Loading...
VB Waterways MSTU Agenda 05/05/202238.A.2 Packet Pg. 1307 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 Vanderbilt Waterway MSTU Advisory Committee 8300 Radio Road Naples, FL 34104 MAY 5, 2022 10:00 AM Committee Members and Project Manager will meet at Claussen Family Center at St. John’s Church 625 111TH Ave., Naples, FL All others are encouraged to attend via Zoom video conference I. Call to order and Pledge of Allegiance II. Attendance Advisory Committee Clint Cuny- Chair (2/12/25) Nancy Koeper Vice Chair (2/12/23) Vacant (2/12/23) Thomas M. Burke (2/12/25) Rob Talford (2/12/23) Staff Harry Sells – PTNE Project Manager Michelle Arnold – PTNE Director Transcriptionist Wendy Warren III. Welcome to New Member Rob Talford IV. Approval of Agenda V. Discussion on Allowing Thomas Burke Participate via Zoom VI. Approval of Minutes – March 4, 2021 VII. Consideration of new member,- Pam Marsal Resignation April 15, 2022 a. Charles Goodrich b. Charles Kelly c. Raymond Placid VIII. Project Manager Report - Harry Sells A. Channel Status Procedure for future dredging. B. Budget Report 1. FY 2 2 Budget Report 2. Long Term Maintenance Plan 3. FY 2 3 Proposed Budget Discussion IX. Old Business X. New Business XI. Public Comments XII. Member Comments XIII. Adjourn NEXT MEETING DATE : TO BE DETERMINED 38.A.2 Packet Pg. 1308 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) Vanderbilt Waterway MSTU Advisory Committee 2399 East Tamiami Trail Suite 103 Naples, FL 34112 MARCH 3, 2022 10:00 A.M. 8300 Radio Road Naples Fl 34104 I. Call to order and Pledge of Allegiance The meeting was called to order by Chair Cuny at 10:00 AM. A quorum of four was present. The Pledge of Allegiance was recited. II. Attendance Advisory Committee Clint Cuny - Chair Pam Marsal – Vice Chair Thomas M. Burke Nancy Koeper Vacancy Staff Harry Sells – Project Manager Michelle Arnold – PTNE Director Rosio Garcia – Operations Coordinator Transcriptionist Wendy Warren - Premier Staffing III. Approval of Agenda Chair Cuny moved to approve the March 3, 2022, Agenda of the Vanderbilt Waterway M.S.T.U. as amended: Add: V. Election of Officers - B. Advisory Committee Member Application. Second by Ms. Koeper. Carried unanimously 4 - 0. IV. Approval of Minutes for February 4, 2021 Chair Cuny moved to approve the minutes of the February 4, 2021, Vanderbilt Waterway M.S.T.U. meeting as presented. Second by Mr. Burke. Carried unanimously 4 - 0. V. Election of Officers and Advisory Committee Member Application Mr. Sells reported Vincent Fantegrossi resigned from the Vanderbilt Waterway M.S.T.U. Advisory Committee. A. Election of Officers Election of Officers 2022-2023 i. Nominations for Chair Ms. Koeper nominated Clint Cuny for the position of Chair of the Vanderbilt Waterway M.S.T.U. Advisory Committee for one year, or until a successor is appointed. Second by Mr. Burke. Carried unanimously 4 – 0. Nominations were closed and no others were tendered. Mr. Cluny retained the Chair. 38.A.2 Packet Pg. 1309 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 2 ii. Nominations for Vice Chair Chair Cuny nominated Nancy Koeper for the position of Vice Chair of the Vanderbilt Waterway M.S.T.U. Advisory Committee for one year, or until a successor is appointed. Second by Ms. Marsal. Carried unanimously 4 – 0. Nominations were closed and no others were tendered. Ms. Koeper assumed her position as Vice Chair of the Committee. B. Advisory Committee Member Application Consider Robert R. Talford as member of Advisory Committee Mr. Talford’s application for the vacant position on the Vanderbilt Waterway M.S.T.U. Advisory Committee was distributed to the Committee for consideration. Mr. Talford shared his credentials with the Committee and expressed his desire to participate as a member of the Advisory Committee. Chair Cuny motioned to recommend the Board of County Commissioners appoint Robert R. Talford to the Vanderbilt Waterway M.S.T.U. Advisory Committee for a four-year term. Second by Ms. Koeper. Carried unanimously 4 – 0. VI. Project Managers Report A. Channel Status • Humiston & Moore Engineers “After Dredge Survey” was completed January 15, 2020 and Mean Low Tide depth deemed satisfactory at about 6.5 feet. • The Committee requested Staff review the status of channel markers in Wiggins Pass near the intersection of Water Turkey Bay to determine if they need to be repaired or replaced. B. Budget Report 1. FY-22 Budget Report Vanderbilt Waterway MSTU Fund Budget 168 dated February 15, 2022” • The FY-22 Millage rate remains constant at 0.3000 mills. • Current Ad Valorem Tax, Line 1, is $403,500.00. • Transfers and Contributions, Line 10, are $167,714.00; a carry-over of unexpended FY-21 funds. • Total Revenue, Line 11, is $570,500.00, including investment interest, transfers, and contributions. • Operating Expense, Line 19, is budgeted at $89,200.00; with current Commitments of $5,727.49, Expenditures of $86.79, and a Budget Remainder (unspent operating funds) of $83,385.72. • Transfer to Fund 111, Line 20, in the amount of $11 ,600.00, is for M.S.T.U. Staff salaries and accrued County overhead related to M.S.T.U. operations. • ADV/REPAY 001 General Fund, Line 21, in the amount of 118,400.00, is payment on the loan balance by the Office of Budget Management (OMB). • ADV/REPAY 001 General Fund: A final payment in the amount of $118,400.00 to sat- isfy the loan balance will be processed in FY-22. 38.A.2 Packet Pg. 1310 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 3 • Transfer to the Property Appraiser, Line 23, in the amount of $4,500.00, is for computa- tion of M.S.T.U. Ad Valorem data for the tax rolls. • Transfer to the Tax Collector, Line 24, in the amount of $12,900.00, is for collection of M.S.T.U. millage as part of the tax bill, currently 0.3000 mills. • The OMB budgeted Capital Reserves, Line 27, at $209,500.00, to fund long term maintenance and potential damage from catastrophic events. • Total Budget, Line 28, lists FY-22 M.S.T.U. budgeted funds at $570,500.00; with tabu- lated Commitments of $5,727.49, Expenditures of $127,116 .62, and a Budget Remain- der (total unspent funds) of $437,655.89. • The Budget Remainder of $437,655.89 will be reduced by $118,400.00 when the ADV/REPAY 001 General Fund transfer is processed for final loan payment, Total cost of the Water Turkey Bay dredging project including the survey was $711,000.00 2. Long Term Maintenance Plan The Vanderbilt Waterway Maintenance Plan FY-23 identifies community assets and defines financial requirements to maintain the assets. • The report addresses timelines for future surveying and dredging of Water Turkey Bay. • The three 2019 dredging events for Water Turkey Bay, Wiggins Pass and Caxambas Pass were combined to save mobilization costs. • Future dredging is an unknown and may be borne by the MSTU in its entirety. • The channel may require sectional dredge or complete dredge to a depth of 6.5 feet. • Long term maintenance projected expense for Vanderbilt Waterway is estimated at $1, 630,000.00. • A “Capital Replacement Reserve” of $190,800.00 will be reflected in the FY-23 budget. 3. FY-23 Proposed Budget Discussion A preliminary FY-23 budget, effective October 1, 2022, with a millage rate consistent with FY-22 was presented for informational purposes. • Total Revenue, Line 1, is estimated at $503,350.00, including Ad Valorem tax revenue, investment interest, transfers, and contributions (minus a 5% reserve). • Operating Expense is estimated at $106,700.00. • Reserve for Capital Expenditures of $361,650.00 includes anticipated carry over of FY- 22 funds in the amount of $187,200. • The FY-23 budget will be presented to the Committee for recommendation to the Board of County Commissioners (BCC). Millage Rate: The Committee will evaluate the Millage Rate with consideration for current and future expenses and adopt a “Millage Neutral” or “Revenue Neutral” policy as defined below: • Revenue Neutral: Lower the current millage rate to maintain the FY-22 income level. • Millage Neutral: Maintain the current millage rate, increasing revenue equal to the Ad Valorem property value increase assessed by the County appraiser. Committee consensus is to adopt a Millage Neutral policy for FY-23. VII. Old Business None 38.A.2 Packet Pg. 1311 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 4 VIII. New Business CMA #5422, Hybrid Remote Public Meetings The document “CMA #5411, Hybrid Remote Public Meetings’” dated October 1, 2021, was provided to members for an opportunity to review the requirements for hybrid remote public meetings that may be conducted to facilitate the telephonic or remote participation of members of boards, committees, agencies, staff, consultants, and the public. The meeting utilizes both in- person and remote participation via communications media technology. Instruction for Conducting a Hybrid Remote Public Meeting includes: • Authorization of the County Manager or their designee. • A hybrid remote public meeting notice providing all information required by law for an in-person public meeting. • An opportunity for remote public comment. • If a quorum is physically present, the participation of an absent member by communica- tions media technology is permissible when such absence is due to extraordinary circum- stances. Advisory Committee Application Pam Marsal announced intent to tender her resignation from the Vanderbilt Waterway Advisory Committee. Mr. Sells reported the vacant position on the Committee will be advertised in accordance with the County policy. Residency within the boundaries of the M.S.T.U. and voter registration are requirements for membership. He noted the M.S.T.U.’s duties and responsibilities reflect the common interest of the community. It is a County run authority taxing all property owners within the defined boundaries. Monies must be expended for the equal benefit of all those within the M.S.T.U. Applications for member consideration will be presented at a future meeting. IX. Public Comments None X. Member Comments Referencing the minutes of the February 4, 2021, meeting, Chair Cuny queried regarding responsibility for the inner coastal waterway north of Wiggins Pass to Bonita Beach Road, citing the water depth is less than Water Turkey Bay. Mr. Sells noted the area is the responsibility of Coastal Zone Management. The County project for beach renourishment and dredging are funded by the Tourist Tax. Mr. Sells will inquire of the entity responsible for the inner coastal waterway if they plan to dredge the area from Wiggins Pass to Bonita Beach Road and update the Committee at a future meeting. 38.A.2 Packet Pg. 1312 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 5 XI. Adjourn There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:03 P.M. VANDERBILT BEACH WATERWAY MSTU ADVISORY COMMITTEE ______________________________________ Clint Cuny, Chairman The minutes approved by the Advisory Committee on ,2022 “as submitted” [___] or “as amended” [___]. NEXT MEETING: TO BE DETERMINED 38.A.2 Packet Pg. 1313 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 3/4/2022 5:16:03 PM. Name: Charles Goodrich Home Phone: 203-962-1640 Home Address: 239 Conners Ave City: Naples Zip Code: 34108 Phone Numbers Business: 203-962-1640 E-Mail Address: cfgoodrich@gmail.com Board or Committee: Vanderbilt Waterway Municipal Service Taxing Unit Advisory Committee Category: Not indicated Place of Employment: semi-retired - investor How long have you lived in Collier County: 4-5 How many months out of the year do you reside in Collier County: 6-9 Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? No Not Indicated Do you or your employer do business with the County? No Not Indicated NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or 38.A.2 Packet Pg. 1314 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) recommendations made by this advisory board? No Not Indicated Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? No Not Indicated Please list your community activities and positions held: New York Yacht Club - active on two busy committees IC37 Class Assocation - Board of Directors Storm Trysail Club - membership committee Gorilla Guardian (Rwanda) non-profit - Treasurer Stamford Yacht Club - past Board member Yacht Racing Assocation of L.I. - past Board member Education: MAINE MARITIME ACADEMY, Castine ME Bachelor of Science, Nautical Science, 1986 Experience / Background Penn Maritime Inc, US flag oil tanker owners transporting bulk petroleum - various middle and upper- level management positions, 1990-2013 Moran Towning Inc, coastal US tugboat operator, 1986-1990 38.A.2 Packet Pg. 1315 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 3/4/2022 4:27:56 PM. Name: Charles M Kelly Jr Home Phone: 239-572-2919 Home Address: 273 Egret Avenue City: NAPLES Zip Code: 34108 Phone Numbers Business: 239-262-3453 E-Mail Address: ckelly@flinttrust.com Board or Committee: Vanderbilt Waterway Municipal Service Taxing Unit Advisory Committee Category: Not indicated Place of Employment: Kelly, Passidomo & Kelly How long have you lived in Collier County: more than 15 How many months out of the year do you reside in Collier County: I am a year-round resident Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? No Not Indicated Do you or your employer do business with the County? No Not Indicated NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or 38.A.2 Packet Pg. 1316 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) recommendations made by this advisory board? No Not Indicated Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? No Not Indicated Please list your community activities and positions held: Trustee Wingedfoot Scholarship Foundation Trustee Collier Harvest Education: BS Florida Southern 1979 JD Cumberland School of Law 1982 LLM (Masters of Law) Univ. of Miami 1985 Experience / Background Avid boater since moving to Naples in 1966 Lawyer and CPA 38.A.2 Packet Pg. 1317 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 3/14/2022 12:11:19 PM. Name: Raymond Placid Home Phone: 239-784-4019 Home Address: 429 Flamingo Avenue City: Naples Zip Code: 34108 Phone Numbers Business: E-Mail Address: Rplacid@comcast.net Board or Committee: Vanderbilt Waterway Municipal Service Taxing Unit Advisory Committee Category: Advisory board Place of Employment: Florida Gulf Coast University How long have you lived in Collier County: more than 15 How many months out of the year do you reside in Collier County: I am a year-round resident Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? No Not Indicated Do you or your employer do business with the County? No Not Indicated NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or 38.A.2 Packet Pg. 1318 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) recommendations made by this advisory board? No Not Indicated Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? No Not Indicated Please list your community activities and positions held: Extensive boating and waterway experience Education: Bachelor, Masters, and law degree Experience / Background I have been boating in Turkey Key for over 20 years and I am very familiar with the ecosystem and the waterway 38.A.2 Packet Pg. 1319 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) Regulatory Division West Permits Branch Fort Myers Permits Section SAJ-1997-02755(NW -EPL) Gary McAlpin Collier County 2685 South Horseshoe Rd., Unit 103 Naples, FL 34104 Dear Mr. McAlpin: Your application for a Department of the Army permit received on May 24, 2019 has been assigned number SAJ-1997-02755. A review of the information and drawings provided shows the proposed work is to maintenance dredge accumulated sediments from the Vanderbilt Channel in Water Turkey Bay which provides recreational boating access to residential and commercial boat slips within the Vanderbilt Drive area of Naples, FL. The proposed project will result in the removal of 28,500 cubic yards of dredge material from the channel to restore a uniform depth of -5.5 feet previously authorized under the same permit number. The project will utilize a nearby, nearshore disposal area authorized under SAJ-2004-07621 for the disposal of the dredged material. The project would affect waters of the United States associated within Water Turkey Bay, and is located at 26.283298 N, -81.826086 W in Sections 17 & 20, Township 48 South, Range 25 East, Naples, Collier County, Florida. Your project, as depicted on the enclosed drawings (Attachment I), is authorized by Nationwide Permit (NWP) 35. This authorization is valid until March 18, 2022. Please access the Corps' Jacksonville District Regulatory Division Internet page to view the special and general conditions for NWP-35, which apply specifically to this authorization. The Internet URL address is: http://www.saj.usace.army.mil/Missions/Regulatory.aspx Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Once there you will need to click on “Source Book”; and, then click on “Nationwide Permits”. Then you will need to click on the specific NWP permit noted above. You must comply with all of the special and general conditions of the permit; and, any project-specific conditions noted below, or you may be subject to enforcement action. The following project-specific conditions are included with this authorization: DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 1520 Royal Palm Square Blvd, Suite 310 Fort Myers, FL 33919 October 31, 2019 REPLY TO ATTENTION OF 38.A.2 Packet Pg. 1320 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) -2- The following special conditions are to ensure compliance with the federal permit and to minimize impacts to the aquatic environment. 1. Reporting Address: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to the following address: a. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Special Projects and Enforcement Branch, 701 San Marco Blvd., Jacksonville, FL 32207. b. For electronic mail CESAJ-ComplyDocs@usace.army.mil (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ-1997-02755 (NW-EPL), on all submittals. 2. Self-Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached “Self -Certification Statement of Compliance” form and submit it to the Corps (Attachment II). In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the “Self-Certification Statement of Compliance” form. The description of any deviations on the “Self-Certification Statement of Compliance” form does not constitute approval of any deviations by the Corps. 3. Commencement Notification: Within 10 days from the date of initiating the work authorized by this permit the Permittee shall submit a completed “Commencement Notification” Form (Attachment III). 4. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized repres entative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 38.A.2 Packet Pg. 1321 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) -3- 5. Posting of Permit: The Permittee shall have available and maintain for review a copy of this permit and approved plans at the construction site. 6. Dredge Method: This verification applies only to mechanical and hydraulic dredging activities, it does not authorize hopper dredging. 7. Dredged Material Disposal: All dredged material must be placed in a Corps- verified upland disposal site, EPA or Corps designated open water disposal site, Corps Dredged Material Management Area, or Corps-approved beneficial use sites for mitigation or restoration, as long as it meets the following: • The disposal sites shall employ erosion control measures such as upland erosion control, such as filtration or berms, or in-water turbidity curtains. • Handling and storage of dredged material must be completed in a manner that prevents sedimentation, erosion, and turbidity during dewatering, overflow, transferring, and storage of the dredged material. For example, the overwater transfer of dredge material should either contain the dredged material and any water to prevent sedimentation or employ other methods, such as turbidity curtains in the marine environment, to ensure that any turbidity generated as the water is returned to the marine environment is contained. If the applicant conducts sediment testing voluntarily or in compliance with other law, and such testing indicates high levels of contaminants in the sediments to be dredged, water from dewatering should not be released back into the marine environment. 8. Dredged Material Disposal Location: This verification authorizes use of an existing permitted nearshore disposal area associated with Corps permit SAJ- 2004-07621, identified as “North Nearshore Disposal Area”. Use of this disposal area is authorized under condition that the permit authorizing the disposal area (SAJ-2004-07621) remains valid and in compliance. The Permittee shall comply with all special conditions included within SAJ-2004-07621 regarding material disposal and the proposed disposal site. Shall the disposal site permit become uncompliant or expire, the Permittee shall request approval from the Corps to utilize an alternative disposal location. 9. Agency Changes/Approvals: Should any other agency require and/or approve changes to the work authorized or obligated by this permit, the 38.A.2 Packet Pg. 1322 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) -4- Permittee is advised a modification to this permit instrument is required prior to initiation of those changes. It is the Permittee’s responsibility to request a modification of this permit from the Fort Myers Permits Section. The Corps reserves the right to fully evaluate, amend, and approve or deny the req uest for modification of this permit. 10. Regional Biological Opinion: Hydraulic and mechanical dredging is approved under the current National Marine Fisheries Service (NMFS) Gulf Regional Biological Opinion (GRBO) and its references which can be viewed on the following website: https://www.fisheries.noaa.gov/content/endangered -species-act-section-7- biological-opinions-southeast The Permittee is responsible for obtaining and complying with the GRBO. If the Permittee is unable to view the GRBO at this website, the Permittee shall contact the Corps to receive a copy of the GRBO. The Permittee shall implement all reasonable and prudent measures identified in the GRBO NMFS has issued the GRBO to the Corps for dredge projects that limit the take of listed turtles, whales, sturgeon, sawfish, and any other species listed in the GRBO. Authorization under this permit is conditional upon compliance with all of the mandatory terms and conditions associated with the GRBO, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with the GRBO, where a take of the listed species occurs, would constitute noncompliance with this permit. Failure to comply with this permit will be the basis for suspension and revocation of this permit and may be the basis for other enforcement action. NMFS has directed that this GRBO issued to the Corps serve as the formal consultation for all dredge projects in the area covered by the GRBO; however, where the terms and conditions of the GRBO differ from the special conditions of this permit, the special conditions of this permit will take precedence as the more stringent condition. 11. Sea turtle and smalltooth sawfish conditions: The Permittee shall comply with National Marine Fisheries Service's “Sea Turtle and Smalltooth Sawfish Construction Conditions,” dated March 23, 2006, attached to this permit (Attachment IV). 12. Manatee Conditions: The Permittee shall abide by the enclosed standard construction conditions designed to protect the endangered West Indian manatee, 2011 (Attachment V). 38.A.2 Packet Pg. 1323 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) -5- 13. Incidental Take Statement: This permit does not authorize the Permittee to take an endangered species, in particular sea turtles, sturgeon, whales or any other endangered species listed in the GRBO. The GRBO includes an Incidental Take Statement (ITS) issued to the Corps. The Permittee understands and agrees that, even where it is in full compliance with the terms and conditions of the GRBO and this permit, incidental take by the Permittee or other hopper dredging operations within the area covered by the GRBO may result in suspension or modification of this permit by the Corps. The amount of incidental take that will trigger suspension, and the need for any such suspension, shall be determined at the discretion of the Corps. The Permittee understands and agrees on behalf of itself, its agents, contractors, and other representatives, no claim, legal action in equity or for damages, adjustment, or other 14. Points of Contact: The Permittee shall provide a list of all points of contact associated with the project at the same time the notice of commencement to the address identified in Reporting Address Special Condition. The list should include area of responsibility and contact information for each point of contact. 15. Turbidity Barriers: If turbidity barriers are used, they shall be made of a material so that manatees or swimming sea turtles cannot become entangled, shall be properly secured and shall be regularly monitored to avoid entanglement or entrapment. These barriers must no impede manatee or swimming sea turtle movement. 16. As -Built Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall submit as-built drawings of the authorized work and a completed “As-Built Certification By Professional Engineer” form to the Corps (Attachment VI). The as-built drawings shall be signed and sealed by a registered professional engineer and include the following: a. A plan view drawing of the location of the authorized work footprint, as shown on the permit drawings, with transparent overlay of the work as constructed in the same scale as the permit drawings on 8½-inch by 11-inch sheets. The plan view drawing should show all "earth disturbance," including wetland impacts and water management structures. b. A list of any deviations between the work authorized by this permit and the work as constructed. In the event that the completed work deviates, in any manner, from the authorized work, describe on the attached “As-Built Certification By Professional Engineer” form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the 38.A.2 Packet Pg. 1324 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) -6- as-built drawings any deviations that have been listed. Please note that the depiction and/or description of any deviations on the drawings and/or “As -Built Certification By Professional Engineer” form does not constitute approval of any deviations by the Corps. c. Include the Department of the Army permit number on all sheets submitted. 17. Buoys: Where buoys are used to mark pipelines, the Permittee shall use light weight chain, non-looping wire rope, or plastic sheathing around nylon rope to secure the buoy line to the pipeline to prevent looping 18. Historic Properties: a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work and ground-disturbing activities within a 100-meter diameter of the discovery and notify the Corps within the same business day (8 hours). The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition ; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non- federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. 38.A.2 Packet Pg. 1325 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) -7- d. In the unlikely event that unmarked human remains are identified on non- federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist and from the Corps. This authorization does not include conditions that would prevent the ‘take’ of a state - listed fish or wildlife species. These species are protected under sec. 379.411, Florida Statutes, and listed under Rule 68A-27, Florida Administrative Code. With regard to fish and wildlife species designated as species of special concern or threatened by the State of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC license and permitting webpage (http://www.myfwc.com/license/wildlife/) for more information, including a list of those fish and wildlife species designated as species of special concern or threatened. The Florida Natural Areas Inventory (http://www.fnai.org/) also maintains updated lists, by county, of documented occurrences of those species. This authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local buildin g restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood-prone area, and if you must comply with the local building requirements mand ated by the National Flood Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NW P, please contact Eric Larrat by telephone at 239-334-1975. Thank you for your cooperation with our permit program. The Corps’ Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to pres erve our environment. We invite you to complete our automated Customer Service Survey at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware 38.A.2 Packet Pg. 1326 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) -8- this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated – favorable or otherwise. Sincerely, Eric P. Larrat Project Manager Enclosures Attachment I: Project Drawings Attachment II: Self-Certification of Compliance Attachment III: Commencement Notification Form Attachment IV: Smalltooth Sawfish and Sea Turtle Conditions Attachment V: Manatee In-Water Work Conditions Attachment VI: As-Built Certification By Professional Engineer Form Attachment VII: Permit Transfer Request Form 38.A.2 Packet Pg. 1327 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) GENERAL CONDITIONS 33 CFR PART 320-330 1. The time limit for completing the work authorized ends on the dates identified in the letter. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you m ust obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit 38.A.2 Packet Pg. 1328 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) ATTACHMENT I 38.A.2 Packet Pg. 1329 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 38.A.2Packet Pg. 1330Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 38.A.2Packet Pg. 1331Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 38.A.2Packet Pg. 1332Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 38.A.2Packet Pg. 1333Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 38.A.2Packet Pg. 1334Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 38.A.2Packet Pg. 1335Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 38.A.2Packet Pg. 1336Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 38.A.2Packet Pg. 1337Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 38.A.2Packet Pg. 1338Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 38.A.2Packet Pg. 1339Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 38.A.2 Packet Pg. 1340 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 38.A.2 Packet Pg. 1341 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 38.A.2 Packet Pg. 1342 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) 38.A.2 Packet Pg. 1343 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) ATTACHMENT II 38.A.2 Packet Pg. 1344 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) Dated 9/18/2019 SELF-CERTIFICATION STATEMENT OF COMPLIANCE Within sixty (60) days of completion of the authorized work, submit this form via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, not to exceed 15MB) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. 1. Department of the Army Permit Number: SAJ-______-______ (_____-____) 2. Permittee Information: Name: ____________________________________________ Email: ____________________________________________ Address: __________________________________________ __________________________________________ Phone: ___________________________________________ 3. Date Authorized Work Started: _________________ Completed: _______________ 4. Contact to Schedule Inspection: Name: ____________________________________ Email: ____________________________________ Phone: ___________________________________ 5. Description of Authorized Work (e.g. bank stabilization, fill placed within wetlands, docks, dredging, etc.): ________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 6. Acreage or Square Feet of Impacts to Waters of the United States: _________________ 7. Describe Mitigation completed (if applicable): __________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 8. Describe any Deviations from Permit (attach drawing(s) depicting the deviations): ____________________________________________________________________________ ____________________________________________________________________________ ******************** I certify that all work and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). ______________________________ Signature of Permittee ______________________________ Printed Name of Permittee ______________________________ Date 38.A.2 Packet Pg. 1345 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22)1997 02755 NW EPL ATTACHMENT III 38.A.2 Packet Pg. 1346 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) Dated 9/18/2019 COMMENCEMENT NOTIFICATION Within ten (10) days of initiating the authorized work, submit this form via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, not to exceed 15 MB) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. 1. Department of the Army Permit Number: SAJ-_____-______(_____-____) 2. Permittee Information: Name: __________________________________________ Email: __________________________________________ Address: __________________________________________ __________________________________________ Phone: __________________________________________ 3. Construction Start Date: ______________________ 4. Contact to Schedule Inspection: Name: __________________________________________ Email: __________________________________________ Phone: __________________________________________ ______________________________ Signature of Permittee ______________________________ Printed Name of Permittee ______________________________ Date 38.A.2 Packet Pg. 1347 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22)1997 02755 NW EPL ATTACHMENT IV 38.A.2 Packet Pg. 1348 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water-related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service’s Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at “no wake/idle” speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will preferentially follow deep-water routes (e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service’s Protected Resources Division (727-824- 5312) and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. Revised: March 23, 2006 O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc 38.A.2 Packet Pg. 1349 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) ATTACHMENT V 38.A.2 Packet Pg. 1350 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) STANDARD MANATEE CONDITIONS FOR IN-WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. 38.A.2 Packet Pg. 1351 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) CAUTION: MANATEE HABITAT All project vessels IDLE SPEED / NO WAKE When a manatee is within 50 feet of work all in-water activities must SHUT DOWN Report any collision with or injury to a manatee: Wildlife Alert: 1-888-404-FWCC (3922) cell * FWC or #FWC 38.A.2 Packet Pg. 1352 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway ATTACHMENT VI 38.A.2 Packet Pg. 1353 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) AS -BUILT CERTIFICATION BY PROFESSIONAL ENGINEER Within sixty (60) days of completion of the authorized work, submit this form and one set of as- built engineering drawings via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, but not to exceed 15 MB) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. If you have questions regarding this requirement, please contact the Enforcement Branch at 904-232-3131. 1. Department of the Army Permit Number: SAJ-____-_____ (____-____) 2. Permittee Information: Name: _____________________________________________ Address: _____________________________________________ _____________________________________________ 3. Project Site Identification (physical location/address): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. As-Built Certification: I hereby certify that the authorized work, including any mitigation required by Special Conditions to the permit, has been accomplished in accordance with the Department of the Army permit with any deviations noted below. This determination is based upon on-site observation, scheduled and conducted by me or by a project representative under my direct supervision. I have enclosed one set of as-built engineering drawings. ________________________________ _______________________________________ Signature of Engineer Name (Please type) ________________________________ _______________________________________ (FL, PR, or VI) Reg. Number Company Name ________________________________ _____________________ ____________ City State ZIP (Affix Seal) ___________________________________ _______________________________________ 38.A.2 Packet Pg. 1354 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22)1997 02755 NW EPL -2- Dated 9/18/2019 Date Telephone Number Date Work Started:____________________ Date Work Completed:______________________ Identify any deviations from the approved permit drawings and/or special conditions (attach additional pages if necessary): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 38.A.2 Packet Pg. 1355 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) ATTACHMENT VII 38.A.2 Packet Pg. 1356 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22) DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ-______-______ (____-____) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019. ___________________________________ ___________________________ (TRANSFEREE-SIGNATURE) (SUBDIVISION) ___________________________________ ___________ ____________ (DATE) (LOT) (BLOCK) __________________________ __________________________________ (STREET ADDRESS) (NAME-PRINTED) ___________________________________ ___________________________________ (MAILING ADDRESS) ___________________________________ (CITY, STATE, ZIP CODE) 38.A.2 Packet Pg. 1357 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway MSTU - 05-05-22)1997 02755 NW EPL VANDERBILT WATERWAYS MSTU FUND 168 May 5, 2022 FY22 Vendor Item PO#Budget Commitments Expenditures Total 1 CUR AD VALOREM TAX (403,500.00)$ -$ (381,447.17)$ (22,052.83)$ 3 OVERNIGHT INTEREST -$ -$ (120.49)$ 120.49$ 4 INVESTMENT INT. -$ -$ (744.95)$ 744.95$ 5 REVENUE STRUCTURE (403,500.00)$ -$ (382,312.61)$ (21,187.39)$ 6 TRANS FROM PROP. APPR.-$ -$ -$ -$ 7 TRANS FROM TAX COLL.-$ -$ -$ 8 CARRY FOR OF ENCUMB AMT (187,200.00)$ -$ -$ (187,200.00)$ 9 NEG 5% EST REV 20,200.00$ -$ -$ 20,200.00$ 10 TRANSFERS & CONTRIB (167,000.00)$ -$ -$ (167,000.00)$ 11 TOTAL REVENUE (570,500.00)$ -$ (382,312.61)$ (188,187.39)$ 12 INDIRECT COST Collier County Direct Pay 5,000.00$ -$ 5,000.00$ -$ 13 OTHER CONTRACTUAL 82,500.00$ -$ -$ 82,500.00$ 14 RENT BUILDINGS St. John the Evangelist Church Meeting Room Rental 4500213101 -$ 300.00$ 15 INSURANCE GENERAL 100.00$ 25.00$ 75.00$ -$ 16 OTHER MISCELLANEOUS Premier Staffing Transcriptionist Services 4500214130 900.00$ 421.80$ 178.20$ 300.00$ 17 COPYING CHARGES JM Todd Copier Charges 4500214501 200.00$ 46.20$ 68.08$ 85.72$ 18 OTHER OPER SUPPLIES 500.00$ -$ -$ 500.00$ 19 OPERATING EXPENSE 89,200.00$ 793.00$ 5,321.28$ 83,085.72$ 20 TRANS TO 111 UNINCOR 16,600.00$ -$ -$ 16,600.00$ 21 ADV/REPAY TO 001 GENERAL FUND 236,800.00$ -$ 236,800.00$ -$ 22 ADV/REPAY TO 111 UNINCORPORATED 1,000.00$ -$ -$ 1,000.00$ 23 Budget Trans from Appraiser 4,500.00$ -$ 2,365.08$ 2,134.92$ 24 Budget Trans from Tax Collector 12,900.00$ -$ 7,778.38$ 5,121.62$ 25 TRANSFERS 271,800.00$ -$ 246,943.46$ 24,856.54$ 26 RESV FOR CAPITAL 209,500.00$ -$ -$ 209,500.00$ 27 RESERVES 209,500.00$ -$ -$ 209,500.00$ 28 TOTAL BUDGET 570,500.00$ 793.00$ 252,264.74$ 317,442.26$ Total Available Balance 317,442.26$ Plus Commited And Not Spent 793.00$ Estimated Cash 318,235.26$ 296,182.43$ Estimated Cash Less Uncollected Ad Valorem Taxes 38.A.2 Packet Pg. 1358 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway Category Sub Category Type / Location (Current) OMS Numbers Quantity Units Year (Install) Year (Replace) $Cost (then YR) Annual Reserve Addition Annual Maint VB Channel Eng. Survey Bluebill to Cocohatchee R 1 1 EA 2020 2024 (Tentative)$30,000 $15,000 NA Dredge Bluebill to Cocohatchee R 1 1 EA 2020 2032 $1,600,000 $177,800 NA Vanderbilt Waterway Maintenance Plan FY 23 MSTU will pay off loan in FY 22 and will start maintenance plan by placing funds in reserve in FY 23 38.A.2 Packet Pg. 1359 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway VANDERBILT WATERWAYS MSTU FUND 168 Millage 0.3 ub FY 22 FY23 Vendor Item PO#FY22 Budget FY 22 estimated FY 23 Budget 1 CUR AD VALOREM TAX (403,500.00)$ (403,500.00)$ (443,000.00)$ 3 OVERNIGHT INTEREST -$ 4 INVESTMENT INT. -$ 5 REVENUE STRUCTURE (403,500.00)$ (403,500.00)$ (443,000.00)$ 6 TRANS FROM PROP. APPR.-$ 7 TRANS FROM TAX COLL.-$ 8 CARRY FOR OF ENCUMB AMT (187,200.00)$ (187,200.00)$ (292,000.00)$ 9 NEG 5% EST REV 20,200.00$ 20,200.00$ 22,150.00$ 10 TRANSFERS & CONTRIB (167,000.00)$ (167,000.00)$ (269,850.00)$ 11 TOTAL REVENUE (570,500.00)$ (570,500.00)$ (712,850.00)$ 13 INDIRECT COST Collier County Direct Pay 5,000.00$ 5,000.00$ 5,000.00$ 14 OTHER CONTRACTUAL 82,500.00$ -$ 100,000.00$ 15 INSURANCE GENERAL 100.00$ 100.00$ 100.00$ 16 OTHER MISCELLANEOUS Premier Staffing Transcriptionist Services 4500199278 900.00$ 900.00$ 900.00$ 17 COPYING CHARGES JM Todd Copier Lease 4500201393 200.00$ 200.00$ 200.00$ 18 OTHER OPER SUPPLIES 500.00$ 500.00$ 500.00$ 19 OPERATING EXPENSE 89,200.00$ 6,700.00$ 106,700.00$ 20 TRANS TO 111 UNINCOR 16,600.00$ 16,600.00$ 16,600.00$ 21 ADV/REPAY TO 001 GENERAL FUND 236,800.00$ 236,800.00$ -$ 22 ADV/REPAY TO 111 UNINCORPORATED 1,000.00$ 1,000.00$ 1,000.00$ 23 Budget Trans from Appraiser 4,500.00$ 4,500.00$ 4,500.00$ 24 Budget Trans from Tax Collector 12,900.00$ 12,900.00$ 12,900.00$ 25 TRANSFERS 271,800.00$ 271,800.00$ 35,000.00$ 26 RESV FOR CAPITAL 209,500.00$ 209,500.00$ 571,150.00$ 27 RESERVES 209,500.00$ 209,500.00$ 571,150.00$ 28 TOTAL BUDGET 570,500.00$ 488,000.00$ 712,850.00$ Total Available Balance Plus Commited And Not Spent Estimated Cash -$ Estimated Cash Less Uncollected Ad Valorem Taxes 38.A.2 Packet Pg. 1360 Attachment: Agenda & Backup R -Vanderbilt Waterway MSTU 05-05-22 (22393 : Vanderbilt Waterway