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Department of Regulatory and Economic Resources
Coastal Resources Section
701 NW 1st Court, Suite 400
Miami, FL 33136-3912
305-372-6575
Class I Construction Permit
Permit Number: CLI -2016-0388
DERM Project Manager: Lourdes Barrelli
Permittee
City of Miami
c/o Emilio T. Gonzalez, Manager
500 Pan American Way
Miami, Florida 33133
(305) 416-1025
Bond
Performance Bond: N/A
Mitigation Bond: $18,160.00
BBEETF Contribution: N/A
Issue Date: 12/5/2018'f`-
Work Expiration 12/5/20209/(
Date:
Contractor
See Specific Condition No. 1
Engineer
Francisco J. Alonso, P. E. No. 66918
T.Y.LIN International
(305) 567-1888
THE ABOVE NAMED PERMITTEE IS HEREBY AUTHORIZED TO PERFORM THE WORK SHOWN ON THE APPLICATION AND
APPROVED DRAWINGS, PLANS, AND OTHER DOCUMENTS ATTACHED HERETO OR ON FILE WITH THE DEPARTMENT
AND MADE PART HEREOF, SUBJECT TO THE ATTACHED GENERAL AND SPECIFIC CONDITIONS.
Plans Entitled: CITY OF MIAMI
CAPITAL IMPROVEMENTS PROGRAM
MIAMI MARINE STADIUM
3501 RICKENBACKER CAUSEWAY
CITY OF MIAMI, FLORIDA
Date Signed and Sealed: 1/19/2018
Project Location: 3501 — 3515 Rickenbacker Causeway, Miami, Florida 33149
Project Description: Construction of a "Mitigation Area" consisting of mangrove planters with associated riprap
revetments and transitional vegetated buffer areas along the shoreline of the Marine Stadium
Basin. The project footprint will measure approximately 9,200 square feet and consist of two
planter areas with a 14 foot wide access path maintained between them. The project will be
constructed within the boundaries of the following geographical coordinates:
N:513471.9450 E:929122.5265
N:513447.0734 E:929095.4604
N:513268.4036 E:929287.7524
N:513238.1294 E:929257.1839
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI -2016-0388 Page: 1 of 9
The following activities will be conducted:
• Excavation of 2,300 square feet of shoreline sand/sediment within the mangrove
planter areas to an elevation of +1 NGVD.
• Installation of riprap revetments located around the waterward edge and sides of the
mangrove planter areas between 45 and 170 and 184 and 306 linear feet from the
west side of the Marine Stadium building. The riprap revetments will be constructed
at a maximum two horizontal to one vertical (2H:1V) slope and with a maximum
elevation of +3.72 NGVD (2 feet above the Mean High Water Line). Filter fabric
liners and bedding stone shall be utilized to stabilize the areas.
• Planting of 2,300 square feet of red mangroves within the mangrove planter areas at
a maximum spacing of 3 feet on -center.
• Grading of the shoreline 15 feet landward of the mangrove planter areas to a
minimum five horizontal to one vertical (5H:1V) slope and planting with native
vegetation to stabilize the shoreline and prevent erosion.
Attachment A: Consent Agreement
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI -2016-0388 Page: 2 of 9
Specific Conditions
1. The name, address, telephone number, and license number of the contractor who will be performing the
work shall be submitted directly to DERM by the contractor a minimum of 2 business days prior to the
commencement of work. Work authorized by this permit shall not commence until written
acknowledgement of the contractor by DERM has been issued.
2. For the purposes of halophytic wetland protection, specific restrictions have been placed on the
properties through a Restrictive Covenant Running with the Land in Favor of Miami -Dade County. The
covenant shall be executed and recorded in the Miami -Dade County Clerk of Courts Official Records
within 60 business days of issuance of this permit. Said covenant and its provisions are herein
incorporated by reference. in the event that the provisions of said covenant are not complied with by the
undersigned or their heirs, successors, grantees and assigns, an action at law or in equity may be
commenced by the Director of the Miami -Dade County Department of Regulatory and Economic
Resources or its successor on behalf of Miami -Dade County against any person violating, causing,
permitting, allowing or suffering the violations of said covenant.
3. The permittee shall comply with all the terms and conditions set forth within the Consent Agreement
executed April 7, 2016 (Attachment A).
4. Construction and planting of the mitigation areas shall be completed within 45 days of permit issuance.
5. All work is required to be conducted from the uplands; no in -water equipment or vessels are authorized.
6. There shall be no impacts to the shoreline or submerged bottom outside the authorized project footprint. If
unauthorized impacts occur, the contractor and permittee shall be required to mitigate and restore the impacted
area and obtain all of the required Federal, State and local authorizations within 90 days of DERM's
determination that impacts occurred.
In order to prevent erosion of fill into tidal waters the contractor shall ensure that the excavated areas are
adequately graded and stabilized both during and after construction operations. Appropriate controls shall be
employed and maintained in the most effective manner possible to prevent turbidity or erosion beyond the
mechanisms in place. The contractor shall modify any work procedures that result in turbidity or erosion.
8. Construction activities and associated controls may not result in impacts to benthic resources or any
exceedances of State or County water quality standards. If impacts or exceedances occur, the contractor shall
cease working and the incident shall be immediately reported to the Coastal Resources Section. The contractor
and permittee will be required to mitigate and/or restore the impacted area and obtain all of the required Federal,
State, and local authorizations within 90 days of DERM's determination that impacts occurred.
9. All runoff resulting from dewatering of excavated sand/sediment shall be contained on the uplands,
10. Spoil generated from excavation and grading activities shall be disposed of in accordance with all Federal, State,
and local regulations. The re -use of spoil is strictly prohibited without prior written approval from the Pollution
Control Division of DERM.
11. The contractor shall maintain receipts for the disposal of the excavated material. Said receipts shall be provided
to DERM within 15 days of the completion of the disposal of the spoil.
12. The mangrove planting areas shall be constructed at an elevation of +1 NGVD. After the target elevation of +1
NGVD is achieved and prior to planting, the permittee shall submit an elevation survey for review by DERM. The
survey shall depict elevations throughout the 9,200 square foot project footprint on 10 foot centers, and shall be
signed and sealed by a Florida Licensed Professional Land Surveyor. The as -built survey shall be submitted to
DERM after completion of the excavation and prior to the start of planting. Additional earthwork may be required
by DERM to achieve the appropriate elevations.
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI -2016-0388 Page: 3 of 9
13. The riprap used to create the proposed planter shall consist of natural limerock boulders ranging in size from 1 to
3 feet in diameter and shall be installed at a two horizontal to one vertical (2H:1 V) slope. Riprap shall be installed
in a manner which prevents it from shifting or relocating.
14. Red mangroves (Rhizophora mangle) shall be planted on 3 -foot centers.
15. DERM shall be notified of any proposed changes to the species used to stabilize the shoreline landward of the
mangrove planter; the vegetation shall be maintained in good condition to prevent encroachment into the
mangrove planter.
16. High visibility fencing or similar physical barrier shall be installed around the "Mitigation Area" within 7 days of
completion of planting and maintained in good condition. The fence may not be removed without first receiving
written authorization from DERM,
17. A minimum of 2 signs that identify the "Mitigation Area" and prohibit any trespassing or impacts shall be installed.
The signs shall be approved by DERM prior to installation and be maintained in perpetuity.
18. The mangroves within the mitigation planter are designated as "Mangroves on lands that have been set aside as
mitigation" and do not qualify as a Riparian Mangrove Fringe for trimming pursuant to the exemptions provided
for in Sections 403.9321-403.9334 F.S.
19. Mangrove seedlings that recruit into the "Mitigation Area" may not be removed.
20. The "Mitigation Area" shall be maintained free of solid waste, exotic pest plant species and nuisance species,
and detrital vegetative debris in perpetuity.
21. Exotic pest plant species and nuisance species shall be eradicated at each monitoring event to facilitate
recruitment of mangroves and success of the "Mitigation Area". If the removal of any exotic pest plant species
and nuisance species will result in disruption to wetland vegetation or wetland soils, then removal shall be done
by cutting and leaving the stump in place. Cut exotic vegetation shall be treated with an appropriate herbicide
within one hour of cutting. The treated stumps will be left in place to prevent disruption to wetland soils and to
allow for re -treatment with an herbicide if necessary. All cut material will be removed and properly stored or
disposed of in accordance with all Federal, State, and local regulations.
22. All future removal of exotic pest plant species and nuisance species shall require a minimum of 10 days' notice
to the Coastal Resources Section prior to the removal event.
23. Compensatory mitigation for the removal of 1,770 square feet of mangrove and buttonwood canopy shall be
satisfied through the creation of the Mitigation Area planted with red mangroves to create a minimum area of
2,270 square feet of mangrove canopy within 5 years. Monitoring of the Mitigation Area shall be conducted as
specified in the Consent Agreement. If the mitigation is not successful within 5 years, a remedial mitigation plan
will be required to be submitted to DERM and successfully completed by the permittee.
24. A mitigation bond in the amount of $18,160,00 shall be held to ensure the successful completion of the required
mitigation.
25. Please be advised that the federal government has designated all or part of the subject property as critical
habitat for one or more endangered species, You are not authorized to commence any work or activities
pursuant to this permit until you obtain any and all approvals or permits, if necessary, from the federal
government pursuant to the Endangered Species Act and from the State of Florida pursuant to Florida law on
endangered species. Please be advised that, even after work commences, if Miami -Dade County is advised by
the federal government, the State of Florida, or a court that an activity on the subject property is in violation of the
Endangered Species Act, in violation of Florida law on endangered species, or in violation of a permit or approval
granted by the federal government pursuant to the Endangered Species Act, such violation may result in an
immediate stop work order. You are strongly advised to consult with the United States Fish and Wildlife Service
and any other necessary federal or state agencies before conducting any work or activities on the property. The
Vero Beach office of the United States Fish and Wildlife Service may be reached at (772) 562-3909. Please be
aware that the federal government may require certain actions or protections on the property, and this may result
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI -2016-0388 Page: 4 of 9
in the need to modify the plans for the property. Therefore, it is recommended that you consult with the United
States Fish and Wildlife Service at an early stage in the process. In the event that the United States Fish and
Wildlife Service advises that your plans for the subject property may result in a "take" of endangered or
threatened species, you are strongly recommended to inform Miami -Dade County in writing at the earliest stage
possible.
See General Permit conditions.
General Permit Conditions
This permit does not eliminate the necessity to obtain any required federal, state, and local authorizations prior to
the start of any activity approved by this permit. This permit is a regulatory approval and does not convey to the
permittee or create in the permittee any property right or privilege, or any interest in real property, nor does it
authorize any entrance upon or activities on property which is not owned or controlled by the permittee. In the
event that any structure authorized hereunder is determined by a final adjudication issued by a court of
competent jurisdiction to encroach on or interfere with adjacent riparian rights, the permittee agrees to either
obtain written consent for the offending structure from the affected riparian owner or to remove the interference,
2. This permit shall be kept on-site during all phases of construction.
3. All work shall be performed in accordance with the above referenced plans and in accordance with the attached
specific and general permit conditions. If a General Conditions) conflicts with a Specific Condition(s) in this
permit document, the Specific Condition shall be the controlling condition for work authorized by this permit.
4. This permit only authorizes the work described in page 1 under Project Description. Any additional work in, on,
over or upon tidal waters or coastal wetlands at the property shall require additional Class I approval.
5. Any deviation from the approved plans for this project shall be submitted in writing to DERM prior to the
commencement of work, and work may not commence without written acknowledgement of any deviation by
DERM, The contractor and the permittee shall take whatever remedial action is necessary to bring the project
into compliance with the permit and approved plans upon determination by DERM that the structure is not in
compliance with such.
6. DERM shall be notified no later than 48 hours and no earlier than 5 days prior to the commencement of the work
authorized by this permit, unless otherwise noted herein. The permittee and/or contractor may notify DERM by
calling (305) 372-6575 or by submitting the attached Notice of Commencement of Construction via hand delivery,
U.S. Mail, or email at dermcr@niamidade.gcv.
7. Prior to performing any work, the contractor shall verify the location of all underground and overhead utility lines
and verify that no utilities will be damaged by the work. Contact Sunshine State One -Call of Florida at 1-800-
432-4770 or on the web at http://www.callsunshine.com/corp/before/submitting.html for locating underground
utility lines.
8. The permittee and the contractor are hereby advised that under Florida law, no person shall commence any
excavation, filling, construction, or other activity involving the use of sovereign or other lands of the State, title to
which is vested in the Board of Trustees of the Internal Improvement Trust Fund or the Florida Department of
Environmental Protection (FDEP), until such person has received the required authorization for the proposed use
from the Board of Trustees or FDEP. If such work is done without consent, or if a person otherwise damages
state land or products of state land, the Board of Trustees may levy administrative fines of up to $10,000 per
offense pursuant to the Florida Administrative Code.
9, The permittee and contractor shall obtain all required approvals from all local, state and federal agencies prior to
performing the work authorized by this permit.
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI -2016-0388 Page: 5 of 9
10. Trimming or alteration of mangroves or work in wetlands other than what is authorized by this permit is
prohibited. Work not authorized by this permit or that is not explicitly exempt from permit requirements pursuant
to the Mangrove Trimming and Preservation Act (403.9321-9334 F.S.) shall require additional Class I approval.
11. For any work involving mangrove trimming or alteration, if the subject Class I permit is revoked by DERM, or the
state statute providing the exemption is modified or eliminated, the permittee shall be required to obtain a new
permit from DERM prior to mangrove trimming or alteration.
12. All work authorized by this permit shall be performed by the contractor and/or subcontractor holding an
applicable certificate of competency and shall be licensed in Miami -Dade County or the State of Florida to
perform such work. Any work which is subcontracted shall require that the permittee and contractor (i.e. the
contractor who is listed on this permit) notify the project manager at DERM at (305) 372-6575 or by email at
dermcr@miamidade.gov a minimum of 72 hours prior to the subcontractor performing any work. Notification
shall include the name of the subcontractor performing the work, the subcontractor's Miami -Dade County license
number or state general contractor license number, and scope of work. Failure to comply with this condition is a
violation of the Class I permit and may result in enforcement action DERM.
13. The contractor shall not store or place, even on a temporary basis, construction or demolition debris in tidal
waters or wetlands and shall take all necessary precautions to prevent construction or demolition debris from
falling into the water or adjacent wetlands. Any debris that falls into the water and/or adjacent wetlands shall be
removed immediately. Construction and demolition debris shall be disposed of in accordance with all federal,
state and local regulations.
14. Turbidity controls (including but not limited to turbidity curtains) shall be implemented whenever visible plumes
are present to ensure compliance with the water quality standards stipulated in Section 24-42(3) of the Code of
Miami -Dade County. Turbidity controls shall be employed and maintained around the location where work is
actively occurring in the most effective manner possible to prevent turbidity from extending beyond the control
mechanism in place.
15. Turbidity may not exceed 0 Nephelometric Turbidity Units (NTU) within the Aquatic Preserve or 29 NTU outside
of the Aquatic Preserve, above background beyond the turbidity control device or 50 feet from any point of
discharge. Turbidity levels shall be monitored. If the turbidity levels exceed the above standards, all construction
shall stop and additional turbidity controls shall be implemented. Work shall not resume until the contractor has
implemented adequate turbidity control methods and has received authorization from DERM to recommence
work. At DERM's discretion, turbidity samples may be required to be collected in accordance with Section 24-
44.2(3) of the Code of Miami -Dade County.
16. Environmental controls and best management practices shall be implemented to prevent any materials related to
construction from entering the surrounding water, Any material removed as well as material applied to
accomplish repairs must be contained so as to prevent fugitive particulates and/or discharge to surface waters.
Any materials which fall into the water shall be removed immediately. The contractor shall ensure that no
material is placed in the water either temporarily or permanently.
17. If any work or activity associated with this project is to take place in navigable waters, the contractor shall instruct
all personnel associated with the project of the potential presence of manatees and the need to avoid collision
with manatees. All vessels associated with the project must operate at "Idle Speed/No Wake" at all times while
in water where the draft of the vessel provides less than a 4 foot clearance from the bottom. Additionally, all
vessels will follow routes of deep water whenever possible. All in -water construction activities shall cease upon
the sighting of a manatee(s) within 50 feet of the project area and will not resume until the manatee(s) has
departed the project area. Any collision with and/or injury to a manatee shall be reported immediately to the
"Manatee Hotline" (1-888-404-FWCC), the U.S. Fish and Wildlife Service, Jacksonville Field Office (904) 791-
2580, and DERM (305) 372-6864.
18. The contractor shall ensure that all vessels associated with the construction shall operate within waters of
sufficient depth so as to preclude bottom scouring or prop dredging and shall maintain a minimum of 1 foot of
water between the vessel bottom and submerged aquatic resources.
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI -2016-0388 Page; 6 of 9
19. The contractor shall ensure that there are no impacts to seagrass, hard corals, or soft corals as a result of
construction operations, such as, but not limited to, propeller scouring; and vessel or barge anchoring, grounding
or spudding. The marine contractor and permittee shall be held jointly liable for any of these unauthorized
impacts. For any impacts caused by the construction operation, DERM shall require, at a minimum, restoration
and mitigation.
20. For the purposes of this permit, "vessel' is herein defined as any craft designed to float or navigate on water,
including but not limited to: sailboats, powerboats, rowboats, boats, ships, skiffs, houseboats, personal
watercraft and inflatable boats.
21. Pursuant to Section 24-48.10 of the Code of Miami -Dade County the work or structures authorized under this
permit shall be privately maintained by the permittee, his successors and assigns. Whenever, in the opinion of
the Director of the DERM, said work or structures are not maintained in such a manner so as to prevent
deterioration to the extent that they become a hazard to the public or to navigation, or create an obstruction of
flow, or prevent access for drainage maintenance purposes, or may damage adjacent property, then the owner is
required to perform any necessary remedial work.
22. Unless otherwise authorized in this permit and pursuant to Sections 24-48.23 and 24-48.24 of the Code of
Miami -Dade County, the installation or construction of non -water -dependent floating or fixed structures (e.g.
covered structures, canopies, helicopter pads, commercial signs, etc.) is prohibited in, on, over or upon any of
the tidal waters of Miami -Dade County and constitutes a violation of this permit. Failure to comply with this
condition may subject the permittee to enforcement action without further warning.
23. A DERM Class II permit is required for the construction, installation, and/or alteration of any outfall or overflow
system in, on, under or upon any water body of Miami -Dade County. In addition, a DERM Class V permit is
required for any dewatering of groundwater, surface waters or water, which has entered into an excavation. The
contractor shall contact the Water Control Section of DERM at (305) 372-6681 in order to obtain a Class II or
Class V permit prior to the construction of any outfall or overflow system and prior to any dewatering activity.
24. The time allotted to complete the work for which this permit has been issued shall be limited to the period
stipulated on the permit unless an extension of time is granted pursuant to Section 24-48.9(2) of the Code of
Miami -Dade County. Applications for extensions of time shall be submitted to DERM at least 30 days prior to the
date of permit expiration; incomplete or untimely applications for extensions of time will be returned to the
permittee.
25. An application for Transfer of a Class I permit may be filed with DERM at any time prior to the transfer of property
ownership up to 120 days after the date of transfer of fee simple ownership of the property that is the subject of
the permit. The Application for Transfer must be signed by both the transferee and transferor. Applications for
Transfer shall be filed in the form prescribed by DERM and shall not be processed if the filed Application for
Transfer is not fully complete in all respects pursuant to Section 24-48.18, of the Code of Miami -Dade County
within 120 days of the date of transfer of property ownership.
26. If the project involves construction, replacement, or repair of a seawall, the new seawall cap shall be a minimum
of 6 inches above the final grade of the uplands immediately adjacent, and in order to prevent positive drainage
of stormwater into the waterway, all uplands immediately adjacent to the new seawall shall be graded away from
the waterway,
27. To further reduce the possibility of injuring or killing a manatee during construction, work within portions of the
Biscayne Canal, Little River, and the Coral Gables Waterway shall be performed only between May 1 and
November 15.
28. A minimum of 1 foot of clearance shall be maintained at all times between the submerged bottom, and any
existing benthic resources, and any vessels moored at the property.
29. Adequate clearance shall be maintained at all times between the submerged bottom, and any existing benthic
resources, and any vessels moored at the property, such that there are no impacts to State or County water
quality standards, even on a temporary basis, or to benthic resources or the submerged bottom, including but not
limited to bottom scouring or prop dredging.
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI -2016-0388 Page: 7 of 9
30. If railing is required to be installed pursuant to this permit, it shall be installed within 30 days of completion of the
permitted work, and prior to the use of the structure(s) authorized by this permit, including the mooring of
vessels.
31. A performance and/or mitigation bond may be held to ensure compliance with the aforementioned conditions and
the completion of any required mitigation. Failure to comply with any of these conditions may result in the
revocation by Miami -Dade County of all or a portion of the bond without further notice.
32. Pursuant to Section 24-28.3.(9), the use or installation of unencapsulated polystyrene as defined in Section 24-5
shall be prohibited in connection with any work requiring a Class I permit. Pursuant to Section 24-48.221, for all
facilities which are subject to a County marine facilities operating permit pursuant to this chapter, such permit
shall require the removal, replacement or repair of any unencapsulated polystyrene where such polystyrene
shows evidence of degradation, disintegration, shredding, or other damage, as determined in the discretion of
the Director.
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI -2016-0388 Page: 8 of 9
A
DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES
COASTAL RESOURCES SECTION
701 NW 1St Court, Ste 600, Miami, FL 33136
Phone 305-372-6575 Fax 305-372-6479
NOTICE OF COMMENCEMENT OF CONSTRUCTION
PERMIT NO.:
PERMITTEE'S NAME:
PROJECT LOCATION:
PERMIT ISSUANCE DATE:
CONTRACTOR NAME:
PROPOSED DATE OF COMMENCEMENT:
ANTICIPATED DATE OF COMPLETION:
COMMENTS:
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI -2016-0388 Page: 9 of 9
CONSENT AGREEMENT
BETWEEN
MIAMI-DADE COUNTY DEPARTMENT OF
REGULATORY AND ECONOMIC RESOURCES
DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT
AND
CITY OF MIAMI
This Agreement, entered into by and between MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY
AND ECONONMIC RESOURCES, DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT (hereinafter
referred to as "DERM"), and THE CITY OF MIAMI (hereinafter referred to as the "RESPONDENT") pursuant to
Section 24-7(15)(c), Code of Miami -Dade County, shall serve to redress violations of Chapter 24, Code of Miami -
Dade County at or adjacent to the Miami Marine Stadium located at, near or in the vicinity of 3501-3515
Rickenbacker Causeway, City of Miami, Miami -Dade County, Florida lying in Sections 17 & 18, Township 54 South,
Range 42 East, (folio nos, 01-4217-000-0110 and 01-4217.000.0010),
DERM finds the following;
FINDINGS OF FACT
1. DERM is an agency of Miami -Dade County, a political subdivision of the State of Florida, which is empowered to
control and prohibit pollution and protect the environment within Miami -Dade County pursuant to Article VIII,
Section 6 of the Florida Constitution, the Miami -Dade County Home Rule Charter and Section 403.182 of the
Florida Statutes,
2. The Respondent is the owner of the property located at, near, or In the vicinity of 3501.3515 Rickenbacker
Causeway, Miami, Florida and further described by folio nos, 01-4217-000.0110 and 01-4217-000-0010
(hereinafter referred to as "the Property"), The shoreline of the Property borders the Biscayne Bay Aquatic
Preserve.
3, On April 10, 2014, DERM received Class I Permit Application No. CLI -2014-0124 from the National Marine
Manufacturers Association ("NMMA") to utilize the Property to host the annual Miami International Boat Show,
As part of the processing of this application, DERM conducted a biological assessment of the shoreline and
submerged lands bordering the Property. The biological assessment revealed the presence of halophytic
vegetation growing along the shoreline in the area depicted on the aerial photograph attached hereto as Exhibit
A entitled "Mitigation Area", Vegetation in this area included, but was not limited to, black mangrove trees
City of Miami Marine Stadium
Consent Agreement 03-03.16 Page 1
"hat ip.nt Apt
(Avicenna germinans), red mangrove trees (Rhlzophora mangle), green buttonwood trees (Conocarpus
eiecfus), seagrapes and sabal palms but also included exotic plant species that are prohibited pursuant to
Section 24-49.9, Miami -Dade County Code such as Brazilian pepper and Australian pine. The removal of
mangrove trees and other wetland vegetation is regulated pursuant to Section 24-48(1), Chapter 24, Miami -
Dade County Code,
4. As part of the preparation of the Property for the NMMA Miami International Boat Show, the Respondent has been
Involved in various development activities on the uplands and along the Property's shoreline. On May 21, 2015, a
DERM official observed that recent land clearing activities had been completed at the Property and that almost all
vegetation had been cleared in the area Immediately northwest of the marine stadium structure. The land clearing
activities resulted In the removal and alteration of approximately one thousand seven hundred seventy (1,770)
square feet of mangrove and buttonwood canopy. This work was conducted without the required Miami -Dade
County Class I permit and would not have qualified for any permit exemptions pursuant to the Mangrove Trimming
and Preservation Act, ss. 403-9321-403.9334, Florida Statutes.
5. On May 21, 2015, DERM issued the Respondent a Field Notice of Violation and Orders to Cease and Desist for
the removal of mangroves from the shoreline of the Property. On July 1, 2015, DERM issued a Notice of
Violation (NOV) to the Respondent for the unauthorized work referenced in paragraph no. 4 above. DERM's July
1, 2015 NOV offered the Respondent a Consent Agreement to redress the Chapter 24 violations and to provide
remedial actions necessary to wholly restore and mitigate for the Impacts caused by the unpermitted work.
6. The Respondent hereby consents to the terms of this Agreement without either admitting or denying the
allegations made by DERM in the Notices Issued in conjunction with this cause.
7. In an effort to expeditiously resolve this matter and to insure compliance with Chapter 24, Code of Miami -Dade
County, and to avoid time consuming and costly litigation, the parties hereto agree to the following, and it is
ORDERED:
CORRECTIVE ACTIONS
8. The Respondent shall comply with the provisions contained in s. 403.9332, F.S. and shall mitigate the impacted
mangroves through onsite restoration. Restoration must be accomplished by replanting red mangrove
(Rhlzophora mangle) trees or seedlings of sufficient size and quantity in the same approximate location as those
removed to achieve within 5 years 1,770 square foot of mangrove canopy. To that end, within thirty (30) days
from the effective date of this Agreement, the Respondent or the Respondent's consultant shall submit a
Mangrove Restoration Plan ("Plan") to DERM for review and approval. The Plan shall Include detailed
information on the proposed design (including elevations on a survey of the area to be planted), the planting
City of Miami Marine Stadium
Consent Agreement 03.03-16 Page 2
methodology, the number and size of mangrove seedlings and/or mangrove trees to be planted, and long-term
monitoring and maintenance provisions. Mangrove seedlings used for planting shall be a minimum of one year
old and twelve (12) to eighteen (18) Inches In overall height and have a minimum of 4-8 leaves at the time of
planting. The mangrove seedlings shall be planted no further apart than on three-foot centers over a minimum
area of one thousand seven hundred seventy (1,770) square feet (or 2,270 square feet if additional planting Is
conducted In You of a civil penalty as stipulated in paragraph no. 23 herein). The Plan shall include a
mechanism to ensure protection of the plantings from erosional effects and from the accumulation of marine
debris that may adversely affect the mangrove plantings. The Plan shall also provide for monthly maintenance
events to remove trash and other debris from the mangrove mitigation area during the first year of monitoring or
until the mangrove plantings are well established, whichever period is longer. DERM shall review said Plan and
shall approve, approve with modifications, or disapprove said Plan. If the Plan is disapproved, the Respondent
shall, within fourteen (14) days of receipt of the disapproval, meet with DERM to discuss those items which
resulted in the disapproval and shall modify the plan to satisfactorily address DERM's concerns.
9, Planting of the on-site Mangrove Mitigation Area shall be completed within forty-five (45) days of DERM's written
approval of the plan or DERM's approval with modifications, The Respondent shall submit a time -zero
monitoring report to DERM within thirty (30) days of completing the mangrove plantings,
10. The Mangrove Mitigation Area shall be monitored for success over a 5 -year period, Monitoring reports shall be
prepared by a qualified biologist experienced In mangrove restoration projects. Thereafter, the Respondent or
the Respondent's consultant shall submit monitoring reports semiannually for the first three years and annually
for the last two years of the 5 -year monitoring period. The 5 -year monitoring period shall commence from the
date of the time zero monitoring report. The first semiannual monitoring report shall be submitted to DERM within
six (6) months from the date of the time zero monitoring report. Monitoring reports shall be submitted to the
Department of Regulatory and Economic Resources, Division of Environmental Resources Management,
Coastal and Wetlands Resources Section, c/o John Ricisak, 701 NW 1 Court, Ste, 600, Miami, Florida, 33136-
3912 and shall include the following Information ,
1. Project Name (City of Miami Marine Stadium Mangrove Violation), DERM File Number (CEI 5-047), and
property address (3501-3515 Rickenbacker Causeway)
IL Date(s) of monitoring event
!it, Percent survivorship of the planted mangroves; percent cover by native wetland plant species; percent
cover by invasive, nuisance plant species
City of Miami Marine Stadium
Consent Agreement 03-03-16 Page 3
el #{.
Hu.: �.w% lent Aro
iv, Maintenance activities conducted (Le, removal of exotics, replanting if necessary in the case of
mangrove seedling mortality, removal of marine debris, etc.)
V. Narrative on the status of recruitment of mangroves and regeneration of the impacted mangrove
canopy
A, Estimated canopy restored to date
vll. Photographic documentation from at least three fixed reference points
11, The planted mangroves must meet 80% survivorship at all times following completion of the planting, If the
survival requirement Is not met at any time during the monitoring period, additional mangroves must be planted
and maintained until at least 80 percent survival Is achieved 1 year after the last mangrove planting,
12. Success of the mangrove restoration shall be achieved when there is 100% cover by mangrove canopy over a
minimum area of 1,770 square feet. DERM shall determine the square footage of mangrove canopy replaced
within the affected area at the end of the 5 -year monitoring period.
13, The Respondent hereby acknowledges and agrees that restoration required pursuant to this Agreement and in
accordance with Section 403,9332, Florida Statutes shall be accomplished through onsite restoration, The
Respondent acknowledges that making a contribution to the Biscayne Bay Environmental Enhancement Trust
Fund at the statutory rate contained In Section 403,9332, Florida Statutes in lieu of onsite restoration shall not be
an acceptable means of complying with the onsite mitigation requirements contained therein.
14. In the event that the mangrove plantings do not achieve the minimum 80% survivorship criterion within 18
months of the date of the time zero monitoring report referenced in paragraph no. 9 herein, the Respondent shall
submit to DERM a complete Class I permit application for the construction of a mangrove mitigation planter at
the same location to meet the requirements set forth in paragraph no, 12, The Respondent acknowledges that
delays in replacement of the required amount of mangrove canopy may require that the Respondent construct
additional area(s) to compensate for time lag, The Respondent shall apply for the required Class I permit within
sixty (60) days of DERM's notification to the Respondent that pursuant to the terns of this Agreement, a
mangrove planter shall be required, and shall complete the construction and planting of the mangrove planter
within sixty (60) days of Issuance of the Class I permit. The Respondent shall make a good faith effort to timely
file the Class I permit application and obtain approval from the Board of County Commissioners (BCC) within
nine (9) months of submittal of the Class I permit application to DERM, The Respondent shall obtain the
required Class I permit within sixty (60) days of BCC approval, The conditions contained herein regarding
success criteria, monitoring and maintenance shall remain in effect and shall commence upon completion of the
construction and planting of the mangrove planter (if required),
City of Miami Marine Stadium
Consent Agreement 03-03-16
" 19
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Page 4
15. The Respondent shall obtain a Class I permit for any future trimming, removal or alteration of mangrove tree(s)
on City -owned property unless specifically exempt pursuant to the Mangrove Trimming and Preservation Act, ss,
403.9321— 403.9334, Florida Statutes,
16. Within sixty (60) days from the effective date of this Agreement, the Respondent shall remove all prohibited plant
species from the Property and all controlled species within 500 feet of the shoreline of the Property in
accordance with the Section 2449.9, Miami -Dade County Code,
DESIGNATION OF MANGROVE PLANTINGS AS A MITIGATION AREA
17, The Respondent acknowledges that the mangrove trees proposed for planting meet the definition of "mangroves
on lands that have been set aside as mitigation" for the "resolution of an enforcement action" and as such do not
qualify as a "Riparian Mangrove Fringe" for trimming pursuant to permit exemptions contained in the Mangrove
Trimming and Preservation Act, ss. 403.9321.403.9334, Florida Statutes, Any future trimming or alteration of on-
site mangrove frees shall require that a Class I Permit be obtained prior to conducting the trimming or allegation
work,
18. Within thirty (30) days of completion of the mangrove planting, the Respondent shall submit a restrictive
covenant running with the land in favor of Miami -Dade County, for the preservation of the mitigation area(s) and
ensuring the long term management of the mitigation mangrove trees In a natural condition free of exotic and
nuisance plants and free of solid waste. The covenant shall also provide notice to any heirs, successors,
assigns, and grantees of the subject property of the requirement to obtain a Class I permit from DERM prior to
performing any trimming, cutting or altering of mangrove trees within the on-site mitigation area(s). Within sixty
(60) days of DERM's approval of the covenant, the Respondent shall record the covenant with the Miami -Dade
Clerk of Courts and provide a certified copy of the recorded covenant to DERM. The recorded covenant shall be
submitted to Department of Environmental Resources Management, c/o JoAnne Clingerman, 701 NW 1 Court,
Ste. 600, Miami, Florida, 33136-3912.
19. Upon completion of the mangrove plantings, the Respondent shall post signs in the vicinity of the Mangrove
Mitigation Area advising the public that this is a Natural Preservation Area and that trespassing is prohibited,
SAFETY PRECAUTIONS
20. The Respondent shall maintain the mangrove mitigation area during the pendency of this Agreement In a
manner which shall not pose a hazard or threat to the public at large or the environment and shall not cause a
City of Miami Marine Stadium
Consent Agreement 03.03-16 Page 5
,&a�-,.,... rent '
nuisance or sanitary nuisance or hazard to navigation as set forth in Chapter 24, Code of Miami -Dade County,
Florida,
SETTLEMENT COSTS
21. The Respondent hereby certifies that they have the financial ability to comply with the terms and conditions set
forth herein and to comply with payments specified In this Agreement,
22. DERM has determined that, due to the extent of the violations on-site which include but are not limited to those
listed in paragraph no. 4 of this Agreement, a penalty in the amount of four thousand dollars ($4,000.00) is
appropriate, In lieu of a monetary penalty, the Respondent may plant mangroves in the area to accommodate
an additional 600 square feet of replacement mangrove canopy, If the Respondent elects to conduct the
additional mangrove planting in lieu of payment of a monetary penalty, then the total mitigation area referenced
in paragraph nos, 6, 9, 10, 11, 12,13, 14, 15, 16, 17, 18 and 19 herein shall apply to a total of 2,270 square feet
I replacement canopy.
23. If the Respondent elects to satisfy the penalty provisions in paragraph no, 23 herein through a monetary
payment, then the Respondent shall pay DERM the sum of four thousand dollars ($4,000.00) as and for civil
penalties within thirty (30) days from the effective date of this Agreement, Payment shall be made to MIAMI-
DADE COUNTY DERM and shall be delivered to the Department of Regulatory and Economic Resources,
DERM, Overtown Transit Village North, Cashier's Office, 701 N.W. 11t Court, 3'd Floor, Miami, Florida 33136,
The Respondent shall include the case information (JoAnne Clingerman, CE15-047) on the check to insure
proper crediting, Said penalty payment -shall satisfy the penalty pursuant to paragraph no. 22 of this Agreement,
24, The Respondent shall, within thirty (30) days from the effective date of this Agreement, submit to DERM a
certified check in the amount of $1,158.113 which shall serve to reimburse DERM for Its administrative costs
incurred in bringing this site into compliance and the administration and follow-up required pursuant to this
Agreement. Payment shall be made to MIAMI-DADE COUNTY DERM and shall be delivered to the Department
of Regulatory and Economic Resources, DERM, Overtown Transit Village North, Cashier's Office, 701 N.W. 161
Court, 3rd Floor, Miami, Florida 33136, The Respondent shall include the case information (JoAnne Clingerman,
CE16-047) on the check to insure proper crediting,
City of Miami Marine Stadium
Consent Agreement 03-03.16 Page 6
-0 9 i' nt A"
VIOLATION OF REQUIREMENTS
25, This Agreement constitutes a lawful order of the Director of the Department of Regulatory and Economic
Resources and Is enforceable in a civil court of competent jurisdiction, Violation of any requirement of this
Agreement may result in enforcement action by DERM, Each violation of any of the terms and conditions of this
Agreement by the Respondent shall constitute a separate offense,
26. In the event the Respondent fails to comply with those Items listed In paragraph nos. 8, 9, 10, 11, 12,13, 14, 16,
17, 18, 19, 20, 23, and 24 herein, the Respondent shall pay DERM a civil penalty of $100.00 per day for each
day of non-compliance and the Respondent shall be subject to enforcement action in a civil court of competent
jurisdiction for such failure pursuant to the provisions set forth in Chapter 24, Code of Miami -Dade County, Said
payment shall be made by the Respondent to DERM within ten (10) days of receipt of written notification,
However, the City may request an extension of time to comply with paragraph nos. 9 and 14, which extension
shall be granted by DERM for good cause,
GENERAL PROVISIONS
27, DERM expressly reserves the right to Initiate appropriate legal action to prevent or prohibit future violations of
applicable statutes or the rules promulgated thereunder.
28, Entry of this Consent Agreement does not relieve the Respondent of the responsibility to comply with applicable
federal, state or local laws, regulations and ordinances,
29. This Agreement shall neither be evidence of a prior violation of this Chapter nor shall it be deemed to Impose
any limitation upon any Investigation or action by DERM in the enforcement of Chapter 24, Code of Miami -Dade
County,
30, In consideration of the complete and timely performance by the Respondent of the obligations contained In this
Agreement, DERM waives its rights to seek judicial imposition of damages or civil penalties for the matters
alleged in this Agreement,
31, This Agreement shall become effective upon the date of execution by the Director, Department of Regulatory
and Economic Resources, or his designee,
City of Miami Marine Stadium
Consent Agreement 03-03-16
.�,t,1 "a
Page 7
Date Daniel Alfonso, y n r
City of Miami
Before me, the undersigned authority, personally appeared an 'el 3 A 0__4 vho after being duly
sworn, deposes and says that they have read and agreed to the foregoing.
Subscribe and sworn to before me this I day of N4( 6 , 2016 by
t!/S v (name of affiant).
Personally known ✓ or Produced identification
(Check one)
Type of Identification Produced;
`C.
Not A Public
"s OFEUA E. PEREZ `
MYCOMMISSIONYPp9op503
EXPIRES; August 2, 2o19
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Thro Wisly Publo Un"Wit f!
DO NOT WRITE BELOW THIS LINE — GOVERNMENT USE ONLY
Q1 I lo
Date
, /,, k' , = = -
e N. Hefty, Director V
' y nvironmental Resources Management
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City of Miami Marine Stadium
Consent Agreement 03-03-16 Page 8
-31311�
Date
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Date
I
(otorla Wdez, City Attorne
City of Miami RIA \A S) x,01 I-�-
Iduez, Dire of Capital
and Tram or ation Program
City of Miami Marine Stadium Page 9
Consent Agreement ON3-16
SHOREIMEARElk SUBJECT TO
TERMSOF THE CONSENTAGREMMT
BEMEEN COSY OF MMNH & DERTI
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SCALE: 1 inch =20.7 feet