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Agenda 05/12/2015 Item #16A17 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute a Letter of Intent to the United States Army Corps of Engineers for Collier County to serve as a non-Federal sponsor for a shoreline protection feasibility study within Collier County. OBJECTIVE : For the Board of County Commissioners (BCC) to approve the execution of a Letter Of Intent (LOI) to the United States Army Corps of Engineers (USACE) to indicate Collier County’s willingness to serve as a non-Federal sponsor for the shoreline protection feasibility study within Collier County. CONSIDERATIONS : Collier County does not currently receive federal funding through the USACE for shoreline protection. Most coastal communities throughout the state participate in a 50-year federal grant program for shoreline protection with the USACE. The USACE conducted a reconnaissance report in 1992 and indicated favorable conditions existed for federal participation for shoreline protection within Collier County. Collier County however, elected not to move forward with this program. In 2007, the Water Resources Development Act authorized a Collier County feasibility study to determine the feasibility of carrying out a hurricane and flood damage reduction project in the vicinity of the Vanderbilt, Park Shore, and Naples beaches. However, no funding was appropriated to undertake this project. The attached Letter of Intent requests full funding to be budgeted within the USACE budget to conduct a feasibility cost share agreement, project management plan, and a subsequent feasibility study in the upcoming Civil Works Investigations Work Plan. It also affirms Collier County’s willingness to participate as a non-Federal sponsor in the feasibility study. It is important to note that the Letter of Intent does not contractually bind the County to participate in the project. As noted in the letter, “it is simply a statement of intent and expression of interest” that will require further Board approval if the project moves forward. FISCAL IMPACT : If the feasibility study is authorized by the Secretary of Defense, Collier County’s non-Federal cost share participation will not exceed $1,500,000. Proposed source of funding is Tourist Development Tax (TDC). GROWTH MANAGEMENT IMPACT : There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS : This item has been approved as to form and legality and requires majority vote for approval. – CMG RECOMMENDATION : That the Board of County Commissioners approves and authorizes the Chairman to execute a Letter of Intent to the United States Army Corps of Engineers (USACE) for Collier County to serve as a non-Federal sponsor for the shoreline protection feasibility study within Collier County. Packet Page -666- 5/12/2015 16.A.17. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees & Program Management Attachments : A) Army Corps of Engineers Letter of Intent; B) Section 1001 WRDA2014 Packet Page -667- 5/12/2015 16.A.17. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.17. Item Summary: Recommendation to approve and authorize the Chairman to execute a Letter of Intent to the United States Army Corps of Engineers for Collier County to serve as a non-Federal sponsor for a shoreline protection feasibility study within Collier County. Meeting Date: 5/12/2015 Prepared By Name: HambrightGail Title: Accountant, Coastal Zone Management 4/29/2015 9:05:20 AM Submitted by Title: Accountant, Coastal Zone Management Name: HambrightGail 4/29/2015 9:05:21 AM Approved By Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 4/29/2015 11:30:57 AM Name: McAlpinGary Title: Manager - Coastal Management Programs, Coastal Zone Management Date: 4/29/2015 11:53:03 AM Name: PattersonAmy Title: Manager - Impact Fees & EDC, Capital Project Planning, Impact Fees and Program Management Date: 4/29/2015 2:06:41 PM Name: Tara Castillo Title: Management/Budget Analyst, Capital Construction & Maintenance Budget/Fiscal Date: 4/29/2015 3:05:26 PM Packet Page -668- 5/12/2015 16.A.17. Name: KearnsAllison Title: Manager Financial & Operational Support, Capital Construction & Maintenance Budget/Fiscal Date: 4/29/2015 3:06:24 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/29/2015 3:50:15 PM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 4/29/2015 4:18:23 PM Name: MaeEsther Title: Accountant, Senior, Grants Management Office Date: 4/29/2015 4:24:02 PM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 4/29/2015 4:30:50 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/30/2015 8:25:15 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/30/2015 11:23:41 AM Packet Page -669- 5/12/2015 16.A.17. May 12, 2015 Colonel Alan M. Todd District Commander Jacksonville District, U.S. Army Corps of Engineers 701 San Marco Boulevard Jacksonville, FL 32207-8175 Dear Colonel Todd: The U.S. Army Corps of Engineers (USACE) prepared a “Collier County, Florida Shore Protection Study Reconnaissance Report” for Collier County, Florida in response to a Congressional resolution adopted on April 30, 1992 by the Committee on Public Works and Transportation of the United States House of Representatives. This investigation included a reconnaissance of the 32 miles of shoreline in Collier County from the north county line south to Cape Romano. The reconnaissance study efforts, however, focused on 9 miles of heavily-developed and eroded shoreline of the Vanderbilt, Park Shore, and Naples beaches. This area included most of the shoreline from Wiggins Pass to Gordon Pass in Collier County. The reconnaissance study was approved. The study concluded that the Vanderbilt, Park Shore, and Naples beaches were low and flat. The beach widths were extremely narrow at high tide, providing little protection to upland development and very little recreational beach. Long-term erosion, coupled with the potential impacts from sea level rise, placed seawalls, bulkheads, buildings, and other structures in danger of severe damage from storms. Economic analysis of the erosion problems and possible solutions to those problems indicated that justification clearly exists for federal participation for shore protection within Collier County. In 2007 the following language was included in the Water Resources Development Act authorizing a Collier County Beaches feasibility study: Collier County Beaches, Florida The Secretary shall conduct a study to determine the feasibility of carrying out a project for hurricane storm damage reduction and flood damage reduction in the vicinity of Vanderbilt, Park Shore, and Naples beaches, Collier County, Florida. The Collier County Board of Commissioners (BCC) requests a funded Collier County Shore Protection Program be included in the USACE upcoming Civil Works Investigations Work Packet Page -670- 5/12/2015 16.A.17. 2 Plan FY 2017 Budget. This should include budgets for the feasibility cost share agreement, a project management plan, and subsequent feasibility study. The BCC also understands that the feasibility study, initiated by the Secretary of Defense and enacted by the Water Resources Development Act, will: Be completed no later than 3 years after initiation; have a maximum federal cost of $3,000,000; and, ensure 3 levels of review by USACE personnel. It is the intent of the BCC, with full understanding of the Project Partnership Agreements requirements, to act as a non-Federal sponsor for the study and subsequent project. The BCC also understands that if a feasibility study is authorized, then its non-Federal cost share participation in the feasibility study will not exceed $1,500,000. As project sponsor, the BCC will be responsible for lands, easements, right of way, relocations, and disposals necessary for construction, operations and maintenance (less credits for prior projects), and work-in-kind as permitted by law. It is further understood the County will be responsible for the non-Federal share of costs to be determined for the feasibility study and subsequent construction as prescribed in law. It is further understood that this Letter of Intent does not contractually bind or commit the BCC to participate in a project. It is simply a statement of intent and expression of interest in serving as a non-Federal sponsor should a project be identified that meets the needs of the BCC. Thank you for your attention to this request. Please feel free to contact Coastal Zone Manager Gary McAlpin at 239-252-5342 or GaryMcAlpin@colliergov.net if you need additional information. Sincerely, Tim Nance, Chair Collier County Board of County Commissioners Packet Page -671- 5/12/2015 16.A.17. 128 STAT. 1196 PUBLIC LAW 113–121—JUNE 10, 2014 TITLE I—PROGRAM REFORMS AND STREAMLINING SEC. 1001. VERTICAL INTEGRATION AND ACCELERATION OF STUDIES. (a) I N G ENERAL .—To the extent practicable, a feasibility study initiated by the Secretary, after the date of enactment of this Act, under section 905(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(a)) shall— (1) result in the completion of a final feasibility report not later than 3 years after the date of initiation; (2) have a maximum Federal cost of $3,000,000; and (3) ensure that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under that section. (b) E XTENSION .—If the Secretary determines that a feasibility study described in subsection (a) will not be conducted in accordance with subsection (a), the Secretary, not later than 30 days after the date of making the determination, shall— (1) prepare an updated feasibility study schedule and cost estimate; (2) notify the non-Federal feasibility cost-sharing partner that the feasibility study has been delayed; and (3) provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representa- tives as to the reasons the requirements of subsection (a) are not attainable. (c) T ERMINATIONOF A UTHORIZATION .—A feasibility study for which the Secretary has issued a determination under subsection (b) is not authorized after the last day of the 1-year period beginning on the date of the determination if the Secretary has not completed the study on or before such last day. (d) E XCEPTION .— (1) I NGENERAL .—Notwithstanding the requirements of sub- section (c), the Secretary may extend the timeline of a study by a period not to exceed 3 years, if the Secretary determines that the feasibility study is too complex to comply with the requirements of subsections (a) and (c). (2) F ACTORS .—In making a determination that a study is too complex to comply with the requirements of subsections (a) and (c), the Secretary shall consider— (A) the type, size, location, scope, and overall cost of the project; (B) whether the project will use any innovative design or construction techniques; (C) whether the project will require significant action by other Federal, State, or local agencies; (D) whether there is significant public dispute as to the nature or effects of the project; and (E) whether there is significant public dispute as to the economic or environmental costs or benefits of the project. (3) N OTIFICATION .—Each time the Secretary makes a deter- mination under this subsection, the Secretary shall provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation Time period. Determination. Time period. Notification. Cost estimate. Determination. Deadline. Reports. Deadline. 33 USC 2282c. VerDate Mar 15 2010 05:47 Jun 28, 2014Jkt 039139PO 00121Frm 00004Fmt 6580Sfmt 6581E:\PUBLAW\PUBL121.113PUBL121 sr o b i n s o n o n D S K B 3 0 7 Y Q 1 P R O D w i t h P U B L I C L A W S Packet Page -672- 5/12/2015 16.A.17. 128 STAT. 1197 PUBLIC LAW 113–121—JUNE 10, 2014 and Infrastructure of the House of Representatives as to the results of that determination, including an identification of the specific 1 or more factors used in making the determination that the project is complex. (4) L IMITATION .—The Secretary shall not extend the timeline for a feasibility study for a period of more than 7 years, and any feasibility study that is not completed before that date shall no longer be authorized. (e) R EVIEWS .—Not later than 90 days after the date of the initiation of a study described in subsection (a) for a project, the Secretary shall— (1) take all steps necessary to initiate the process for com- pleting federally mandated reviews that the Secretary is required to complete as part of the study, including the environ- mental review process under section 1005; (2) convene a meeting of all Federal, tribal, and State agencies identified under section 2045(e) of the Water Resources Development Act of 2007 (33 U.S.C. 2348(e)) that may be required by law to conduct or issue a review, analysis, or opinion on or to make a determination concerning a permit or license for the study; and (3) take all steps necessary to provide information that will enable required reviews and analyses related to the project to be conducted by other agencies in a thorough and timely manner. (f) I NTERIM R EPORT .—Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Com- mittee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that describes— (1) the status of the implementation of the planning process under this section, including the number of participating projects; (2) a review of project delivery schedules, including a description of any delays on those studies participating in the planning process under this section; and (3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process for water resource projects. (g) F INAL R EPORT .—Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representa- tives and make publicly available a report that describes— (1) the status of the implementation of this section, including a description of each feasibility study subject to the requirements of this section; (2) the amount of time taken to complete each feasibility study; and (3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process, including an analysis of whether the limitation established by subsection (a)(2) needs to be adjusted to address the impacts of inflation. Public information. Public information. Meeting. Deadline. VerDate Mar 15 2010 05:47 Jun 28, 2014Jkt 039139PO 00121Frm 00005Fmt 6580Sfmt 6581E:\PUBLAW\PUBL121.113PUBL121 sr o b i n s o n o n D S K B 3 0 7 Y Q 1 P R O D w i t h P U B L I C L A W S Packet Page -673- 5/12/2015 16.A.17. 128 STAT. 1198 PUBLIC LAW 113–121—JUNE 10, 2014 SEC. 1002. CONSOLIDATION OF STUDIES. (a) I N G ENERAL .— (1) R EPEAL .—Section 905(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(b)) is repealed. (2) C ONFORMINGAMENDMENT .—Section 905(a)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(a)(1)) is amended by striking ‘‘perform a reconnaissance study and’’. (b) C ONTENTSOF F EASIBILITY R EPORTS .—Section 905(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(a)(2)) is amended by adding at the end the following: ‘‘A feasibility report shall include a preliminary analysis of the Federal interest and the costs, benefits, and environmental impacts of the project.’’. (c) F EASIBILITY S TUDIES .—Section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282) is amended by adding at the end the following: ‘‘(g) D ETAILED P ROJECT S CHEDULE .— ‘‘(1) I NGENERAL .—Not later than 180 days after the date of enactment of this subsection, the Secretary shall determine a set of milestones needed for the completion of a feasibility study under this subsection, including all major actions, report submissions and responses, reviews, and comment periods. ‘‘(2) D ETAILEDPROJECTSCHEDULEMILESTONES .—Each Dis- trict Engineer shall, to the maximum extent practicable, estab- lish a detailed project schedule, based on full funding capability, that lists all deadlines for milestones relating to feasibility studies in the District developed by the Secretary under para- graph (1). ‘‘(3) N ON -FEDERALINTERESTNOTIFICATION .—Each District Engineer shall submit by certified mail the detailed project schedule under paragraph (2) to each relevant non-Federal interest— ‘‘(A) for projects that have received funding from the General Investigations Account of the Corps of Engineers in the period beginning on October 1, 2009, and ending on the date of enactment of this subsection, not later than 180 days after the establishment of milestones under para- graph (1); and ‘‘(B) for projects for which a feasibility cost-sharing agreement is executed after the establishment of milestones under paragraph (1), not later than 90 days after the date on which the agreement is executed. ‘‘(4) C ONGRESSIONALANDPUBLICNOTIFICATION .—Beginning in the first full fiscal year after the date of enactment of this subsection, the Secretary shall— ‘‘(A) submit an annual report that lists all detailed project schedules under paragraph (2) and an explanation of any missed deadlines to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Rep- resentatives; and ‘‘(B) make publicly available, including on the Internet, a copy of the annual report described in subparagraph (A) not later than 14 days after date on which a report is submitted to Congress. Public information. Web posting. Records. Deadline. Reports. Effective date. Time period. Deadlines. Certified mail. Deadline. Determination. VerDate Mar 15 2010 05:47 Jun 28, 2014Jkt 039139PO 00121Frm 00006Fmt 6580Sfmt 6581E:\PUBLAW\PUBL121.113PUBL121 sr o b i n s o n o n D S K B 3 0 7 Y Q 1 P R O D w i t h P U B L I C L A W S Packet Page -674- 5/12/2015 16.A.17.