Agenda 06/27/2017 Item #16D1506/27/2017
EXECUTIVE SUMMARY
Recommendation to authorize execution of the Army Corps of Engineers’ (ACOE) Tolling
Agreement for permit compliance at Gordon River Greenway Park.
OBJECTIVE: To satisfy ACOE compliance requirements for Environmental Resource Permit (ERP)
SAJ-2011-00485-MMB prior to the ACOE accepting the County’s necessary extension and modification
of the permit to bring it current and consistent with the existing South Florida Water Management District
(SFWMD) Permit.
CONSIDERATIONS: Prior to construction of the Gordon River Greenway Park (“Park”) the County
was granted ERPs by SFWMD and ACOE in 2012. Both ERPs dealt with construction requirements for,
among other things, the pathways and boardwalks within the Park as shown on the design plans submitted
at the time of permit applications. Due to conditions encountered in the field during construction of the
Park, changes were made to the location and quantity of the pathways as designed and permitted. A
modification to the SFWMD ERP was processed, but the ACOE was not copied on that modification by
SFWMD. Nor does it appear that a separate submittal to the Corps for a modification to ACOE ERP
Permit SAJ-2011-00485-MMB was submitted or processed.
Upon submittal of the annual Monitoring Report earlier this year, the Corps contacted the County
advising that an additional compliance report, extension request, and permit modification submittal would
be required to bring the ACOE ERP consistent with the SFWMD ERP. However, prior to the ACOE
accepting the extension request or modification submittal, the County must execute and return the
attached Tolling Agreement. Staff is currently compiling complete responses to the ACOE’s
requirements.
This Tolling Agreement is a form developed and required by the ACOE, and it was delivered to the
County for execution of two originals within a limited time frame. Accordingly, the County has not made
any modifications to the Corps’ form. This document has been reviewed and approved for execution by
the County Attorney’s Office.
The Tolling Agreement simply puts in place an acknowledgement that we will not dispose of the property
in anyway until we have corrected the permit requirements and if for any reason ACOE did impose any
injunctive relief against the County, ACOE would not calculate any penalty on the time between the
County's execution of the Tolling Agreement and ACOE's final decision on our permit compliance. In
essence it puts a "stop gap" in place until the issue is resolved between the County and ACOE.
FISCAL IMPACT: There is no fiscal impact associated with the execution of the Tolling Agreement.
There are funds available in the Park’s Operating Account Fund 001-156363-634999 for preparation and
processing of the compliance report, extension request, and permit modification submittal.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To authorize the Chair to execute the aforementioned documents, and direct
the County Manager or their designee to proceed to follow all appropriate procedures for delivery of the
duplicate documents to the Army Corps of Engineers.
Prepared by: Barry Williams, Director, Parks & Recreation Division and Sue Zimmerman, Planner, Solid
& Hazardous Waste Management Division
16.D.15
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06/27/2017
ATTACHMENT(S)
1. Tolling Agreement (PDF)
16.D.15
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06/27/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.15
Doc ID: 3352
Item Summary: Recommendation to authorize execution of the Army Corps of Engineers’
(ACOE) Tolling Agreement for permit compliance at Gordon River Greenway Park.
Meeting Date: 06/27/2017
Prepared by:
Title: Operations Analyst – Public Services Department
Name: Hailey Margarita Alonso
06/12/2017 10:21 AM
Submitted by:
Title: Department Head - Public Services – Public Services Department
Name: Steve Carnell
06/12/2017 10:21 AM
Approved By:
Review:
Solid and Hazardous Waste Sue Zimmerman Additional Reviewer Completed 06/12/2017 10:26 AM
Parks & Recreation Barry Williams Additional Reviewer Completed 06/12/2017 10:49 AM
Public Services Department Joshua Hammond Additional Reviewer Completed 06/12/2017 1:02 PM
Public Services Department Sean Callahan Additional Reviewer Completed 06/12/2017 2:14 PM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 06/12/2017 5:26 PM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 06/13/2017 9:37 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/13/2017 9:57 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/14/2017 11:02 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/15/2017 9:03 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/16/2017 3:28 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/17/2017 11:05 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM
16.D.15
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Packet Pg. 1152 Attachment: Tolling Agreement (3352 : Tolling Agreement for permit compliance at Gordon River
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Packet Pg. 1153 Attachment: Tolling Agreement (3352 : Tolling Agreement for permit compliance at Gordon River
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Packet Pg. 1154 Attachment: Tolling Agreement (3352 : Tolling Agreement for permit compliance at Gordon River