol will remain in effect for Acceptance Sections 13 – 14, the ACOE has decided with available funding they will award Acceptance Sections 13-14, and only hold awarding Acceptance Section 15 until the potentially new turbidity protocol for Acceptance Section 15 is established. Director Espinosa stated DERM, the Florida Department of Environmental Protection, and the Army Corps of Engineers continue to have conference calls regarding the potentially new turbidity protocols, alternatives and Best Management Practices designed to reduce turbidity within Acceptance Section 15, which includes the confluence of Biscayne Bay. Director Espinosa stated considering the Miami River and its mouth do not have Johnsonian sea grass, FDEP will provide a variance pushing the mixing zone further out to where the first Johnson Sea grass is located. Director Espinosa stated he estimates the variance to be issued this summer. Chairman Buermann noted the ACOE dredging contract requires all additional acceptance sections to be awarded by September 30, 2008, and the ACOE indicated they wouldn’t award the final acceptance section 15 until the final turbidity protocol is established, therefore the estimated variance timeline of this summer would have to be met in order to allow Acceptance Section 15 to be awarded before the contract’s September 30, 2008 deadline to award all final acceptance sections. Director Espinosa commended the MRC and Chairman Buermann’s assistance in securing $10 million from the FL Legislature during the 2008 session, and the probable $3 million FIND grant, which will be sufficient to complete the project. Mr. Perez stated the contractors have applied for several change orders, which remain under review and consideration by the ACOE, yet if awarded would increase the total project cost above the current $86 million estimate. Director Espinosa asked for Chairman Buermann’s and the MRC’s continued assistance in ensuring the Governor will not veto the appropriated funding, and work with Mr. Tommy Williams, FDEP, to create the necessary contract with the County for the State’s recent $10 million appropriation, so that the funding will be ready for transfer from the State to the County at the July 1, 2008 start of the State’s Fiscal Year 2009. Chairman Buermann agreed, noting the ACOE would like to receive all remaining funding by July 31, 2008 in order to have sufficient time to award dredging within the final Acceptance Sections before the contract’s September 30, 2008 deadline. Chairman Buermann stated he has been speaking with FDEP Secretary Sole and ACOE Colonel Grosskruger, whom have been very supportive of finishing the over 50% complete Miami River maintenance dredging and environmental clean-up project.
Director Espinosa noted DERM received the South Florida Water Management District’s (SFWMD) 2nd $3 million payment, which is considered a bridge loan expected to be refunded by the anticipated $3 million grant from the Florida Inland Navigation District, which would become available on October 1, 2008. Director Espinosa stated DERM will transfer the $3 million to the ACOE next week.
Mr. Bibeau distributed and reviewed a Miami River Maintenance Dredging funding matrix. Mr. Bibeau reported the currently awarded Acceptance Sections 7-12 utilized the funding sent to the ACOE before March 27, 2008. Mr. Bibeau noted on March 27, 2008 the ACOE received the following funding 1) Florida Inland Navigation District-$134,000 and $1,164,141; 2) City of Miami-$201,859; 3) SFWMD-$3 million = total of $4.5 million. Mr. Bibeau stated $1.4 million of this total amount was recently set aside by the ACOE for 2 recently awarded change orders, leaving an available balance towards awarding acceptance sections 13-15 of $3.1 million. Upon the ACOE’s receipt of the previously discussed additional $3 million next week, the available funding will become $6.1 million. Mr. Bibeau noted the maximum cost to dredge AS 13 is $3,916,785 million, leaving a $2,183,215 balance towards dredging Acceptance Sections 14 & 15. Mr. Bibeau noted the maximum total cost to dredge the last AS 14 & 15 is $6,575,240, minus the available $2,183,215, leaves a $4,392,025 delta. Upon receipt of the State’s appropriated $10 million around July 1, 2008, minus the current balance due of $4,392,025, leaves $5,607,975 towards the potential change orders previously mentioned by Mr. Perez. Mr. Perez noted the President’s FY ’09 budget submittal to Congress includes $10.8 million for the Miami River maintenance dredging project, yet as the Dredging subcommittee is aware the Federal FY ’09 commences on October 1, 2008, after the contract’s September 30, 2008 deadline to award all final acceptance sections. Mr. Perez stated Congress has been notified, which is required prior to executing the Advanced Funds Agreement, and if the Agreement is executed, the potential FY ’09 Congressional appropriation may refund the additional local advanced funding provided in order to complete the project under the current contract and flat rate per cubic yard established in 2004. Director Espinosa stated the Congressional Dade Delegation and County Intergovernmental Department continue advocating for $7 million in additional federal funding during the current Fiscal Year ’08. Mr. Bibeau added some left over funds are anticipated after the ACOE accepts the conducted and submitted post dredge surveys for AS 7 & 8.
The DSC discussed the status of the Miami Circle seawall, which collapsed last summer into a section of AS 15. Mr. Perez noted the concrete slabs need to be removed from the dredging template prior to the ACOE dredging contractor’s arrival, or they would have to skip over the area and it would become the State’s responsibility to dredge that area. Mr. Perez added the ST had indicated in addition to removing the collapsed seawall, they want the seawall replaced in order to provide additional protection of the site before dredging commences in that vicinity. Chair Buermann noted the State needs to issue an emergency and hire a shoreline contractor, so that when the $2.2 million recently authorized by the FL Legislature to repair the Miami Circle’s seawall and create a publicly accessible riverwalk becomes available on July 1 work may commence and hopefully finish before the earliest possible arrival of the dredgers in that area, in early October 2008. Mr. Bibeau noted that, to his knowledge the State needs to obtain approval on four submitted permit applications to FDEP, ACOE, DERM and City of Miami. Mr. Bibeau asked for the status of the State’s DERM permit, and Mr. Dorian Valdes, DERM, replied DERM was dependant on the issuance of the FDEP permit first. Mr. Bibeau explained the distributed funding matrix is based on the dredgers estimated best case scenario of dredging 1,900 cubic yards per day, and based on that calculation the dredgers are expected to arrive at the Miami Circle (AS 15) on October 7, 2008 and would finally finish the project in late October of this year. The Dredging subcommittee therefore agreed to continue recommending the ST secure all necessary permits, and execute a contract to replace the Miami Circle seawall by July 1, 2008 when the $2.2 million becomes available, therefore providing three months to complete the seawall replacement before the earliest potential arrival of the dredgers in October 2008.
III. Update River Utility Crossings – Mr. Perez noted the ACOE continues to contact utility companies to examine the status of any remaining utility relocations with the final acceptance sections, and added that-to his knowledge-the project remains on course and clear of all underground utilities previously relocated deeper beneath the federal navigable channel at the request of the ACOE in preparation of the project.
IV. Status of Removal of NW 5th Street Bridge Prior to Dredging within that Acceptance Section – Mr. Perez stated The Florida Department of Transportation (FDOT) had requested a meeting with the ACOE to discuss the remaining removal of the NW 5th Street Bridge pilings which are located at the bottom of the dredging template. Mr. Perez noted if the remaining pilings are removed before the dredgers arrive at the 5 ST Bridge they will include dredging within that area, yet if the pilings remain in the dredging template they will skip over the area and require FDOT to dredge the vicinity while constructing the new NW 5 ST Bridge.
V. New Business – The DSC welcomed Mr. Nelson Arencibia, Brisas del Rio Marina, whom noted he was trying to obtain assistance in renovating the Brisas del Rio marina via maintenance dredging the site’s boat slips, which are currently as shallow as 3 feet deep. Mr. Bibeau distributed a photo of the site located on the River’s south shore west of 22 Ave (1583 NW 24 Ave), and noted Mr. Arencibia was asked to contact the MRC per the suggestion of a Miami City Commissioner. Mr. Arencibia stated the site has an active DERM Marine Operating Permit. Mr. Arencibia stated maintenance dredging within the private water slips is an expensive project, and they were seeking public financial assistance for the project. Mr. Bibeau explained the MRC is a non-profit organization that does not have the means to consider contributing financially to the proposed dredging project, but recommended seeking assistance from the following potential sources: 1) Miami-Dade County Beacon Council, which recently provided over $10 million in economic incentives to retain and expand Bertram Yachts on the River’s Tamiami Canal; 2)Enterprise Zone, which is a State economic incentive package for new and expanding businesses along the Miami River; 3) Historically Underutilized Business (HUB) Zone, which is a federal economic incentive package. Mr. Bibeau noted Mr. Perez had explained this private dredging project can’t piggyback on the existing Miami River Maintenance Dredging project’s permits. The Dredging subcommittee regulatory agencies explained permits for this project would need to be obtained from the ACOE, FDEP, DERM, and possibly the City of Miami. Mr. Espinosa indicated that these permits could be obtained concurrently, but the issue of sediment disposal would need to be addressed. Mr. Arencibia stated he would be interested in hiring the ACOE dredging contractors in order to use their sediment processing plant and disposal methods. Mr. Perez stated if the ACOE contractors schedule isn’t impacted, private properties may potentially hire and pay them for additional dredging outside of the maintenance dredging template. The Dredging subcommittee noted the earliest the Miami River maintenance dredging project may be completed in October 2008, and if no additional contracts and permits have been executed by then, the dredgers and their equipment, including the sediment processing plant, will be packed up and leave Miami. Mr. Bibeau asked Mr. Espinosa for a timeframe to obtain permits, and Mr. Espinosa replied that it could take 5 months. Mr. Arencibia added his company also owns the East Coast Fisheries site on the Miami River, and currently has a lot of investment along the Miami River. Director Espinosa and Mr. Bibeau offered assistance in guiding Mr. Arcencibia through the process to achieve the private property owner’s desire to maintenance dredge their currently permitted wet slips to the same 15 foot depth as the recently dredged adjacent federal navigable channel.
The MRC Dredging subcommittee confirmed their next regularly scheduled 3rd Wednesday of the month publicly noticed meeting for June 18, 2008, 10 am, at the South Florida Water Management District, 2121 SW 3rd Avenue, 6th FL. Chairman Buermann stated he would be out of town, and without objection directed Mr. Bibeau to lead attendees through the agenda.
The meeting adjourned.