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Agenda 01/09/2018 Item #16A1401/09/2018 EXECUTIVE SUMMARY Recommendation to provide after-the-fact approval for the submittal of a RESTORE Act Direct Component grant application to the US Department of Treasury for the preliminary development and design of the Collier County Comprehensive Watershed Improvement Plan in the amount of $1,532,077.76. OBJECTIVE: To receive after-the-fact approval from the Board of County Commissioners to submit a RESTORE Act Direct Component grant application to the US Department of Treasury (Treasury) to fund the preliminary development and design of the Collier County Comprehensive Watershed Improvement Plan. Collier County CMA #5330 Grant Coordination requires that the Board of County Commissioners approve all grant applications. CONSIDERATIONS: On November 29, 2017, Treasury approved the Collier County Multiyear Implement Plan (MYIP) that was approved through Resolution 2017-183 by the Board of County Commissioners on October 10, 2015, and submitted to Treasury on October 25, 2017. The approval of the MYIP allowed Collier County to submit a grant application to request the funds that are currently available in the RESTORE Act Direct Component fund to implement the MYIP. Treasury opened a grant application cycle in July 2017, however, Collier County was not abl e to apply until after the MYIP was approved on November 29, 2017. The deadline for the July 2017 application cycle is December 11, 2017. Collier County CMA No. 5330 authorizes the County Manager to approve the submittal of grant applications with subsequent Board of County Commissioners action at the next available Board meeting to ratify the approval as “after-the-fact.” FISCAL IMPACT: As of October 1, 2017, Collier County had $1,532,077.76 available in the RESTORE Act Direct Component trust fund. These funds include deposits from the Transocean and Andarko civil penalty and penalty interest payments and the first of 15 BP annual payments pursuant to the judgments and consent decrees resulting from the Deepwater Horizon oil spill. There are no carryin g cost or life cycle operations and maintenance costs for preliminary planning and conceptual design. The RESTORE Act does not require local match. 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 provide after-the-fact approval for the submittal of the RESTORE Act Direct Component grant application to the US Department of Treasury in the amount of $1,532,077.76. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. CM MEMO 2017 12-11 RESTORE (PDF) 2. RESTORE APP 12.11.2017 (PDF) 16.A.14 Packet Pg. 341 01/09/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.14 Doc ID: 4352 Item Summary: Recommendation to provide after-the-fact approval for the submittal of a RESTORE Act Direct Component grant application to the US Department of Treasury for the preliminary development and design of the Collier County Comprehensive Watershed Improvement Plan in the amount of $1,532,077.76 Meeting Date: 01/09/2018 Prepared by: Title: Accountant – Capital Project Planning, Impact Fees, and Program Management Name: Gail Hambright 12/06/2017 10:59 AM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 12/06/2017 10:59 AM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 12/06/2017 11:59 AM Procurement Services Ted Coyman Additional Reviewer Completed 12/06/2017 12:38 PM Capital Project Planning, Impact Fees, and Program Management Tara Castillo Additional Reviewer Completed 12/06/2017 3:51 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 12/07/2017 4:19 PM Zoning Gary McAlpin Additional Reviewer Completed 12/08/2017 12:52 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 12/15/2017 11:56 AM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 12/15/2017 4:33 PM Grants Edmond Kushi Level 2 Grants Review Completed 12/18/2017 9:25 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 12/18/2017 1:52 PM Growth Management Department James French Deputy Department Head Review Completed 12/18/2017 4:48 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 12/19/2017 9:23 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/19/2017 9:47 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/20/2017 9:29 AM Grants Therese Stanley Additional Reviewer Completed 01/02/2018 12:38 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/02/2018 3:04 PM 16.A.14 Packet Pg. 342 01/09/2018 Board of County Commissioners MaryJo Brock Meeting Pending 01/09/2018 9:00 AM 16.A.14 Packet Pg. 343 8Z8rZ9Z-602 XVI . €165-Z9Z-6iZ , *r9-ZtLtt epuotj '$tdpN , !02 alns lsef tEJl ru'aL!e1 6620 'lsanbal srqt 3u!pJetal suort e a^eq no^ ]! ,uoul au lal aseald pue 'no^ Iueql 'dn Ird ro] 86I8-ZSZ-6qZ p aur llel aseald'uollelrlddp lueJ8 aql pa^ ar^al a^eq nol af,ug 'f,f,8 SIOZ '6 lJenuef aql lP srauolsslujujol &unol ]o preog aqt Aq le^ordde lJe] aql raue Aq pa^ olloJ lelllurqns.ro] uorlelrldde aql ano:dde ra8eueyl A1uno1 aq1 1eq1 Surpanbal aJe a^ 'punoreurnl uoqs aql ot ano 'lloz '62 laqula^oN uo pa^laf,ar se/v\ ueld Jea^tun!\ s,Atuno) Jatllof, ,o le^oJddv 'lOO Aq ueld Jea^rllnt fuuno3 :ar11o3 aq] lo lp^oJdde lnoqt!^ pall!uqns aq lou p;noc uorgecr;ddy 'LIOZ 'Il r€lurareo Jo alep anp e qtlir\ I.IOZ '1 A|n1 uo palunouue seirr ilrunpoddo Surpunl aq1 1uer3 srql rol parrnbar q:geu ou sr eJaql 'uorleJ!lddv aql all} pue alnlaxa o1 aau8rsap srq:oja8eue6l Alunol aq] sazuoqlne nlOZ'Vl Jaqopo uo rauorssrururol Atunol ,o pleog aql Aq pa^ordde pue IOO eq] Aq paJrnbal 8OZ -iIOZ uortnlosau (dl/v\lll) ueld luaura^ordut paqslal?M anrsuaqatduo3 Atunol rarllol aql Jo u8rsap ;enlda:uo: aqt dola^ap ol 9L'LLO'ZE9'15 Jo lunoLrje aql u! IOC o1 uorlecr;dde saru^rllv uolllnJlsuol -uop - guauoduro3 llaJr6 llv lUOlSlU aqt 8ulllluqns s1 luaupedap guaua8eue6l auoz lelseol aql (166) funsea:1;o luauUedaO aql ol uorlelrldde sarlr^rllv uorFnJlsuoJ-uoN - tuauodurol paJ!O llv lUOlSlU aq] lo le^oJdde pue mar^al rateueN Alunol :lU 4I0Z '90 raquraloo :alPo 4}aoue,tdLlol slueJg - raaeueN 'Aaruels asa.raql :t our ]uauuedao luauaBeuet q}^\oJg - peaH luauJuedac /uaqol snappeql :ll ]a8euel Alunof '.rf 'sq]O I oal :OI Surlaau lf8 SIoZ '6 fuenuef aql le pailnber sr flg aql lq le^orddv lleJ-aql-Jauv alep N llunol ( aauArsap J euPr! la0png ? luauooeuey\jJo oUO frtYtuo'Jw- Alunol q pa^oJddV pue pa^\ar^a8 uorlpr!lddv tuerg 0 J 16.A.14.aPacket Pg. 344Attachment: CM MEMO 2017 12-11 RESTORE (4352 : After-the-fact RESTORE Act) 1. 1. 2. 3. 4. 5. 6. 7. 8. 9. 1. • 2. • 3. 4. • 5. Table Of Contents Applicant:Collier County Board of County Commissioners Application Number:RDC2018000091 Project Title:Comprehensive Watershed Improvement Plan Project Development and Permitting Status:Submitted Grant Announcement RESTORE Act Direct Component - Non-Construction Activities Online Forms SF-424 Application for Federal Assistance Version 2 SF-424A Budget Information - Non-Construction SF-424B Assurances - Non-Construction SF-LLL Disclosure of Lobbying Activities Restore Act Direct Component Applicant Certifications Restore Act Direct Component Application Narrative Restore Act Environmental Checklist Restore Act Milestones Report Restore Act Status of Performance Report Additional Information to be Submitted Environmental Checklist Documentation (Upload #1): Email from Clearinghouse Authorized Official Designation Letter Upload (Upload #2): Authorization Letter Indirect Cost Rate Agreement Upload Location Map Upload (Upload #3): Location Map Additional Information Upload Note: Upload document(s) printed in order after online forms. Page 1 of 34 16.A.14.b Packet Pg. 345 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 (See reverse for public burden disclosure.) Approved by OMB 0348-0046 1. Type of Federal Action: b a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: b a. bid/offer/application b. initial award c. post-award 3. Report Type: a a. initial filing b. material change 4. Name and Address of Reporting Entity: Prime Subawardee Tier , if known: Collier County Board of County Commissioners 3299 Tamiami Trail East Naples, FL 34112 Congressional District, if known: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime: 6. Federal Department/Agency: Department of Treasury 7. Federal Program Name/Description: Restore Act CFDA Number, if applicable:21.015 8. Federal Action Number, if known:9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): Wood, Amanda 1275 K St NW Ste 850 Washington, DC 20005-4077 b. Individuals Performing Services (including address if different from No. 10a) (if individual, last name, first name, MI): Wood, Amanda 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature:Mr. Nick Casalanguida Print Name:Casalanguida, Nick Title:Deputy County Manager Telephone No:239-252-8383 Date:12/11/2017 Page 2 of 34 16.A.14.b Packet Pg. 346 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) BUDGET INFORMATION - Non-Construction ProgramsSECTION A - BUDGET SUMMARYGrant Program FunctionCatalog of Federal Domestic AssistanceEstimated Unobligated FundsNew or Revised Budgetor ActivityNumberFederalNon-FederalFederalNon-FederalTotal(a)(b)(c)(d)(e)(f)(g)1.$$$$$2.3.4.5. Totals$$$$$SECTION B - BUDGET CATEGORIESGRANT PROGRAM, FUNCTION OR ACTIVITYTotal(1)(2)(3)(4)(5)a. Personnel$$$$$b. Fringe Benefitsc. Traveld. Equipmente. Suppliesf. Contractualg. Constructionh. Otheri. Total Direct Charges (sum of 6a-6h)j. Indirect Chargesk. TOTALS (sum of 6i and 6j)$$$$$7. Program Income$$$$$Authorized for Local Reproduction Standard Form 424A (Rev. 7-97)Previous Edition Usable Prescribed by OMB Circular A-1026. Object Class CategoriesOMB Approval No. 4040-0006Expiration Date: 06/30/2014 $1,532,077.76$1,532,077.76$1,532,077.76$1,532,077.76$1,532,077.76$1,532,077.76$1,532,077.76$1,532,077.76$1,532,077.7621.015$1,532,077.76Restore Act Direct ComponentRestore Act Direct Component$1,532,077.76Restore Act Direct ComponentRestore Act Direct Component$1,532,077.76Restore Act Direct ComponentRestore Act Direct ComponentRestore Act Direct ComponentRestore Act Direct ComponentPage 3 of 3416.A.14.bPacket Pg. 347Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) SECTION C - NON-FEDERAL RESOURCES(a) Grant Program(b) Applicant(c) State(d) Other Sources(e) TOTALS9.10.11.12. TOTAL (sum of lines 8-11)$$$$SECTION D - FORECASTED CASH NEEDSTotal for 1st Year1st Quarter2nd Quarter3rd Quarter4th Quarter13. Federal$$$$$14. Non-Federal15. TOTAL (sum of lines 13 and 14)$$$$$SECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT(a) Grant ProgramFUTURE FUNDING PERIODS (Years)(b) First(c) Second(d) Third(e) Fourth16.$$$$17.18.19.20. TOTAL (sum of lines 16-19)$$$$SECTION F - OTHER BUDGET INFORMATION21. Direct Charges:22. Indirect Charges:23. Remarks:Authorized for Local ReproductionStandard Form 424A (Rev. 7-97) Page 28Restore Act Direct ComponentRestore Act Direct Component$383,019.44$383,019.44$383,019.44$383,019.44$383,019.44$1,532,077.76$1,532,077.76$383,019.44$383,019.44$1,532,077.76$1,532,077.76Restore Act Direct ComponentRestore Act Direct Component$383,019.44$383,019.44$383,019.44Restore Act Direct ComponentRestore Act Direct ComponentRestore Act Direct ComponentRestore Act Direct ComponentPage 4 of 3416.A.14.bPacket Pg. 348Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) OMB Approval No.: 4040-0007 Expiration Date: 06/30/2014 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE:Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1.Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2.Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3.Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4.Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5.Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6.Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7.Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8.Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Authorized for Local Reproduction Standard Form 424B (Rev. 7-97) Prescribed by OMB Circular A-102 Page 5 of 34 16.A.14.b Packet Pg. 349 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) 9.Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally-assisted construction subagreements. 10.Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11.Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12.Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13.Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14.Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15.Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16.Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17.Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18.Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19.Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. * SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Nick Casalanguida * TITLE Deputy County Manager * APPLICATION ORGANIZATION Collier County Board of County Commissioners * DATE SUBMITTED 12/11/2017 Standard Form 424B (Rev. 7-97) Back Page 6 of 34 16.A.14.b Packet Pg. 350 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) OMB Number: 4040-0004 ● ❍ ❍ StringStringStringString AL: Alabama AFG: AFGHANISTAN 08/13/1967 ● ❍ ❍ A: Increase Award Application for Federal Assistance SF-424 * 1. Type of Submission: * 3. Date Received: 08/13/1967 5a. Federal Entity Identifier: State Use Only: 6. Date Received by State: 8. APPLICANT INFORMATION: * a. Legal Name: * b. Employer/Taxpayer Identification Number (EIN/TIN): d. Address: * Street1: * City: * State: * Country: * Zip / Postal Code: e. Organizational Unit: Department Name: f. Name and contact information of person to be contacted on matters involving this application: Prefix: Middle Name: * Last Name: Suffix: Title: Organizational Affiliation: * Telephone Number: * Email: Street2: County: Province: Preapplication Application Changed/Corrected Application * 2. Type of Application: 4. Applicant Identifier: New Continuation Revision 7. State Application Identifier: * First Name: * If Revision, select appropriate letter(s): * Other (Specify) * 5b. Federal Award Identifier: * c. Organizational DUNS: Division Name: Fax Number: Version 02 Tracking Number: Funding Opportunity Number: Received Date: Time Zone: GMT-5 Expiration Date: 03/31/2012 34112-5749 Gary Naples GaryMcAlpin@colliergov.net 3299 Tamiami Trl E Ste 700 Growth Management 12/11/2017 Collier County Coastal Zone Management McAlpin Coastal Zone Management 12/11/201712/11/201712/11/201712/11/2017 239-252-5342 Florida Manager 59-6000558 076997790076997790 UNITED STATES Collier County Board of County CommissionersCollier County Board of County Commissioners Page 7 of 34 16.A.14.b Packet Pg. 351 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) OMB Number: 4040-0004 A: State Government A: State Government A: State Government Application for Federal Assistance SF-424 9. Type of Applicant 1: Select Applicant Type: Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): * 10. Name of Federal Agency: 11. Catalog of Federal Domestic Assistance Number: CFDA Title: * 12. Funding Opportunity Number: * Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): * 15. Descriptive Title of Applicant's Project: Attach supporting documents as specified in agency instructions. Version 02 Tracking Number: Funding Opportunity Number: Received Date: Time Zone: GMT-5 Expiration Date: 03/31/2012 Expiration Date: 03/31/2012 GR-RDC-17-006-059221 GR-RDC-17-006 County Government Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States 21.015 -Restore Act RESTORE Act Direct Component - Non-Construction Activities RESTORE Act Direct Component - Non-Construction Activities Comprehensive Watershed Improvement Plan Project Development and Permitting Page 8 of 34 16.A.14.b Packet Pg. 352 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) OMB Number: 4040-0004 ● ❍ ❍ ● ❏✔ 08/13/1967 ❍ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/13/1967 08/13/1967 Application for Federal Assistance SF-424 16. Congressional Districts Of: * a. Applicant Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project: * a. Start Date: 18. Estimated Funding ($): * a. Federal * b. Applicant * c. State * d. Local * e. Other * f. Program Income * g. TOTAL * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to com­ ply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Middle Name: * Last Name: Suffix: * Title: * Telephone Number: * Email: * Signature of Authorized Representative: a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. Yes ** I AGREE No * First Name: * b. Program/Project: Fax Number: * Date Signed: * b. End Date: 08/13/1967 . Version 02 Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-102 Tracking Number: Funding Opportunity Number: Received Date: Time Zone: GMT-5 Expiration Date: 03/31/2012 Nick NickCasalanguida@colliergov.net 1532077.76 0 Deputy County Manager 1532077.76 Casalanguida 19 0 19 12/11/2017Mr. Nick Casalanguida 01/30/2021 239-252-8383 02/01/2018 0 0 0 Page 9 of 34 16.A.14.b Packet Pg. 353 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) OMB Number: 4040-0004 Application for Federal Assistance SF-424 Version 02 The following field should contain an explanation if the Applicant organization is delinquent on any Federal Debt. Maximum number of characters that can be entered is 4,000. Try and avoid extra spaces and carriage returns to maximize the availability of space. * Applicant Federal Debt Delinquency Explanation Expiration Date: 03/31/2012 Page 10 of 34 16.A.14.b Packet Pg. 354 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 1 RESTORE Act Direct Component Application Narrative Department of the Treasury OMB Number 1505-0250 The Direct Component Funding Opportunity Announcements describe in detail the content and information required for your narrative. Please refer to the relevant Funding Opportunity Announcement when completing this form. GENERAL INFORMATION: Applicant Name: Collier County Board of County Commissioners Point of Contact (POC) for this Application: POC Name: *Gary McAlpin POC Title: *Manager, Coastal Zone Management POC Email: *GaryMcAlpin@colliergov.net POC Phone: *(239) 252-5342 Descriptive Title of Applicant's Project: (refer to SF 424) *Comprehensive Watershed Improvement Project Activity Title from Multiyear Plan Matrix, Column #6 *Collier County/Rookery Bay National Estuarine Research Comprehensive Watershed Improvement Plan Project Development and Permitting Phase 1 Funding Opportunity Announcement #:GR-RDC-17-006 A. STATUTORY QUESTIONS 1. Qualifying eligible activity: Please select the primary eligible activity in the first column, and select all other eligible activities that apply in the second column. Select Primary Activity Qualifying Eligible Activity {Select All Others That Apply} Activity 1 1. Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches and coastal wetlands of the Gulf Coast Region Activity 2 2. Mitigation of damage to fish, wildlife and natural resources Activity 3 3. Implementation of a federally approved marine, coastal, or comprehensive conservation management plan, including fisheries monitoring Activity 4 4. Workforce development and job creation Activity 5 5. Improvements to or on State parks located in coastal areas affected by the Deepwater Horizon oil spill Activity 6 6. Infrastructure projects benefitting the economy or ecological resources, including port infrastructure Activity 7 7. Coastal flood protection and related infrastructure Activity 8 8. Planning assistance Activity 9 9. Promotion of tourism in the Gulf Coast Region, including recreational fishing Activity 10 10. Promotion of the consumption of seafood harvested from the Gulf Coast Region 2. Was this proposed activity included in any claim for compensation paid out by the Oil Spill Liability Trust Fund after July 6, 2012? Yes No If "Yes," this activity is not eligible for a Direct Component grant. 3. Location (a) Please provide the actual location for the activity as street address, nearest intersection, or note boundaries on a submitted map. If there is more than one location for the activity, attach a list of the additional locations, city/town, county/parish, state, and zip code. Location: Collier County City/Town: County/Parish: Collier County State: FLORIDA Zip code: 34112 The Collier County/Rookery Bay National Estuarine Research Reserve Comprehensive Multi-Year Implementation Plan project meets the Page 11 of 34 16.A.14.b Packet Pg. 355 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 2 (b) Describe how the proposed activity will be carried out in the Gulf Coast Region as defined in 31 CFR 34.2. Attach a map to support your response. RESTORE Act criteria of planning assistance as defined in 31 CFR 34.201(j) of the RESTORE Act. The project development and permitting funding is planning for the eligible activity of Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches and coastal wetlands of the Gulf Coast region per 31 CFR 34.201(a). Collier County improvement projects will be carried out in the Gulf Coast region including any adjacent land, water and watersheds within 25 miles of those coastal zone areas identified in 33 U.S.C. subsection 1321(a)(1)(33)(B) and further by Treasury regulation 31 CFR 34.201. Improving the health of the CountyÂs watershed areas will restore near shore and eventually offshore water quality. Improved water quality (both freshwater and saltwater) provides protection to the entire marine ecosystem, including seagrass beds and the benthic and pelagic species and habitat they depend on. B. DISCUSSION OF SPECIFIC ACTIVITY IF APPLICABLE, PLEASE FOLLOW SPECIFIC DIRECTIONS FOR NON-FEDERAL SHARE OF ANOTHER FEDERALLY FUNDED ACTIVITY and ACTIVITIES APPROVED PRIOR TO JULY 6, 2012 IN THE DIRECT COMPONENT APPLICATION GUIDANCE. 1. Proposed Scope of Work (a) Directions: Provide a detailed scope of work that fully describes the project or program for which funding is requested, including: - Need, purpose, and objectives; Need: Approximately 70% of Collier CountyÂs 2,300 sq. miles has been altered since the 1950's in order to accommodate coastal development. In addition to shoreline modifications, extensive canal construction for urban and agricultural drainage has changed the timing and quantity of freshwater inflows to coastal waters. These changes have dramatically affected water quality and quantity of many County estuaries. Prior to intense development, rainfall either infiltrated into the surficial aquifer or flowed through extensive wetlands into the coastal waters of the County. The project development and permitting of this project will be the first step in rehydrating and restoring at least a portion of the historical flows within the region helping to reestablish historical wetland hydroperiods to some degree. Purpose: The purpose is to develop the conceptual design of the Collier County Comprehensive Watershed Improvements Plan (CCCWIP) to a level that will allow the County to apply for the appropriate federal and state permit(s) and provide adequate site analysis to develop a preliminary design that is demonstrated to be constructible, permitable and does not create adverse impacts to the surrounding properties or environmental and water resources. Objective: Project development to the 30% design level to plan and permit the CCCWIP. This project is the preliminary step in the development of the planning and design of the CCCWIP. As a discovery phase, timelines and deliverables may change to reflect regulatory requirements that are revealed during data collection and agency discussions. - How the project/program meets the identified primary activity designated in A1; The project meets the RESTORE Act criteria of planning assistance as defined in 31 CFR 34.201(j) of the RESTORE Act. The project development and permitting funding is planning for the eligible activity of Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches and coastal wetlands of the Gulf Coast region per 31 CFR 34.201(a). - Specific tasks, milestones and related timeframes (also captured in Milestones Report); and Scope of Work: The County and it's contractor (to be determined through competitive process) would meet with various agencies to determine what, if any, additional data is necessary for project permitting. This project is the preliminary step in the development of the planning and design of the CCCWIP. As a discovery phase, timelines and deliverables may change to reflect regulatory requirements that are revealed during data collection and agency discussions. Below is a detailed listing the tasks/deliverables anticipated at this time to be accomplished within the scope of work. 1. Preliminary data compilation - Compilation of relevant available data (including GIS data) to coordinate with regulatory agencies in identifying potential environmental issues and permitting requirements. TIMEFRAME: 90 days DELIVERABLE: Status Report 2. Agency coordination - Coordination and meetings with state and federal regulatory agencies for necessary monitoring and permitting requirements for species, habitats and wetlands. TIMEFRAME: Ongoing DELIVERABLES: Quarterly Status Reports 3. Coordination with Regulatory Agencies regarding model comparisons - This effort would involve maintaining close coordination between the CountyÂs modeling team and the Big Cypress Basin (BCB) and others as related to the use of the USACEÂs Gridded Surface/Subsurface Hydrologic Analysis (GSSHA; aka ÂGeishaÂ) model. TIMEFRAME: 15 months DELIVERABLES: Quarterly Status Reports 4. Evaluate Project Effects on Groundwater Elevation - This effort would focus on refining estimates of changes in groundwater elevations in the following locations; Northern flow way, I-75 Canal and South Belle Meade spreader, Picayune Strand Forest and Picayune Strand Restoration Project, Six L's agricultural area and urban areas along Henderson Creek and south of US 41. TIMEFRAME: 15 months DELIVERABLES: Quarterly Status Reports 5. Preliminary data collection to evaluate changes in habitat, actual rates of infiltration and evapotranspiration and changes in water quality associated with project implementation. TIMEFRAME: Ongoing DELIVERABLES: Quarterly Status Reports 6. Coordinated efforts of other entities - Coordination between the County, the City of Naples and Rookery Bay National Estuarine Research Reserve (RBNERR) TIMEFRAME: Ongoing DELIVERABLES: Quarterly Status Reports FINAL DELIVERABLE: FINAL REPORT - Description of all funding sources included on the SF-424 Only RESTORE Direct Pot 1 funds are included on the SF-424 Projects designed to protect or restore natural resources must be based on best available science. Include a description of the methods to be used to achieve the protection or restoration objective(s). (Also complete Question B.6.) This project involves the planning and project development to the 30% design level to plan and permit the CCCWIP. (b) If the proposed project is part of a larger project outside the scope of this application, describe the larger project and the proposed project's relationship to it. The proposed project is the planning involved in the development and conceptual design in order to permit the improvements outlined in the Collier County Comprehensive Watershed Improvement Plan(CCCWIP). It is anticipated that future Direct Component applications will request funding for construction phases of the CCCWIP as determined during the planning and design. 2. Budget Justification (See OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Directions: Explain in detail how the proposed budget supports the proposed scope of work. The budget justification should relate each budget category listed in the SF-424A and SF-424C to the specific tasks discussed in the response to B1. Provide specific justification for ALL budget categories that apply, including an explanation of the necessity, allowability, reasonableness, and allocability of proposed costs. Please refer to the relevant Funding Opportunity Announcement for descriptions of the budget categories. Budget Category: Contractual Collier County will select a qualified consultant through a competitive bid process. 3. The Applicant's Selection and Oversight of Contractors, if applicable Directions: Indicate if the applicant plans to contract out any work described under the Budget Justification (see B2) including construction. If so, Page 12 of 34 16.A.14.b Packet Pg. 356 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 3 the applicant must describe the following: (a) For State applicants: - Nature of the work to be contracted out and the expected number of contracts to be awarded; Not applicable - State procurement method(s) that will be used for the procurement of the contractor(s); and Not applicable - Applicant's plan for monitoring contractor performance and compliance. Not applicable If a contractor already has been selected, also include the following: - Name of each contractor; - DUNS number of each contractor; - Date the applicant executed each contract; and - Amount of each contract award. Not applicable (b) For non-State applicants: - Nature of the work to be contracted out and the expected number of contracts to be awarded; The nature of work to be contracted out includes the following: 1. Preliminary data compilation  Development of background information, including a detailed project description, site location and anticipated environmental issues  Compilation of relevant available data (including GIS data) to coordinate with regulatory agencies in identifying potential environmental issues and permitting requirements 2. Agency coordination  Coordination and meetings with state and federal regulatory agencies for necessary monitoring and permitting requirements for species, habitats and wetlands  Participation in design plans to identify potential environmental permitting issues and action alternatives 3. Coordination with Regulatory Agencies regarding model comparisons  It is anticipated that the nearby restoration efforts for Picayune Strand have the potential to complicate the permitting associated with the CountyÂs project. While the South Florida Water Management District (SFWMD) Big Cypress Basin (BCB) has been fully aware of the CountyÂs project on a staff level, projects being completed by state and federal agencies need to be coordinated, at a technical and staff level, with the CountyÂs project. This effort would involve maintaining close coordination between the CountyÂs modeling team and the BCB and others as related to the use of the USACEÂs Gridded Surface/Subsurface Hydrologic Analysis (GSSHA; aka ÂGeishaÂ) model. 4. Evaluate Project Effects on Groundwater Elevation 5. Preliminary data collection to evaluate changes in habitat, actual rates of infiltration and evapotranspiration and changes in water quality associated with project implementation  Site selection of 60 locations, to be distributed as 30 random locations within the area likely to be impacted by project implementations, as well as 30 sites likely outside the influence of the project.  At each of the 60 locations, bi-annual and quantitative sampling of the vegetation Species richness Species diversity Percent native vs. non-native  At each of the 60 locations, quarterly recording of water levels and/or groundwater levels  Via use of piezometers and/or staff gages  At each of the 60 locations, quarterly collection of water quality data (for surface water samples) for the following parameters o Water temperature o pH o Dissolved oxygen o Specific conductance o Total nitrogen o Total phosphorous The number sampling events is currently estimated at 600 per year, however, this number may increase or decrease based on findings from preliminary data collection and meetings with regulatory agencies. 6. Coordinated efforts of other entities  Coordination between the County, the City of Naples and Rookery Bay National Estuarine Research Reserve (RBNERR) Expected number of contracts: 1 - Procurement method(s) allowable under 2 CFR 200.320 that will be used for the procurement of the contractor(s); Collier County is using a competitive Request for Proposal process that is publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. - Justification under 2 CFR 200.320(f) for sole source procurement, if applicable; and Not Applicable - Applicant's plan for monitoring contractor performance and compliance. The Coastal Zone Management office, in conjunction with the Office of Management and Budget, will monitor contractor performance and compliance through progress reports from the selected contractor, review of milestones completed and approval of invoices in compliance with allowable costs. If a contractor already has been selected, also include the following: - Name of each contractor; - DUNS number of each contractor; - Date the applicant executed each contract; - Amount of each contract award; Not Applicable - Procurement method allowable under 2 CFR 200.320 that was used for the procurement of each contract; - Description of the procurement process, as implemented; and - Justification under 2 CFR 200.320(f) for sole source procurement, if applicable. Not applicable 4. The Applicant's Selection and Oversight of Subrecipients and Inclusion of Special Provisions relating to Subawards, if Applicable Directions: Indicate whether the applicant plans to issue subawards for activities proposed in this application. If so, the applicant must provide ALL of the following: - Description of how the applicant selected or plans to select subrecipient(s); Not Applicable. Collier County does not plan to select subrecipients - Description of the applicant's subrecipient monitoring and management plan that implements the requirements for pass-through entities at 2 CFR 200.331; and Not Applicable - The means by which the applicant will assess each subrecipient's level of risk and monitor each subrecipient's progress, including any required Page 13 of 34 16.A.14.b Packet Pg. 357 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 4 reports. Not Applicable If a subrecipient already has been selected, also include the following: - Name of each subrecipient; - DUNS number of each subrecipient: - Date the applicant selected each subrecipient; and - Amount of funds to be provided to each subrecipient. Not Applicable 5. Public Input for this Proposed Activity Directions: Describe how the applicant considered the meaningful public input from individuals, businesses, Indian tribes, and nonprofit organizations relating to this proposed project, including input received during the preparation of the Multiyear Plan. Collier County conducted a highly participatory process to review and gain approval and support for the multi-year implementation plan detailing this project. This included multiple presentations to the Collier County Board of County Commissioners, the Comprehensive Watershed Improvement Program Technical Advisory Ad Hoc Committee and to the City of Naples City Council. A legal advertisement for the Collier County Multi-Year Implementation Plan was published twice in the Naples Daily News (a newspaper of local circulation) on Thursday, June 15, 2017 and then again on July 20, 2017 in both English and Spanish requesting public comments during a 45 day comment period from Thursday, June 15, 2017 to August 31, 2017 and again from July 20, 2017 to September 4, 2017, respectively. The re-advertising on July 20, 2017 was a compliance issue from the U.S. TreasuryÂs review of the CountyÂs Multi-Year Implementation Plan (MYIP). A revised MYIP was re-posted to the CountyÂs website in order to comply with the legal advertisement regulations. In addition, Collier County Communication Support Division distributed a Notice of Public Meeting that was sent to the community at large and all the local media. The notice was also posted on the CountyÂs website at www. Colliergov.net and on the media board in the Communication Support Division. No comments were received during the 45 day period. Collier County Coastal Management Section hosted two (2) public meetings to discuss the plan on Thursday, June 22, 2017 and August 17, 2017 at 2800 North Horseshoe Drive, Suites 609/610 (Growth Management Office) at 5:30 p.m. and 5:00p.m. , respectively. No interested citizens and/or representatives from local agencies were in attendance at either meeting. Letters of Support were received from the following and included in the approved MYIP. Audubon of the Western Everglades/Audubon Florida South Florida Water Management District - Big Cypress Basin City of Naples Conservancy of Southwest Florida Florida Fish and Wildlife Conservation Commission Fish and Wildlife Service Florida Wildlife Federation Florida Forestry Service Collier County Watershed Technical Advisory Committee Collier County Board of County Commissioners Rookery Bay National Estuarine Research Reserve 6. Best Available Science, if applicable Directions: If the answer to the following question is "yes" complete this section. Is the proposed activity designed to protect or restore natural resources? Yes No The RESTORE Act requires activities designed to protect or restore natural resources to be based on the "best available science," which is defined in the Act as science that (a) maximizes the quality, objectivity, and integrity of information, including statistical information; (b) uses peer-reviewed and publicly available data; and (c) clearly documents risks and uncertainties in the scientific basis for such projects. The applicant must make a determination that a project designed to protect or restore natural resources is based on the best available science. In order to support this determination, the applicant must clearly state the protection or restoration objective(s) of the project, describe the methods that will be used to achieve the objective(s), and explain how these methods are based on best available science. The response must be sufficiently detailed for Treasury to evaluate the reasonableness of the applicant's determination that the project is based on best available science. In addressing the three-pronged test in the definition of "best available science," the applicant must cite, when available, peer-reviewed, objective, methodologically sound literature sources that support the conclusion that the proposed scope of work is an effective way to achieve the stated objectives. For each literature source cited, the applicant must provide sufficient citations, including: - Title; - Journal in which the literature source appeared, if applicable; - Publication date; - Author(s); and - Web address if downloaded or available online. The applicant must provide written answers to all of the following : (Submission of source materials will not satisfy the requirements for answering this question.) - A summary of the peer-reviewed information that justifies the proposed objectives, including methods used for the proposed activity. If peer-reviewed literature sources are unavailable, the Applicant must explicitly State this and provide A brief explanation of what alternative scientific information sources were used. If the Applicant relied on publicly available data, the Applicant must cite the source of the data, the date of collection, and the size of the data set. Whenever possible, the Applicant should use publicly available data from sources such as State agencies and federal agencies, for example the U.S. Census Bureau, U.S. Fish and Wildlife Service, Environmental Protection Agency, National Oceanic and Atmospheric Administration. the Applicant must provide A link to each publicly available data source used. - A summary of how the applicant's methods reasonably support and are adaptable to Gulf Coast Region if the information supporting the proposed activity does not directly pertain to the Gulf Coast Region. - A summary of an evaluation of uncertainties and risks in achieving the project's best available science objectives over the longer term; e.g., is there an uncertainty or risk that in 5-10 years the project/program will be obsolete or not function as planned given projections of sea level rise or other environmental change such as in freshwater inflows to estuaries? - A summary of the literature sources' conclusions and any uncertainties or risks in the scientific basis that would apply to the proposed activity, including any uncertainties or risks that were identified by the public or by a Gulf Coast Ecosystem Restoration Council member. Page 14 of 34 16.A.14.b Packet Pg. 358 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 5 7. Key Personnel Directions: Key personnel should include the applicant's Authorizing Official who is authorized to sign the grant application and award, the Project Director who is responsible for the project, and the Financial Officer who is responsible for maintaining the accounting and financial records of the grant. The Direct Component Standard Terms and Conditions require the applicant to notify Treasury if there are any changes in key personnel. Collier County's Authorizing Official is Nick Casalanguida, Deputy County Manager. Mr. Casalanguida was the former head of the Growth Management Department which houses the Coastal Zone Management Division responsible for the implementation of this project. Mr. Gary McAlpin, P.E, Manager, Coastal Zone Management, is the Program/Project Director. Mr. McAlpin joined Collier County in 2005 and is responsible for beach maintenance and renourishment; inlet and estuary management; and estuarial water quality. Mr. McAlpin oversees federal and state funding used for beach nourishment, physical and biological monitoring. Allison Kearns, Financial Officer, is in charge of maintaining the accounting and financial records of the grant. 8. Consistency with the Applicant's Multiyear Plan Directions: Describe whether the proposed scope of work differs from the corresponding project/program identified in the applicant's Multiyear Plan accepted by Treasury. If no differences exits, make an affirmative statement as to their consistency. The proposed project is consistent with the Collier County's Multiyear Implementation Plan (MYIP). The Scope of Work contained in this narrative was also identified in the MYIP accepted by Treasury 9. Possible Material Risks to Implement and Maintain the Proposed Activity Directions: List the possible material risks, e.g., operational, legal, regulatory, budgetary, or ecological risks, with a brief discussion of mitigation strategies that the applicant may need to address in order to implement and/or maintain the proposed activity. If the applicant determines that there are no material risks to implement and maintain the proposed activity, then put 'None' in the Risk column below. Risk Mitigation Strategy None 10. Permits, Land Acquisition, Construction, and Relocation Assistance Directions: Answer the following items concerning permits, construction, land acquisition, and relocation assistance, if applicable. (a) Permits Does the proposed activity require any federal, tribal, state, or local permits? For potential federal permits needed, see: ()https://www.permits.performance.gov/tools/federal-environmental-review-and-authorization-inventory Yes No If yes, list the specific federal, tribal, state, or local permits required for this project and the status of the permits: (b) Land Acquisition and Construction Activities Will land be improved? Yes No If yes, answer questions i-vi Will land or interest in land be acquired? Yes No If yes, answer questions i-vii i. What are the legal rights that will be acquired? Please explain 'Other' ii. If an easement, what is the life of the easement? iii. Will the applicant hold title to the land? Yes No iv. What is the total acreage of the proposed property interest to be acquired (easement or fee title)? v. Has the applicant obtained a recent certified appraisal of the property? If yes, attach a copy of the appraisal. Yes No vi. Has the applicant obtained a recent title opinion or certificate? If yes, attach a copy of the title opinion or certificate. Yes No vii. Attach a signed statement from the seller(s) that he/she is a willing seller and has not been coerced into selling or conveying the property interest. viii. Attach the legal description of the property and the tax parcel number. (c) Relocation Assistance Will the proposed project cause the displacement of any persons, businesses, or farm operations? Yes No If yes, as required by Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, explain: the number of displaced persons, including businesses and farm operations; what fair and reasonable relocation payments and advisory services will be provided to any displaced persons; and what provisions will be made to ensure that safe, decent, and sanitary replacement dwellings will be available to such persons within a reasonable period of time prior to displacement. According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 1505-0250. Comments concerning the time required to complete this information collection, including the time to review instructions, search existing data resources, gathering and maintaining the data needed, and completing and reviewing the collection of information, should be directed to the Department of the Treasury, Office of Gulf Coast Restoration, 1500 Pennsylvania Ave., NW, Washington, DC 20220. Page 15 of 34 16.A.14.b Packet Pg. 359 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 1 RESTORE Act Milestones Report Department of the Treasury OMB Number 1505-0250 Applicant/Grantee:Collier County Board of County Commissioners Title: *Collier County Comprehensive Watershed Improvement Project Reporting Period Ending *Initial Report Year *2017 INSTRUCTIONS FOR COMPLETING FORM Please complete Columns B-E in the initial report submitted as part of an application package. After a grant is awarded, complete Columns F-G for each milestone as applicable and submit as part of the performance reports described in the Standard Terms and Conditions. Columns E and G will calculate automatically, and will show an error message unless the values in each column total 100%. These milestones should reflect what is in the applicant's scope of work as described in the applicable RESTORE Act Direct Component or Centers of Excellence Application Narrative. TO COMPLETE A- Milestone Number B- Milestone Description C- Estimated Completion Timeframe of Milestone (Format: award + # of months) D- Is milestone contingent upon completion of another milestone (Y/N)? If yes, which milestone is it contigent upon (# from Column A)? E- What percentage of the Scope of Work is estimated to be completed with this milestone? F- Actual Completion Date of Milestone (Format: Month-Year) G- Estimated percentage of budget for the awarded Scope of Work spent on milestone Month Year 1#Review Bids for Planning Consultant 3 N 10.00% 10.00% 2#Award contract to consultant 5 1 10.00% 10.00% 3#30% level of design completed 18 Y (1,2)80.00% 80.00% TOTAL 100.00% 100.00% According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 1505-0250. Comments concerning the time required to complete this information collection, including the time to review instructions, search existing data resources, gathering and maintaining the data needed, and completing and reviewing the collection of information, should be directed to the Department of the Treasury, Office of Gulf Coast Restoration, 1500 Pennsylvania Ave., NW, Washington, DC 20220. Page 16 of 34 16.A.14.b Packet Pg. 360 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 1 RESTORE Act Direct Component Applicant Certifications Department of the Treasury OMB Number 1505-0250 Directions: These certifications are required by federal law and Department of the Treasury (Treasury) regulations to be submitted with each application to Treasury for financial assistance under the RESTORE Act Direct Component. The certifications must be signed by an authorized senior official of the Applicant who can legally bind the entity and has oversight for the administration and use of the Direct Component funds. A. RESTORE Act Certification 1. Pursuant to the RESTORE Act, I certify that for any award agreement resulting from this application: (a) Each activity funded under this agreement has been primarily designed to plan for or undertake activities to restore and protect one or more of the following: the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, or economy of the Gulf Coast region. (b) Each activity funded under this agreement is designed to carry out one or more of the eligible activities for the Direct Component. (c) Each activity funded under this agreement was selected after consideration of all meaningful input from the public, including broad-based participation from individuals, businesses, Indian tribes, and nonprofit organizations, as described in the grant application. The certification in this paragraph (1)(c) does not apply to planning assistance funds to prepare and amend the Multiyear Implementation Plan. (d) Each activity funded under this agreement that protects or restores natural resources is based on the best available science, as that term is defined in 31 C.F.R. Part 34. (e) The Applicant has procedures in place for procuring property and services under this award that are consistent with the procurement standards applying to Federal grants. The Applicant will not request funds under this award for any contract unless this certification remains true and accurate. (f) Pursuant to 2 C.F.R. § 200.303, the Applicant will establish and maintain effective internal control over all award agreements resulting from this application, and provide reasonable assurance that the Applicant will manage the award in compliance with Federal statutes, regulations, and the terms and conditions of the award. The Applicant knows of no material deficiencies in its internal controls. . (g) A conflict of interest policy consistent with 2 C.F.R. § 200.318(c) is in effect and covering each activity funded under this Agreement. . (h) The Applicant will comply with Title VI of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, and all other applicable federal laws and regulations concerning anti-discrimination. 2. I make each of these certifications based on my personal knowledge and belief after reasonable and diligent inquiry, and I affirm that the Applicant maintains written documentation sufficient to support each certification made above, and that the Applicant's compliance with each of these certifications is a condition of the Applicant's initial and continuing receipt and use of the funds provided under this Agreement. B. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -- Primary Covered Transactions: Instructions for Certification 1. By signing and submitting this Application, the prospective primary participant (the Applicant) is providing the certification set out below. 2. The inability of an Applicant to provide the certification required below will not necessarily result in the denial of participation in this covered transaction. The prospective Applicant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with Treasury's approval of the proposed application. However, failure of the Applicant to furnish a certification or an explanation shall disqualify such person/entity from participation in this transaction. 3. This certification is a material representation of fact upon which reliance is placed when Treasury determines to enter into this transaction. If it is later determined that the Applicant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, Treasury may terminate this transaction for cause or default. 4. The Applicant shall provide immediate written notice to Treasury if at any time the Applicant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transactions," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal", and "voluntarily excluded," as used in this clause (certification), have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact Treasury for assistance in obtaining a copy of those regulations (31 C.F.R. Part 19). 6. The Applicant agrees by submitting this Application that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by Treasury. 7. The Applicant further agrees by submitting this Application that it will not award any contract or subaward to any entity on the government-wide Excluded Parties List System (see 31 C.F.R. Part 19, Appendix). 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, Treasury may terminate this transaction for cause or default. C. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -- Primary Covered Transactions Page 17 of 34 16.A.14.b Packet Pg. 361 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 2 1. The prospective primary participant (the Applicant) certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this Application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this Application had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the Applicant is unable to certify to any of the statements in this certification, such Applicant shall attach an explanation to this proposal. D. Certification Regarding Drug-Free Workplace Requirements 1. The Applicant certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Applicant's workplace and specifying the actions that will be taken against the employee for violations of such prohibition; (b) Establishing a drug-free awareness program to inform employees about: (i) The dangers of drug abuse in the workplace; (ii) The Applicant's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance program; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the award be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment in such grant, the employee will: (i) Abide by the terms of the statement; and (ii) Notify the employer of any criminal drug use statute conviction for a violation occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the granting agency in writing, within ten calendar days after receiving notice of a conviction under paragraph (d)(ii) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under paragraph (d)(ii), with respect to any employee who is so convicted: (i) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a) through (f). E. Certification Regarding Lobbying 1. The Applicant certifies, to the best of its knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Applicant, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Application, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. 2. This certification is a material representation of fact upon which reliance is placed when this transaction is made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by title 31 U.S. Code section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Certification Signature of Authorized Certifying Official Name Date 12/11/2017 Title * Deputy County Manager Oganization Collier County Board of County Commissioners According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information Page 18 of 34 16.A.14.b Packet Pg. 362 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 3 unless it displays a valid OMB control number. The valid OMB control number for this information collection is 1505-0250. Comments concerning the time required to complete this information collection, including the time to review instructions, search existing data resources, gathering and maintaining the data needed, and completing and reviewing the collection of information, should be directed to the Department of the Treasury, Office of Gulf Coast Restoration, 1500 Pennsylvania Ave., NW, Washington, DC 20220. Page 19 of 34 16.A.14.b Packet Pg. 363 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 1 RESTORE Act Status of Performance Report Department of the Treasury OMB Number 1505-0250 Instructions for Completing Form The purpose of this form is to report the status of progress toward reaching priority goals of the eligible Direct Component (DC) activity/Centers of Excellence (COE) discipline (i.e., measuring success, rather than listing milestones or tasks). Please focus on a discrete number of priority goals (1-3) and the corresponding performance measures (1-5). Complete boxes shaded in blue. Goal(s): Anticipated result(s). State the priority goal(s) to be achieved with the grant award. Priority goal(s) should clearly identify with the eligible DC activity/COE discipline. Eligible Activity/Discipline #: For a DC grant, select the DC number from the drop-down list that corresponds to the DC Eligible Activity associated with that measure. For a (COE) grant, select the COE number from the drop down list that corresponds to the COE Eligible Discipline associated with that measure. The DC numbers and COE numbers, along with the corresponding Eligible Activities and Disciplines, are listed directly below. Direct Component (DC) Eligible Activities DC - 1 Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region. DC - 2 Mitigation of damage to fish, wildlife, and natural resources. DC - 3 Implementation of a federally approved marine, coastal, or comprehensive conservation management plan, including fisheries monitoring. DC - 4 Workforce development and job creation. DC - 5 Improvements to or on State parks located in coastal areas affected by the Deepwater Horizon oil spill. DC - 6 Infrastructure projects benefitting the economy or ecological resources, including port infrastructure. DC - 7 Coastal flood protection and related infrastructure. DC - 8 Planning assistance. DC - 9 Promotion of tourism in the Gulf Coast Region, including recreational fishing DC - 10 Promotion of consumption of seafood hravested from the Gulf Coast Region Centers of Excellence (COE) Eligible Disciplines COE - 1 Coastal and deltaic sustainability, restoration and protection, including solutions and technology that allow citizens to live in a safe and sustainable manner in a coastal delta in the Gulf Coast Region. COE - 2 Coastal fisheries and wildlife ecosystem research and monitoring in the Gulf Coast Region. COE - 3 Offshore energy development, including research and technology to improve the sustainable and safe development of energy resources in the Gulf of Mexico. COE - 4 Sustainable and resilient growth, economic and commercial development in the Gulf Coast Region. COE - 5 Comprehensive observation, monitoring, and mapping of the Gulf of Mexico. Measure #: Starting with 1, number each performance measure. Measure: An indicator of success toward reaching a goal. This should reflect "how the applicant will evaluate success" from the narrative of an accepted multiyear plan. Baseline: The starting point of the measure. It is the status quo without the grant award. Target: The anticipated result of the measure. It is the anticipated new status with the grant award. Date: It is the anticipated date for reaching the target. Progress toward target (reporting period/cumulative): Leave blank on the initial report. For subsequent reports, record progress made during the reporting period and the progress made from the start date of the grant award through the current reporting period. Status/Next Steps: Briefly describe specific progress and/or challenges related to the measure. Applicant/Grantee:Collier County Board of County Commissioners Title: *Collier County Comprehensive Watershed Improvement Project Reporting Period Ending *Initial Report Year *2017 Goal(s): *30% design A- Eligible Activity/ Discipline # B- Measure # C- Measure D- Baseline E- Target F- Target Date G- Progress toward target (reporting period) H- Progress toward target (cumulative) I- Status/Next Steps Month Year DC-8 1 Number of planning deliverables completed 0 5 Jan 2021 0 0 According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 1505-0250. Comments concerning the time required to complete this information collection, including the time to review instructions, search existing data resources, gathering and maintaining the data needed, and completing and reviewing the collection of information, should be directed to the Department of the Treasury, Office of Gulf Coast Restoration, 1500 Pennsylvania Ave., NW, Washington, DC 20220. Page 20 of 34 16.A.14.b Packet Pg. 364 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 1 RESTORE Act Environmental Checklist Department of the Treasury OMB Number 1505-0250 Directions: The following questions will aid the applicant in identifying the environmental laws that may apply to the eligible activity and the environmental documents that may be required from listed agencies and submitted with the grant application. Follow up to the questions should be listed in the table located on the last page of the checklist. Treasury will use the submittals to record the Applicant's assertion that it has complied with applicable environmental laws. Collier County ComprehensivePROPOSED PROJECT NAME: Watershed Improvement Project Collier County Board of County CommissionersAPPLICANT NAME: FEDERAL LAWS 1.1 NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) The NEPA of 1969 (42 U.S.C. 4321 et seq.) provides a national policy that encourages "productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man . . ." The NEPA requires that all federal agencies use a systematic, interdisciplinary approach for protection of the human environment; this approach will ensure the integrated use of the natural and social sciences in any planning and decision-making that may have an impact upon the environment. The NEPA also requires the preparation of a detailed Environmental Impact Statement (EIS) on any major federal action that may have a significant impact on the environment. An Environmental Review may be required based on the answers to the following questions: 1)Will the proposed activity be under the permitting authority of any federal agency? * No 2)Will the proposed activity receive federal assistance (other than RESTORE Act funding)? * No 3)Will the proposed activity be subject to any federal regulatory decision or approval? * No If the answer to any of these questions is "yes," contact the relevant federal agency or agencies for further guidance on environmental compliance. Additional information concerning NEPA can be found at: https://ceq.doe.gov 4)Has any environmental review (e.g., NEPA documentation or state or tribal equivalent) been prepared for this proposed eligible activity? * No If yes, please attach a copy of the documentation to this checklist. 1.2. COASTAL ZONE MANAGEMENT ACT (CZMA) A federal consistency determination or certification pursuant to Section 307 of the Coastal Zone Management Act may be required from the state coastal zone management program, based on the answers to the following questions: 1)Will the proposed activity occur in or near the state designated coastal zone *https://coast.noaa.gov/czm/media/StateCZBoundaries.pdf Yes 2)Is the activity likely to have reasonably foreseeable effects on any land or water use or natural resource of the designated coastal zone? * No If the answer to either of these questions is "yes," contact the State Coastal Zone Management Program for further guidance on federal consistency requirements in your state. Further guidance onhttps://coast.noaa.gov/czm/about/?redirect=301ocm federal consistency can be found at: https://coast.noaa.gov/czm/consistency 1.3 ENDANGERED SPECIES ACT (ESA) A consultation pursuant to Section 7 of the Endangered Species Act and/or a permit and conservation plan pursuant to Section 10 may be required based on the answers to the following questions: 1)Will the proposed activity occur in proximity to threatened or endangered species or critical habitat as defined by the ESA and under the jurisdiction of the National Marine Fisheries Service (NMFS), Species and Critical Habitat Found in the Southeast Region :: Southeast Regional Office () or the U.S. Fish and Wildlifehttp://sero.nmfs.noaa.gov Service (USFWS), IPaC: Home () *https://ecos.fws.gov/ipac/ No 2)Will the proposed activity potentially affect threatened or endangered species or critical habitat as defined by the ESA and under the jurisdiction of NMFS or USFWS? See ( http://sero.nmfs.noaa.gov/protected_resources/section_7/effects_guidance/endangered_species_act_section_7_ ) for further information. *effects_determination_web_guidance_final.pdf No If the answer to either of these questions is "yes," or you are unsure, contact the appropriate ecological services field office of the USFWS, ( and/or the Office of Protected Resources Program of the NMFS, (), tohttps://www.fws.gov/offices/http://www.nmfs.noaa.gov/pr/index.htm determine if consultation is required. Most consultations are conducted informally with the federal agency or a designated non-federal representative. Non-federal representatives may be involved in the informal consultation process and may request and receive species lists, prepare the biological assessment, and provide information for the formal consultation. However, the action agency is required to formally designate the non-federal representative in writing. Moreover, the ultimate responsibility for Section 7 obligations remains with the federal action agency. Further guidance concerning Section 7 consultations can be found in the Endangered Species Act Consultation Handbook at Centralized Library, Final Section 7 Consultation Handbook: U.S. Fish and Wildlife Service (). Further guidancehttps://www.fws.gov/policy/m0002.html concerning Section 10 permits and conservation plans for activities involving threatened or endangered marine and anadromous species can be found at (). For terrestrial or freshwater species or land-based sea turtle activities,http://www.nmfs.noaa.gov/pr/permits/ESA_permits.html further guidance concerning section 10 permits and habitat conservation plans can be found at ( )https://www.fws.gov/endangered/esa-library/index.html 1.4 MIGRATORY BIRD TREATY ACT AND BALD AND GOLDEN EAGLE PROTECTION ACT The Migratory Bird Treaty Act makes it illegal for anyone to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations. The migratory bird species protected by the Act are listed in 50 C.F.R. 10.13. The Bald and Golden Eagle Protection Act Page 21 of 34 16.A.14.b Packet Pg. 365 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 2 prohibits anyone, without a permit issued by the Secretary of the Interior, from "taking" bald eagles [or any golden eagle], including their parts, nests, or eggs. The Act defines "take" as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb." A permit may be required based on the answers to the following questions: 1)Will the proposed activity affect any migratory bird species protected by the Migratory Bird Treaty Act? * No 2)Will the proposed activity affect any bald or golden eagles protected by the Bald and Golden Eagle Protection Act? * No If the answer to either question is "yes" or you are unsure, contact the appropriate ecological services field office of the USFWS, ( ) More information can be found at (https://www.fws.gov/birds/policies-and-regulations/permits/regional-permit-contacts.php ) and (https://www.fws.gov/birds/policies-and-regulations/laws-legislations/migratory-bird-treaty-act.php )https://www.fws.gov/birds/policies-and-regulations/laws-legislations/bald-and-golden-eagleprotection-act.php 1.5 MAGNUSON - STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT (FCMA) Consultation with the NMFS may be required if Essential Fish Habitat (EFH) is present and based on the answers to the following questions: 1)Will the proposed activity occur in proximity to Essential Fish Habitat as identified by the Protected Resources Program? ( and *http://www.fisherycouncils.org/http://www.nmfs.noaa.gov/sfa/management/councils/ No 2)Will the proposed activity potentially adversely affect EFH? * No If the answer to either of these questions is "yes" or you are unsure, contact the Office of Protected Resources Program of the NMFS, ( ), or Regional Fishery Management Council, (), to determine ifhttp://www.nmfs.noaa.gov/pr/index.htm http://www.fisherycouncils.org/ consultation is required. Further guidance concerning EFH can be found at, () Information abouthttp://www.habitat.noaa.gov/index.html consultations can be found in the Essential Fish Habitat Consultation Guidance at ( ).http://www.habitat.noaa.gov/pdf/efhconsultationguidancev1_1.pdf 1.6 MARINE MAMMAL PROTECTION ACT (MMPA) A permit may be required if an activity will result in the "take" of a marine mammal. Taking is defined as "to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal." Permits for most marine mammals are issued by NMFS. Manatees, polar bears, sea otters, walruses, and dugongs, however, are under the jurisdiction of the USFWS. 1)Will the proposed activity occur in proximity to any known marine mammals? ( ) or () *http://www.nmfs.noaa.gov/pr/species/mammals/https://ecos.fws.gov/ipac/ No 2)Will the proposed activity potentially adversely affect EFH? * No If the answer to either of these questions is "yes" or you are unsure, contact the NMFS Office of Protected Resources Program ( ) or the appropriate USFWS ecological services office () to determine if a permit ishttp://www.nmfs.noaa.gov/pr/https://www.fws.gov/offices/ required. Further guidance concerning marine mammal permits can be found at ()http://www.nmfs.noaa.gov/pr/permits/mmpa_permits.html 1.7 MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT (MPRSA) Titles I and II of the Marine Protection, Research, and Sanctuaries Act (MPRSA), also referred to as the Ocean Dumping Act, generally prohibits (1) transportation of material from the United States for the purpose of ocean dumping; (2) transportation of material from anywhere for the purpose of ocean dumping by U.S. agencies or U.S.-flagged vessels; (3) dumping of material transported from outside the United States into the U.S. territorial sea. A permit may be required based on the answers to the following questions: 1)Does the proposed activity involve an activity covered by the MPRSA? * No If the answer to this question is "yes," contact the Environmental Protection Agency's (EPA) Office of Wetlands, Oceans, and Watersheds/Oceans and Coastal Protection Division for further guidance () or (https://www.epa.gov/aboutepa/about-office-water ). Further guidance about permits under the MPRSA can be found at (https://www.epa.gov/aboutepa/about-office-water#wetlands )https://www.epa.gov/laws-regulations/summary-marine-protection-research-and-sanctuaries-act 1.8 NATIONAL MARINE SANCTUARIES ACT Each National Marine Sanctuary has its own unique set of regulations. There are some regulatory prohibitions that are typical for many sanctuaries: 1) discharging material or other matter into the sanctuary; 2) disturbance of, construction on or alteration of the seabed; 3) disturbance of cultural resources; and 4) exploring for, developing or producing oil, gas or minerals (with a grandfather clause for preexisting operations). A permit may be required from the National Oceanic and Atmospheric Administration (NOAA) based on the answers to the following questions: 1)Is the proposed activity located in a National Marine Sanctuary ( *http://sanctuaries.noaa.gov/about/regions.html)? No If the answer to this question is "yes" contact the nearest Regional Office of NOAA's National Marine Sanctuaries Program for further guidance ()http://sanctuaries.noaa.gov/about/southeast.html 1.9 CLEAN WATER ACT (CWA) A separate type of permit is required to dispose of dredge or fill material in the Nation's waters, including wetlands. Authorized by Section 404 of the Act, this permit program is administered by the U.S. Army Corps of Engineers (USACE), subject to and using environmental guidance from the EPA. Some types of activities are exempt from permit requirements, including certain farming, ranching, and forestry practices that do not alter the use or character of the land; some construction and maintenance; and activities already regulated by States under other provisions of the Act. A permit may be required from the USACE based on the answers to the following questions: 1)Will the proposed activity result in any disposal of dredge or fill material to the nation's waters or wetlands? * No If the answer to this question is "yes," contact the Regulatory Program of the nearest District Office of the USACE for further guidance on Section 404 permits at ()http://w3.saj.usace.army.mil/permits/HQAvatar/ A Water Quality Certification (Section 401) is required for activities that may result in a discharge into navigable waters, including wetlands, watercourses, and natural or man-made ponds. A National Pollution Discharge Elimination System (NPDES) permit may also be required for such discharges. 1)Will the proposed activity result in any discharge to navigable waters? * No Page 22 of 34 16.A.14.b Packet Pg. 366 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 3 If the answer to this question is "yes," contact your state water quality agency for additional guidance. Further guidance concerning Section 401 or NPDES requirements can be found at () and ()http://www.epa.gov/owow/wetlands/waterquality https://www.epa.gov/npdes 1.10 CLEAN AIR ACT (CAA) Special conditions may be required on projects that could affect air quality, based on the answers to the following questions: 1)Will the proposed activity result in any direct or indirect emissions within a non-attainment area? ( ) *https://www.epa.gov/green-book/ozone-designation-and-classification-information No If the answer to this question is "yes," contact the nearest state air quality agency at () for further guidance onhttp://www.4cleanair.org/ determining conformity with the state implementation plan. 1.11 NATIONAL HISTORIC PRESERVATION ACT (NHPA) AND THE ARCHAEOLOGICAL AND HISTORIC PRESERVATION ACT (AHPA) Special conditions may be required on projects that could affect historic resources, based on the answers to the following questions: 1)Will the proposed activity occur near property listed or eligible for listing in the National Register of Historic Places (), or near property otherwise protected by section 106 of the National Historic Preservationhttp://www.nps.gov/nr Act () or a similar State Preservation Act? *http://www.achp.gov/work106.html No If the answer to this question is "yes," or you are unsure, contact your state historic preservation office () for furtherhttp://www.ncshpo.org/ guidance concerning compliance requirements. 1.12 COASTAL BARRIER RESOURCE ACT (CBRA) Federal funding may be prohibited for projects that occur on certain designated coastal barriers, based on the answer to the following questions: 1)Is the proposed activity located on an undeveloped coastal barrier designated by the Coastal Barriers Resources Act? ( *https://www.fws.gov/ecological-services/habitat-conservation/coastal.html No If the answer to this question is "yes," contact the appropriate USFWS ecological services office for further guidance at ( )https://www.fws.gov/ecological-services/habitat-conservation/cbra/PDF/field_offices_contact.pdf 1.13 RIVERS AND HARBORS ACT A permit may be required from the USACE based on the answers to the following questions: 1)Will the proposed activity involve any work (including structures) that will occur in, over or under navigable waters of the United States? * No If the answer to this question is "yes," contact the Regulatory Program of the nearest District Office of the USACE ( ) for further guidance on Section 10 permits. The USACE can authorize activities by ahttp://w3.saj.usace.army.mil/permits/HQAvatar/index.htm standard individual permit, letter-of-permission, nationwide permit, or regional permit. The USACE will make the determination on what type of permit is needed. 1.14 RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) A RCRA permit may be required from the EPA or designated state agency based on the answers to the following question: 1)Will the proposed activity include the long-term storage, treatment, or disposal of hazardous materials or petroleum products? * No If the answer to this question is "yes," contact the nearest RCRA Regional Office of the EPA or state authorized agency for further guidance on RCRA compliance at ()https://www.epa.gov/compliance/resource-conservation-and-recovery-act-rcra-compliance-monitoring 1.15 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) Special provisions and requirements may apply based on the answer to the following question: 1)Will the proposed activity involve a Superfund site? () *https://www.epa.gov/superfund No If the answer to this question is "yes," contact the nearest Regional Office of the EPA for further guidance on CERCLA requirements at ( )https://www.epa.gov/aboutepa/visiting-regional-office 1.16 WILD AND SCENIC RIVERS ACT The Wild and Scenic Rivers Act prohibits federal support for actions such as the construction of dams or other instream activities that would harm the free-flowing condition, water quality, or outstanding resource values of a designated Wild and Scenic River. There are designated rivers in the Gulf Coast States and the Act may apply based on the answer to the following questions: 1)Is the proposed activity located on a designated Wild and Scenic River ( *http://www.rivers.gov/index.php)? No If the answer to this question is "yes," contact the appropriate USFWS ecological services office for further guidance at ( )https://www.fws.gov/where/ 1.17 SAFE DRINKING WATER ACT A permit may be required if the proposed activity will involve underground injection which may impact drinking water sources and based on the answer to the following question: 1)Will the proposed activity involve underground injection which may impact drinking water sources? * No If the answer to the question is "yes," contact the nearest state drinking water or underground injection control program at ( ). For further guidance, see (https://www.epa.gov/uic )https://www.epa.gov/uic/underground-injection-control-regulations-and-safe-drinking-water-act-provisions 1.18 FARMLAND PROTECTION POLICY ACT (FPPA) Page 23 of 34 16.A.14.b Packet Pg. 367 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 4 Projects are subject to FPPA requirements if they may irreversibly convert farmland (directly or indirectly) to nonagricultural use and are completed by a Federal agency or with assistance from a Federal agency. The project may be subject to the FPPA based on the answers to the following questions: 1)Will the proposed activity irreversibly convert farmland (directly or indirectly) to nonagricultural use? * No If the answer to the question is "yes," contact your local office of the Natural Resources Conservation Service (NRCS) or USDA Service Center for further guidance at () and (http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/contact/local/ )http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/landuse/fppa/ EXECUTIVE ORDERS Executive Orders are directives from the President of the United States to federal agencies and officials. 2.1 E.O. 11988 AND E.O. 13690 - FLOODPLAIN MANAGEMENT Executive Order 11988, as amended by Executive Order 13690 requires that an eight-step process be followed for projects that may have potential impacts to or within floodplains. 1)Is the proposed activity located in a designated floodway or "V-zone" on a National Flood Insurance Program map: ( *http://msc.fema.gov/portal)? No If the answer to this question is "yes," contact the nearest Regional Office of the Federal Emergency Management Agency for further guidance at ()http://www.fema.gov/national-flood-insurance-program-bureau-statistical-agent-regional-support-offices 2.2 E.O. 11990 and E.O. 12608-WETLAND PROTECTION This Executive Order requires agencies to avoid providing assistance for new construction located in wetlands unless there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands, which may result from such use. The Executive Order defines wetlands: ¿(c) The term "wetlands" means those areas that are inundated by surface or ground water with a frequency sufficient to support and under normal circumstances does or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds." ( ) For further guidance, contact the appropriate ecological services field office of the USFWS (https://www.fws.gov/wetlands/Data/Mapper.html )https://www.fws.gov/wetlands/NWI/RWC.html 1)Is any portion of the project proposing a new construction activity in wetlands? * No If the answer to this question is "yes," provide documentation in the grant application demonstrating that: (1) there is no practicable alternative, and (2) the proposed activity includes all practicable measures to minimize harm to wetlands. 2.3 E.O. 12898 - ENVIRONMENTAL JUSTICE This Executive Order requires that "each federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations." 1)Will the proposed activity have disproportionately high and adverse human health or environmental effects on minority or low-income populations? * No If the answer to this question is "yes," see the Council on Environmental Quality website for further guidance on Environmental Justice: https://ceq.doe.gov/nepa_information/justice.html 2.4 E.O. 13089 - Coral Reef Protection This Executive Order requires that any actions that are authorized or funded by federal agencies not degrade the condition of coral reef ecosystems. Some of the Gulf Coast States contain coral reef ecosystems and include National Marine Sanctuaries ()http://sanctuaries.noaa.gov 1)Will the proposed activity involve a coral reef ecosystem or National Marine Sanctuary? * No If the answer to this question is "yes," contact the National Oceanic and Atmospheric Administration Coral Reef Conservation Program for further guidance at (). Further guidance regarding Executive Order 13089 can be found at (http://coralreef.noaa.gov/ )https://ceq.doe.gov/nepa/regs/eos/eo13089.html 2.5 E.O. 13112 - INVASIVE SPECIES This Executive Order requires agencies to prevent the introduction of invasive species and provide for their control. 1)Will the proposed activity have the potential to introduce or cause the spread of an invasive species? * No If the answer to this question is "yes," provide documentation demonstrating that the benefits of the activity clearly outweigh the potential harm caused by invasive species, and that all feasible and prudent measures to minimize risk of harm will be taken in conjunction with the actions. For further guidance on invasive species, see () or ()/http://www.invasivespeciesinfo.gov/index.shtml https://www.fws.gov/invasives 2.6 E.O. 13186 - RESPONSIBILITIES OF FEDERAL AGENCIES TO PROTECT MIGRATORY BIRDS This Executive Order requires the incorporation and promotion of migratory bird conservation considerations into all agency activities. The Gulf Coast States contain North American migration flyways. 1)Is the proposed activity likely to occur during a time of the year when migrating birds are in the vicinity? * No If the answer to this question is "yes," contact the appropriate USFWS ecological services office for further guidance at ( ). Further guidance regarding Executive Order 13186 can be found at () and (https://www.fws.gov/where/https://www.fws.gov/birds/index.php )https://www.fws.gov/birds/policies-and-regulations/executive-orders.php 2.7 E.O. 13653 - PREPARING THE UNITED STATES FOR THE IMPACTS OF CLIMATE CHANGE This Executive Order requires federal agencies to identify and support smarter, more climate-resilient investments by States, local communities, and tribes, including by providing incentives through agency guidance and grants. Page 24 of 34 16.A.14.b Packet Pg. 368 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 5 1)Will the proposed activity incorporate elements that promote climate-resilience (e.g., to rising sea levels)? * No If yes, include a brief description of the climate-resilient elements in the grant application proposed activity description. Executive Order 13563 can be found at () For further guidance, see (https://www.gpo.gov/fdsys/pkg/FR-2015-03-25/pdf/2015-07016.pdf )https://www.whitehouse.gov/administration/eop/ceq/sustainability Tracking Report Status Report the status of your contact with required agencies/tribes on the table below which coincides with the environmental laws outlined in the checklist. Provide the date of contact, name of agency/tribe contacted, location, and any necessary permit, certification, or other determination or mitigation proposed by the agency/tribe. If none, state so. Status of Contact Table Federal law as listed in checklist Date of contact Name of agency/tribe contacted Location Permit, certification, determination or mitigation required Coastal Zone Management Act 12/06/2017 Chris Stahl, Coordinator Florida State Clearinghouse Florida Department of Environmental Protection Tallahassee Florida No further action required - see documentation Certification Signature of Authorized Certifying Official Name Date 12/11/2017 Title * Deputy County Manager Organization Collier County Board of County Commissioners According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 1505-0250. Comments concerning the time required to complete this information collection, including the time to review instructions, search existing data resources, gathering and maintaining the data needed, and completing and reviewing the collection of information, should be directed to the Department of the Treasury, Office of Gulf Coast Restoration, 1500 Pennsylvania Ave., NW, Washington, DC 20220. Page 25 of 34 16.A.14.b Packet Pg. 369 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Upload #1 Applicant:Collier County Board of County Commissioners Application Number:RDC2018000091 Project Title:Comprehensive Watershed Improvement Plan Project Development and Permitting Status:Submitted Document Title:Email from Clearinghouse Page 26 of 34 16.A.14.b Packet Pg. 370 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) 1 CollierMindy From:Stahl, Chris [Chris.Stahl@dep.state.fl.us] Sent:Wednesday, December 06, 2017 2:35 PM To:CollierMindy Subject:RE: RESTORE Clearinghouse question While it is covered by EO 12372, the Florida State Clearinghouse does not select the project for review. You may proceed with your project. Please send future electronic requests directly to the State Clearinghouse email address, State.Clearinghouse@dep.state.fl.us. Good Luck. Chris Stahl Chris Stahl, Coordinator Florida State Clearinghouse Florida Department of Environmental Protection 2600 Blair Stone Road, M.S. 47 Tallahassee, FL 32399-2400 ph. (850) 717-9076 State.Clearinghouse@dep.state.fl.us From: CollierMindy [mailto:MindyCollier@colliergov.net] Sent: Wednesday, December 6, 2017 2:23 PM To: Stahl, Chris <Chris.Stahl@dep.state.fl.us> Subject: RESTORE Clearinghouse question Importance: High Hi Chris, I’m in Collier County now and have a dilemma/question. Collier County is submitting a project application to the RESTORE Direct Component pot (DUE 12/11) for PLANNING and treasury is telling me I need to get Clearinghouse review. The project is the development and conceptual design (to 30% level of design) of the Collier County Watershed Improvement Plan. The goal is to use the conceptual design to assist in the design and permitting of the plan – which will obviously be coming through your office. What do I need to send you for the review since this is really in the planning stage? ALSO, what is your current phone number. I believe I have an old one (850)245-2169 Thanks!! Respectfully, Mindy Lee Collier Operations Analyst Coastal Zone Management Page 27 of 34 16.A.14.b Packet Pg. 371 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) 2 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 telephone or in writing. Right-click here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet. Dep Customer Survey Page 28 of 34 16.A.14.b Packet Pg. 372 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Upload #2 Applicant:Collier County Board of County Commissioners Application Number:RDC2018000091 Project Title:Comprehensive Watershed Improvement Plan Project Development and Permitting Status:Submitted Document Title:Authorization Letter Page 29 of 34 16.A.14.b Packet Pg. 373 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 30 of 34 16.A.14.b Packet Pg. 374 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 31 of 34 16.A.14.b Packet Pg. 375 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Page 32 of 34 16.A.14.b Packet Pg. 376 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Upload #3 Applicant:Collier County Board of County Commissioners Application Number:RDC2018000091 Project Title:Comprehensive Watershed Improvement Plan Project Development and Permitting Status:Submitted Document Title:Location Map Page 33 of 34 16.A.14.b Packet Pg. 377 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act) Collier County Comprehensive Watershed Improvement Plan Projects Page 34 of 34 16.A.14.b Packet Pg. 378 Attachment: RESTORE APP 12.11.2017 (4352 : After-the-fact RESTORE Act)