HomeMy WebLinkAboutDocumentation_Regular_Tab 25_07/11/2013 McWilliams, Lori
From: Telfrin, Debra
Sent: Monday, July 08, 2013 9:37 AM
To: McWilliams, Lori
Cc: Telfrin, Debra; Couzzo, Michael
Subject: FW: Important League sample Resolution and Ordinance
Attachments: Beach MgmtAgreement resolution (2).docx; Palm Beach Island BMA support letter.pdf;
Ordinance2013-001-1 PBC Drop-Off Donation Boxes.pdf; ORC12145 CHPT_9
_UNATTENDED_DROP-OFF_BOXES City of Sunrise.�lf
FYI
From: Richard Radcliffe C. [mailto:RRadcliffeCa�pbcgov.or41
Sen#: Tuesday, ]uly 02, 2013 3:01 PM
To: Jeriise Hansen
Cc: Richard Radcliffe C.
Subje� Impoitant League sample Resolut�n and Orclinance
Dear Managers,
The Board of Directors of the League of Cities at their June 26"' meeting requested we send a sample resolution
(attached) of the Beach Management Agreement for your consideration. It is a pilot program that will be entered into by
some of our cities to streamline some of the multijurisdictional morasses we get stuck in with coastal management and
restoration. There is also attached a letter of support that can be used as a template. The Board did not have the
resolution and will address it at the luly 24th meeting.
For more information on the Pilot Program you can link to: http://www.dep.state.fl.us/beaches/pb-bma .
To read a copy of the draft agreement you can link to: htt :/www.dep.state.fl.us/beaches/pb-bma/docslbma-final-
draft.pdf .
Also earlier this year Palm Beach County passed an ordinance prohibiting clothing drop off bins in the unincorporated
area. The municipal areas are now the target for the very lucrative unattended bins. Attached is the county ordinance
which allows only recycling boxes and prohibits all others. It is hard to follow (see Exhibit M) so we have attached a
sample ordinance from the City of Sunrise which is succinct and gets the job done.
If you have any questions or comments please don't hesitate to contact me.
Have a great Fourth.
Richard
Richard C. Radcliffe
Executive Director
rradcl iffe(c�pbcctov. org
The Palm Beach County League of Cities, Inc.
P.O. Box 1989, Governmental Center
West Palm Beach, Florida 33402
Tel. 561-355-A484; Fax 355-6545
www. leag ueofcities. orq
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.
�
RESOLUTION 23-13
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, SUPPORTING THE PALM BEA�H ISLAND
BEACH MANAGEMENT AGREEMENT PILOT PROJECT; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, Pa1m Beach County has 47 miles of beaches enjoyed by residents and
tourists.
WHEREAS, Palm Beach County's tourism industry annually contributes $5 billion to
the local economy, employs 45,000 individuals and contributes $249 million in annual tax
revenue.
WHEREAS, the Florida Legislature directs and provides funding to the Florida
Department of Environmental Protection (DEP) to i.mplement a comprehensive, statewide beach
management plan for beach erosion control, beach restoration and beach nourishment, and inlet
management activities.
WHEREAS, in 2012, FDEP initiated a pilot project, Bea,ch Management Agreement
(BMA) designed to take a regional appmach to permitting beach nourishment and inlet
management.
WHEREAS, the primary goal of the BMA is to define mutually agreeable methods
among DEP, local municipalities, and stakeholders for coastal erosion control, natural
community protection, and monitoring protocols in pursuit of regional management of Palm
Beach County's coast.
WHEREAS, the BMA process will coordina#e the regulatory responsibilities of DEP
with other state and federal agencies into a streanilined and efficient permitting program and
improve techniques for managing sand resources and beach erosion within the Palm Beach
Island coastal cell.
WHEREAS, this pilot project (cell) includes 15 miles of shoreli.ne and stretches across
several public and private boundary lines from the Lake Worth Inlet to the South Lake
Worth/Boynton Inlet in Palm Beach County.
WHEREAS, currently, beach erosion control and inlet mana.gement activities are
regulated, project by project through DEP Joint Coastal Permitting Program.
WHEREAS, collaborative efforts among stakeholders will include identifying beach
nourishment and inlet management needs, cost-sharing opportunities and permitting
requirements for this beach region rather than for a single beach project.
WHEREAS, by taking a regional approach to restoration, DEP will improve the
effectiveness of its program and the health of our beaches by focusing on areas where restoration
will ha.ve the greatest environmental benefit and the best change for long-term success.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Village of Tequesta does hereby support the Beach Management
Agreement pilot project as a tool to help protect Palrn Beach County's 47 miles of beaches,
protect residents and businesses and to preserve the positive economic impact enjoyed by the
County.
Palm Beach Island Beach Management Agreement
Florida Department of Environmental Protection
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Table of Contents
Part I— BMA Main Agreement
A) Threshold and Procedural Matters ........................................................................................... 2
B) Agreement Overview ............................................................................................................... 3
C) Description of Agreement Area ..............................................................................:................ 5
D) BMA Projects and Authorized Activities ................................................................................ 8
E) BMA Participant & Regulatory Agency Commitments ........................................................ 23
F) Net Ecosystem Benefits ......................................................................................................... 26
G) Avoidance, Minimization and Mitigation ............................................................................. 31
H) Individual Project Approval Process for In-Water Activities ............................................... 31
n Individual Project Approval Process for Dune Constructit� ................................................ 34
J) Preservarion of Third Party Rights ........................................................................................ 35
K) Term of Agreement ..............................................................._............................................... 35
L) Effective Date ........................................................................................................................ 36
M) Notices ................................................................................................................................... 36
N) Amendments and Updates ............................_......................................................................... 37
O) Emergency Situations ............................................................................................................. 40
P) Termination/Exit ..................................................................................................................... 40
Q) Venue and Severability ........................................................................................................... 41
R) Signatures ...................................._......,....................................................................................43
Part II — Appendices
A) Project Drawings
1. Sand Transfer P�#
2. Mid-Town N�ishment
3. Phipps Ocean � Nouris�ent
4. Dune Conditions
B) Cell-Wi� I��nitoring �. l�� Plans
1. �� A��nitoring, �itigation �i Repc�rting
2. C�1-Wide Sea Turtle Hat�t Monitoriag P�an (FWC)
3. Physical Monitori� �d Re�ing Plan
4. Har�ttom Data and Aualysis
5. Annua� I�nitoring Surv�s and I3ue Dates for BMA Participants
C) General Conditions
1. Dune Restor�n
2. Nourishments, 5� T�fer, Groins, In Water Work
D) Project Specific Monit�g and Protection Conditions
E) Permit History Table
F) Individual Project Agreement Checklists
1. Dunes
2. In-Water
3. BMA Fee
G) Outfall Data
1
A) Threshold and Procedural Matters
1. The Town of Palm Beach, Palm Beach County, and other Potential Signatories
(Participants or BMA Participants) and the State of Florida Department of Environmental
Protection (DEP or Department) and the Florida Fish and Wildlife Conservation Commission
(FWC) have agreed to enter into this Palm Beach Island Beach Management Agreement
(Agreement or BMA) to coordinate beach management activities within the Agreement Area
defined in Article C.
2. This Agreement, including atta.chments and Appendi�s (collectively Agreement or
BMA), is entered into pursuant to the authority in �s 151.101, 403.061, and 403.0752,
Florida Statutes (F.S.). This Agreement is binding on all BMA P�rticipants. Department
approvals issued pursuant to the Agreement will be subject to pub� notice, administrative
hearing and decision-making procedures, and include points of entry f� third parties at the
time of Agreement and at Individual Project App�val (�PA), as set forth in t� applicable
provisions of state law and this A�nt.
3. The BMA process established he�ein ctxirdinates the re�latory responsibilities of the
Department with other st� and feder� agencies, � with the �erests of the BMA
Participants and t� public ir� � streamlinad prggram to �t�ct the environment and to
provide net ecosyst� benefits pursuant to �t�section 403.0752(2)(a), F.S.
4. This Agreement is in�d�i �ci c�dinate a�d facilitate flexible permitting for beach
ma��nent and tv �chieve t�t, ecosystem �frts and related public objectives for the area.
The BMA Participants �i the De�rtment acknowledge that the Agreement and the
procedures and conditions fc� IPA set fflrth herein meet the substantive regulatory and
proprietary cri�eria of Chapt� 161, Chapter 253, Part IV Chapter 373, and Chapter 403, F.S.,
and the BMA Part�ipants l�av� provided reasonable assurance that the objectives and
requirements of subse�c�as 403.0752(1), (2), (3), and (4), F.S., are met.
5. The Agreement's approach to authorizing projects and activities is centered on regional
management of the coastal system rather than the conventional project-by-project permitting
process. For this reason, the BMA will improve comprehensive coastal management and
result in a net ecosystem benefits to the coastal system through cell-wide monitoring of
resources, improved inlet bypassing, and efficient use of beach quality sand. In addition, the
2
Agreement is expected to genera.te a more cost-effective and efficient permitting process that
will reduce the BMA Participants' costs, time delays, and permitting uncertainty.
6. Subsection 403.0752(2), F.S., provides that the Department and regulated entities may
enter into management agreements when the Department determines that:
a. Implementation of such an Agreement meets all the applicable standards and criteria,
so that there is a net ecosystem benefit to the subject ecosystem more favorable than
operation under applicable rules;
b. Entry into such an Agreement will not interfere with the Department's obligations
under any federally delegated or approved program;
c. Implementation of the agreement will result in a reduct�ctn in overall risks to human
health and the environment as compared to activities conducted in the absence of the
Agreement; and
d. The regulated entity has certified to the I3e�rt�nt that it has in pla� intemal
environmental management syste�ns or altemative internal controls sufficient to
implement this Agreement.
The Department has �nined that the requiremeats of subs�on 403.0752(2), F.S., will
be satisfied through i��ementati� of this Agree�nt.
B) Agree�t (�verview
The p�imary goal of tl� BMA is to define �ally agreeable methods among the
Departme�#, local municipalities, and �takeholders for coastal erosion control, natural
community pn�tection, and mo�i�ring pr�cols in pursuit of regional management of Palm
Beach Island's co�.#a1 system, w�ile providing net ecosystem benefits to the cell. Currently,
beach erosion control �i inlet m�nagement activiries are regulated, project by project, through
the Department's Joint Co�l Permitting (JCP) Program. Beach erosion control activities, such
as beach restoration and nourishment projects, require three forms of authorization: coastal
construction permits (Chapter 161, F.S.), environmental resource permits (Part IV Chapter 373,
F.S.), and proprietary authorization to use sovereign submerged lands (Chapters 253 and 258,
F.S.). The JCP consolidates these authorizations into one permit and also serves as the final
determination of consistency with Florida's Coastal Zone Management Program (CZM) and
water quality certification under the Clean Water Act.
3
The BMA Participants and Deparnnent initiated the Agreement to improve techniques for
managing the sand resources and beach erosion within the Palm Beach Island coastal cell
(Agreement Area) defined in Article C. (See map in Article C for a general depiction of the
area.) A primary goal of the Agreement is to develop a coordinated, long-term process that
facilitates predictable approval of qualifying coastal erosion control and inlet management
activities described herein. Ultimately, the Agreement is intended to facilitate regional
management of the Palm Beach Island coasta.l cell through mutually agreeable methods for
coastal erosion control, coastal ecosystem protection, and monitoring protocols.
This Agreement addresses State regulatory and prap�ietary �pprovals for managing the sand
resources and beach erosion within the Agreement Area. It sets fo�th the procedures and criteria
to be followed by the Department, the Florida Fish and Wildlife Conservation Commission
(FWC), and the BMA Participants for pre-application meetings and applicat�n submittal, review
and approval for individual projects within the Agree�ent Are�a., as well as coordination with
federal agencies and notice to the public. The Agreement �iso sets forth annual cell-wide
requirements for the BMA Participants to monitc�r the movement of sand, sea turtle nesting,
shorebird nesting, and exg�re and burial a€ hardbo#� and to p�form aerial surveys.
Department staff rev�ewed t�e grojects specif�lty descn�i in Article D of the Agreement
to determine consistency with the s�sta.ntive requirements of Chapter 161, Chapter 253, Part IV
Chapter 373, a�i Chapter 4i)3, F.S., �1 �ir impt�nenting rules, and for dune restoration,
Chapter 161, F.S., and its imple�nting rules. T�is review determined that cell-wide
manage�t of sand resou�s and be�ch erosion would result in net ecosystem benefits.
Prior to ec�truction, indi�al projects must demonstxate compliance with the conditions of
this Agreement i�r the IPA prc�cess set forth in Articles H& I. When conducted pursuant to
the conditions of this Agreeme�t, those projects and activities will meet or exceed the applicable
substantive criteria of Cha��r 161, Chapter 253, Part IV Chapter 373, and Chapter 403, F.S., and
their implementing rules. This Agreement also constitutes certification of compliance with state
water quality standards under Section 401 of the Clean Water Act, 33 U.S.C., and a finding of
consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the
Coastal Zone Management Act (CZMA).
4
C) Description of Agreement Area
1. The Agreement Area is generally defined by the boundaries of the coastal cell located
within the coastal system of Palm Beach Island, encompassing 15.7 miles of Atlantic Ocean
shoreline, and covering 34.5% of the Palm Beach County Shoreline. The approximate
shoreline length and critically eroded shoreline length for each municipality within the
Agreement Area are summarized in Table 1. Critical erosion shoreline lengths are also
depicted in Figure 1 below.
Table 1: Shoreline Lengths and Critically Eroded Are�s f� Municipalities within the BMA
- -- — - L =
=_ _
� '- � - _ ��
, __
- - -
- - - -
Percent of BMA Length of Critically
Munici ali Shoreline �en th cell Eroded Beach
own of Palm Beach 12.10 Miles 77.0 12.10 Miles
ity of Lake Worth 0.26 Miles 1.6 0.11 Miles
own of South Palm Beach 0.53 A�Iiles 3.4 0.53 Miles
own of Lantana 0.15 Mile� I.0 0.13 Miles
own of Manalapan 2.6b Miles 17.0 0.14 Miles
�i I�rgth 1 S. 70 A�f'iles 1 t?� I3.�3 �I�s
2. The specific ba�ries of t� Agreement �rea, approximately 5,560 acres, are defined
as follc�vs:
a. On tt� North at the S�nd Transfer Plant located on the La1ce Worth Inlet north jetty;
b. On the F�t at the -4Q.fl' NAVD 88 contour;
c. On the West at the �ward extent of the crest of the significant dune or a seawall,
(whichever occurs first); and,
d. On the South at an east/west line twenty-five feet north of the extended reach of the
intake pipe on the South Lake Worth Inlet Sand Bypass facility on Palm Beach Island in
Manalapan.
5
Figure 1: Limits of the BMA Area
LAKE W�ORTH INLET � ��
REACH 1
REACH 2
REACH 3
—. W
a �
Q
REACH 4 �
z
w
TODUN-�F ,: �
�AUu� e�;a_� : _, �— — w
Q Legend
REACH 5 Q Municip�8oundary
N � ---•— Reach Boundary
�,�, (� Designated Criticaly Eroded (Tatal of 13.03 milea)
W Extem ot BMA (Total Lengtll 15.7 miles)
REACH 6 CD
�
O
�_ �
�
�
J
--GITYt�F _ REACH 7
_ �-
LPclE��Nt7E�H_'= j
Td1�iVfal�9F _ . .
RALI+A ��AGN -__
- - REACH 8
?Q4]!N OF � ._.
�OUTH P�fiA-
' � REACH 9
TOW�I-i�F •—•_
LANTiRi+IA-
_ -__- _--= REACH 10
;T�WhlL3F � ,�,�,—
=�ii11RNALfkPAt�=
FtEACH 11 -
SOUTHLAKE
WQRTH INLET"
6
3. Shoreline Reach Designation
The Town of Palm Beach prepared comprehensive coasta.l management plans in 1986
and 1998, segmenting the Town's shoreline into "reaches" in order to examine erosion
problems and develop engineering plans for areas with similar coastal processes. The
reaches remained more or less consistent for the past 25 years, with slight revisions. The
1998 revision expanded the reach concept from the southern limits of the Town to the
southern limits of Palm Beach Island. More recently, the Tawn extended Reach 7 into the
northern section of Reach 8, and now includes the Lake Worth Pier. This revision was
proposed to reflect the Town's evolving management stra#,egies and is reflected in Table 2.
Table 2: Shoreline Reach Designation
- __ _ __ - _
= - _ - __ - -- � _
� -
Reach Ph sical Descri tion DNR Location Len th
1 ke Worth Inlet R76 - R78+500' * 2,875'
2 ondaga Ave to El Mirasol R78+500' - R90+400' * 13,080'
3 1 Mirasol to Via Bethesda (Br�ers) R9O+400' - R95 5,710'
4 ia Bethes� to Ban� Road (Mid-To�vn) R95 - R102+300' 7,995'
5 anyan Road to Widener's Curve R102+300' - R110+100' 8,961'
6 i�r's Curve �v Sloan's Cmve R110+100' - R116+500' 6,659'
� an's C�ve to Lake Worth Pier (Phipps R116+500' - R128+530' 12,348'
cean Park and �resler P�rk)
g e Worth Mun�cipal Be� Pier to South R128+530' - R133+500' 6,140'
own Limits
9 a Ba� Vie to Lant�a Avenue T133+500' - R137+400' 4,353'
10 antana Ave�ue to Chillingsworth Curve T137+400' - R145+740' 8,478'
11 hillingsworth Cu�ve to South Lake Worth R145+740' - R151+300' S,433'
let
* For purposes of hardbottom delineation, Reach 1 extended from R76-R78, and Reach 2
extended from R78- R90+400'
7
D) BMA Projects and Authorized ActiviNes
This Article defines the projects approved in the BMA, including consistency with the
Strategic Beach Management Plan, cell-wide sand specifications, and associated mixing zone
variances for beach nourishment.
1. Consistency with Strategic Beach Management Plan for Listed and Future Projects
The Florida Legislature directs and provides funding to the Department to implement a
comprehensive, statewide beach management plan for beach erosion control, beach
restoration and beach nourishment, and inlet managemeut �ctivities. In accordance with
section 161.161, F.S., the Department develops and maintains this plan for the restoration
and maintenance of the state's critically eroded l�ches and in�ets. The Department last
updaxed and adopted the Strategic Beach Management Plan on May 21, 2008. (A copy may
be obtained at http://www.deL.state.fl.us/beaches/publications/index.htm). The Departrnent's
adopted statewide Strategic Beach Management Pl�.0 s#r�tegies for the proj�ts listed in
Article D are:
• Lake Worth Inlet Maintenanc� Dredging: bypass ��verage annual volume of
202,000 cubic yards of sand to the downdrifk beaches sc�h of the inlet; place all
beach com�ti�ble mat�ial dredged during channel r�intenance on downdrift beaches
in areas of gr�eatest need in Reach 1� 2, and when feasible at the Mid-town and
Phi�s Ocean Par� �}�;
• Lake Worth Inlet Sa�i Transfer Pi�t extension of the discharge pipelines to increase
bypassing efficie�y with discharge points located at the south jeriy, and
a�ximately 1,04(? feet and 2,500 feet south of the south jetty;
• Mid-Tt� Beach Nc�r.rishment Project: Maintain through monitoring and
nourishment using s�l from offshore and upland sources;
• Phipps Ocean P� Beach Nourishment Project: Maintain through monitoring and
nourishment using sand from offshore and upland sources;
• Dune and Backshore Berm Restoration and Maintenance: Consistent with adopted
strategies to mainta.in nourishment projects.
• Groin rehabilitation: consistent with adopted strategy to maintain nourishments.
Pursuant to Rule 62B-41.008(1) (m), F.A.C., activities proposed for Department approval
shall be accompanied by a demonstration of consistency with the adopted statewide Strategic
8
Beach Management Plan. Based on its evaluation of the projects listed in Article D, the
Department determined that the proposed activities are consistent with the strategies in the
adopted plan.
Strategic Beach Management Strategies for Potential Future Projects
The Department's adopted statewide Strategic Beach Management Plan strategy for
proposed activities within the Agreement area that are not included in the projects listed in
Article D are:
• Lake Worth Inlet Maintenance Dredging:
o Reach 1 and 2: limitation of pla+eement area to dry beach or swash zone.
o Reach 2: extension of the be.�h placement area for c�dged material from the
maintenance of the navigation c�annels at Lake Worth Inlex.
o Limitation of dredging operations within a half mile radius o�#�e Florida
Power and Light Riviera Beach power plant discharge ta occur outside of the
November 15- March 31 wi�w, as a ma�tee impact minimization measure.
• Reach 8 Sout}� B�hes: construct restorati� projects in environmentally suited
areas.
• Central Palm Beach County Comprel�eusive Erosion Control Project (South Palm
Be�h, Lantana, � M�na��n): Conc�t dune restorarion where feasible; complete
feasibility �dy to de�rmine environmentally acceptable designs for beach
rEStoration.
The completion of feasibility/design studies and associated environmental impact
statements for the R�ach 2, R�ch 8, and Central Palm Beach projects are consistent with the
strategies in the adopt� p�n.
2. Cell-Wide Sand Quality Specification
The Agreement Area contains sediment that exhibit the characteristics defined in Rule
62B-41.007(2) (j), F.A.C., which requires that sand placed on the beach must be compatible
with the sand currently existing on the beach. Fill material must maintain the general
character and functionality of the material occurring on the beach.
9
The Department has determined that the fill material identified in Article D-4 meets the
criteria in Table 3 and will maintain the general character and functionality of the material
occurring on the beaches in the Agreement Area. Therefore, the identified material may be
used for placement on the beaches within the Agreement Area. Further, BMA Participants
may use any borrow areas or upland sources identified for future projects or sediment
placement events, as long as they meet the criteria in Table 3.
The sediment from the borrow area(s) and upland sand source(s) is similar in Munsell
color and grain size distribution to the material in the existing coastal system at the beach
placement site. The Department and the Participants a�knowledge that it is possible that
discrete occurrences of non-beach compatible sedi�nents may exist within the permitted
borrow axea(s) that do not comply with the limiting parameters of Rule 62B-41.007 (2) (j) 1.
- 5. F.A.C., or vary in Munsell color from the composite value. The ca�pliance
specifications take into account the variability of s�i�t on the native or e�usting beach,
and are values which may reaso�ly be attained giv� what is known about the borrow area
sediment. Beach fill material which fa11s outsid� of these limits will be considered
unacceptable and sub� tc� remediation.
Table 3: Sediment C�mplia� Specifica�s
- - -- - - - - - � - -- � -
Mean grain size Minimum a� maximum values 0.25 mm to 0.60mm
(Using moment method calculation)
Max. Siit Content pas�ng #230 sieve 2%
Max. Fine Gr�vel Content* reta.ined on #4 sieve 12%
Munsell Color V� moist Value (chroma = 1) 6 or lighter
The beach fill mater�.l shall �ot conta.in construction debris, toxic material, other foreign
matter, coarse gravel � rocks.
*Shell Content is used as the indicator of fine gravel content for the implementation of
quality control/quality assurance procedures.
Two Sediment Quality Control / Quality Assurance (QC/QA) Plans (see Appendix D)
have been developed for the BMA Projects. One covers procedures for the use of an
offshore borrow area such as the ones described above. The other plan covers procedures for
10
the use of an upland sand source. The selection of an offshore or upland sand source for
beach nourishment and dune restoration and maintenance is at the discretion of the BMA
Participants.
3. Approved Projects
This Article identifies the projects and activities authorized by this Agreement. Any
activities not listed here are not authorized under the BMA, but may be authorized by the
conventional permitting procedures, or added to the BMA t�rough amendment. Prior to
construction, the Department will review the activities identified below for consistency with
the Agreement including proprietary approval and associated mi�ing zone where necessary,
through the IPA procedures as set forth in Articles H and I. The pm�ct drawings are
provided in Appendix A.
a. Lake Worth Inlet Maintenance Dredging
The permitted activity is peric�c maintenance dre.rlging by the Army Corps of Engineers
(Permit # 0216012-001-JC) of the entire navigation-rela#ed complex at Palm Beach
Hazbor/Lake Worth Inlet. This Agreement aat�rizes the Tc�wn of Palm Beach to
become a co-ap��icant with the Army Corps of Engi�s for the placement of beach
quality sand fr� tl�e dredgi�g activity and to use the sand placement sites identified
below. Prior to the use of i� sa�d placement areas outside of Permit # 0216012-001-JC,
t� Town of Palxn Beach must coordi�te vvith the Army Corps of Engineers to modify
tl�e permit accordingiy. Dre�ging is authorized for the following specifications:
- --- � � - � - - - = = -
- , —� - , _.
--
� ��. - _
_ _ __ _ _
Settling Basin 35 feet + 2 feet Rge (000 to -100), Stn (32.0 to 37.5)
(Southem)
Extended Settling 35 feet + 2 feet Rge (-100 to -300), Stn (32.0 to 37.0)
Basin
Expanded Settling 35 feet + 2 feet Rge (-300 to -800), Stn (32.0 to 37.5)
Basin
Entrance Channel 35 feet + 2 feet Rge (000 to 400), Stn (25.0 to 30.0)
(Outer)
Entrance Channel 39 feet + 2 feet Rge (000 to 400), Stn (30.0 to 47.0)
(Main)
11
Entrance Channel 37 feet + 2 feet Rge (000 to 400), Stn (47.0 to 56.0)
(Main)
Inner Channel 33 feet + 2 feet Rge (000 to 400), Stn (56.0 to 86.0}
Turning Basin (Main) 33 feet + 2 feet Rge (-140 to 1600), PI Stn (-1.4 to
17.2)
Tuming Basin 25 feet + 1 foot Rge (-500 to 150), PI Stn (10.1 to 19.6)
(Northern)
* Reference from USACE plans. Rge interval = one foot, Stn interval = 100 feet.
Dredged material will be placed within the beach-�ore template. The berm will have
an elevation of approximately +8.7 feet (MLW), with a 1 V:20H seaward slope.
Placement of material may begin immediately south of the scn�th jeriy, and proceed in a
southerly direction approximately 3,450 feet near FDEP refere� monument R-79. If
the authorized beach placement area immediately south of the Lake �Vc�rth Inlet is filled,
then beach-quality sand may t�e placed within tt�e M�d-Town Beach or tl� Phipps Ocean
Park nourishment template. Within tt�� entrance c�el (between USACE Stations 25.0
and 56.0), shoals of less than 5,� cubic yards may be iransferred to deeper parts of the
channel to tempc�rily alleviate navigational �s. The c�struction activity will
adhere to a Sediment Quality ControU�ality Assura� Plan that was approved by the
Department on Juty 20, 20�. This Sediment QA/QC Plan is incorporated into the
agree�ue�t by referem�e.
b. Lake Worth In�et Sarni Transfer Plant
The Department authorizes improvements to the sand transfer plant owned by the
Town �f Palm Beach at Lake Worth Inlet. The Department also authorizes the operation
and maint�.ce of the �d transfer plant.
Constructic� impr6vements include a new pump house faciliry immediately adjacent
to the existing byp�s plant on the north jeriy of the Lake Worth Inlet and the
construction of an additional discharge pipeline. The new faciliry will house a booster
pump for an additional pipeline to transport material from the north jetty approximately
4,500 feet south to an altemate discharge point near R-79 within Reach 2 in the Town of
Palm Beach (Figure 2). The Deparhnent authorizes the new pipeline to be direcrionally
drilled beneath the inlet channel and remain below the sea bottom until it reaches a beach
12
discharge structure anchored to pilings and enclosed in architectural formwork on the
beach.
During the operation phase, the Department authorizes the bypassing of
approximately 162,000 cubic yards of beach-quality sand per year to the beach on the
south side of the inlet. Material discharge rates from the bypassing plant will be less
than 5,000 cubic yards per day and on an intermittent basis as coastal littoral transport
processes move sand to the intake pipe of the bypassing plant on the north jetty. The
Town of Palm Beach will utilize the two discharge pipelines as needed to maintain the
beach in Reach 1 and Reach 2, and protect the shore-hased discharge pipeline structure
located immediately south of the inlet.
13
Figure 2: Sand Transfer Map — Second Discharge Location
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z
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� 3 e
€�
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c. Mid-Town B�h N€�urishment Project
The Department authc�izes periodic be,�h nouris}�ment to maintain the beach
restoration project k�cated iu the central �tion of the Town of Palm Beach between
DEP Ref�nce Monu�n#� R-89 at�ci R-102 (Reaches 3 and 4), and maintenance repairs
to the eleven e�isting groi�s. In conjun�tiun with this activity, the Department authorizes
the construction and m�intena�e of one additional groin located at R-99.3 (Figure 3).
T� t�ach fill design �onsists af a 25-foot wide design berm plus advance beach
nourishment placed seaward of the design berm at an elevation of +9 feet NGVD for an
average constn�etion be.rm width of 180 feet. The beach construction berm is designed to
a 1 V: l OH (vertical; l�izontal) slope. The volumetric amount will be based on existing
site conditions at the time of construction, but will not exceed the permitted template.
The Deparirnent authorizes the Town of Palm Beach to obtain beach compatible sand
from offshore borrow areas as outlined in Article D-4. Alternatively, the Town of Palm
Beach may obtain beach compatible sand from an approved upland source consistent
with the cell-wide sand specifications outlined in Article D-2 and truck-hauled to the
beach through designated beach maintenance access sites. If beach compatible sand
14
becomes available from the maintenance dredging of Lake Worth Inlet by the U.S. Army
Corps of Engineers described in Article D-3.a., it may also be used as fill material for the
portion of this beach template located between reference monuments R-95+108 feet and
R-101.4.
The Department authorizes repairs and maintenance to the eleven groins constructed
in conjunction with the 1995 beach restoration (DEP File # 50-273953-9 and
DBS9A0352-PB) not to exceed the parameters of the original design as shown in the
approved plans and specifications. The groins are s�ed approximately 325 feet apart
on average and vary in length from 88 feet to 167 fcet with a crest elevation at +6.0 feet
NGVD, toe at approximately -1.0 feet NGVD at the landward end and approximately -4.0
feet at the seaward end. In addition, the c�struction and mainte�nce of one additional
groin is authorized near the south limits ofthe project area at Depart�nt Reference
Monument R-99.3. The authorized groin will t� 98 �t�t long in the sho�;-normal
direction and 12 feet wide at the cres� The sand placement described above will
completely cover the groin.
Figure 3: Mid Tow� Project Ma�
MID TOWN FILL PROJECT _�„
��m.�
�BlflM CRSf
��fKlimtlofFil
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d. Phipps Ocean Park Beach Nourishment Project
The Depariment atrthorizes periodic beach nourishment to maintain the beach
restoration project located in the south portion of the Town of Palm Beach (Reach 7)
between the Department Reference Monuments R-119 and R-125 and periodic placement
of sand to maintain the restored dune in the northern portion of Reach 7, from R-116 to
R-119 (Figure 4). In addition, the Department authorizes beach restora.tion and periodic
beach nourishment between monument R-125 and the northem boundary of the Lake
Worth Municipal Park at monument R-127 (northern segment of Reach 8). Construction
15
and maintenance of these three contiguous segments may be conducted separately or
together and material may be stockpiled on the berm between R-119 and R-126 to
replenish the restored dune.
The beach fill design from R-119 to R-127, consists of a+9 feet NGVD berm
elevation with an average construction berm width varying from 190 feet to 455 feet. The
restored dune has a typical crest width of 25 feet at an elevation of +16 feet NGVD, with
a 1 V:3H slope down to the beach berm, except north of R-119 where the dune crest is
+10 feet. The volumetric amount will be based on existing site conditions at the time of
construction, but will not exceed the permitted te�pla#e.
The Deparhnent authorizes the Town of Palm Beach to obtain beach compatible sand
from an offshore borrow areas outlined in Article D-4, or any offshore source consistent
with the cell-wide sand specifications in Article D-2. Alternatively, the Town of Palm
Beach may obtain beach compatible sand from an �ved upland souree consistent
with the cell-wide sand specificatic�s outlined in Article D-2 and truck-hauled to the
beach through designated beach �aintenance access sites.
The Phipps Oc�n Park beach nourishment groject iucl�es periodic dune restoration
south of the I.�ke Worth Pier in Reach 8. T'he dune-c�ly portion, from R-129 to R-134
(within Reach ��, will be c�structed to � elevation of +10 feet NAVD with a 1 V:3H
slope.
Figure 4: Phipps Ocean �k Pra�t Map
PHIPPS OCEAN PARK PROJECT Z� ��dF �-BERM �i00NERFSTORATION
. . cror —wuo
,--'=-- .. _ _ - _ - — -- -
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16
e. Palm Beach Groin Rehabilitation
The BMA authorizes repair, rehabilitation, or removal of existing groins within the
Reaches 2, 4, 5, and 6, as described in the 2011 Coasta.l Structures Plan for the Town of
Palm Beach. The adaptive management stxategy for this authorization includes revising
the list of groins needing repair, rehabilita.tion, or removal, and updating the table below
(Table 4).
Table 4: Groin Repair, Rehabilitation, or Re�vai List
-= = -- - -- -
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_ , -� = = '
- _ -. T ,_ -
Reach 2 R-88 G73655 Retain and Re air
Reach 2 R-88+875 G72800 Re�ain and Re air
Reach 2 R-89+325 G72426 Retain and Re air
Reach 2 R-89+850 G71894 Remove
Reach 2 R-90+50 G71633 Retain and air
Reach 4"North"R- G59940 Retain and Rep�ir
100+225
Reach 4"North"R- G59002 Retain and Repair
100+1150
Reach 5 G50601 Retain and Repair
"South"R108+650
Reach 5 GSQ249 R�ain and Repair
"Sout�"RI08+10�
Reach 5 G49866 Retain and Repair
"South"R1t�+175
Reach 6 R-114+150 A44411 Remove
f. Dune and Backsi�re Berm �estoration and Maintenance
Tl� Department a�iorizes t�e BMA Participants to construct artificial dunes within
the Agree�nent Area as c�ribed below. Artificial dunes constructed in the Agreement
Area are inte� to prc�ct upland properties and to protect and enhance habitat. The
Department identi£�d segments of shoreline within the Agreement Area with conditions
suitable for the construction of sustainable dune features and developed procedures the
BMA Participants must follow to construct dunes on those shorelines. Implementation of
this Article will not only meet the goals stated above, but also provide more efficient and
predictable permitting of artificial dunes in the Agreement Area.
The Deparirnent identified four dune conditions, permittable by the BMA, based on
aerial and visual inspection of existing dunes, annoring, beach widths and elevations
17
within the Agreement Area (Figures 5 and 6). These areas are identified in Appendix A-
4. Condition 1 is excellent for dune restoration projects, having a wide and elevated back
beach berm. Condition 1 shorelines contain the island's best existing dune features.
Condition 2 is good or appropriate for dune projects, having a sufficiently wide back
beach berm on which fill can be placed. These shorelines are often steep and armored
and, for this reason, the sustainabiliry of the dune feature is lower. Condition 2 dunes
could be considered sacrificial, meaning dunes constructed in these locations will likely
provide temporary relief from coastal erosion until �rsistent wave acrivity transports
material from the template. Condition 3 is poor fc�r duaes, as constructed dunes are likely
not sustainable and are subject to erosion from high freque�y storms. Condition 4
includes the dune and backshore berm �signs for the Mid-Town and Phipps Ocean Park
beach nourishment projects.
The BMA Participant may use an offshore borrQVV area to obtain be� compatible
sand that is stockpiled during beaeh nourishment a�i then transported to the dune
restoration site. Alternatively, �h campatible sand �y be obtained from an approved
upland sand source cunsistent with Article D-2. T�is wouki �.11ow the placement of
artificial dunes in new l�tions or the restriction of � placement in others. Changes
in areas authorized for dune glacement will require a formal amendment of the
agree�en�.
BMA Particip�ants wishing to cons�truct a dune must meet the criteria set forth in
A�pendix D, and s�it the information required in Appendix F-1. Before constxucting
a du�, the BMA Particigant must follow the authorization procedures in Article I.
18
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4. Approved Offshore Borrow Areas
Based upon the information and analysis provided by the applicant, the material to be
excavated from the proposed borrow areas for placement in the beach project areas is
expected to maintain the general character and functionality of the material occurring on the
beach and in the adjacent dune and coastal system with Rule 62B41.007(2)(j), F.A.C.
a. North Borrow Area 1(NBA 1)
North Bonow Area 1 is a southward extension of t� borrow area used for the 2009
Juno Beach Restoration Project and is located 1 to 2 miles north of Lake Worth Inlet in
water depths between 40 and 60 feet approximately 2,500 f�eet offshore of Singer Island
(north of the Agreement Area; Figure 7). The coarsest material within this bonow area
occurs along the offshore boundary. In general, the coarser materi�i is a subsurface layer
5-10 feet thick under several feet of fine sand. The e�mated 2.8 millic�n cubic yards of
material within NBA1 is bas�i o� a nominal cut t�kness of 15 feet. Core composite
values range from 0.25 to 0.31 mm with a composite v�e for NBA1 of 0.276 mm and
silt content of less than 2%. Based cm the data p�ovided, the selected regions of the North
Bonow Area 1 contain i�ch compahble material.
Figure 7; Location Nlap N� Borrow Area
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Location Map - NortFi Borrow Araa
b. South Borrow Area 2(SBA2)
South Borrow Area 2 is adjacent to Reach 7 and Phipps Ocean Park between R-110
and R-120 in water depths of 24-36 feet between the first and second reef (Figure 8). The
estimated volume of 1.68 million cubic yards is based on a nominal cut thickness of 10
feet. The cores collected show a mix fine sand and shell fragments. Some of the cores
contain coral or rock fragments. Although a few scattered rock fragments were found in
the cores, the occurrence of the rock fragments was not extensive enough to identify
continuous lenses or layers of rock rubble. Core composite values range from 0.21 to
0.36 mm with a composite value for SBA2 of 0.29 mm and silt content of approximately
1 %.
c. South Borrow Area 3(SBA3)
South Borrow Area 3 is adjacent to Re�h 8 from Lake Worth Pie� (South of R-128)
to the city limits of the Town of Palm Beach (R-134) in water depths of 20-35 feet
(Figure 8). SBA3 is located i�dward of Borrow Area III (R-127 to R-130) and
immediately adjacent to Borrow Area IV (R-132 to S of R-134) used for Phipps Ocean
Park permit. SBA3 is same locaticfn as Borra� Area V pr�osed for Reach 8, only with
slightly modif�d bound�es. The estimated volume of 1.83 million cubic yards is based
on a nominal cui �th of greater than 10 feet. The cores show a mix of fine sand and
shell frag�ents, and st�n� cc�nta.in rock an� c�ral fragments. Core composite values
r�ge from 0.17 t�i 0.33 mm with a compc�site value for SBA3 of 0.25 mm and silt
ccxi�ent of approxia�tely 1%. Based on the data provided, the majority of the South
Borrow Area 3 study a� contains beach comparible material.
22
Figure 8: Location Map South Borrow Areas
LE6EN0 � � � �
we OEP R�MONIJMENB 9w�n' (W57 mdYa
BORROWAREAOB.INEAlIONS inw a mw
� �-N ►Q
��
�
PHIPPS REACH B
- __ _ s _ _ �_ _ - _ _ _
,_ - __ . ._ _ . _- _ " . T _ - -- -
"- -.-.TL " _ __" - ,.' -' _ _ . _ . . _ _ _
- �.�.�. - _ -- -_ _ _ _ -
� _ _ _- - _� _ . _ _ _ - _ _.
P 2 N¢= P' t� P P P P P� Q� P Q' P P P 1 � �- ?? P? P�" ? P Q� V� � F F Q'
6REAI�St'S
lM� WJRIH %FR
SOIJIlERN %V�.
5. Approved Mixing Zones
The Department �e�eby gra��� the BMA P�rticipants a temporary mixing zone for each
of the twa ��urish�t projects. A mixing zone of 150 meters offshore and downdrift
is authorized for the I�d-Town i�ach nourisi�ment activities. A mixing zone of 1000 meters
downdrift and 300 meters affshore fc� the nearshore and beach placement site for the Phipps
Ocean Paxk Project beach r�ishment activity is authorized. This mixing zone shall only
be valid during t�e construct� activities authorized in this Agreement. BMA Participants
must monitor the turbitiity plume as described more fully in Appendix D.
E) BMA Participant & Regulatory Agency Commitments
1. The BMA Participants agree to the following commitments:
a. This Agreement is the sole mechanism to be used by the BMA Participants to obtain
authorization to conduct the specific activities set forth in Article D within the Agreement
Area. Changes to the specific activities or other deviations from the terms of the
23
Agreement may require amendment of the Agreement as determined by the criteria set
forth in Article N. Permits within the Agreement Area previously issued by the
Department to the BMA Participants remain valid until the expiration date. However, in
the event permit conditions of existing permits conflict with the BMA permit conditions
in Appendix D, the BMA permit conditions shall prevail.
b. By signing this BMA, each Participant has certified to the Department that it has in
place intemal environmental management systems or alt�native intemal controls
sufficient to implement this Agreement.
c. The BMA Participants agree to administer the cell-��ide monitoring and mitigation
plans (for any new projects with impacts), as c�scribed in A�endix B.
d. The BMA Participants agree to fund t� required cell-wide monitoring annually. Any
funding strategies are allowable if agreed e�pon by the Participants.
e. The BMA Participants agree to annually repnrt ta� tl�e Department t�e amount of
money spent to perform the proje�ts identified in tl� Agreement and to comply with
conditions of the Agreement.
f. The Town of Palm Beach agrees to reduce st�mwater discharge onto the beach and
dune system as c�scribed fiilly in Article F. I3ata fi i3�is effort shall be submitted to
the Department c�u an annu�l basis no later than November 30 each calendar year until
the 67 c��falls identifi� in A�cle F-4 are r�oved.
2. Tl� Regulatory Agencies signing this Agreement agree to the following commitments:
a. Florida Department of Environmental Protection
i. Uphold the proe,�dures of this BMA;
ii. Pc�st annual cell-wide data and reports on the agency's website and send
notification to interested parties;
iii. Host annual me�ting with State and Federal Regulatory Agencies for data review
and adaptive management updates;
iv. Host annual meeting with Participants and stakeholders to present the data
collected from the monitoring effort; and,
v. Conduct the 5-year cell-wide hardbottom monitoring cell-wide review, referenced
in Appendix B. Additionally, conduct post project regulatory review of Mid-
Town 3-5 years following each nourishment event.
24
vi. Every five years the Department shall hold a public information-gathering forum
to report on data collected to date through the BMA process and receive public
comment on whether there is cause for the Agreement to be modified or
terminated. Notice of such forum shall be published the Department's BMA
Website (http://www.dep.state.fl.us/beaches/pb-bmaJindex.htm) and the Florida
Administrative Register at least thirty (30) days prior to the forum. Notice shall
also be provided to the FWC, NMFS, USACE, FWS, and BMA Participants.
b. Florida Fish and Wildlife Conservation Commission (FWC)
i. By signing this document, the FWC does r�c�# abrogate its responsibilities under the
Florida Constitution, Florida Statutes a�i Administra�ve Code Rules, for oversight
and protection of public trust res�rces;
ii. The FWC agrees that it has conducted all the necessary evahaation to state that
each activity approved in this Agree�t in �ti�le D is consisteut with Florida's
Coastal Zone Management Program and will not adversely affect the conservation
of fish and wildlife, incli�ing endangered or thre�tened species, or their habitats;
iii. The FWC agre� to review t� annua.l turtl� monitoring data and oversee the turtle
monit�ing protocc�ls in the a�t;
iv. The FWC �ees th�t additional rev�ew is necessary for new projects or
�ents to tt� BMA �a.t would affect wildlife;
v. The FWC �grees th�t additional ev�luation of impacts to fish and wildlife and
consideration t}f adaptive management options are necessary in the event that
�tysical and bio�gical monitoring reveals unanticipated impacts, or if additional
spec�s are listed in the Florida Administrative Code;
vi. The FWC agrees to provide appropriate representatives to participate in informal
pre-application review meetings and Application Review Meetings identified in
Article H; and,
vii. The FWC agrees to conform to the timeframes set forth in this Agreement for
IPAs, Article H and I.
3. Regulatory agencies indicate their support of the BMA through submittal of a non-
binding support letter. These regulatory agencies include: U.S. Army Corps of Engineers,
25
Regulatory Branch; and National Marine Fisheries Service (NMFS). The support letter
indicates agreement with the following items:
i. Agree to use the same project-related regulatory data collected through the Cell-
Wide Hardbottom and Marine Turtle Monitoring Plans to perform their own
independent permit evaluations.
ii. Agree to provide appropriate representatives to participate in informal pre-
application review meerings and Application Review Meetings identified in
Article H.
iii. Agree to conform to the timeframes set ft3rth in this Agreement for IPAs, Article
H.
F� Net Ecosystem Benefits
The Department determines and tl�e BMA Particig�nts �knowledge that the requirement to
provide net ecosystem benefits to the Agreement Area ma�e favorable than those that would be
provided under current regulations undet sectio� 403.0752, F.S., will be satisfied through
implementation of this Agre�ent. The De�rhnent a� BMA Part�ipants agree that
implementation of t� Agreemen# will result in t1�e fcrllowing ��cosystem benefits:
1. Imprvv� Inlet Man�t
Tl� BMA Part�i�nts agre� to improve tl� transport of beach quality sand across Lake
Worth Inlet onto the eroding beac� located on the northern portion of Palm Beach Isla,nd.
The Floric� Legislature rec�nizes tl�at inlets interrupt or alter the natural drift of beach-
quality sand re�urces. Fla. S�. § 161.141(2). Accordingly, the Legislature found that it is
in the public intere�t ta replic�te the natural drift of sand which is interrupted or altered by
inlets.
Currently there is a sand transfer plant located on the northern jetty of the Lake Worth
Inlet operated by the Town of Palm Beach. This sand transfer plant hydraulically pumps
sand from the wide southern portion of Town of Palm Beach Shores onto the eroding
northern portion of Palm Beach Island. While this effort has provided some relief to the
northern eroding portion of Palm Beach Island, its function has not been completely
successful. Currently, beach quality sand from north of the inlet is only placed in Reach 1 at
26
R-76. This sand tends to build up in this location and not continue its flow to the south
because the inlet navigation improvements shelter this location from waves and reduces
littoral sediment transport. Despite sand bypassing from the transfer plant, historical physical
monitoring documents accretion of beaches in Reach 1 and generally eroded beach
conditions in Reach 2.
The Town of Palm Beach has been authorized to construct a new pump house facility
immediately adjacent to the existing bypass plant on the north jetty of the Lake Worth Inlet
and to construct an additional discharge pipeline. The �v facility will house a booster pump
for an additional pipeline to transport material from tl� n� jetty approximately 4,500 feet
south to an alternate discharge point near R-79 within Reach 2 i� the Town of Palm Beach
where sand is expected to continue its natural s�nd transport south. The improved sand
transfer plant will result in fewer operationai c�lays, as well as a greater �ea to bypass sand,
thereby maximizing operational efficiency. These imprt�v�ents will enh� the ability of
the Town to transfer sand to the erot�d beach and bette� replicate the littoral transport of
sand from north to south.
Additionally, the BMA Participants will activety manage #� inlet maintenance dredging
conducted by the U.S. Army Cc�rps of Enginee�s in order tc� better service the downdrift
beaches in need ofbypFassed mat�rial, and l�d to more efficient and effective sand
manage�n�. The groins in t� BMA cell will �o be rehabilitated in order to stabilize the
beaehes and maximize the amount of placed sand retained on erosive beaches. The BMA
Partieipants will assess tt�e best inlet and groin management options to better maintain the
bypassing effort to the sou�h of the in�et.
This is a Net Ecosystem Benefit because while the Town of Palm Beach is currently
achieving its annu�l bypassing goals, maximum effectiveness of this bypassing is not being
achieved. The BMA F�ticipants are implementing a solution that will improve the stability
of the beach dune system through more effective bypassing.
2. Cell-Wide Biological Hardbottom and Physical Monitoring
The BMA Participants agree to implement annual cell-wide physical and biological
monitoring of submerged hardbottom and a regular reporting of such fmdings. The BMA
Participants will follow agreed upon standard methodologies for data collection and analyses
27
as described in Appendix B. The monitoring plans will meet the state and federal regulatory
requirements for approved projects. These monitoring will also create a Net Ecosystem
Benefit by obtaining a more complete cell-wide understanding of hardbottom and sediment
variability.
Implementation of this plan will result in more efficient and cost-effective management
of hardbottom within the Agreement Area. Joint Coastal Permits issued through the
Department have typically required collection of physical aud biological monitoring data
within the immediate area of the permitted project. By imglementing cell-wide monitoring,
the BMA Participants and the Department will monitor the entire cell and gain a consistent
and comprehensive assessment of project perform�nce, as we11 as a better understanding of
natural variation in the cell. The cell-wide biological monitoring will include specific
transects typically utilized to determine project impacts within the monit�ing program.
However, the cell-wide monitoring and reporting p�ogram will also establish predictable and
systematic data collection methock��c�gies over the entine cell and improve the evaluation of
coastal resources over the long-term. With this informaticm, the BMA Participants and the
Department will be ab�e to adaprively manage the resflurces in the Agreement Area. The
cell-wide approach wi11 adv�ce understanding of coast�l ecosystems in general and improve
the quality of recom�ndations #o enhance grotection strategies for hardbottom and marine
turtle nest�tg habitats and atl� �ces in this area and in other areas in the future.
T� cell-wide �ysical a�i biological m�nitoring program will be implemented as
descnbe� in Appendix B i and B3. Any deviation, other than those described in the adaptive
managet�t section, from this methcxldogy must be approved in advance through a formal
amendment c>f the Agreement.
3. Cell-Wide Sea Tur#�e A�anitoring
The BMA Participants agree to implement cell-wide monitoring of sea turtle nesting
beaches on Palm Beach Island as part of the Agreement. The monitoring plans will meet the
state and federal regulatory requirements for approved projects. This monitoring will also
create a Net Ecosystem Benefit by obtaining a more complete cell-wide understanding
variability of sea turtle nesting. Implementation of this plan will result in more defensible,
efficient, and cost-effective management of sea turtles within the Agreement Area. Joint
28
Coastal Permits issued by the Department have typically required collection of sea turtle
monitoring data within the immediate area of the permitted project. The monitoring agreed
to in this plan will enable assessment of changes on project beaches relarive to changes in
nesting of sea turtles on an island-wide scale.
Placement of sand on the shoreline, either through dune restoration or nourishment,
during beach management activities results in obvious alterations to the nesting substrate in
the project area. However, it is unclear whether these observed changes in sea turtle nesting
behavior affect overall reproductive success across the h�der landscape that includes the
project site. Monitoring sea turtle nesting behavior � an island-wide basis in addition to
project-specific monitoring offers an opportunity to assess the influence of beach
management activities across a broader spatial and temporal scale �vithin a framework that
includes fluctuations in sea turtle nesting that �y occur independent of beach management
activities.
Direct impacts to marine turtl�,s, t�ir nests, and l�hlings during construction such as
avoidance of illuminated work areas amd disorientation of �lts and hatchlings from
adjacent beaches to ligi�ts at the constn�tion site are typically limited in space and time.
Indirect impacts tl� occur ov� longer ti� pe.r�ads due to the design and composition of
beach and dune fill, s�h as changes in profi� and sediment composition must also be
identified �d minimizecl � t� �e practic�. Such impacts persist, and have the ability
to �.�ively imp�t nesting � several ye� after project construction. While decreases in
nesti�g and reproductive success are anticipated during and after project construction due to
engineer� changes in the bea.ch, manitoring focused within the project and on immediately
adjacent beac�s may miss c� mask other pervasive fluctuations in nesting that occur on an
island-wide basis i�epende�t of the project.
Cell-wide monitor�g �`ll better assess the spatial and temporal extent of sea turtle
response to beach management activities, and will help isolate possible root causes of
observed behaviors and indentify the impact of spatially and temporally isolated beach
management activities on overall utilization of the Island by nesting sea turtles. With this
information, the BMA Participants and the Department will be able to adaptively manage
nesting habitat of sea turtles in the Agreement Area.
29
The cell-wide sea turtle monitoring program will be implemented as described in
Appendix B-2. Any deviation from this methodology must be approved in advance through
a formal amendment of the Agreement.
4. Outfalls Removal
Constructed many years ago, prior to the modern environmental regulations, there are
many private and public surface water runoff outfalls and dis�harges that currently direct
stormwater onto the beach and dune system. The Town of Palm Beach identified 67 public
outfalls/discharges (Appendix G) with a total annual c�put of 28.5 acre-feet (9.2 million
gallons per year). Water discharges can cause s�our/erosion of tt�e adjacent beach and dune
system, and may affect water quality and negatively influence sea tz�rtle nests on the beach or
natural resources in the nearshore.
The Town of Palm Beach will implement a lc�g-term �ogram to redire�t surface runoff.
The long-term program will incl�e a phased capital i�rovement effort to improve the
Town of Palm Beach's beach and du� syste�n. Of the 67 i�ntified discharges, 56 are
located along the Nor� Qcean Boulevard seawall a�ijacent to t� Palm Beach Country Club.
The North Ocean B�levard �wall is sc�ciuled for re�ment in 2014. The outfalls will
be eliminated from tt�e seawall. Modificati�s to the remaining 11 discharges, located within
Reaches 2 through 6, will mcii� a 1� yeax program to upgrade, remove or divert those
out�. Within t� years of tl�e effective d�e of this Agreement, the Town of Palm Beach
will �ve removed a1167 public au�falUdischarges.
Further, there are appro�mately iO3 outfalls/discharges located within the Town of Palm
Beach that are lc�cated on priv�te property. Town of Palm Beach staff will implement an
annual education eampaign t�geting all residents with outfalls/discharges on the beach and
dune system to consi�r �tions to reduce or eliminate any influences. As redevelopment
occurs on properties with such outfalls/discharges, the Town of Palm Beach will require
owners and Palm Beach County will encourage owners to meet the Sta.te's standard of
refraining from discharging onto the beach and dune system.
30
G) Avoidance, Minimization and Mitigation
Based on its evaluation of the projects listed in Article D, the Department determined that the
Town of Palm Beach has avoided and minimized impacts resulting from the projects to the
greatest extent practicable. Further, the Department does not anticipate direct or secondary
impacts associated with the listed projects beyond those impacts that have occurred and have
been or are being mitigated for in previously permitted projects. Of the projects approved at the
signing of the BMA, only the Mid-Town Project would have project-associated regulatory
transects established to verify the prediction of no impact (see Appendix B-1). The Phipps
Project and the discharge pipe extension have no associated "project specific transects" required
for reasonable assurance.
If new projects are implemented in the Agreement Area that have impacts which have not
already been permitted, the BMA Participants and the Department agree to mitigate those
impacts by implementing the procedures in the Palm B�ach Island Beach Management
Agreement Hardbottom Mitigation Pian (Agpendix B-1-C). Anticipated direct hardbottom
impacts (direct burial within the equili�ium tce of fill) will be mitigated for by the crearion of a
functionally equivalent artificial reef. Mitigation will tie at a 1:1.5 ratio of hardbottom buried to
artificial reef created. If the mitigation is perf�med ahead af impacts, the ratio will be lowered
to 1:1 hardbottom buri� to artificial reef created. The created reef will be representative of the
hardbottom ty��e impacted (i.e., r�f rr�t�rial and l�.tion, water depth, relie�. Unanticipated
hardbott� impacts (e.g., direct 1�trial, tempc�ral �oss, community degradation, or recruitment
loss) from Ehese projects will be recc>rded through biological monitoring and handled through
compliance �d enforcement.
H) Individual Project Approv�l Process for In-Water Activities
BMA Participants mu� c�ain an Individual Project Approval (IPA) from the Deparirnent
prior to commencement of any construction activity for the projects approved in Article D.3.
(Lake Worth Inlet Sand Transfer Plant, Midtown Beach Nourishment Project, and Phipps Ocean
Park Beach Nourishment Project). The procedure outlined below is intended to confirm that the
project the BMA Participant is prepared to commence remains consistent with this Agreement.
31
IPAs for in-water activities, activities 1. through 3. in Article D authorized by this
Agreement, shall be conducted in compliance with Chapter 62B-49, F.A.C., including all
procedures contained therein, except as those procedures are modified in this Article.
1. Informal Pre-Application Process
A BMA Participant may request an informal pre-application meeting with the
Department to discuss a project on the list of activities approved in Article D and clarify any
necessary procedural and substantive criteria of the Agreement, including the provisions of
Chapter 62B-49, F.A.C. Representatives from FWC, USFWS, NMFS, and the U.S. Army
Corps of Engineers (Corps) will be invited to t}� pre-applicarit>n meering. The BMA
Participant agrees to provide sufficient inform�ation on any procedural or substanrive criteria
that needs clarification. The pre-application �eeting does not commence the formal review
of an IPA application. Pre-application meetings �y l3e �heduled as needed.
2. Formal Individual Project Review
To commence the �ew of an application for an IPA, the BMA Participants agree to
prepare an applic�ti€� using all of the inf��ti� identifi�.i in the Individual Project
Approval Checklist t�pendix F-2). Upon r�ipt of the application, the Department will
schedule aa �pplication Itevi�v Me�tang to oc�u two (2) weeks after receipt of the
appl��on. A p�sing f� shall accompa�y each application in an amount consistent with
the f� schedule set fort� in Rule 62B-49.006, F.A.C., with the exception that BMA
Participants will only be r�ired to �y 50% of the fees required under rules 62B-
41.0085(3)(a�,{b), and (c), F.�C. (rigid coastal structures, beach restoration, and
construction and �intena� of inlets respectively), which are incorporated by rule 62B-
49.006(1), F.A.C., and �hed in F-3.
The Department will invite representatives from the FWC, USFWS, NMFS and Corps to
the Application Review Meeting. The application shall be considered to be in draft form
until the day of the meeting, at which time the formal review of the application shall
commence and all times limits set forth in this Article shall begin.
The Deparhnent will send a Sufficiency Review Letter to the BMA Participant within
seven (7) days of the Application Review Meeting. The Sufficiency Review Letter will
32
indicate whether the application is complete or ask the BMA Participant to resolve any errors
or omissions that render the application incomplete. If the BMA Participant provides a
response to complete the application, the Department will provide a Sufficiency Review
Letter with 30 days of receipt of the response. If the BMA Participant fails to respond within
60 days to a Sufficiency Review Letter that indicates the application is not complete, the
Department will deny the application.
Upon receipt of the complete application for IPA, including resolution items in the
Sufficiency Review Letter, the Deparhnent will have 60 dgys to review the completed
application for compliance with the terms of this Agreemen� The review shall also consider
the Applicant's history of compliance with previc�usly issued pe�mits and IPAs granted under
this Agreement as a factor in determining if re,�sonable assurance �s been provided that the
terms of the Agreement as applied in the IPA �ill be met. A history of n�n-compliance with
previously issued permits, IPAs, or failure to comgly wii� eell-wide commil�nts in this
Agreement may serve as the basis fc� �oject denial, m�dification, or the addition of specific
conditions, based on the nature, seve�ity, ax�i extent of the �n-compliance.
If the application �vides reasonatt�e assuragce �t the p�t complies with the terms
of this Agreement, t� Department shall approv� the indivic�al project, provide proprietary
authorization, and any necessary mixing zo� by issuing an Individual Project Approval
Letter. Su�h approvals �1 i�c� ge�eral co�itions as set forth in Chapter 62B-49,
F.A.C., and incluc#�d in Appe�dix C and �ific eonditions applicable to all projects as set
forth in Appendix D. If the applit�ion does not provide reasonable assurance that the
project c�lies with the t�ms of the Agreement, and the BMA Participant does not
withdraw or change the application, the Department will deny the application. Each letter
will include a point of entry fc�r challenging the agency action. Denial of the application does
not prejudice the BMA Participant to propose a project that is consistent with the Agreement
or submitting an application pursuant to Chapter 62B-49, F.A.C.
The letter will also include a public notice of the agency action that the BMA Participant
shall publish in a newspaper of general circulation in Palm Beach County, which publication
shall be accomplished in the same manner as provided in Rule 62-110.106(5), F.A.C. The
Department will post notice of its agency action on its website
(http://www. dep. state.fl.us/beaches/pb-bmaJindex.htm).
33
The Department and the BMA Participants may agree during any individual project
review process to waive the time limits set forth in this Article. Such an agreement must be
memorialized in a separate written agreement document between the Deparhnent and the
BMA Participant who is waiving the time frame.
I) Individual Project Approval Process for Dune Construction
BMA Participants must obtain an Individual Project Approval (IPA) from the Department
prior to commencement of any construction activity for the projects approved in Article D,
activity 4. (dune construction). The procedure outlined l�low is intended to confirm that the
project the BMA Participant is prepared to commence remains consistent with this Agreement.
IPA for Dune Construction, activity 4. in Article D authorized by this Agreement shall be
conducted in compliance with Chapter 62B-33, F.A.C., i�luding all �rocedures contained
therein, except as those procedures are modified in this Article.
1. Project Review and Approval
BMA Participants �s�ing to construct artificial ci�es unc� this Agreement must meet
the design criteri:� in Appendix D. Prior to construction of an artificial dune, the BMA
Participant shall cont�t the Deg�.rtment to scl�dule a meeting on site with the Departrnent's
Field In�. At the �in.g t�e BMA Participant shall provide the Department Field
Insp�t�r with a Ihme and B�kshore Berm Restoration and Maintenance Checklist
(Appe�ix F-1) and ite�s requir�d by the Checklist, including a sample from the proposed
sand source.
If the appl�ion provides reasonable assurance that the project complies with the terms
of this Agreement, #t�e Dep�rt�nent Field Inspector shall approve the individual project by
issuing an Individual Prc�t Approval Letter. Such approvals will include general
conditions as set forth in Chapter 62B-33, F.A.C., and specific conditions applicable to all
dune construction projects as set forth in Appendix D. The letter of approval shall include a
point of entry for challenging the agency action at the meeting. Such approval shall be
posted conspicuously during construction of the artificial dune. The Departrnent will post
notice of its agency action on its website (htt�://www.dep.state.fl.us/beaches/pb-
bma/index.htm).
34
The Department shall deny proposed individual projects not meeting terms of this
Agreement at the meeting. T'his denial does not prejudice the applicant to propose a new
dune design that will meet the design criteria in Appendices D and F-1 or submitting an
application the Tallahassee Office of the Department of Environmental Protection, Division
of Water Resource Management for an alternate dune construction design pursuant to
Chapter 62B-33, F.A.C.
.n Preservation of Third Party Rights
This Agreement is not intended to alter or modify t� rights of third parties to challenge
agency actions. Execution or formal amendment of this Agreement cwnstitutes agency action.
Any Florida corporation not for profit which meets the requirements of subsection 403.412(6),
F.S., and any person whose substantial interests will be determined or affect� by the Agreement
may petition the Department for a formal administrative �g pursuant to se� 120.569 or
120.57, F.S., as set forth in the attached 1Votice of Rights, tt� challenge the provisions of this
Agreement.
If the Department pr� to issue an IPA pursu�t to Article H or I of this Agreement, any
Florida corporation � for profit which meets ti�e r�}uirements of subsection 403.412(6), F.S.,
and any person whose substantial interests will l� determined or affected by IPA under the
Agreement m�y �i�ion DEP fcx a fc�l �dministcative hearing pursuant to section 120.569 or
120.57, F.S., as set for� i� the Nc�ice of Rights �.ttached to the IPA. The scope of a challenge to
an IPA ar c�nial is limited to �hether tt�e agency action complies with this Agreement and any
agency action €�tside the approvals of tkis Agreement taken in the IPA. Agency acrion
previously subject �u challenge ��dministrative review will not be subject to challenge at the
time of IPA.
I� Term of Agreement
This Agreement shall be perpetual, unless modified according to Article N or terminated
according to Article P.
Every five (5) years starting from the effective date of the Agreement, the Department, FWC,
and BMA Participants will evaluate the Agreement to determine if axnendments are necessary to
facilitate its goals. All such amendments will be subject to the requirements of Article N. Every
35
five years the Department shall hold a public information-gathering forum to report on data
collected to date through the BMA process and receive public comment on whether there is
cause for the Agreement to be modified or terminated. Notice of such forum shall be published
the Department's BMA Website (http://www.dep.state.fl.us/beaches/pb-bma/index.htm) and the
Florida Administrative Register at least thirty (30) days prior to the forum. Notice shall also be
provided to the FWC, NMFS, USACE, FWS, and BMA Participants.
L) Effective Date
The effective date of this Agreement shall be the �te c�n wh�ch the last party executed or
abstained from the Agreement.
1Vn Notices
1. Any notices between the BM� Participants and tl� Department shall be cxrnsidered
delivered when sent via email with �"read receipt notifir.�rion" or posted by Certified Mail,
return receipt requested, overnight cc�ier se�rv��, delivered'm person to the Project
Managers at the adc�ses tfelow.
2. Any and all not�ces shall be c�elivered to ��rties at t� following addresses:
BMA PARTICIPANTS DEPARTMENT
[AiAME, TITLE] Depart�ent of Environmental Protection
[LOCAL 5FONSOR] Dieisic�n of Water Resource Management
[ADDRESS] 3900 Commonwealth Blvd., MS 300
[PHt?NE] Tallahassee, Florida 32399-3000
[E-MAII.] (850) 488-7708
e-mail
FWC
Florida Fish and Wildlife Conservation
Commission
620 South Meridian Street
Tallahassee, Florida 32399-1600
36
Any changes to the contact information above must be provided in writing; however, such
change does not have to be a formal amendment to this Agreement.
l� Amendments and Updates
1. This Agreement represents the entire Agreement between the DeparCment, FWC, and the
BMA Participants. Any substantial alterations, variations, changes, modifications, or
waivers of provisions of this Agreement shall only be valid v�rhen they have been reduced to
writing, duly signed by the Department, FWC, and each of the BMA Participants hereto, and
attached to the original of this Agreement, unless athervvise �ovided herein. This
Agreement may be modified at any time by written amendment �gproved by the Department,
FWC, and all BMA Participants. Amendments must be consistent with the provisions of
sections 403.075 and 403.0752, F.S. Such ameudments must also meet t� noricing
requirements of subsection 403.0752(8), F.S. Notice of �h amendments �11 be published
the Department's BMA Website (http://www.dep.state.fl.us/beaches/pb-bmaJindex.htm), in a
newspaper of general circulation in Palm Beach County, a� tlie Florida Administrative
Register at least thirty (3f1) days prior to the agency action.
a. Substantial alterations, variations, changes, modifi�ns, or waivers include, but are
not limited to:
i. 1�c�tion of �v p�ts into the Agr�ment;
ii Changing the locati�n of existing p�ojects such that additional impacts are
anticipated;
iii. Changing project approval �ocedures or criteria for issuance;
iv. Ch�ging monitc�ing or mitigation requirements necessitated by the discovery of
additianal imp�;
v. Changing or eliminaring net ecosystem benefits.
b. The following items are not considered substantial alterations, variations, changes,
modifications, or waivers and do not require written and signed amendment of the
Agreement:
i. Addition of supporting documentation;
ii. Changes made pursuant to a federa.l environmental permit or authorization;
37
iii. Revision of an individual project that does not require a substantial alteration of
the project authorized in Article D of this Agreement;
iv. Changes to the project that reduce the potential for adverse impacts to the coastal
system;
v. Changes to a monitoring plan that better captures project impacts;
vi. Changes to interlocal funding strategies; and
vii. Changes though adaptive management strategies that do not increase the potential
for adverse impacts or lower reasonable assurattce provided by the BMA
Participants for the permitted projects.
2. Formal amendment under this section is required in the eve�tt a BMA Participant wishes
to add a new project to the Agreement.
a. Prior to adding a new project, the Department shall hold a pubti� information-
gathering forum to receive public comment � the proposed additional gmject. Notice of
such forum shall be published tt�e I?epartment's B�A Website
(http://www.dep.state.fl.us/beaches/pb-bma/index.htm) �nd the Florida Administrative
Register at least thirty �30) days pric� to the forum_ Notice shall also be provided to the
FWC, NMFS, USACE, USFWS, and BMA Participa�nis.
b. The BMA Part�ipant prc�posing the new project shall:
i. Ic�e�tify potent�l �v� impacts to the coastal system;
u. Demc�te that #he proposed p�ject is consistent with the Agreement;
iii. Demonstrat� #�at the �c�posed project will not detract from the net ecosystem
benefits;
iv. I}�nstrate how the proposed project will coordinate with existing projects;
v. Propose �ny adciitivnal mitigarion that would be required under this Agreement;
and
vi. Meet all substantive regulatory criteria
3. Adaptive Management Plan
The Department and BMA Participants agree to adaptively manage the projects in the
Agreement Area, using a similar approach as described by the U. S. Department of the
Interior. The Department of the Interior recognizes the importance of natural variability and
uses adaptive management to promote flexible decision making based on an iterative learning
38
process. For the purposes of the BMA, adaptive management will be a means to improve
effective decision-making and enhance protection of coastal resources. The Department and
the BMA Participants agree to adaptively manage by annually:
a. Determining compliance with terms of the agreement;
b. Reviewing monitoring da.ta and survey methods with the assistance of the academic
community to implement adjustrnents to improve the monitoring plans and add scientific
rigor;
c. Reviewing project performance to determine if ati,�ustments to the project design are
necessary to improve upland protection, address sea ievel rise (Williams, B. K., R. C.
Szaro, and C. D. Shapiro, 2009. Adaptive h�nagement: 73� U.S. Department of the
Interior Technical Guide. Adaptive M�gement Working Grtx�g, U.S. Depaitment of
the Interior, Washington, DC.), and redur,e environmental impacts;
d. Responding to new concems (if any) of BA�A P�ipants or supp�s and adjusting
the monitoring and mitigation glans accordingly;
e. Reviewing innovative techna�vgies and new research studies or methodologies for
possible impact cxi t� BMA goals, golices, a�i procedures;
f. Obtaining � requesting third party revie�v af anau�al monitoring data collected under
the BMA;
g. Reviewing any �v Sta�e a�i { or Federally listed species and critical habita.t areas,
a�i updating amy regulat�y required p�tion and minimizarion measures; and
h. Conducting an annual poll (i.e. from turtle monitoring personnel) to determine if any
nesting birds or bird cc�ies have been discovered within the cell. Notification of poll
results sha.11 be sent to FWC for evaluation.
The Town of Palm �� will update the list of groins to be repaired, rehabilita.ted, or
removed every 5 years for groins in Reaches 2-6. This will be incorporated as necessary.
The dune condition areas identified in Article D.3 may change over time. An updated
dune table will be provided every 5 years as an adaptive management strategy.
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O) Emergency Situations
If a force majeure occurs that causes delays or the reasonable likelihood of delay in the
fulfillment of the requirements of this Agreement, the affected BMA Participant shall promptly
notify the Department orally. Within seven (7) days, the BMA Participant shall notify the
Department and FWC in writing of the anticipated length and cause of the delay, the measures
taken or to be taken to minimize the delay and the BMA Participant's intended timetable for
implementation of such measures. If the parties agree that the delay or anticipated delay was
caused, or will be caused by a force majeure, the Department �y, at its discretion, extend the
time for performance under this Agreement for a period of timE equal to the delay resulting from
the force majeure upon execution of an amendment to this Agreem�nt. Such agreement shall be
confirmed by letter from the Department acceptiag, or if necessary, madifying the extension. A
force majeure is an act of God, strike, lockout, or o#her industrial disturbance, act of the public
enemy, war, blockade, public riot, lightning, fire, fla�d, e�cpl�ssion, failure to r�ive timely
necessary third party approvals, and any oth�r cause, whether of the kind specifically enumerated
herein or otherwise, that is not reasonably within the control af the BMA Participant and/or the
Department. Failure to perft�m by the BMA Particip�t's consult�mt(s) or subcontractor(s) shall
not constitute a force �jeure evenL
New coastal const�tion projects in respon� to emergency will require separate
authorization.
P) T�ation/Ezit
1. Depart.ment Terminatic�
The Dep�rtment may tert�tinate or request renegotiation of this Agreement with any
individual BMA Farticipant hy giving thirty (30) days prior written notice to the BMA
Participant if the D�t demonstrates that:
a. There has been a material change in conditions which existed at the time of the
original Agreement such that the intended net ecosystem benefits are not being, or may
not reasonably be expected to be, achieved through continuation of the Agreement.
b. The BMA Participant refused to allow public access to all documents, papers, letters,
or other material made or received by the BMA Participant in conjunction with this
Agreement, unless the records are exempt from S. 24(a) of Article I of the State
Constitution and S. 119.07(1), Florida Statutes.
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c. The BMA Participant is in material breach of the terms of the Agreement.
2. Nothing in this paragraph shall preclude the Department from taking appropriate
enforcement action in lieu of or in combination with termination of the Agreement for
violations of this Agreement or any IPA issued hereunder.
3. BMA Participant Termination
A BMA Participant or FWC may terminate its individual abligation under this
Agreement for any reason by giving thirty (30) days gric�r written notice to the DEP and other
BMA Participants as provided in Article M, provic� that t�e �nitigation commitments
identified in the IPAs are fulfilled or agreements are entered into to ensure fulfillment.
Upon termination of the Agreement or termination by an indivic�l BMA Participant,
previously issued project approvals shall remain in effect f� the durarion af such approval.
The authorized projects will transition to the typical petmit expiration date, b�ginning from
the execution of the IPA for that perticular project. Far the projects initially authorized by
the BMA, this would equal to a 5-year permit � the Sand Transfer Plant, 5-year permits for
groin rehabilitations, a 1�-y�r permit fc� the Mid-Tc�wn Nourisl�ment Project, and a 15-year
permit for the Ph�pps Ocean P�. BMA P�ipants holc�ing such IPAs shall continue to be
subject to the General a��d Specific Conditio�s (Appendices C and D) included in the IPAs
for the p�it�d life of tl� �ject. b�ividual BA�IA Participants who elect to terminate
uns�r this Article �y not utilize the permitting procedures found in Article H and I of this
Agreement.
Following the exit of auy one BMA Participants, the remaining BMA Participants and the
Department mt�t meet to de�nine if changes to the Agreement are necessary to ensure
compliance with t� terms c�f the Agreement that the Net Ecosystem benefits described in
Article F can continue to be achieved. Such changes may require formal amendment of the
Agreement.
Q) Venue and Severability
This Agreement has been delivered in the State of Florida and shall be construed in
accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall
be interpreted in such manner as to be effective and valid under applicable law. If any provision
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of this Agreement shall be prohibited or invalid under applicable law, such provision shall be
ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of
such provision or the remaining provisions of this Agreement. Any action hereon or in
connection herewith shall be brought in Palm Beach County, Florida.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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R) Signatures
IN WTTNESS THEREOF, the parties, by and through the undersigned duly authorized
representatives, have executed this Agreement on the dates set forth below.
Gail L. Coniglio Dr. Donald Clayman
Mayor, Town of Palm Beach Mayor, Town of South Palm Beach
Date: Date:
David 5. Cheifetz Steven L. Abrams
Mayor, Town of Manalapan Mayor,
Date: Palm Be�h County
Date:
David J. S�ewart Nick Wiley, Executive Director
May�, Town of Lan#ana Florida Fish & Wildlife Conservation
Date: Commission
Date:
Pam Triolo Jeff Littlejohn, Deputy Secretary of
Mayor, City of Lake Worth Regulatory Programs
Date: Florida Department of Environmental
Protection
Date:
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