Item D1
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMS~RY
Meeting Date: 13 March 2001
Commissioner District 2: George Neugent
Bulk Item: Yes -X-
No_
AGENDA ITEM WORDING:
Approval of revisions to the Memorandum of Agreement and Certificate of Transfer for the Spiegel Grove.
ITEM BACKGROUND:
For nearly six years now the County has held a permit for the location of the final resting place of the Spiegel Grove, a
World War II era LSD now destined to be an artificial reef off Key Largo. The County signed a Memorandum of
Agreement and Certificate of Transfer with the Florida Fish and Wildlife Conservation Commission (FFWCC) in June 1999
for transfer of the ship. Since then, the location of the shipyard and the relevant dates for the ship cleaning has changed.
FFWCC felt that the agreements between the County and FFWCC should reflect technical changes that have occurred since
previous agreements and transfer documents were signed. Thus, the Memorandum of Agreement and Transfer Agreement
are before you today. Otherwise, no other changes have been made to the agreement.
The Upper Keys sponsors for the sinking of the Spiegel Grove anticipated moving the ship for final clean up on 13 March
200 1. They have already committed money and resources so approval of the attached documents at the request of FFWCC
will speed the clean up and sinking without loss of dollars committed by Upper Keys Dive operators.
PREVIOUS REVELANT BOCC ACTION:
June 1999 - Approval of Memorandum of Agreement and Certificate of Transfer for the Spiegel Grove
CONTRACT/AGREEMENT CHANGES:
Revision to original Memorandum of Agreement to reflect changing conditions for clean-up of the Spiegel Grove
STAFF RECOMMENDATIONS:
Approval of Revisions - Emergency Add-on -Neugent
TOTAL COST: None
BUDGETED: Yes
No
COST TO COUNTY: None
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH NA Year
APPROVED BY:
County Atty NA
OMBlPurchasing NA
Risk Management _X_
COUNTY COMMISSIONER:
Mayor George Neugent, Commissioner District 2
DOCUMENTATION:
Included --X-
To Follow_
Not Required_
DISPOSITION:
AGENDAITEM#~
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
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BARBARA C. BARSH QUINTON L. HEDGEPETH, DDS H.A. "HERKY" HUFFMAN DAVID K. MEEHAN
Jacksonville Miami Deltona St. Petersburg
JULIE K. MORRIS TONY MOSS EDWIN P. ROBERTS, DC JOHN D. ROOD
Sarasota Miami Pensacola Jacksonville
ALLAN L. EGBERT, Ph.D., Executive Director
VICTOR J. HELLER, Assistant Executive Director
DMSION OF MARINE FISHERIES
Kenneth D. Haddad, Interim Director
Roy O. Williams, AssL Director
March 9, 2001
Mr. George Garrett, Director
Department of Marine Resources
Monroe County
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Dear Mr. Garrett:
Enclosed are three original revised Memorandum of Agreement documents between the
Florida Fish and Wildlife Conservation Commission (FWCC) and The County of Monroe. Also,
enclosed are three original revised Certification of Transfer documents. There have been minor
changes regarding places, dates and names, otherwise wording is generally the same as the
1999 version of each document previously signed by the Monroe County Board of County
Commissioners. The FWCC legal staff has not reviewed the revised Memorandum of
Agreement or the Certification of Transfer, but I feel it necessary to go ahead and forward you
the information for County legal review, Board consideration and signature.
After review and signature please send all three originals of each document back to me.
Please send the documents back by Federal Express to my attention at 2590 Executive Center
Circle East, Suite 203, Tallahassee, Florida 32301. Once our Commission has signed an
original of each document will be sent back to you for your files. If you have any questions,
please do not hesitate to contact me at (850) 488-6058.
Sincerely,
'\ .--'
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,~/~.~<~.~~. .; '( _ i~'_{.<:'';'~,-,
Jon Dodrill
r.' Environmental Administrator
Bureau of Marine Fisheries Management
J D/kat
Enclosures
620 South Meridian Street. Mailbox MF-MFM. Tallahassee, FL 32399-1600. (850) 488-6058. FAX (850) 922-0463
www.state.fl.us/fwc/
MEMORANDUM OF AGREEMENT
BETWEEN
THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
AND
THE COUNTY OF MONROE
WHEREAS, Public Law 92-402, dated August 22, 1972, as amended by Public Law 98-623,
authorizes the Secretary of Transportation to transfer to States, without consideration, all right, title and
interest of the UNITED STATES OF AMERICA in and to any obsolete vessel which, but for operation of
Public Law 92-402, as amended, would be designated by the Secretary of Transportation for scrapping,
if the State intends to sink such vessel for use as an offshore artificial reef for the conservation of marine
life; and
WHEREAS, the STATE OF FLORIDA, at the specific request of the COUNTY OF MONROE, a
Florida local coastal government (hereinafter referred to as "COUNTY"), filed an application dated March
4, 1996, for the obsolete former Navy vessel U.S.S. SPIEGEL GROVE (LSD-32) (hereinafter referred to
as "Vessel") to be sunk off the coast of Florida as an artificial reef for the conservation of marine life; and
WHEREAS, the STATE OF FLORIDA, as represented by the FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION and the COUNTY OF MONROE have entered into a Memorandum of
Agreement on September 9, 1999 for the procurement of an obsolete former Navy vessel for deployment
as an artificial reef, and
WHEREAS, the UNITED STATES OF AMERICA, as represented by the U.S. Department
of Transportation's Maritime Administration (hereinafter referred to as MARAD) has authorized the
transfer of the said Vessel to the STATE OF FLORIDA, contingent upon compliance with terms and
conditions related to the transport of the Vessel and the removal of potential environmental
contaminants. These terms are incorporated into the revised "Certificate of Transfer From United States
of America To State of Florida" (MARAD Contract No. MA-13520) a copy of which is incorporated into
this Agreement as Attachment 1,
BE IT THEREFORE AGREED:
1. That the STATE OF FLORIDA, FISH AND WILDLIFE CONSERVATION COMMISSION
(hereinafter referred to as COMMISSION) acceptance of this Vessel from MARAD is contingent
upon execution of this Agreement;
2. That this Amendment supercedes and nullifies the previous Memorandum of Agreement (and its
Attachments) between the COMMISSION AND THE COUNTY dated September 9, 1999; and
3. That the COUNTY agrees to accept delivery of, and full responsibility for the Vessel "as is" at the
James River Reserve Fleet, Fort Eustis, Virginia, as described in this Agreement, following
execution of this MOA by both parties, and execution of Attachment 1 by MARAD and the
Commission and
4. That the COUNTY shall accept from the COMMISSION clear title to the Vessel to include
ownership and full responsibility for the Vessel immediately upon its arrival at the facilities of
Accurate Marine Environmental in Portsmouth, Virginia as agreed upon in a revised Certificate of
Title Transfer from the State of Florida the County and
5. That the COUNTY will coordinate with all federal and state agencies involved with the Vessel,
using the following points of contact:
a) Mr. Steven Jackson,
Chief, Division of Vessel Transfer & Disposal
U.S. Department of Transportation
Maritime Administration
MAR-631, Room 7307
400 Seventh Street S. W.
Washington, D.C. 20590
(202) 366-5821
b) Mr. Stuart Perry
U.S. Environmental Protection Agency, Region 4
Air, Pesticides and Toxics Management Division
Atlanta Federal Center
61 Forsyth Street, S.W.
Atlanta, GA 30303-3104
(404) 562-8980
c) Commanding Officer
U.S. Coast Guard 5th District
Marine Safety Office
200 Gransby Street, Suite 700
Norfolk, VA 23510-1888
(757) 441-3302
d) Chief Warrant Officer Marc Dejesus
U.S. Coast Guard yth District
Marine Safety Office
100 MacArthur Causeway
Miami Beach, FL 33139
(305) 535-8744
e) Commanding Officer
U.S. Coast Guard 8th District
Marine Safety Division
Hale Boggs Federal Building
501 Magazine Street, Room 1341
New Orleans, LA 70130-3396
(504) 589-6271
f) Mr. Billy Causey, Sanctuary Superintendent
Florida Keys National Marine Sanctuary
U.S. Dept. of Commerce, NOAA
P.O. Box 500368
Marathon, FL 33050
(305) 743-2437
g) Mr. Jon Dodrill, Environmental Administrator
Florida Fish and Wildlife Conservation Commission
Division of Marine Fisheries
3900 Commonwealth Boulevard, MS 240
Tallahassee, FL 32399-3000
(850) 922-4340
6. That the COUNTY will complete the transportation, cleaning, and sinking of the Vessel prior to
the expiration date (July 10, 2001) of the U.S. Department of Army, Corps of Engineers
(hereinafter referred to as the "CORPS") artificial reef permit number 199502550 (I P-EJ) or obtain
authorization from the CORPS for a permit time period extension, and comply with all of the
conditions as specified in the permit, especially the following:
a) Notification to the Jacksonville Regulatory Division South Permits Branch Chief of the
proposed date of commencement of the cleaning operations and the date of final completion
of the sinking of the Vessel, and
b) Notification to the Manager, Florida Keys National Marine Sanctuary (hereinafter referred to
as "FKNMS") when the Vessel is ready for transport to the sinking site so that a FKNMS
representative, at their option, can inspect the Vessel, and
c) Notification to the FKNMS when the Vessel is to be transported to the sinking site, so that, at
their option, a representative can be present to help ensure proper placement of the Vessel,
and
d) Any modifications to the permitted activity is approved by the FKNMS, and
e) Ensure that the total height of the Vessel at the time of sinking does not exceed eighty (80)
feet, so that a minimum navigational clearance of forty (40) feet is maintained.
7. That the COUNTY shall, to the extent it may legally do so, indemnify and hold harmless and
defend both MARAD and the COMMISSION and their agents and employees against any and all
claims and demands (including, but not limited to costs and reasonable attorneys' fees in
defending such claims or demands, whether or not the claim or demand be found valid) of
whatsoever kind or nature by whomsoever asserted such claims or demands including but not
limited to, fines and penalties for alleged violations of environmental laws and regulations, claims
for injury to persons, property, or the environment, arising from or in any way connected with the
Vessel including handling or disposal of any hazardous, toxic or regulated materials or wastes on
or removed from the vessel, and
8. That the COUNTY accepts full responsibility as a co-generator of hazardous wastes and ensure
compliance with all manifesting, permitting, and disposal requirements for all hazardous materials
present on the Vessel, and
9. That the COUNTY shall assume all responsibility, and hereby acknowledges its duty to comply
with all environmental laws and regulations including but not limited to the Comprehensive
Environmental Response, Cleanup and Liability Act of 1980 (CERCLA), as amended; Resource
Conservation and Recovery Act (RCRA), Clean Air Act (CAA) , Federal Water Pollution Control
Act - commonly referred to as the Clean Water Act (CWA), Oil Pollution Act of 1990, Safe
Drinking Water Act, Toxic Substances Control Act (TSCA), and similar state and local laws. The
COUNTY agrees that it shall insure performance of all required duties, including those of
generator of hazardous toxic and regulated materials and wastes, including, but not limited to
Polychlorinated Biphenyls (PCB) waste for any regulated PCBs or PCB items removed from the
Vessel. VVith respect to the identification, handling, removal, transportation, storage and disposal
of PCBs, the COUNTY shall comply with TSCA 15 U.S.C. S 2601 et seq, the implementing
regulations at 40 C.F.R. Part 761, and
10. That the COUNTY agrees to complete the following conditions required by MARAD, the U.S.
Environmental Protection Agency (hereinafter referred to as "EPA"), the FKNMS and the
COMMISSION prior to the Vesselleavina the James River Reserve Fleet:
a) Provide to both the MARAD and the COMMISSION the company name, address, telephone
number, and contact person of the selected towing company, as well as an organization chart
names and phone numbers of project managers, technical coordinators and line supervisors
involved in the various aspects of Vessel salvage, cleaning, and hazardous waste removal.
b) Provide to the COMMISSION a copy of the Vessel preparation and sinking contract
agreement between the COUNTY or its designee, The Key Largo Chamber of Commerce and
the selected contractor, Ocean Reefs, Inc.
c) Provide documentation to both MARAD and the COMMISSION that the designated
contractor, Ocean Reefs Inc. has in place a marine insurance policy. The policy shall be in
effect during the time period that will cover the Vessel tow from the James River Reserve
Fleet to Portsmouth, Virginia, the vessel cleaning process in Portsmouth, Virginia and the final
tow to the permitted site off Key Largo, Florida. The COMMISSION, the COUNTY and
MARAD shall be named in the policy as insured. The amount of the policy coverage must be
acceptable to both the COMMISSION and MARAD and be at no cost to the COMMISSION or
MARAD. The policy shall provide for Ship Repairers legal liability while in the shipyard (up to
$1,000,000), and the recovery and removal of the vessel in the event it sinks and blocks a
navigable waterway prior to reaching the artificial reef permit site (up to $1,000,000).
Additionally the coverage shall include general commercial liability coverage.
d) Provide a towing plan from the James River Reserve Fleet, Fort Eustis, Virginia to
Portsmouth, Virginia which has been approved by the U.S. Coast Guard (hereinafter referred
to as the "USCG") 5th District Marine Safety Office (MSO) which is acceptable to MARAD and
the COMMISSION; notify the USCG MSO and the Commission prior to initiation of the tow
including estimated departure time from the James River Fleet and arrival at Portsmouth, and
e) Provide confirmation from a marine surveyor and/or a MARAD representative that a pre-tow
inspection of the Vessel has been made including confirmation that rudder and shaft locks are
in place, deck crane hooks are secured, all lateral and transverse watertight doors are closed
and dogged, and
f) Submit a sampling plan and a work plan for removal of regulated PCB material from the
Vessel to EPA Region 4 for review. The work plan must identify the PCB removal contractor,
address, telephone number, and contact person and include a sampling and analysis protocol
as well as a projected schedule for start-up and completion of PCB sampling and removal
activities. The work plan must also include a contingency analysis which addresses the
possibility that regulated PCB containing materials cannot be removed from the Vessel, and
how these materials will be disposed of pursuant to the provisions outlined in 40 C.F.R. Part
761.62(c), and
g) Conduct an evaluation of the Vessel for the presence and location of plastics and provide a
plan that is acceptable to both MARAD and the COMMISSION and identifies how all plastics
will be removed from the Vessel, in accordance with the requirements of Annex III of the
International Convention for the Prevention of Pollution from Ships (MARPOL).
h) Arrange an EPA walk through of the Vessel prior to movement to assess the status of
asbestos on board and secure recommendations for the disposition of this material to
incorporate into a Vessel cleanup plan.
11. The COUNTY agrees to complete the following conditions established by MARAD, EPA, the
FKNMS and the COMMISSION immediatelv upon arrival of the Vessel in Portsmouth,
Virginia prior to any clean-up, materials salvage removal, or structural modifications taking place
on the Vessel:
a) To submit a copy of the EPA - approved work plan for the removal of regulated PCB material
to MARAD and the COMMISSION, and
b) To coordinate with EPA Region 3 for the removal of asbestos as regulated under the
Asbestos National Emissions Standards for Hazardous Air Pollutants, and
c) To provide documentation to EPA and the COMMISSION when the salvage company obtains
a commercial storage permit for PCB wastes at the dockside facility (if required), and
d) To provide advance notification (via telephone or in writing) to MARAD, EPA, and the
COMMISSION regarding the actual start-up date of salvage and clean-up work, and also of
major components of PCB removal, and
e) To provide to the FKNMS and the COMMISSION written status reports at thirty (30) day
intervals on clean-up progress beginning with the commencement of work, including notice
regarding amendments to projected schedules.
12. The COUNTY agrees to complete the following conditions established by MARAD, EPA, the
FKNMS and the COMMISSION prior to the departure of the Vessel from Portsmouth,
Virainia to Kev Larao. Florida:
a) Provide to the USCG, the FKNMS, and the COMMISSION the company name, address,
telephone number, and contact person of the selected towing company, and their towing plan,
and
b) Ensure that any permit issued by the U.S. Department of the Army, Corps of Engineers
(hereinafter referred to as the "CORPS") reflects a true and correct location of the proposed
deployment site, and
c) Secure and maintain any licenses or permits, and meet any requirements, whether or not
herein specified, by the EPA, the USCG and the FKNMS, and abide by any other applicable
Federal or State laws or regulations, and
d) Ensure that all anchors, chains, and machinery necessary to lower the anchors are operable
and remain onboard the Vessel, and
e) Shall inform MARAD, the FKNMS, the USCG, and the COMMISSION when the said Vessel is
ready to depart Portsmouth, Virginia, when the Vessel is on station at the permitted site, and
when it is ready to be sunk, and
f) Provide certification to EPA Region 4 that all PCB removal activities were completed
consistent with the approved work plan and allow EPA to verify via inspections that said work
was completed adequately, and
g) Provide to the EPA, the FKNMS and the COMMISSION a risk assessment for any hazardous
materials which were not removed from the Vessel, and
h) Provide to the FKNMS and the COMMISSION a certification from the EPA that the risk
assessment has been accepted, and
i) Ensure that MARAD, the FKNMS, EPA, the UCSG and the COMMISSION shall have the right
to inspect the Vessel to ensure compliance by the COUNTY with all terms and conditions
contained herein, and
j) Provide to MARAD and the COMMISSION a comprehensive list of all suspect PCB sources
that were tested or removed from the Vessel, and
k) Provide to MARAD and the COMMISSION a comprehensive inventory of all materials
removed from the Vessel which were sold or are intended to be sold, and
I) Comply with the following and any other requirements as may be specified by the USCG:
I. That all oil, petroleum products and hazardous materials are removed from tanks,
engines, pipes, bilges, etc. to ensure that no pollutants enter the water (steam
cleaning is preferred), and
II. That all watertight doors, hatches, bottom tank covers, etc. are removed or welded
open, and
III. That all items that may float free when the Vessel sinks are removed from the Vessel,
and
IV. That all deck area, bilge area, engine spaces, and cargo spaces are broom swept
and/or vacuumed, and
V. That all plastics are removed from the Vessel, and
VI. That all mercury containing switches are removed from the Vessel.
m) Provide to both MARAD and the COMMISSION a letter of certification from the EPA that all
hazardous waste removal has been completed, and any required risk assessment has been
approved, and written certification from the USCG that the Vessel is approved for sinking, and
n) Provide to the USCG, the FKNMS and the COMMISSION an anchoring plan which describes
how the Vessel will be anchored and oriented at the permitted site to prevent any movement
during a 100 year storm event, and
0) Submit a detailed demolition plan acceptable to the USCG, the EPA and the COMMISSION that
identifies the exact location(s) where any explosive charges will be placed. The demolition plan
should specify the entity responsible for the demolition, their address, telephone number, and
contact person. The explosive charges should be designed so as to minimize environmental
impacts and are limited to controlled 'burning' types. Use of explosives will be limited to interior
compartments sealed from diver access below the main deck and to the bottom hull of the ship
(Le. no pyrotechnic displays). If the locations of explosives are such that any fuel tanks that may
contain cosmoline or bulkheads that may contain asbestos may be ruptured during the demolition
process, the demolition plan must describe how the cosmoline will be removed from the fuel
tanks and the asbestos removed from the bulkheads, and
p) Obtain from the sinking site six (6) sediment samples and analyze the samples for the presence
and amount of PCBs and heavy metals. Results of the analyses will be sent to both the FKNMS
and the COMMISSION, and
q) Secure additional sediment samples from the sinking site at 2, 5 and 10 year intervals and
analyze the samples for the presence and amount of PCBs and heavy metals for comparison with
the pre-deployment samples. Results of the analyses will be sent to both the FKNMS and the
COMMISSION, and
r) Coordinate with the FKNMS and NOAA to obtain baseline usage levels for historic diving
activities on natural reefs located adjacent to the sinking site. Copies of the data collection efforts
must be provided to the COMMISSION, and
s) Develop and execute a cooperative monitoring agreement with either the FKNMS or the diving
community so that changes in user pressure on nearby natural reef formations following the
MAR-12-01 16,17 FROM,MONROE COUNTY ATTY OFFICE
10,3052923516
PAGE
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sInking can be determined. Copies of these dau. collection efforts and analyses must be provideQ
to the FKNMS and the COMMISSION wfthin three years of the cfeployment, and
IN WiTNESS WHEREOF, the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION and
the COUNTY OF MONROe have eaused implementation of this Agreement as the officers and agents
thereunto lawfully authorized.
FLORIDA FISH AND WlLOUFE
CONSERVATION COMMISSION
Approved as to form and legality
BY~
Executive Director
BY;
FWCC Attomey
DATE:
COUNTY OF MONROE
BOARD OF COUNTY COMMISSION~RS
BY:
Chairman
BY:
AP~
AND LE Fie CY.
~Co - - TV AIIO - ey SUZA"h~TTON
I'lh. TE 'J / "() /
DATE;
Attachment 1
\.
Contract No. MA-13520
CERTIFICATE OF TRANSFER
FROM
UNITED STATES OF AMERICA
TO
STATE OF FLORIDA
WIT N E SSE T H:
WHEREAS, Public Law 92-402 dated August 22, 1972, as amended by Public
Law 98-623 dated November 8, 1984, authorizes the Secretary of Transportation to
transfer to a State, without consideration, all right, title and interest of the UNITED
STATES OF AMERICA in and to any obsolete vessel which, but for operation of Public
Law 92-402, as amended, would be designated by the Secretary of Transportation for
scrapping, if the State intends to sink such vessel for use as an offshore artificial reef for
the conservation of marine life;
WHEREAS, the Secretary of Transportation has delegated this authority to the
Maritime Administrator;
WHEREAS,. the STATE OF FLORIDA filed application dated March 4, 1996
(Application), for the obsolete vessel SPIEGEL GROVE (LSD-32) (Vessel) to be sunk
off the coast of Florida as an artificial reef for the conservation of marine life;
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WHEREAS, the Maritime Administrator has found that the use of the Vessel, as
proposed by the STATE OF FLORIDA, will not violate any Federal law, contribute to
degradation of the marine environment, create undue interference with commercial
fishing or navigation, and is not frivolous; and
WHEREAS, the Maritime Administrator has authorized transfer of the Vesse!,
NOW, THEREFORE, in consideration of these premises:
I. THE UNITED STATES OF AMERICA represented by the Secretary of
Transportation, acting by and through the Maritime Administrator, as the sole owner of
the Vessel hereinabove identified, delivers the Vessel "as is" at the James River Reserve
Fleet, Fort Eustis, Virginia, and transfers all right, title and interest of the UNITED
STATES OF AMERICA in and to the Vessel upon tie-up at the designated remediation
site in Portsmouth, Virginia, to the STATE OF FLORIDA, at no cost to the Government,
and the STATE OF FLORIDA accepts the Vessel subject to the foregoing and the
following conditions:
1. The Vessel shall be utilized and maintained by the STATE OF FLORIDA
only for the purpose stated in the Application and, when sunk at the site
indicated in the Application, shall be charted and marked as a hazard to
navigation;
2. The STATE OF FLORIDA shall secure any licenses or permits and meet
any requirements, whether or not herein specified, by the Environmental
Protection Agency (EP A), United States Coast Guard, Department of
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Interior's Fish and Wildlife Service, National Oceanic and Atmospheric
Administration, U. S. Army Corps of Engineers, and any other applicable
Federal law;
3. The STATE OF FLORIDA shall assume all responsibility, and hereby
acknowledges its duty to comply with all enviromnentallaws and
regulations including, but not limited to, the Comprehensive
Enviromnental Response, Cleanup and Liability Act of 1980 (CERCLA),
Resource Conservation and Recovery Act (RCRA), Clean Air Act (CAA),
Federal Water Pollution Control Act - commonly referred to as the Clean
Water Act (CW A), Oil Pollution Act of 1990, Safe Drinking Water Act,
Toxic Substances Control Act (TSCA), all as amended, and similar State
and local laws and regulations. The STATE OF FLORIDA agrees that it
shall insure performance of all required duties, including those of
generator of hazardous toxic and regulated materials and wastes, including
but not limited to Polychlorinated Biphenyls (PCB) waste for any
regulated PCBs or PCB items removed from the Vesse!. With respect to
the identification, handling, removal, transportation, storage and disposal
of PCBs, the STATE OF FLORIDA shall comply with TSCA 15 D.S.C.
~2601 et seq.. the implementing regulations at 40 C.F.R. Part 761, and the
requirements listed below as specified by the EP A letter dated January 4,
1999.
(a) The waste removal contractor must satisfactorily remove regulated
PCB material from the Vessel consistent with a work plan, which must
be submitted to and approved by Region 3. The work plan (which
identifies the PCB removal contractor) shall be submitted immediately
to EP A Region 3 for review. The work plan must include a sampling
and analysis protocol as well as a projected schedule for start-up and
completion of PCB removal and sampling activities. EP A also
requires that they receive advance notification (via telephone or in
writing) regarding the actual start-up date of major components of
PCB removal, notice regarding amendments to projected schedules,
and notification when the transfer of ownership occurs.
(b) After the PCB removal action has been completed, the waste removal
contractor and shipowner must certify to EP A Region 3 that these
activities were completed consistent with the approved work plan.
EP A will verify via inspections that said work was completed
adequately.
(c) The waste removal contractor must satisfactorily remove regulated
asbestos-containing material from the Vesse!. The asbestos removal
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activities are regulated under the Asbestos National Emission
Standards for Hazardous Air Pollutant. The oversight of this program
has been delegated to EP A Region 3;
4. The STATE OF FLORIDA shall comply with the following U.S. Coast
Guard requirements:
(a) All oil, petroleum products and hazardous materials must be
removed from the Vessel's tanks, engines, pipes, bilges, etc., to
ensure that no pollutants enter the water (steam cleaning is
preferred).
(b) All watertight doors, hatches, bottom tanks covers, etc., in the
Vessel must be removed or welded open.
(c) Any items that may float free when the Vessel sinks must be
removed.
(d) All deck area, bilge area, engine spaces and cargo spaces in the
Vessel must be broom swept. .
( e) In accordance with MARPOL regulations, all plastic must be
removed from the VesseL
(f) U. S. Coast Guard inspections shall be arranged with District 5
and District 7, as well as with the Commanding Officer,
Portsmouth and the Commanding officer, Miami;
5. The STATE OF FLORIDA shall utilize an appropriate anchoring
configuration to insure that the Vessel remains in place during major
storms;
6. The STATE OF FLORIDA shall name the Maritime Administration an
assured under the marine insurance policy during the tow from James
River Reserve Fleet to the remidiation site at Accurate Marine,
Portsmouth, Virginia, and said policy shall be at no cost to the
Government and in form and substance satisfactory to the Martime
Administration;
7. The STATE OF FLORIDA, in the interest of furthering conservation
goals, shall regulate and impose appropriate fish catch controls as
necessary; and
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8. The STATE OF FLORIDA, prior to sinking ofthe Vessel, shall provide
the Maritime Administration with a copy of the certificate from the EP A
Administrator that the proposed use of the Vessel will be compatible with
water quality standards or other appropriate environmental protection
requirements.
n. In the event that one or more of the terms and conditions contained in
Paragraph I herein are not satisfied, the UNITED STATES OF AMERICA may, at its
option, (i) revoke the title granted pursuant to this Contract, or (ii) continue it under such
terms and conditions as the UNITED STATES OF AMERICA may prescribe.
m. If this Contract is revoked for any reason, the STATE OF FLORIDA shall
be liable to the UNITED STATES OF AMERICA for any and all monies received on
materials removed from the Vessel, the cost to return the Vessel to appropriate condition
for long-term storage, and the cost to transport the Vessel to a storage site approved by
the Maritime Administration.
IV. The UNITED STATES OF AMERICA shall have the right to inspect the
Vessel transferred pursuant hereto, prior to its sinking, to ensure compliance by the
STATE OF FLORIDA with all terms and conditions contained herein. The STATE OF
FLORIDA shall inform the UNITED STATES OF AMERICA when the Vessel is ready
to be sunk and the amount of ferrous and non-ferrous metal removed from the Vessel at
that juncture.
V. The STATE OF FLORIDA shall, to the extent it may legally do so,
indemnify and hold harmless and defend the UNITED STATES OF AMERICA and its
agents and employees against any and all claims and demands (including costs and
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reasonable attorneys' fees in defending such claims or demands, whether or not the claim
or demand be found valid) of whatsoever kind or nature by whomsoever asserted
including, but not limited to, fines and penalties for alleged violations of environmental
laws and regulations, claims for injury to persons, property,. or the environment, arising
from or in any way connected with the Vessel including handling or disposal of
hazardous, toxic or regulated materials or wastes on or removed from the Vesse!.
IN WITNESS WHEREOF, the parties hereto have executed this Contract, in
quadruplicate, on the dated indicated herein and effective as of this
day of
2001.
(Acknowledgement
Appended)
UNITED STATES OF AMERICA
SECRETARY OF TRANSPORTATION
MARITIME ADMINISTRATION
Date:
By:
JOEL C. RICHARD
Secretary
Maritime Administration
(Acknowledgement
Appended)
STATE OF FLORIDA
Date:
By:
APPROVED AS TO FORM)
Assistant Chief Counsel )
Maritime Administration )
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7
ACKNOWLEDGEMENT
CITY OF WASHINGTON )
) ss:
DISTRICT COLUMBIA )
I, the undersigned, a Notary Public in and for the District of Columbia, do hereby
certify that Joel C. Richard, who executed the foregoing Contract No. MA-13520, is
personally known to me to be the Secretary of the Maritime Administration, Department
of Transportation; that he personally appeared before me in the said District of Columbia;
that he is the person who executed the aforesaid Contract No, MA-13520 and
acknowledged to me that he executed the same in his aforesaid official capacity; and that
the same is the free and voluntary act and deed of the UNITED STATES OF AMERICA,
represented by the SECRETARY OF TRANSPORTATION, acting by and through the
ACTING DEPUTY MARITIME ADMINISTRATOR, and of himself as said official of
the MARITIME ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION,
for the uses and purposes expressed therein.
Given under my hand and seal this
day of
2001.
(SEAL)
Notary Public
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8
~
ACKNOWLEDGEMENT
CITY/COUNTY OF
)
) ss:
)
STATE OF FLORIDA
I, the undersigned, a Notary Public in and for the State of Florida, do
hereby certify that , who executed the foregoing
Contract No. MA-13520, is personally known to me to be the
; that he personally appeared before me in the said
State of Florida; that he is the person who executed the aforesaid Contract No. MA-13520
and acknowledged to me that he executed the same in his aforesaid official capacity; and
that the same is the free and voluntary act and deed of the STATE OF FLORIDA and of
himself as said official of the , for the uses
and purposes expressed therein.
Given under my hand and seal this
day of
2001.
(SEAL)
Notary Public
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CERTIFICA TE OF TITLE TRANSFER
FROM
THE STATE OF FLORIDA
TO
THE COUNTY OF MONROE
WITNESSETH:
WHEREAS, Public Law 92-402, dated August 22, 1972. as amended by Public Law 98-623. authorizes the Secretary
of Transportation to transfer to States, without consideration, all right, title and interest of the UNITED STATES OF
AMERICA in and to any obsolete vessel which, but for operation of Public Law 92-402. as amended. would be designated by
the Secretary of Transportation for scrapping. if the State intends to sink such vessel for use as an offshore artificial reef for the
consen'ation of marine life: and
WHEREAS. the Secretary of Transportation has delegated this authority to the Maritime Administrator; and
WHEREAS. the ST ATE OF FLORIDA filed application dated March 4. 1996. for the obsolete vessel SPIEGEL
GROVE (LSD-32) (hereinafter referred to as "Vessel") to be sunk off the coast of Florida as an artificial reeffor tlle
consen'ation of marine life: and
WHEREAS. the Maritime Administrator has found that the use of the Vessel. as proposed by the STATE OF
FLORIDA, will not violate any Federal law. contribute to degradation of the marine environment. create undue interference
with commercial fishing or navigation, and is not frivolous; and
WHEREAS. the Maritime Administrator has authorized transfer of the Vessel to the STATE OF FLORIDA. and the
STATE OF FLORIDA has authorized transfer of the Vessel to the COUNTY OF MONROE: and
NOW. THEREFORE, in consideration of these premises:
1) The STATE OF FLORIDA, as tlle sole owner of the Vessel hereinabove identified, delivers the Vessel "as is" at
the James River Resen'e Fleet. Fort Eustis. Virginia to the COUNTY OF MONROE. and transfers all right. title.
and interest of the STATE OF FLORIDA in and to the Vessel "where is" in Portsmouth, Virginia to the
COUNTY OF MONROE. without exchange of funds, and the COUNTY OF MONROE accepts same subject to
the following conditions:
a) Title to the Vessel is transferred to the COUNTY OF MONROE pursuant to and subject to all tenns and
conditions described in the Memorandum of Agreement Between the ST ATE OF FLORIDA. FISH AND
WILDLIFE CONSERV A nON COtv1l\1ISSION and COUNTY OF MONROE following execution of this
MAR-12-01 18,17 FROM,MONROE COUNTY ATTY OFFICE
ID,3052923518
PAGE
2/3
c:locumeat and th~ MemoraDdum of Agreement by both parties, and upon arrival oftbe VessEl in Pottmlouth,
Vtrginia.
b) The Vessel shall be uli1ized aDd ~ only for tho pu.rpose stated in ~ application. and suuk at the site
iJldicated in the applicatioa. aD4 shall be chatted azjd awbd as a hazard to navigation. and
c) lD tl\& event tl1at one or Il1Ot't of the lmn5 aM ~ti.OD5 contained heJein ate Dot sati~ the STATE OF
FLOIUDA may. at its option. (i) I'EVOke this CERTIFICATE Of TITLB TRANSFER, or (ii) Q)~ it
Wlder SUch terms and conditiol1l as may be prescribed, and
d) If this CERTIFICATE OF 'I'm.E TRANSFER is rC\'Okc:d for any reason, the COUNTY OF MONROB sh.a1J
be liable to me UNI'I"ED ST A1'I!S OF AMERICA aa4 tbe STATE OF FLORlPA for any and an monieli
received OD materiab CQ:lOved fur saap over and above tho expense nect.S5aJy to n:move iUdI ~ria1$
from the Vessel transferred under this CE!:RTIFICATE OF TIn.2 TRANSFBk, the cost to rctum the Vcascl
to appropriaEc oondition for lmlg-tenD storage~ and the cost to ~ * VCSS8lta a. storage site approved
by the Maritime Administration. and .
e) The COUNTY OF MONROE 5haJJ DO( Ira!ls:kr Title or sell the Vcsaet and sbaU coDWsue to reIDaiD
responsible for the vessel O~ SWIk on tbI= C~ pemlitted anUiciaJ n:ef $itc in ~ with that
permit's tet'Iu and eondi1ioJlS, and '
f) The COUNTY OF A40NROE shall not JQ()'Ve the Vcsael from Ponsmouth, Vlrginia without the prior
approval oftbe U.S. Cout Guard, U.S. ~ ProtectiQn Agency, MARAD, and the STATE OP
fLOlUPA, and
g) The STATE OF FLORIDA, in the interest of ftuthcrina COnsen'aDoft goals, shall, in ~OII. ~ the
COUNrY OF MONROE, work with the Saudi Atlantic Fisber)' M.lt.U1VUIcm COU11d1 for designation as a
SpeeiaJ Maoagemem: ZOne, .
IN WlTNESS WlmREQy, the STATE OF FLORIPA. ~ ~ted afonlsaid, has ~used this CHRTJ.FICA'IE OF
TITLE TRANSFER to be signed, sealed and delivered r:bis __ day of
.2001.
FLORIDA FISH AND WILDLIFE
CONseRVATION COMMISSION
ApproV8Q as to form and legality
BY:
Executive Dil'8Ctor
BY:
FWCC Attomey
DATE:
COUNTY OF MONROE
BOARD OF COUNTY COMMISSIONER.5
BY:
Chairman
BY:
BY
suz~~. HUTTON
l")II.TE $. D/
I
DATE;