Item J2 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 21,2013 Division: Growth Management
Bulk Item: Yes_ No X Department: Planning&Environmental Resource
Staff Contact Person: Christine Hurley Michael Roberts
(305)289-2500 (305) 289-2502
AGENDA ITEM WORDING: Discussion regarding coordination with Coastal Resources Group (CRG) to
assist in the development of a Memorandum of Agreement (MOA) for the Keys Restoration Fund In-Lieu Fee
Program to meet State mitigation requirements for the operation of a Regional Offsite Mitigation Area.
ITEM BACKGROUND: In January, 2012 the BOCC directed staff to prepare a Request for Proposals (RFP)
seeking professional services to prepare the necessary documentation and provide the required services to permit
and operate an In-Lieu Fee (ILF) mitigation program to provide compensatory mitigation for wetland impacts in
the Florida Keys. This request was initiated as a result of requests from the U.S. Army Corps of Engineers
(Corps) and the South Florida Water Management District (SFWMD) for the County to evaluate mitigation
options to potentially replace, or sponsor, the Keys Environmental Restoration Fund (KERF). Staff prepared the
RFP, however shortly after the RFP was prepared (but not released), CRG approached the Corps to discuss
assuming the management and operation of the Fund. The Corps issued the final approval for the Keys
Restoration Fund In-Lieu Fee Program (KRF-ILF) on July 1, 2013. While this addresses the availability of
federally required mitigation, it does not address mitigation needs for impacts requiring mitigation by the Florida
Department of Environmental Protection (FDEP) or SFWMD. In short—this meets the mitigation requirements
for boat docks on canals (which do not require FDEP permits), but not for docks or homes that require an FDEP
or SFWMD permit. In order to provide for State required mitigation, it will still be necessary to prepare a MOA
with the SFWMD to establish a Regional Off-site Mitigation Area (ROMA). CRG provided a draft proposal for
the County to sponsor the development of the ROMA MOA with CRG as the mitigation provider. This would
necessitate some funding by the County, but being a significant portion of the required information for the MOA
is included in the completed Prospectus and Instrument for the ILF, it is likely that this approach would provide
considerable savings over the originally approved budget of$150,000.
PREVIOUS RELEVANT COMMISSION ACTION: Direction to prepare RFP—January 21, 2012
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Staff recommends that the BOCC direct staff to coordinate with CRG
regarding the potential sponsorship by Monroe County of a Regional Off-site Mitigation Area(ROMA).
TOTAL COST: INDIRECT COST: BUDGETED: Yes No N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH: N/A Year
APPROVED BY: County Attorney OMB /Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
County of Monroe
Growth Management Division
Department of Environmental Resources _ Board of County Commissioners
Suite#420 p Mayor George Neugent,Dist.2
2798 Overseas Highway Mayor Pro Tern Heather Carruthers,Dist.3
Marathon FL 33050 - Danny Kolhage,Dist. 1
Voice: (305)289-2500 David Rice,Dist.4
FAX: (305)289-2536 �.•' Sylvia J.Murphy,Dist.5
We strive to be caring,professional and fair
MEMORANDUM
DATE: JULY 29,2013
TO: CHRISTINE HURLEY
FROM: MIKE ROBERTS
SUBJECT: KEYS ENVIRONMENTAL RESTORATION FUND (KERF)AND WETLAND
MITIGATION OPTIONS FOR MONROE COUNTY
At the January 20, 2012 meeting,the BOCC directed staff to proceed with the preparation of an RFP/SOQ for a
Consultant to prepare permit documents and provide mitigation services for wetland restoration and/or
enhancement in Monroe County. Staff prepared the draft RFP,however since the meeting date the U.S.Army
Corps of Engineers notified the County that Coastal Resources Group, Inc. (CRG)had entered into discussions
with Audubon to develop a plan whereby CRG would assume the management of the Fund,bring the Fund into
compliance with the Federal In-Lieu Fee(ILF)requirements and continue to provide mitigation for Federally
regulated wetland impacts in the Keys. On July 1, 2013, the U.S.Army Corps of Engineers approved the ILF
Mitigation Program proposed by CRG. The new program is known as the Keys Restoration Fund In-Lieu Fee
Mitigation Program(KRF-ILF).
This approval addresses the Federal mitigation issue,but does not address mitigation needs for impacts requiring
mitigation by the Florida Department of Environmental Protection or the South Florida Water Management
District. In short—the KRF-ILF will meet the mitigation requirements for boat docks on canals (which do not
require FDEP permits),but not for docks, seawalls or homes that did require an FDEP or SFWMD permit.
In order to provide for State required mitigation, it would still be necessary to prepare a Memorandum of
Agreement with the SFWMD to establish a Regional Off-site Mitigation Area(ROMA). CRG has submitted a
proposal for Monroe County to assist in their pursuit of a ROMA. This would necessitate some funding by the
County,but being that a significant portion of the required information for the MOU is included in the completed
Prospectus and Instrument for the ILF, it is likely that this approach would provide considerable savings over the
originally approved budget of$150,000.
Attachments:
KRF-ILF Approval Letter
CRG ROMA proposal
C:\Users\scanlon-cassi\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\14QUZLIE\KERF-C`RG status
memo 8-2013 docx
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
P.O.sox 4970
• `r '' % JACKSONVILLE,FLORIDA 32232-0019
REPLY TO July 1, 2013
ATTENTION OF
Regulatory Division
Special Projects &Enforcement Branch
SAJ-2012-02902-TMF
Mr. Robin Lewis
Coastal Resources Group, Inc.
PO Box 5430
Salt Springs, FL 32134-5430
Dear Mr. Lewis:
Reference is made to your proposal submitted to the U.S. Army Corps of Engineers (Corps),
for the establishment of the Keys Restoration Fund In-Lieu Fee Mitigation Program(KRF ILF
Program). The KRF ILF Program is located in the Florida Keys in Monroe County. The KRF
ILF Program has been assigned file number SAJ-2012-02902-TMF,please refer to this file
number in any future correspondence regarding this Program.
The Corps, in consultation with the Interagency Review Team(IRT), has completed the
evaluation of KRF ILF Program Instrument. KRF ILF Program will provide Advance Credits
for Department of the Army authorized impacts to tidal wetlands, non-tidal wetlands and
seagrasses. These credits will be determined through the application of the Uniform Mitigation
Assessment Method (UMAM). The Corps hereby approves the final KRF ILF Program
Instrument submitted to this office on June 28, 2013. We have determined that the KRF ILF
Program will serve to provide appropriate compensatory mitigation for future impacts to waters
of the United States (U.S.)within the approved mitigation service area(MSA).
We are pleased to enclose a copy of the page bearing the Corps signature, which needs to be
attached to your copy of the approved KRF ILF Program Instrument. We will provide you a
copy of each of the pages bearing the signatures of the IRT representatives once they become
available. A copy of the approved KRF ILF Program Instrument will also be available for
review at the Regulatory In-Lieu Fee and Bank Information Tracking System(RIBTTS)web
address: http:':geo.usace.army.miI ribits'index.html. To access the bank information in RIBITS,
select "Jacksonville" from the "ALL DISTRICTS" dropdown menu, click on"ILF Programs",
select Keys Restoration Fund from the populated list, and click on "Cyber Repository" (located
on upper far right section of webpage)then select Keys Restoration Fund ILF Instrument to view
the Instrument.
-z-
Thank you for your cooperation with the Jacksonville District Mitigation Review Team.
Should you have any questions concerning this matter, you may contact Ms. Teresa M. Frame by
electronic mail at Teresa.M.FrameC&usace.army.mil at the letterhead address, or by telephone at
904-232-1677.
Sincerely,
?�a l" -/
for
Donald W. Kinard
Chief, Regulatory Division
Enclosure
Copy Furnished: (w/o encl.)
Mr. Ron Miedema, U.S. Environmental Protection Agency, 400 North Congress Avenue, Suite
120,West Palm Beach, Florida 33401
Dr. Constance L. Cassler, U.S. Fish&Wildlife Service, 1339 20th Street, Vero Beach, Florida
32960-3909
Ms. Jocelyn Karazsia,NOAA,400 North Congress Avenue, Suite 120, West Palm Beach,
Florida 33401
Mr. Stephen Werndli,NOAA/Florida Keys National Marine Sanctuary, P.O. Box 1083, Key
Largo, FL 33037
Ms. Joanne Delaney,NOAA/Florida Keys National Marine Sanctuary, 33 East Quay Road, Key
West, Florida 33040
Mr. Michael Roberts, Sr. Administrator, Environmental Resources, Monroe County Growth
Management, 2798 Overseas Highway, Suite 400, Marathon, Florida 33050
Mr. Gus Rios,Environmental Administrator, Florida Department of Environmental Protection,
South District Marathon Office, 2796 Overseas Highway, Suite 221, Marathon, Florida
33050
Connie Bersok, PWS, Division of Water Resource Management, Florida Department of
Environmental Protection, 2600 Blair Stone Road, MS #2500, Tallahassee, Florida 32399-
2400
Coastal Resources Group, Inc.
A Fb7da 501 (c)(3)Not k riPro tCp ra&n
November 1, 2012
via e-mail and US Mail
Mr. Michael Roberts
Sr.Administrator, Environmental Resources
Monroe County Growth Management
2798 Overseas Highway,Suite 400
Marathon, Florida 33050
Re: CRG proposal for development of a Regional Offsite Mitigation Area (ROMA)in Monroe
County and the Keys
Dear Michael:
Thanks for taking the time recently to discuss various issues related to mitigation and
mitigation opportunities in the Keys. CRG is pleased to submit the attached proposal to Monroe
County as a means of furthering the discussion of Robin Lewis and myself assisting Monroe
County with the development and implementation of a ROMA for the Keys. This effort would
track our current plan to assume and adopt the current federal ILF Mitigation program for the
Keys that is working its way through the Army Corps of Engineers Jacksonville District Office.
We look forward to your thoughts on this proposal and in working with Monroe County to
provide mitigation opportunities for landowners and others,and to designing and implementing
quality habitat restoration projects in the Keys.
Thank you. Please let me know if you have any questions about the attached.
Sincerely,
Lti-•_L
Curtis Kruer
Vice-president
kruer@3rivers.net
cc R. Lewis, L. Flynn
Proposal and Statement of Qualifications
for the Development and Implementation of a Regional Offsite Mitigation Area
Memorandum of Agreement in Monroe County and the Florida Keys
Submitted by:
Coastal Resources Group, Inc. (a 501c3 not-for-profit corporation)
Through its Florida Keys Program-The Keys Restoration Fund
c/o Robin Lewis, President
PO Box 5430
Salt Springs, FL 32134-5430
#352-546-4842
Submitted to:
Monroe County Department of Growth Management
2798 Overseas Hwy.
Marathon, FL 33050
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Table of Contents
Background...............................................................................................................................3
Coastal Resources Group Statement of Qualifications...............................................................4
ProposedScope of Work...........................................................................................................5
DraftContract...........................................................................................................................6
ProposedTimeline....................................................................................................................7
2
Background
In about 1996 the Florida Keys Environmental Restoration Trust Fund (in existence since 1981,
managed by Audubon of Florida) entered into agreements with the Army Corps of Engineers ("Corps") and the
Florida Department of Environmental Protection ("DEP")to begin accepting mitigation fees for state and
federal permitted activities as a formal In-Lieu Fee Mitigation Program ("ILF Program"). In addition,the
Restoration Trust Fund was often the recipient of enforcement penalties and fines levied by the agencies. In
about 2003 the Fund was renamed the Keys Environmental Restoration Fund ("KERF") and continued to
function as an ILF Program managed by Audubon.
In 2008, a new Final Rule for Compensatory Mitigation for Aquatic Resources was implemented by the
Corps and the USEPA and existing ILF Programs were allowed up to 5 years to come into compliance with the
new rule. Also, the DEP and South Florida Water Management District ("SFWMD") continued to allow fees and
fines and penalties to be paid to KERF until such time as a Regional Offsite Mitigation Area ("ROMA") could be
developed and receive approval by the State of Florida. DEP and the SFWMD advised Audubon that KERF must
come into compliance with State requirements regulating a ROMA in order to continue to provide mitigation for
impacts regulated under Chapter 373 Florida Statutes.
In June, 2012 Audubon announced to the Corps and DEP that they were terminating the ILF Program of
KERF and would no longer be providing mitigation services in the Florida Keys. In September 2012, Based on
its history and prior experience with wetland and shallow water habitat restoration in the Keys and around
Florida, Coastal Resources Group ("CRG") submitted a Final ILF Program Prospectus as required by the 2008
Final Rule to assume and adopt the current ILF Program in the Keys, accept its mitigation responsibilities and
obligations, and funding. CRG is currently working on the ILF Instrument in conjunction with the Corps with a
plan to assume the federal ILF Program in early 2013.
The Corps has assured Monroe County that it is their intention to work with CRG in hopes that the Fund
can be assumed and can continue to provide mitigation opportunities to the residents of Monroe County.They
have further assured the County that it is their intent to facilitate the review of CRGs prospectus to ensure that
there will not be a gap where mitigation is not available.While this addresses the availability of federally required
mitigation, it would not address mitigation needs for impacts requiring mitigation by the DEP or the SFWMD.
This would meet the mitigation requirements for boat docks on canals (which do not require FDEP permits), but
not for single family docks or homes or dredging that require FDEP or SFWMD permits. In order to provide for
State required mitigation, it would still be necessary for Monroe County as sponsor to enter into a Memorandum
of Agreement with the DEP and SFWMD to establish a Regional Off-site Mitigation Area (ROMA). Monroe County
has expressed interest in retaining a qualified contractor to provide consulting and ecosystem restoration
services for the preparation of a M OA between Monroe County and the DEP and the SFWMD in accordance
with State statutes(373.4135, F.S.)for the design, permitting, and operation of a ROMA and this submittal is
provided in response to that interest.
Through this submittal to Monroe County CRG proposes to assist the County in the development and
implementation of a ROMA Memorandum of Agreement for habitat restoration work in Monroe County and the
Florida Keys asa means of providing mitigation forstate-regulated wetland impacts associated with
land development activities including single family residential development, docks,seawalls,and residential
maintenance dredging.
3
Coastal Resources Group Statement of Qualifications
As a local program of Coastal Resources Group,a Florida-based 501(c)(3) not-for-profit established in
2003, a ROMA will benefit from the nearly 90 person-years of experience in hands-on habitat restoration of the
principles of CRG- Robin Lewis, Curtis Kruer,and Laura Flynn. In addition to the involvement of the principles,
CRG will maintain a day to day presence in the Keys through the use of qualified resource consultants.
Mr. Roy R."Robin" Lewis III is President of CRG and a certified Professional Wetland Scientist with the
Society of Wetland Scientists where he also serves on the board of directors of the Society. Mr. Lewis'expertise
includes the ecology, restoration and creation of fresh and saltwater marshes, mangrove forests, and seagrass
meadows. He has studied the effects of oil spills on coastal ecosystems, plant and animal colonization of dredged
material islands, and experimental re-vegetation of wetlands using both marine and freshwater species. He has
designed more than 200 completed wetland restoration or creation projects in Florida,South Carolina,the U.S.
Virgin Islands, Mexico, Puerto Rico, Nigeria and Thailand, and is currently working on mangrove projects in the
Bahamas,Jamaica, El Salvador and Indonesia. He has published more than 100 papers on these subjects (most
available at www.mangroverestoration.com and www.seagrassrestorationnow.com)and is the editor of Creation
and Restoration of Coastal Plant Communities, published by CRC Press in 1982. Mr. Lewis is a Florida native,and
regularly teaches the Mangrove Ecology, Restoration and Management Training Course and wetland restoration
courses for the U.S.Army Corps of Engineers, Ohio State University, University of Wisconsin and Louisiana State
University.
Mr. Curtis Kruer is Vice-President of CRG. Mr. Kruer is a marine biologist with 37 years experience
specializing in coastal ecology with a focus on coastal habitat restoration,coral reef ecosystem habitat mapping,
and natural resource management and conservation. He has consulted for numerous agencies and conservation
groups including the National Oceanographic and Atmospheric Administration, U.S. Department of Justice, U.S.
Fish and Wildlife Service, Florida Marine Research Institute, Florida Department of Community Affairs, Florida
Natural Areas Inventory, National Wildlife Federation,Trust for Public Lands, and others. A Florida native, he
lived and worked for 22 years in the Florida Keys where, among other efforts, he was the field biologist
responsible for insuring compliance with U.S.Army Corps of Engineers dredge and fill permits during the Keys
Bridge Replacement Project in the 1980s, he mapped all Keys wetlands for a formal USEPA advanced
identification program, under contract to Audubon managed the Keys Environmental Restoration Trust Fund
from 1990-1999, and organized the Florida Keys Invasive Exotics Task Force. He was a member of the Technical
Advisory Committee of the Florida Keys National Marine Sanctuary Water Quality Protection Program and for the
USFWS South Florida Multi-Species Recovery Plan. He remains active in the Keys working with issues related to
protection and management of native habitats and threatened and endangered species there.
Ms. Laura L. Flynn is Treasurer of CRG. Ms. Flynn provides multi-disciplinary natural resource assessment
support and project design, negotiation and implementation of permit conditions and mitigation plans.
Additionally,she provides expertise in GIS mapping and data analysis.
Recent clients of CRG for work related to its mission of habitat restoration science and education include
the U.S. Fish and Wildlife Service,the St.Johns River Water Management District, Everglades National Park, and
the Gulf of Mexico Program. Collectively,our staff has designed, implemented and monitored more than 200
wetland mitigation/creation projects during their careers, ranging in size from less than a half acre to more than
1,250 acres. We have successfully relocated submerged seagrasses at over 20 sites, created/restored mangrove
forests at individual sites as large as 1,250 acres, and restored estuarine tidal marshes, and freshwater marshes as
large as 500 acres. Given CRG's knowledge of habitat ecology and plant biology,we are often able to offer
substantially less expensive alternatives that are accepted by the agencies and which result in successful projects.
Most recently,CRG has worked to restore a 225 acre mangrove restoration project(64 acres currently dead, 161
4
acres currently stressed and likely to die) located at the Fruit Farm Creek,Collier County, Florida, USA, near the
town of Goodland and the City of Marco Island. CRG has secured initial funding of$85,000 towards a total
restoration cost estimated to be$1,950,000 for design, permitting and implementation of construction.
CRG is also committed to the providing educational opportunities to resource managers, regulatory staff,
and private individuals. Our experience,commitment to the environment, and ability to be flexible and work as a
team will give Monroe County the support needed to design, implement and complete successful mitigation
projects for a Monroe County sponsored ROMA. Resumes of the Principles of CRG are available upon request.
Proposed Scope of Work
As contractor CRG shall:
1) Identify suitable mitigation areas for the initial inclusion into the ROMA program area.
2) File application with the State to create and operate a Regional Off-site Mitigation Area (ROMA) and
prepare a Memorandum of Agreement (MOA) in accordance with State statutes (373.4135, F.S.) with Monroe
County as the Sponsor. At a minimum, the MOA must address the following for each project authorized:
a) A description of the work that will be conducted on the site and a timeline for completion
of such work.
b) A timeline for obtaining any required environmental resource permit.
c) The environmental success criteria that the project must achieve.
d) The monitoring and long-term management requirements that must be undertaken for the
project.
e) An assessment of the project in accordance with s. 373.4136 j4)(a)-(i), until the adoption of the
uniform wetland mitigation assessment method pursuant to s. 373.414(18).
f) A designation of the entity responsible for the successful completion of the mitigation work.
g) A definition of the geographic area where the project may be used as mitigation established using
the criteria of s. 373.4136(6).
h) Full cost accounting of the project, including annual review and adjustment.
i) Provision and a timetable for the acquisition of any lands necessary for the project.
j) Provision for preservation of the site.
k) Provision for application of all moneys received solely to the project for which they were
collected.
1) Provision for termination of the agreement and cessation of use of the project as
mitigation if any material contingency of the agreement has failed to occur.
5
m) Provision in the agreement for additional projects to be added and evaluated as they are
identified.
DRAFT CONTRACT
REGIONAL OFFSITE MITIGATION AREA(ROMA)MEMORANDUM OF AGREEMENT (MOA)
THIS AGREEMENT (Agreement) is entered into this day of 2012, by and between the Board of County
Commissioners of Monroe County, Florida (hereafter"County" or"Board")whose address is 1100
Simonton Street, Key West, Florida 33040, and "Contractor"whose address is Coastal Resources Group, Inc.
P.O. Box 5430 Salt Springs, FL 32134-5430
WHEREAS, the County has certain objectives as directed and established by the Board of County
Commissioners, and which are consistent with, and supportive of, Federal and State regulations regarding
wetlands and other surface waters;and
WHEREAS, it has been determined that it is in the best interest of the property owners of the County that a
reasonable alternative to on-site mitigation for wetland impacts remains available;and
WHEREAS,Contractor desires to perform such services;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:
I. TERM OF AGREEMENT:
This agreement shall be effective on the date above,for a period of years. The term of this
agreement shall be renewable in accordance with Section V.
II. AMOUNT OF COMPENSATION AND AVAILABILITY OF FUNDS.
The County, in consideration of the Contractor substantially and satisfactorily performing and carrying out the
objectives of the County as to providing the services described in attached Scope of Work, shall pay to the
Contractor the sum of DOLLARS($ )for the development and approval of the
ROMA MOA.
Payment will be made according to the Local Government Prompt Payment Act. Any request for payment
must be in a form satisfactory to the County Clerk (Clerk). The request must describe in detail the services
performed,the payment amount requested,and supporting documentation.
Monroe County's performance and obligation to pay under this contract, is contingent upon an annual
appropriation by the Board of County Commissioners.
The Contractor must furnish to the County the following (prior to the payment of any invoices, items
(a) through(h) must be provided):
(a) IRS Letter of Determination indicating501(c)(3)status;
6
(b) List of the Organization's Board of Directors. For each board member please indicate when
elected to serve and the length of term of service;
(c) Evidence of annual election of Officers and Directors;
(d) IRS Form 990 from most recent fiscal year(if applicable)for all organizations;
(e) Organization's Corporate Bylaws, which must include the organization's mission, board and
membership composition,and process for election of officers;
(f) Organization's Policies and Procedures Manual which must include hiring policies for all staff,
drug and alcohol free workplace provisions,and equal employment opportunity provisions;
(g) Cooperation with County monitoring visits that the County may request during the contract year;
and
(h) Other reasonable reports and information related to compliance with applicable laws, contract
provisions and the scope of services that the County may request during the contract year.
Proposed Timeline
Submit proposal to Monroe County-----------------------------------------------------------November 1,2012
Enter into Contract with Monroe County-----------------------------------------------------December 1, 2012
File application to create and operate a ROMA and prepare a MOA--------------February 1, 2013
Revise ROMA application and MOA as necessary------------------------------------------April 1, 2013
Finalize ROMA and MOA and implement program on behalf of Monroe County--June 1, 2013
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