Agenda 05/12/2015 Item #16A17
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Letter of Intent to the
United States Army Corps of Engineers for Collier County to serve as a non-Federal sponsor for a
shoreline protection feasibility study within Collier County.
OBJECTIVE : For the Board of County Commissioners (BCC) to approve the execution of a
Letter Of Intent (LOI) to the United States Army Corps of Engineers (USACE) to indicate
Collier County’s willingness to serve as a non-Federal sponsor for the shoreline protection
feasibility study within Collier County.
CONSIDERATIONS : Collier County does not currently receive federal funding through the
USACE for shoreline protection. Most coastal communities throughout the state participate in a
50-year federal grant program for shoreline protection with the USACE. The USACE conducted
a reconnaissance report in 1992 and indicated favorable conditions existed for federal
participation for shoreline protection within Collier County. Collier County however, elected not
to move forward with this program.
In 2007, the Water Resources Development Act authorized a Collier County feasibility study to
determine the feasibility of carrying out a hurricane and flood damage reduction project in the
vicinity of the Vanderbilt, Park Shore, and Naples beaches. However, no funding was
appropriated to undertake this project.
The attached Letter of Intent requests full funding to be budgeted within the USACE budget to
conduct a feasibility cost share agreement, project management plan, and a subsequent feasibility
study in the upcoming Civil Works Investigations Work Plan. It also affirms Collier County’s
willingness to participate as a non-Federal sponsor in the feasibility study.
It is important to note that the Letter of Intent does not contractually bind the County to
participate in the project. As noted in the letter, “it is simply a statement of intent and expression
of interest” that will require further Board approval if the project moves forward.
FISCAL IMPACT : If the feasibility study is authorized by the Secretary of Defense, Collier
County’s non-Federal cost share participation will not exceed $1,500,000. Proposed source of
funding is Tourist Development Tax (TDC).
GROWTH MANAGEMENT IMPACT : There is no impact to the Growth Management Plan
related to this action.
LEGAL CONSIDERATIONS : This item has been approved as to form and legality and
requires majority vote for approval. – CMG
RECOMMENDATION : That the Board of County Commissioners approves and authorizes the
Chairman to execute a Letter of Intent to the United States Army Corps of Engineers (USACE)
for Collier County to serve as a non-Federal sponsor for the shoreline protection feasibility study
within Collier County.
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Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning,
Impact Fees & Program Management
Attachments : A) Army Corps of Engineers Letter of Intent; B) Section 1001 WRDA2014
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.17.
Item Summary: Recommendation to approve and authorize the Chairman to execute a
Letter of Intent to the United States Army Corps of Engineers for Collier County to serve as a
non-Federal sponsor for a shoreline protection feasibility study within Collier County.
Meeting Date: 5/12/2015
Prepared By
Name: HambrightGail
Title: Accountant, Coastal Zone Management
4/29/2015 9:05:20 AM
Submitted by
Title: Accountant, Coastal Zone Management
Name: HambrightGail
4/29/2015 9:05:21 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 4/29/2015 11:30:57 AM
Name: McAlpinGary
Title: Manager - Coastal Management Programs, Coastal Zone Management
Date: 4/29/2015 11:53:03 AM
Name: PattersonAmy
Title: Manager - Impact Fees & EDC, Capital Project Planning, Impact Fees and Program Management
Date: 4/29/2015 2:06:41 PM
Name: Tara Castillo
Title: Management/Budget Analyst, Capital Construction & Maintenance Budget/Fiscal
Date: 4/29/2015 3:05:26 PM
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Name: KearnsAllison
Title: Manager Financial & Operational Support, Capital Construction & Maintenance Budget/Fiscal
Date: 4/29/2015 3:06:24 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/29/2015 3:50:15 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 4/29/2015 4:18:23 PM
Name: MaeEsther
Title: Accountant, Senior, Grants Management Office
Date: 4/29/2015 4:24:02 PM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: 4/29/2015 4:30:50 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/30/2015 8:25:15 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/30/2015 11:23:41 AM
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May 12, 2015
Colonel Alan M. Todd
District Commander
Jacksonville District, U.S. Army Corps of Engineers
701 San Marco Boulevard
Jacksonville, FL 32207-8175
Dear Colonel Todd:
The U.S. Army Corps of Engineers (USACE) prepared a “Collier County, Florida Shore
Protection Study Reconnaissance Report” for Collier County, Florida in response to a
Congressional resolution adopted on April 30, 1992 by the Committee on Public Works and
Transportation of the United States House of Representatives. This investigation included a
reconnaissance of the 32 miles of shoreline in Collier County from the north county line
south to Cape Romano. The reconnaissance study efforts, however, focused on 9 miles of
heavily-developed and eroded shoreline of the Vanderbilt, Park Shore, and Naples beaches.
This area included most of the shoreline from Wiggins Pass to Gordon Pass in Collier
County.
The reconnaissance study was approved. The study concluded that the Vanderbilt, Park
Shore, and Naples beaches were low and flat. The beach widths were extremely narrow at
high tide, providing little protection to upland development and very little recreational
beach. Long-term erosion, coupled with the potential impacts from sea level rise, placed
seawalls, bulkheads, buildings, and other structures in danger of severe damage from
storms. Economic analysis of the erosion problems and possible solutions to those
problems indicated that justification clearly exists for federal participation for shore
protection within Collier County.
In 2007 the following language was included in the Water Resources Development Act
authorizing a Collier County Beaches feasibility study:
Collier County Beaches, Florida
The Secretary shall conduct a study to determine the feasibility of carrying out a
project for hurricane storm damage reduction and flood damage reduction in the
vicinity of Vanderbilt, Park Shore, and Naples beaches, Collier County, Florida.
The Collier County Board of Commissioners (BCC) requests a funded Collier County Shore
Protection Program be included in the USACE upcoming Civil Works Investigations Work
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2
Plan FY 2017 Budget. This should include budgets for the feasibility cost share agreement,
a project management plan, and subsequent feasibility study. The BCC also understands
that the feasibility study, initiated by the Secretary of Defense and enacted by the Water
Resources Development Act, will: Be completed no later than 3 years after initiation; have a
maximum federal cost of $3,000,000; and, ensure 3 levels of review by USACE personnel. It
is the intent of the BCC, with full understanding of the Project Partnership Agreements
requirements, to act as a non-Federal sponsor for the study and subsequent project. The
BCC also understands that if a feasibility study is authorized, then its non-Federal cost
share participation in the feasibility study will not exceed $1,500,000.
As project sponsor, the BCC will be responsible for lands, easements, right of way,
relocations, and disposals necessary for construction, operations and maintenance (less
credits for prior projects), and work-in-kind as permitted by law. It is further understood
the County will be responsible for the non-Federal share of costs to be determined for the
feasibility study and subsequent construction as prescribed in law.
It is further understood that this Letter of Intent does not contractually bind or commit the
BCC to participate in a project. It is simply a statement of intent and expression of interest
in serving as a non-Federal sponsor should a project be identified that meets the needs of
the BCC.
Thank you for your attention to this request. Please feel free to contact Coastal Zone
Manager Gary McAlpin at 239-252-5342 or GaryMcAlpin@colliergov.net if you need
additional information.
Sincerely,
Tim Nance, Chair
Collier County Board of County Commissioners
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128 STAT. 1196 PUBLIC LAW 113–121—JUNE 10, 2014
TITLE I—PROGRAM REFORMS AND
STREAMLINING
SEC. 1001. VERTICAL INTEGRATION AND ACCELERATION OF STUDIES.
(a) I N G ENERAL .—To the extent practicable, a feasibility study
initiated by the Secretary, after the date of enactment of this
Act, under section 905(a) of the Water Resources Development
Act of 1986 (33 U.S.C. 2282(a)) shall—
(1) result in the completion of a final feasibility report
not later than 3 years after the date of initiation;
(2) have a maximum Federal cost of $3,000,000; and
(3) ensure that personnel from the district, division, and
headquarters levels of the Corps of Engineers concurrently
conduct the review required under that section.
(b) E XTENSION .—If the Secretary determines that a feasibility
study described in subsection (a) will not be conducted in accordance
with subsection (a), the Secretary, not later than 30 days after
the date of making the determination, shall—
(1) prepare an updated feasibility study schedule and cost
estimate;
(2) notify the non-Federal feasibility cost-sharing partner
that the feasibility study has been delayed; and
(3) provide written notice to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representa-
tives as to the reasons the requirements of subsection (a) are
not attainable.
(c) T ERMINATIONOF A UTHORIZATION .—A feasibility study for
which the Secretary has issued a determination under subsection
(b) is not authorized after the last day of the 1-year period beginning
on the date of the determination if the Secretary has not completed
the study on or before such last day.
(d) E XCEPTION .—
(1) I NGENERAL .—Notwithstanding the requirements of sub-
section (c), the Secretary may extend the timeline of a study
by a period not to exceed 3 years, if the Secretary determines
that the feasibility study is too complex to comply with the
requirements of subsections (a) and (c).
(2) F ACTORS .—In making a determination that a study
is too complex to comply with the requirements of subsections
(a) and (c), the Secretary shall consider—
(A) the type, size, location, scope, and overall cost
of the project;
(B) whether the project will use any innovative design
or construction techniques;
(C) whether the project will require significant action
by other Federal, State, or local agencies;
(D) whether there is significant public dispute as to
the nature or effects of the project; and
(E) whether there is significant public dispute as to
the economic or environmental costs or benefits of the
project.
(3) N OTIFICATION .—Each time the Secretary makes a deter-
mination under this subsection, the Secretary shall provide
written notice to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
Time period.
Determination.
Time period.
Notification.
Cost estimate.
Determination.
Deadline.
Reports.
Deadline.
33 USC 2282c.
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128 STAT. 1197 PUBLIC LAW 113–121—JUNE 10, 2014
and Infrastructure of the House of Representatives as to the
results of that determination, including an identification of
the specific 1 or more factors used in making the determination
that the project is complex.
(4) L IMITATION .—The Secretary shall not extend the
timeline for a feasibility study for a period of more than 7
years, and any feasibility study that is not completed before
that date shall no longer be authorized.
(e) R EVIEWS .—Not later than 90 days after the date of the
initiation of a study described in subsection (a) for a project, the
Secretary shall—
(1) take all steps necessary to initiate the process for com-
pleting federally mandated reviews that the Secretary is
required to complete as part of the study, including the environ-
mental review process under section 1005;
(2) convene a meeting of all Federal, tribal, and State
agencies identified under section 2045(e) of the Water Resources
Development Act of 2007 (33 U.S.C. 2348(e)) that may be
required by law to conduct or issue a review, analysis, or
opinion on or to make a determination concerning a permit
or license for the study; and
(3) take all steps necessary to provide information that
will enable required reviews and analyses related to the project
to be conducted by other agencies in a thorough and timely
manner.
(f) I NTERIM R EPORT .—Not later than 18 months after the date
of enactment of this Act, the Secretary shall submit to the Com-
mittee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives and make publicly available a report that
describes—
(1) the status of the implementation of the planning process
under this section, including the number of participating
projects;
(2) a review of project delivery schedules, including a
description of any delays on those studies participating in the
planning process under this section; and
(3) any recommendations for additional authority necessary
to support efforts to expedite the feasibility study process for
water resource projects.
(g) F INAL R EPORT .—Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of Representa-
tives and make publicly available a report that describes—
(1) the status of the implementation of this section,
including a description of each feasibility study subject to the
requirements of this section;
(2) the amount of time taken to complete each feasibility
study; and
(3) any recommendations for additional authority necessary
to support efforts to expedite the feasibility study process,
including an analysis of whether the limitation established
by subsection (a)(2) needs to be adjusted to address the impacts
of inflation.
Public
information.
Public
information.
Meeting.
Deadline.
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128 STAT. 1198 PUBLIC LAW 113–121—JUNE 10, 2014
SEC. 1002. CONSOLIDATION OF STUDIES.
(a) I N G ENERAL .—
(1) R EPEAL .—Section 905(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2282(b)) is repealed.
(2) C ONFORMINGAMENDMENT .—Section 905(a)(1) of the
Water Resources Development Act of 1986 (33 U.S.C.
2282(a)(1)) is amended by striking ‘‘perform a reconnaissance
study and’’.
(b) C ONTENTSOF F EASIBILITY R EPORTS .—Section 905(a)(2) of
the Water Resources Development Act of 1986 (33 U.S.C. 2282(a)(2))
is amended by adding at the end the following: ‘‘A feasibility report
shall include a preliminary analysis of the Federal interest and
the costs, benefits, and environmental impacts of the project.’’.
(c) F EASIBILITY S TUDIES .—Section 905 of the Water Resources
Development Act of 1986 (33 U.S.C. 2282) is amended by adding
at the end the following:
‘‘(g) D ETAILED P ROJECT S CHEDULE .—
‘‘(1) I NGENERAL .—Not later than 180 days after the date
of enactment of this subsection, the Secretary shall determine
a set of milestones needed for the completion of a feasibility
study under this subsection, including all major actions, report
submissions and responses, reviews, and comment periods.
‘‘(2) D ETAILEDPROJECTSCHEDULEMILESTONES .—Each Dis-
trict Engineer shall, to the maximum extent practicable, estab-
lish a detailed project schedule, based on full funding capability,
that lists all deadlines for milestones relating to feasibility
studies in the District developed by the Secretary under para-
graph (1).
‘‘(3) N ON -FEDERALINTERESTNOTIFICATION .—Each District
Engineer shall submit by certified mail the detailed project
schedule under paragraph (2) to each relevant non-Federal
interest—
‘‘(A) for projects that have received funding from the
General Investigations Account of the Corps of Engineers
in the period beginning on October 1, 2009, and ending
on the date of enactment of this subsection, not later than
180 days after the establishment of milestones under para-
graph (1); and
‘‘(B) for projects for which a feasibility cost-sharing
agreement is executed after the establishment of milestones
under paragraph (1), not later than 90 days after the
date on which the agreement is executed.
‘‘(4) C ONGRESSIONALANDPUBLICNOTIFICATION .—Beginning
in the first full fiscal year after the date of enactment of
this subsection, the Secretary shall—
‘‘(A) submit an annual report that lists all detailed
project schedules under paragraph (2) and an explanation
of any missed deadlines to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives; and
‘‘(B) make publicly available, including on the Internet,
a copy of the annual report described in subparagraph
(A) not later than 14 days after date on which a report
is submitted to Congress.
Public
information.
Web posting.
Records.
Deadline.
Reports.
Effective date.
Time period.
Deadlines.
Certified mail.
Deadline.
Determination.
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