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I.-III.  Review U.S.C.G. Permit for NW 5^th Street Bridge Replacement, Determine and Discuss the Permitted Depth of the NW 5^th Street Bridge Removal, Determine and Discuss if the Permitted Plans Depict As-Built Adjacent Shorelines - Mr. Buermann asked Mr. Brett Bibeau, MRC Managing Director, to guide the agency representatives through the various provided documents and plans regarding the NW 5 ST Bridge.  Mr. Bibeau provided copies of a September 15, 2006 letter from the Army Corps of Engineers (ACOE) to the Florida Department of Transportation (FDOT), with an attached subsequent e-mail from ACOE to FDOT clarifying the letter.  Mr. John Palenchar, FDOT, stated the NW 5 ST Bridge demolition project has commenced, and after the bridge structure and pilings are removed, they will amend the FDOT demolition contract in order to grind up any remaining material located within the 15 foot deep, 150 foot wide federal navigable channel, into material small enough for the ACOE contractor’s 6 cubic yard bucket to dredge.  The ACOE has agreed to amend their existing Miami River maintenance dredging contract in order to add this additional material, which wasn’t in the original contract executed per the dimensions of the existing NW 5 ST Bridge, which is partially built into the federal navigable channel.  Mr. Palenchar noted if the ACOE’s contractors are unable to remove the materials located within the federal navigable channel left behind by the FDOT’s contractors, the ACOE would require FDOT to return and remove the remaining materials at FDOT’s cost.  Mr. Buermann asked the agencies to provide the Dredging subcommittee with periodic updates on executing this agreement, as the NW 5 ST Bridge will remain on the monthly agenda.

Mr. Bibeau provided copies of an October 8, 2003 letter from the ACOE to FDOT requiring the new NW 5 ST Bridge have a minimum 110-foot navigable clearance between the fenders, and an additional “40 feet wide additional opening for flow”, so that water is passing through the entire 150-foot wide federal navigable channel.  Mr. Bibeau provided copies of the United States Coast Guard’s Public Notice of the NW 5 ST Bridge Plans, and a revised set of plans provided by Hardesty and Hanover, depicting the aforementioned ACOE’s required horizontal clearances, and reductions in vertical clearance from 13’ to 12’, and in clearance at fender from 6’8” to 5’4”.  Mr. Palenchar and Mr. Barrera, FDOT, confirmed the NW 5 ST Bridge will meet the ACOE’s vertical clearance requirements of 110-feet navigable between the fenders, and an additional 40 foot clearance for water to flow.  

IV. Status of Mr. Orin Black’s DERM Permit Application to Remove Land in the Federal Navigable Channel - Mr. Bibeau welcomed Mr. Orin Black , Marilyn Properties, owner of the immediately adjacent properties to the SW and NW sides of the NW 5 ST Bridge.  Mr. Black noted the bulkheads and infrastructure of his property immediately SE of the NW 5 ST Bridge are in serious need of repair.  Mr. Black stated he had received permits for the work from the Florida Department of Environmental Protection (FDEP) and ACOE, and was awaiting a permit from DERM, which is required before he can hire a contractor to remove the land located in the federal navigable channel, and construct a new seawall along his property.  Mr. Black explained he had received a letter from the Army Corps of Engineer’s, directing him to remove any of his land built into the federal navigable channel, and therefore filed a permit application to do so with DERM.  Mr. Black explained DERM didn’t process his submitted permit application, because it was determined that the City of Miami owned a small portion of the riverfront land built in the federal navigable channel, which Black noted he is willing to remove at his cost if the permits are obtained. 

Ms. Madeline Valdes, City of Miami Asset Management , noted that the City Commission approved the conveyance of City owned parcels requested by FDOT on the NE side of the bridge, including Parcel 103, located on the SE side of the bridge.  Ms. Valdes stated she has met with the City Attorney’s office, and is drafting an agreement to authorize DERM to grant Mr. Black’s permit, and allow Mr. Black to dredge the small city owned parcel at his cost, with a hold harmless clause for the City, in order for him to also be able to construct a new seawall in front of his property prior to the arrival of the dredging project. Ms. Valdes noted the City is determining whether the agreement requires approval by the City Commission, and if so would be considered no later than February 8, 2007 .  Ms. Valdes noted if the agreement is approved by the administration, it would be executed sooner.  Mr. Black noted he would like to have the opportunity to receive the permit in time for him to secure financing for the project, hire a contractor, which would then need time to mobilize and construct the project, hopefully prior to the NW 5 Bridge replacement and arrival of the dredgers.  Mr. Carlos Espinosa , DERM, noted after Marilyn Properties and the City of Miami execute the necessary agreement, DERM would help expedite the permit application, in an effort for Mr. Black to repair his bulkheads ASAP.  Ms. Valdes stated the City of Miami appreciates Mr. Black’s willingness to remove the land in the federal navigable channel at his cost.  Mr. Palenchar stated they indicated to DERM that the pending permit application does not adversely impact the NW 5 ST bridge project.  Mr. Black provided Ms. Valdes with a copy of his pending DERM permit application, which includes the removal of land in the federal navigable channel owned by both the City of Miami and Marilyn Properties.  Mr. Black noted the provide DERM application included a survey of the area’s including the portion owned by the City of Miami , and Ms. Valdes indicated the provided survey was sufficient for the required attachment to the agreement she was drafting.  Mr. Buermann asked the parties to provide periodic updates on executing the agreement, permitting, dredging the land in the federal navigable channel, and replacing the bulkhead just outside of the channel, immediately adjacent to the NW ST Bridge.     

Replies were provided to Mr. Black’s submitted questions regarding the FDOT plans, including but not limited to a revision to the plans that if Mr. Black’s project isn’t completed soon enough, the FDOT would leave their adjacent temporary coffer dam until the NW 5 ST Bridge replacement is completed, or Mr. Black’s project is completed.  The FDOT and Mr. Black agreed to closely coordinate their adjacent construction projects.

The Dredging Subcommittee thanked everyone for their assistance on this matter.

VI. New Business/Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding – Mr. Espinosa stated he had a telephone conference with the ACOE, whom will remobilize their contractor in March 2007, therefore dredging will recommence in AS 7 in May 2007.  Mr. Bibeau reported it appears the Senate’s FY ’07 Energy and Water Bill, including a record high $7 million appropriation for the Miami River maintenance dredging project, will be replaced with a year long continuing resolution (CR) to be approved in February 2007.  The anticipated CR may direct the funding per ACOE program, or per project, which would secure the same $3.5 million appropriated for the river dredging project in FY ’06.  

Mr. Ray Baker, Miami-Dade County Department of Environmental Resources Management (DERM), reported authorization to execute the “Local Advanced Funds” Agreement was unanimously approved by the INLUC Committee on December 12, 2006, and is expected to go before the Board of County Commissioners on January 23, 2007.  Mr. Baker stated DERM’s top critical priority legislative requests in 2007 are the final $13.8 million and $800,000 request to the State and a $26 million request from the Federal government to complete the Miami River maintenance dredging project.  Mr. Bibeau provided a list of 6 federal grant opportunities, which the County is eligible to apply for to obtain a federal cost share for the “bank-to-bank” dredging component located outside of the federal navigable channel, which doesn’t currently have a federal cost share, and if awarded would free up local project sponsor funding appropriated for that purpose.  Mr. Espinosa thanked Mr. Bibeau for the information, and Mr. Baker stated the County would evaluate the grant opportunities and apply for any that appeared to be viable funding opportunities.  Mr. Bibeau stated he asked the Corps to confirm if the grants were awarded the funding may be utilized under their existing contract for “bank to bank” dredging. 

Mr. Bibeau noted the project’s “Remaining Benefit to Remaining Cost” (RBRC) ratio would improve as the project moves forward, since the remaining costs would continue to decrease, while the benefits of the project are primarily contained in completing the final AS-15 at the river’s confluence with Biscayne Bay .  Mr. Bibeau noted an improved RBRC would make it more likely to include the federal cost share balance due in the President’s budget submittal, therefore making it easier for Congress to appropriate the necessary amount.  Mr. Bibeau noted if the available local cost share for the project is allowed to be utilized at a rate faster than the federal cost share, there is currently sufficient appropriated funding to complete AS 7-10, and in the meantime secure one or two additional federal Fiscal Year appropriations, improve the RBRC, and generate additional “left-over” and “supplemental” federal funding as the project moves forward.  Mr. Bibeau suggested the County ask the ACOE to commence generating a RBRC based on acceptance sections 11-15, ASAP, and Mr. Espinosa agreed.

Mr. Bibeau noted per the MRC’s suggestion, during summer 2006 various elected officials and project stakeholders wrote letters to ACOE General Strock and Mr. Rob Portman, Director of the President’s Office of Management and Budget (OMB), in support of including the $26 million federal cost share balance due to complete the project in their FY ’08 budget submittal to Congress, which would increase the probability for Congress to appropriate the amount. 

Mr. Espinosa stated the preferred alternative is for the BCC to approve allowing all previously appropriated funding for the project to be utilized to dredge AS 7-10, while securing the $26 million federal cost share balance due in order to complete the project (AS 11-15).  If the federal cost share isn’t secured, the locals may consider authorizing a “Contributed Funding Agreement” in order to provide any remaining federal cost share balance due, which the local project sponsors would attempt to get refunded in future federal fiscal years, which is not guaranteed.  Under this “plan B” scenario, the County would seek additional cost shares from the local partners, based on the existing local cost share breakdown percentage formula, which would be applied to any remaining federal cost share balance due.

Mr. Espinosa explained timelines, such as attempting to avoid additional temporary demobilizations and the dredging contract’s expiration in April 2009, require the County to take parallel paths.  For example, while seeking $26 million in federal fiscal year 2008, which starts on September 30, 2007 , the County will seek $13 million from the State during the upcoming legislative session, which commences in March 2007, and would like to apply for an additional FIND grant in their summer 2007 grant cycle.  Mr. Bibeau noted the President’s FY ’08 budget submittal will be made public in early March 2007, and historically Congress has been able to add $3.5 million for the project above the president’s budget request.  Therefore, when the President’s budget is released, the local project sponsors will have an important indication of the probability for obtaining the $26 million federal cost share balance due in FY ‘08.

The Dredging subcommittee confirmed the next regularly scheduled third Wednesday of the month meeting for January 17, 2007, 10 am, 1407 NW 7 ST.

The meeting adjourned.

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