Item K13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 16 May 200 1
Division: Mayor George Neugent
Bulk Item: Yes ...L
No_
Department: Mayor George Neugent
AGENDA ITEM WORDING:
Approval of further 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 2001. They have already
committed money and resources so approval of the attached documents at the request of FFWCC wilI speed the clean up
and sinking without loss of dolIars committed by Upper Keys Dive operators. Since the discussions of this item before the
BOCC in March, additional clean-up of language in the MOA and Transfer documents have been made. Again, no
substantial changes have been made to the overalI requirements of these documents.
PREVIOUS REVELANT BOCC ACTION:
June 1999 - Approval of Memorandum of Agreement and Certificate of Transfer for the Spiegel Grove
March 2001 - At a special meeting in March 2001, the Board approved preliminary revisions to the MOA and Transfer
agreements for the Spiegel Grove
CONTRACT/AGREEMENT CHANGES:
Revision to original Memorandum of Agreement to reflect changing conditions for clean-up of the Spiegel Grove, location
of clean-up, firm undertaking the clean-up, etc.
STAFF RECOMMENDATIONS:
Approval of Revisions - Emergency Add-on -Neugent
TOTAL COST: None
BUDGETED: Yes
No
COST TO COUNTY: None
REVENUE PRODUCING: Yes
No...L AMOUNT PER MONTH NA Year _
APPROVED BY:
County Atty NA
OMB/Purchasing NA
Risk Management _X_
COUNTY COMMISSIONER:
Mayor George Neugent, Commissioner District 2
DOCUMENTATION:
Included --X-
To Follow_ Not Required_
AGENDA ITEM # k. /.J
DISPOSITION:
:;
MEMORANDUM OF AGREEMENT
BETWEEN THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
AND THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
REGARDING THE ACQUISITION OF THE USS SPIEGEL GROVE
FROM THE UNITED STATES DEPARTMENT OF TRANSPORTATION
USE AS AN ARTIFICIAL REEF
WHEREAS, 16 United States Code (U.S.C.) s1220 allows any state to
apply to the United States Department of Transportation for title
to, and use of, obsolete ships for the creation of artificial
reefs; and
WHEREAS, 16 U.S.C. s1220a specifies the terms and conditions
under which such title may be transferred to a state; and
WHEREAS, the Florida Attorney General has issued an opinion that
the Florida Fish and Wildlife Conservation Commission (FWCC) has
legal authority under 16 U.S.C. s1220, et seq., and Section
370.25, Florida Statutes (2000), to accept title to a vessel from
the United States Government, pursuant to 16 U.S.C. s1220(a); and
WHEREAS, on March 4, 1996, on behalf of the Monroe County Board
of County Commissioners (County), the Florida Department of
Environmental Protection (DER) made an application to the United
States Department of Transportation for the acquisition of the
USS Spiegel Grove under 16 U.S.C. s1220; and
WHEREAS, on July 1, 1999, FWCC was established; and
WHEREAS, effective on July 1, 2000, the Florida Legislature
established an artificial reef program within the FWCC, by
enactment of Section 370.25(1), Florida Statutes (2000); and
WHEREAS, effective on July 1, 2000, the Florida Legislature
abolished DEP's artificial reef program, by enactment of Ch.
2000-364, Laws of Fla. (2000); and
WHEREAS, on May 13, 1995, the County applied to the United States
Army Corps of Engineers (Corps) for a permit under Section 10 of
the Rivers and Harbors Act, 33 U.S.C. s403; and
WHEREAS, on March 28, 1996, the Corps issued Permit No. 199502550
to the County for the placement of the USS Spiegel Grove in
federal waters off of Key Largo for the creation of an artificial
reef; and
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WHEREAS, on June 9, 1999, the Corps modified the site location
for placement of the vessel in Permit No. 199502550; and
WHEREAS, on July 10, 2000, the Corps extended the expiration date
of Permit No. 199502550 until July 10, 2001; and
WHEREAS, on March 8, 2001, the United States Department of
Transportation wrote to the FWCC and stated that all the
administrative steps necessary for transfer of the USS Spiegel
Grove to the state have been completed, and enclosed a copy of
the Certificate of Transfer agreement (MA-13520) for execution
and transmittal; and
WHEREAS, the FWCC desires to act solely as the agent for the
County with respect to the federal donation of the USS Spiegel
Grove for the purposes described in United States Army Corps of
Engineers (Corps) Permit No. 199502550 (IP-CS); and
WHEREAS, there are no other agreements, understandings, or terms
of this transaction other than expressly stated herein;
BE IT THEREFORE AGREED:
1. That FWCC acceptance of title to the USS Spiegel Grove from
MARAD is contingent upon execution of this Agreement.
2. FWCC agrees to execute the Certificate of Transfer agreement
(MA-13520) solely as an agent for the County, upon all of the
terms and conditions herein.
3. At the time that FWCC executes the Certificate of Transfer
agreement (MA-13520), the County's execution of the Notice of
Acceptance that is attached hereto as Exhibit A will be deemed to
be in effect.
4. That the County agrees to accept title, delivery of, and full
responsibility for, the USS Spiegel Grove "as is" at the James
River Reserve Fleet, Fort Eustis, Virginia.
5. That the COUNTY will coordinate with all federal and State
agencies involved with the USS Spiegel Grove, using the following
points of contact:
Mr. Steven Jackson,
Chief, Division of Vessel Transfer & Disposal
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U.S. Department of Transportation
Maritime Administration
MAR-631, Room 7307
400 Seventh Street S.W.
Washington, D.C. 20590
(202) 366-5821
FAX (202) 493-2180
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
FAX (404) 562-8972
Ms. Charlene C. Creamer
U.S. Environmental Protection Agency, Region 3
Waste and Chemical Management Division
1650 Arch Street, 11th Floor (WCMD)
Philadelphia, PA 19103
(215) 814-2145
FAX (215) 814-3114
Chief Petty Officer Roddy Corr
U.S. Coast Guard 5~ District
Port Safety and Security Department
Marine Safety Office
200 Gransby Street, Suite 700
Norfolk, VA 23510-1888
(757) 441-3294
FAX (757) 535-8704
Lt. Heath Hartley
U. S. Coast Guard 7th District
Marine Safety Office
100 MacArthur Causeway
Miami Beach, FL 33139
(305) 535-8762
FAX (305) 535-8704
Mr. Billy Causey, Sanctuary Superintendent
Florida Keys National Marine Sanctuary
U.S. Dept. of Commerce, NOAA
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P.O. Box 500368
Marathon, FL 33050
(305) 743-2437
FAX (305) 743-2357
Mr. Jon Dodrill, Environmental Administrator
Florida Fish and Wildlife Conservation Commission
Division of Marine Fisheries
620 South Meridian Street Box MF-MFM
Tallahassee, FL 32399-1600
(850) 922-4340
FAX (850) 922-0463
6. The County shall adhere to each and every term of the
Certificate of Transfer agreement (MA-13520) as if it were the
"STATE OF FLORIDA" as that phrase is referenced therein. A copy
of the Certificate of Transfer agreement is attached as Exhibit
B.
7. The County will complete the transportation, cleaning, and
sinking of the Vessel prior to the expiration date (July 10,
2001) of the artificial reef permit number 199502550 (IP-EJ), a
copy of which is attached as Exhibit C, or obtain a permit
extension; and the County agrees to comply with each and every
condition of the permit as previously modified and extended,
especially the following:
a. Notification to the Corps 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 Superintendent, 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 has the opportunity to 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. Notify and secure written permission from the FKNMS prior to
any modifications of the permitted activity; and
e. Ensure that the total height of the Vessel at the time of
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sinking does not exceed eighty (80) feet, so that a minimum
navigational clearance of forty (40) feet is maintained.
8. The County's responsibility for compliance with Certificate of
Transfer agreement (MA-13520) and with Corps Permit No. 199502550
cannot be delegated without a guarantee that the County will
fully indemnify FWCC for the negligent acts or omissions of the
County's agents with respect thereto.
9. 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.
10. 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. With respect to the
identification, handling, removal, transportation, storage and
disposal of PCBs, the County shall comply with TSCA 15 U.S.C. ~
2601 et seq., the implementing regulations of 40 C.F.R. Part 761.
11. That the County agrees to complete the following conditions
required by FWCC, MARAD, the U.S. Environmental Protection Agency
(EPA) , and FKNMS prior to the USS Spiegel Grove leaving the James
River Reserve Fleet:
a. Provide MARAD and FWCC with the company name, address,
telephone number, and contact person of the selected towing
company.
b. Provide FWCC a valid 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.
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c. Provide documentation to FWCC and MARAD that the contractor,
Ocean Reefs Inc., has marine insurance in effect commencing with
the tow from the James River Reserve Fleet to Portsmouth,
Virginia, and which remains valid through the tow from Portsmouth
Virginia to the completion of Vessel sinking operations at the
permitted deploYment site off Key Largo, Florida. The policy or
policies must name FWCC and MARAD as an additional Insured, be
acceptable to FWCC and MARAD and be at no cost to FWCC or MARAn.
Acceptable insurance coverage shall include the following:
I. Protection and Indemnity Insurance on the towed Vessel
including full collision liability; liability for the crew
and employees (including riding crew if applicable);
liability for wreck removal; and liability for third party
claims arising from death or personal injury or from loss of
or damage to property, with a minimum of $10 million per
accident, occurrence or event.
II. Pollution Insurance on the Vessel that provides coverage
for liabilities arising from the removal, release, or
substantial threat of release of oil or hazardous substances
identified under CERCLA, associated damages and cleanup,
third party liability risks, and liability under any State
or Federal statute. Pollution Insurance shall be in the
amount of $20 million per accident, occurrence or event for
oil pollution and $15 million per accident, occurrence or
event for hazardous substances.
III. Documentation that the contracted towing company or
companies have broad-form tower's liability with a limit of
$5 million. The tower shall also insure each tug performing
under this contract with Protection and Indemnity Insurance
with a minimum limit of $5 million as well as Hull and
Machinery Insurance covering the value of each tug.
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 FWCC.
e. Conduct an evaluation of the Vessel for the presence and
location of all plastics and provide a plan that is acceptable to
MARAD and FWCC that identifies how all plastics will be removed
from the Vessel, in accordance with the requirements of Annex III
6
of the International Convention for the Prevention of Pollution
from Ships (MARPOL).
h. 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).
12. The County agrees to complete the following conditions
established by MARAn, EPA, the FKNMS and FWCC immediately 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 FWCC.
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 FWCC when the salvage
company obtains a commercial storage permit for PCB wastes at the
dockside facility (if required) .
d. To provide advance notification (via telephone or in writing)
to MARAD, EPA, and FWCC regarding the actual start-up date of
salvage and clean-up work, and of major components of PCB
removal.
e. To provide to the FKNMS and FWCC written status reports at
thirty (30) day intervals on clean-up progress beginning with the
commencement of work, including any notice regarding amendments
to projected schedules.
13. The County agrees to complete the following conditions
established by MARAn, EPA, the FKNMS and FWCC prior to the
departure of the Vessel from Portsmouth, Virginia to Key Largo,
7
Florida:
a. Provide to the USCG (District 5 and 7 MSO's), the FKNMS, and
FWCC, the company name, address, telephone number, and contact
person of the selected towing company and a dead ship towing plan
covering the tow route from Portsmouth, Virginia, to the
permitted sinking site off of Key Largo, Florida.
b. To ensure that any permit issued by the CORPS reflects a true
and correct location of the proposed deployment site.
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.
d. Ensure that all anchors, chains, and machinery necessary to
lower the anchors are operable and remain onboard the Vessel.
e. Shall inform MARAD, the FKNMS, the USCG, and FWCC 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.
f. Provide certification to EPA Regions 3 and 4 and FWCC 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.
g. Provide to the EPA, the FKNMS and FWCC a risk assessment for
any hazardous materials which were not removed from the Vessel.
h. Provide to the FKNMS and FWCC a certification from the EPA
that the risk assessment has been accepted.
i. Ensure that MARAD, the FKNMS, EPA, the UCSG and FWCC shall
have the right to inspect the Vessel to ensure compliance by the
County with all terms and conditions contained herein.
j. Provide to MARAD and FWCC a comprehensive list of all suspect
PCB sources that were tested or removed from the Vessel.
k. Provide to MARAD and FWCC a comprehensive inventory of all
materials removed from the Vessel which were sold or are intended
to be sold.
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1. 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) .
II. That all watertight doors, hatches, bottom tank covers,
etc. are removed or welded open.
III. That all items that may float free when the Vessel
sinks are removed from the Vessel.
IV. That all deck area, bilge area, engine spaces, and cargo
spaces are broom swept and/or vacuumed.
V. That all plastics are removed from the Vessel.
VI. That all mercury containing switches are removed from
the Vessel.
n. Provide MARAD and FWCC a letter of certification from EPA that
all hazardous waste removal has been completed, and that any
required risk assessment has been approved, and written
certification from USCG that the vessel is approved for sinking.
o. Provide to the USCG, the FKNMS and FWCC an anchoring plan
which describes how the Vessel will be anchored and oriented at
the permitted site to prevent any movement during a major storm
event.
p. Submit a detailed demolition plan acceptable to the USCG, the
EPA and FWCC 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 (i.e. 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
9
bulkheads.
q. 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 FWCC.
r. 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 FWCC.
s. Coordinate with the FKNMS and NOAA to obtain baseline usage
levels for fishing and diving activities on natural reefs located
adjacent to the sinking site. Copies of the data collection
efforts must be provided to FWCC.
t. 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 sinking
can be determined. Copies of these data collection efforts and
analyses must be provided to the FKNMS and FWCC within two (2)
years of the deployment.
14. To the extent allowed by law, the County shall save, hold
harmless, and indemnify the FWCC against any and all liability,
claims, judgments, or costs of whatsoever kind and nature for
injury to, or death of any person or persons and for the loss or
damage to any property resulting in any way with respect to this
agreement, and with respect to any claim that asserts that FWCC
is vicariously liable for any claim or judgment with respect to
this agreement.
15. The County agrees to defend FWCC against any claim made in
connection with this agreement.
16. The County agrees to comply with Section 370.25, Florida
Statutes (2000) I in connection with this agreement.
17. Each party agrees that it shall be solely responsible for the
negligent or wrongful acts of its employees and agents. However,
nothing contained herein shall constitute a waiver by the State
of Florida, or FWCC, of its sovereign immunity or the provisions
of Section 768.28, Florida Statutes, or a waiver of any
10
protections afforded under the Federal Tort Claims Act.
18. This agreement shall begin upon execution and shall exist so
long as the County holds title to the USS Spiegel Grove.
19. No waiver or modification of this agreement, or of any
covenant, condition, or limitation herein shall be valid unless
in writing and lawfully executed by the parties.
20. This agreement has been executed and delivered in the State
of Florida and shall be construed in accordance with the laws of
Florida. Any action in connection herewith, in law or equity,
shall be brought in Leon County, Florida.
21. The parties do net intend for this agreement to be construed
to grant any rights, privileges or interests to any third party.
22. As consideration for this agreement, the parties hereby waive
the right to trial by jury in any action or proceeding brought by
any party against any other party pertaining to any matter
whatsoever arising out of or in any way connected with this
agreement.
23. This agreement rEpresents the entire agreement of the
parties.
IN WITNESS WHEREFORE, the parties have caused this agreement to
be executed through their duly-authorized signatories on the day
and year last signed.
FLORIDA FISH AND WILt'LIFE
CONSERVATION COMMISSION
Approved as to Form and Legality
Executive Director
BY:~~
C WCC Attorney
BY:
DATE:
COUNTY OF MONROE Approved
BOARD OF COUNTY COMM1SSIONERS
Mayor/Chairman
Co
Legality
BY:
BY:
DATE:
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Exhibit A
NOTICE OF ACCEPTANCE OF TITLE
WHEREAS, on March 4, 1996, on behalf of the Monroe County Board
of County Commissioners (County), the Florida Department of
Environmental Protection (DER) made an application to the United
States Department of Transportation for the acquisition of the
USS Spiegel Grove under 16 U.S.C. ~1220; and
WHEREAS, on March 28, 1996, the Corps issued Permit No. 199502550
to the County for the placement of the USS Spiegel Grove in
federal waters off of Key Largo for the creation of an artificial
reef, and
WHEREAS, on July 10J 2000, the Corps extended the expiration date
of Permit No. 199502550 until July 10, 2001; and
WHEREAS, on March 8, 2001, the United States Department of
Transportation wrote to the FWCC and stated that all the
administrative steps necessary for transfer of the USS Spiegel
Grove to the state have been completed, and enclosed a copy of
the Certificate of Transfer agreement (MA-13520) for execution
and transmittal; and
WHEREAS, the FWCC desires to act solely as the agent for the
County with respect to the federal donation of the USS Spiegel
Grove for the purposes described in United States Army Corps of
Engineers (Corps) Permit No. 199502550 (IP-CS); and
WHEREAS, the FWCC and Monroe County have entered into a
Memorandum of Agreement Regarding the Acquisition of the USS
Spiegel Grove from the United States Department of Transportation
for Use as an Artificial Reef; and
WHEREAS, FWCC acceptance of title to the USS Spiegel Grove from
MARAD was contingent upon execution of the FWCC-County Memorandum
of Agreement; and
WHEREAS, the FWCC-County Memorandum of Agreement calls for the
County to approve and execute a Notice of Acceptance of Title,
which will only become effective upon the FWCC's execution of
Certificate of Transfer agreement (MA-13520).
BE IT THEREFORE KNOWN that this Notice of Acceptance of Title has
been properly authorized and acknowledged by the Board of County
Commissioner's of Monroe County, Florida, and that title to the
USS Spiegel Grove is accepted pursuant to all of the terms and
1
~
condi:io~s contain8d :~ the FWCC-Cou~ty Xemorandum 0: Agree~e~t.
I~ wr7NESS WHEREOT, ~he Board of Co~nty Conmissioners 0: ~on=oe
County, Florida, have ca~sed this Notice of Acceptance of Title
to be d~:y executed :h:s day of , 200:.
(SEAL)
AT7ES':': DA1\"NY KOL!1AGE, Clerk
BOARD OF COUNTY CO~:SS:ONERS
OF MO~OE COUN~Y, FLORIDA
3y:
Dep-..:ty Clerk
I:ate:
By:
Mayo=/Chairman
2
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Exhibit B
Contract No. MA-13520
CERID1CATE 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 Vessel,
NOW, THEREFORE, in consideration of these premises:
1. 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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Recyclable
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Interior's Fish and Wildlife Service, National Oceanic and Atmospheric
Administration, U. S. Anny 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 environmenta1laws and
regulations including, but not limited to, the Comprehensive
Environmental 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 U.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 complet~d, 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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4
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 Vesse!.
(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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5
8. The STATE OF FLORIDA, prior to sinking of the 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.
lli. 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.
N. 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 hannless 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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6
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 cormected with the Vessel including handling or disposal of
hazardous, toxic or regulated materials or wastes on or removed from the Vessel.
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 )
) S5:
DISTRlCT 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 AD:MlNISTRATOR, 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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~.
i
J, .
~
DEPARTMENT OF THE ARMY
JACKSONVILlE DISTRICT CORPS op eNGINEERS
MIAMI REGULAT~ OFFICE
11420 NOItTH KENDALl DRIVE, sum; 10'
MIAMI, FLORIDA 33176
Exhibit C
Regulatory Division
South Permits Branch
199502550 (IP-CS)
MODIFICATION 1
JUL 1 0 2000
Monroe County Board of County Commissioners
Department of Marine Resources
Attn: George S. Garrett
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Dear Mr. Garrett:
Reference is made to your letter dated July 6, 2000 in which
you asked that the Department of the Army permit 199502550(IP-CS)
be extended for a period of one year until July 10, 2001. The
/ permitted project consists of constructing an artificial reef by
the placing of the vessel Speigel Grove at a location just inside
the boundaries of the Florida Keys National Marine Sanctuary off
Key Largo, in Monroe County, Florida.
The impacts of the proposed work on the environment have been
evaluated and found to be insignificant. The permit is hereby
modified by the extension of the expiration date to July 10,
2001. You should attach this letter to the permit. All other
conditions of the original permit remain in full effect.
Thank you for your cooperation with our permit program.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
C~A.
~ Joe R. Miller
Colonel, u.s. Army
District Engineer
Enclosure
.-/
. .
,
County of Monroe
'-..-,,'
l)eaIl'tnM!Dt ", MIlI'ioa '11_
2798 0Veneas JIiIhw-Y. Suite 420
Marad1on. Florida 33050
Voice: (305) 289 2507
FAX: (30S) 289 2544 or 2S36
BmaiJ: smcug@mail.smteJi.us
~C(i~-;~
/ L -- '
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Board of CGaIlhr c-mMlnn~
Mayor Shirley freemIn.Dilt. 3
Mayor Pro Tem Qeorp Neugent. Dill. 2
Commiuicmer Wilhelmina Huwy. Dist. 1
ComIDillionc.r Non WUliams, Dill. ..
Commissioner Mary Kay Reich. DilL S
6 July 2000
\
Mr. Chuck Schnepel
U.S. Army Corps of Engineers
11420 N. Kendall Dr., Suite 104
Miami, Florida 33176
Dear Chuck:
.....J
Please consider a request to extend Army Corps of Engineers permit number
199502550 (IP-EJ) for the period of one additional year. This is an artificial reef
permit to place a vessel, the Speigel Grove, at a location just inside the boundaries
of the Florida Keys National Marine Sanctuary off Key Largo.
Delays in defining requirements for hazardous materials clean-up, particularly
PCBs, have held the project off this long. At this juncture those issues have been
resolved and we expect the vessel to be cleaned this Summer. 1bis should allow
plenty of time to get the vessel down on the site either late this Fall (after
hurricane season) or early next spring (when weather is favorable).
If I can assist in any way in consideration of this request or if you have any
questions, do not hesitate to contact me.
Sincerely,
,~-.,,/I
ArtRIIfsSpeigel)lO
CY1/WOO 2:40 PM
County of Monroe
Department of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Voice: (305) 289 2504
FAX: (305) 289 2536
fletchp@mail.state.fl.us
Board of County Commissionen
Mayor Wilhelmina Harvey, Dist. 1
Mayor Pro Tern Shirley Freeman, Dist 3
Commissioner George Neugent, Dist 2
Commissioner Nora Williams, Dist 4
Commissioner Mary Kay Reich, Dist S
9 June, 1999
Chief Hall:
Il'c$:
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7ecS"'IY
Chief John R. Hall
Construction-Operations Division
Regulatory Branch
South Permits Section
Department of the Army
Jacksonville District Corps of Engineers
P.O. Box 4970
Jacksonville, Florida 32232-0019
Please find the enclosed map detailing the updated artificial reef site for permit application
number 199502550 (IP-EJ), site location for the Spiegel Grove. Please amend the permit
application to reflect the 0.2 square nautical mile boundary around the Spiegel Grove site as
depicted in the attached diagram. This boundary will provide a buffer zone around the vessel,
which will provide for movement of the reef in the case of a severe storm event and aid in
charting purposes. Please contact me if you have questions or comments regarding this matter.
Sincerely,
~d~
Pamela Fletcher
Enclosure
cc:
George Garrett, Monroe County Marine Resources Director
Jon Dodrill, Florida Department of Environmental Protection Artificial Reef Program
Ben Haskell, Florida Keys National Marine Sanctuary
SpeigelO60999
06/09/99 12:1S PM
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Page 3 of S Daeed 13 Ma~ 1995
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DEPAR11IBIT OF THE AMY
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Construc~~on- erat~ons
Regulatory Branch
South Permits Section
199502550 (IP-EJ)
Division
MAR 2 .3 1996
Mr George Garrett
Monroe County Board of Commissioners
Monroe County Courthouse
Office of the County Clerk
500 Whitehead Street
Key West, Florida 33040
Dear Mr. Garrett:
We are pleased to enclose the Department of the Army permit and
a Notice of Authorization which should be. displayed at the
const~~c~ion site. Work may begin immediately but the appropriat~
Regulatory Section Chief as representative of the District Engineer
must be notified of:
a. The date of commencement of the work
b. The Cates of work suspensions and resumptions if work is
suspended over a week, and
c. The date of final completion.
Regulatory Section Chiefs addresses and telephone numbers are
shown on the enclosed map. The Section Chief is responsible for
inspections to determine that permit conditions are strictly
adhered to. A copy of the pennit and drawings must be available a.t
the site of work.
IT IS NOT LAWFO'L TO DEVIATE FROM
TIlE APPROVED PLANS ENCLOSED.
Sincerely,
Enclosures
!)R~ ~~
Chief, Regulatory Branch
ro~
. IcI30 ~!\I~"''V1d
9CgZ68Z IVd CO=9T 66/tO/~O
DEPARTMENT OF THE ARMY PERMIT
Permittee: MONROE COUNTY BOARD OF COMMISSIONERS
Permit No. ~99S02550
Issuing Office: U.s. Army Engineer District. ~uck9onv~11e
NOTE: The term "you" and its derivatives, as used in this permit,
means the permittee or any future transferee. Thl! tl!rn "this
office" refers to the apprcpriate district or division office of
the Corps of Engineers having jurisdiccion over the permitced
activity or the appropriQtc official of that office acting under
the authority of the cornmanalng officer.
You are authorized to perform work in accordance with the ~erms
and conditions specified below.
Project Description: Scuttle a surplus U.S. Navy ship on the
sandy sea bot~om. A 510-foot long and eO-foot high ship will be
scuttled in an approximately lOOO-foot long stretch of sandy sea
bottom located in a restricted shipping area of the Florida Keys
established under the National Marine Sanctuary and Protection
Act. The highest point of the ship's superstructure will be
submerged unde~ 40 feet 0: seawater. The project is described on
the attached plans numbered 199502550 (IP-EJ) in 5 sheets, dated
May 13. 1995.
Project Location: In the Atlantic Oc~an, approximately 5
nautical miles offshore from Key ~argo, Key Largo. Monroe ~ounty.
Florida. Latitude 25004'le~N.. Longitude BOD1B'72QW.
/
Pe~it Condition.:
General Conditions:
1. The tlme llmit for completing the work authorized ends on
~. If you find that you need more time to complete
the authorited activity, subm~t your request for a time ex~ension
to this office for consideration at least one month before the
above date is reached.
to~
.ld30 ~NIN."'Vlcl
9CS~69Z YV~ CO:9T 66/tO/SO
2. ~ou must maintain the activity au~hori%ed by :his ~e1~~L :~
good condition and in confc~nce w1th the ~.r",B and co~di~i=ns
of ~hia permi~. ~ou are not relieved o~ this =equ~rement if :~U
abandon the perm1tced act1v1ty, although you ~~y ma~e a good
faith =ransfer to a t~ird party in oompliance with Ge~e=al
Cond~cion ~ below. Should you wish to cease to mair.~a~ the
authorized activity or should you de~ire to &banQo~ it withcut a
good faith transfer, you mu~t Qb~&1n a mOQ1f1cae1on of ~his
pe~.it from thi. office, which may requir~ restoratier. c~ ~he
area.
3. If you di3cover any previously unknown historic or
archeological r.~ins while acccmpliBbing the &o~ivi~y ~~thori~ed
by this perm1t, you must immediately notify this c;f1ce of what
you hav. found. We will 1n1t1ate the Federal ana s~at9
coordination required to de~ermin. if tb~ remaine warra~~ a
recovery effort or if the .ite 1s e11gibl~ fer l1seing in the
National aegi.ter of Historic Places.
~'. If you sell the property al"!I0Ciilted with t.his permi~ I YO\...
must obtain the signature and mailing ad4rees of the new OWTler in
the .pa~. provided and forward a copy of the permit ~o t~i.
office ~o validate tae transfer of thi. authorization.
5. If a conditioned water quality cert1flcaticn cas be~n i~sued
for yo~r prejact. you must comply with th. ccn~~~~ons spacified
in the =ertifieation .s special coodit1ons to ~his p.rmi~. F~r
your convenience, a copy of the certificarion ~. at:ached It 1t
contains such cona1tiQns.
G. You must allow representatives from t~11 office to inspec~
the authcriza~ activity at any time deemed nec~..&rl to ensu~.
that 1~ is Qelng or has bean acccmplished in aQeOr~3nce with ehe
term. and conditions of your permit.
Sp.~i.l CODdit!QD.'
T.be p.r.m1~te. agr... to ~e lo11owi~~ special CQD41ciQ~a:
1. The U.8 of' ezplo81va. .A.ll Qe ltmited to co~trglle4
wburniag- for ~. purpo.e of c~.at~~ ho1.. i~ 1~t..1Qr
bulkh..4!. i~ order to flood in~er1or compartments, and small
eAa~g.. i~ or4.r to create holes of about B-lneh d1~.t.r in ~.
very bottom of the .Dip. v.. oi ~h..e ezplo8;i.".. w.111 be 11m1t1l4
to interior compartment. aea18d from 41ver access below the maiD
deck aad to the bottom hull o~ the ship.
2
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9CS~6g~ YV.:J CO:9T 66/tO/SO
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2. The peraittee agre.. that ..tar~&4. uled ~or artifici.l reet
ccaa~ruc:ion will conai.t o~ly of the .u~l~. O.S. Navy Ship
.pecified ~ the ~roject de.c%!Pt!OA.
3. The parm1tt.. agr... :g ~o~~~y tb. r1ar14a Key. N.t~o~al
Marilla Sanctuary when tAa .hip has been pt'epa.eu ilnc;i is ready fer
traAsport to the .ite ao that & ~ep~..~tative at their option
ca: 1:5p.ct the v....l.
4. The per.mitt.. agre.. to notity th. Plorida Keys National
HariD. SUlC~U.:'7 wben elL. ve811s1 1.8 too be tr-.n.portec!. &%1d sunk on
the .i~e .0 tbat, a~ ~~e1r op~iOD, & representative caa be
pre8ant eo help i~8ur. the proper pl&Q~t of the 8~rueeUre.
S. The peftlitt:ee a~.a. to adhere to all special conditioa! of
tba nA General .er.mit SAJ.50 fer Artif1cial Pishing aeet. and
Piah Attr&ato~a, 1.lue4 OD ~&DU&~ 19, 1'95, will ~. 1~clu4.d 1D
tha p.ftU.~. W1:LaD. cU.acZ'aparacy exises l:)etweell ell.
SA3-50 speOial Q~41tio~. aDd ~. ~..t of ~. p.rmie inltrument,
the per.m!t LD.t~t will be followed p~efer.Dtially.
6. ~h. praci.. planned pOlitieA to~ the staking sh~ll be
.~eyed pr~o~ ~o ~e .inkiuW ~d .e least 2 marker ~UOY8, fi~y
att&~=Aed to ~Ae >>ot~ga, will be e.~~lished to mark the forward
ex~ene azul a!t: _ta=.t of the v....l po.ition.
7. To as great an ezt:an~ aa po..u-lel the v....l shall be
scuttle4 betveeD the.. 2 ~~oyw 4~~DV favorable current &Dd .e.
co~it1Q:us. If U. final SAeha~e4 I'c81elcZl prio%' to sinking
deviate. fram tbe surveyed po.ition the modified pClit10u .hall
be surveyed aDd a new set of fora and aft l:)uoya established.
8. A secc~4 tugboat i. 2:'.e~eDdad to ...1.t with the final
poaitioning .n4 d.pl~t of ~e ancho:.ao ~.t the v8~.e1 may
b. acuttled in the plaaned po.ltio~.
, . All element. in tha d...cription of work shall b. aclhaZ'ed. to.
Any unfo~.a~ mo41fi~at:~~8 to the d..oription of work ehae are
deemed ~ee...a~. shall be cleared tbrQugh the Florida Key.
N&~io!1al marizla Sand~U&Z'y.
3
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9CSZ6g~ IVd CO:9T 66/~0/SO
Further %n!or.mation:
1. Congressional Author1t1~s~ You have been author~zed ~o
~nder:ak. the activ~ty described above ~~rsuant tc:
(Xl Section LO of the Rivers an4 Harcors Act of lS9~ (33
U.S.C. 403).
( ) Section 404 of the clean Wa~er Ac: (33 a.S.c. 1~44;.
( 1 SactioD 103 of the ~arine ~rotection, Reeea~c~ a~d
Sanctuaries Act of ~972 (33 U.S.C~ l413).
2. Lirr~:s of ehis authorization.
&. T~is permit does not obvia:. ~h. need t~ oD~air. other
Federal, state, or local authorizaeiona required by la~.
b. This pe~1t does not grant any property righta 0=
exclu.ive ~rivileges.
c. ThiA permit do.. not authorize any injury to the property
or righ~s of others.
Q. This permit does not authorize 1neerferen~e wi~h any
exi.t~ng or proposed Federal projects.
3. Limits of Federal Liability. In i8.~1ng thi~ per~it, ~hc
Federal Government does noe assume any lia~ility for the
following:
a. ~~~ages to =he permitted p=oject or usea thereof as a
result of otbe: permitted or ~permitted .~tivi~ies or from
natural causes.
b. DL~age8 to ~he permitteQ project or ~S.. ch6reof as a
result of current or futu~e act1v1ties under~aken bv or O~ ~=halt
of the United State. in the public interest. .
c. Da~ages.to persons, property, or ~o othe~ ~e~~itt~Q Q=
w~perm~tt.d .ctivi~ies or structures cause1 ~y ~he ~c~ivi~i'
a~thorized by this permit.
d: D.sign or cor-struction deficie~ci@~ associa~e~ wi~h the
permi':t:ed work.
4
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Old3G !>NINNYld
9CSZSGZ YVd CO:9T SSitO/SO
e. Camage claims associated w~ch any :utu~e ~~dificat~o~,
auap.ulllon, OJ:' revocllLtion of thi.s ~~~'lni+:'.
4. Reliance on Applicant's DaC&; The deeerminaticn of =his
. office that issuanee of this permit is not contrari :c the p~b:ic
interest wa. made in reli.nce on the inforrn~tion yc~ p=ovide~.
!. Aeevaluaeion of )ermit Oecision. This o~~i=e ~ay =aevalu4te
its decision en this permit at any time :he circu~st&nces
warrarat. Circ~mstances ~hat could req~1re a reeval~~tior- incluQe,
but are noe limited to, the following:
a. You fail to comply w1~h the terms and cond~cions ;~ ~his
permit.
b. T~e informa~ion provided by yo~ 1n .uppo~ of your p~rmit
applica~iQn proveg to have been f4lse, incomplete, or inaccurate
(see 4 above).
c. Si~nificant new informa~ion surfaces which this otfice did
not eo~sider in reaching the original public interest oe~i3~on.
Sucn a r@evaluation may re.~lt 1n . ~.term1nat1on t~at it is
app~op~iate to use eae suspeneicn, modification, an~ revocati~n
prQeedure. :ontained in ~3 CFR 325.7 or enforcement pro~~dures
such as ~hose conta1ned 1n 33 CPR 326.4 and 3~D.5. ~he re:erer.ceg
en!er:emeftt ~roeedures provide for the is&uance of an
administrative order requ1r1ng you comply w1th the ~e~~9 an~
:onditions of your permit ~d for the initiation of lega~ act~on
where appropriat.. You will be require4 eo pay for any c~~ree:ive
measures ordered by this office, and if you fail to comply with
such di~ee~ive, this office may in certain .ituat1cns ~~uch as
those specified in 33 CFR 209.170) accompli8h the corr~c~ive
measures by contract or otherwise and bil: you for the =ost.
6. Extensions. Ge~eral eond1tio~ 1 establi.~es a ~~me limi~ for
the compl.~ion of t~ activity authorized by th1s permlt. ~r.les.
there are circum.tances requiring eieher a prompt completio~ of
the a~thorized activity or a reevaluation of the ~ublic in~e~.~~
decil!!ion, the Corps will na:r1nally gi.ve favora}:)le ccnside:-ati.cn t.:)
a re~~est for an extensio~ of this time limit.
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9CS~68~ YVd CO:9T 66/tO/SO
'0,5/04/ oJ 1.6..:.~3 FAX 2892536
~
PLANNING DEPT. .
I4i 18
- -- """'._"""'-. I .....~
Your .tgnat:\:re below, ~. p.%'fr\ltC..~1 1nC.J..:a~.. ~hat: :O'o.l ~eee5'~ "n~
aqree eo comply wi~h che C.\'tr\. ana eondici.c:.n. cf tfo..1.lJ pern\.i.t.
;::~ )t,l/'~ hfL
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.
permi~ ~c=me. effective when the Federal o!ficial,
"atea to act fo~ the Secretary of ~~. Army, rAs !~gned
MAR2B 119&
(OA.TE,
When th. .~ruCture. oz work aucho~iz.d hy chis p.~\lt are '.eill
in .x1.cence at tM ti.me ene pr""erey i. transfen-ed, tb.t! earme
and cQ~d1tion. c: ~h~. permit w111 aOnt1n~6 to De binding on cae
Dew Qwusr(sl of the property. To valida-c. the ~rans;ier of ~hi8
pa~1t and the ..,oci.teo 1~ab1l1t1e8 aS8oc1ated with compli~ee
with its term. and ~Q:diticn., h&ve the tranBferee si~ and date
~elow.
CTRANSFEKEE-SlaNATOR!)
(OAT~)
(lAM! - PJUlitTItl)
(ADDRESS)
(CtTY, STATE, AN~ ZIP COOS)
I;
05/04/88 18:03 FAX 2892538
P1.A!\'!UNG DEPT.
[4J 09
DEPAFmlENT OF THE ARMY
.._ ~_'. JACKSONVLL! IISTNCT COAPI 0' ENGINI!RS
It. O. .. 4170 .
JACKSONVUE. FLORIlA ~.ocnt
~
l~
III"'" TO
Regula~~~ivision
General pe'rtnit
CESAJ'-SO
JAN . 1 9. 199.5
SAJ-SO
ARTXPIC~ VXSB~ RBBPS AND PISH ATTRACTORS IN PLORIDA,
PlJZR'1'O lU:CO AND THB 'C'. S. VIRGIN ISLANDS
-"
Upon recommendation of the Chief of Engineers, pursuant co
Seceion 10 of the Rivers and Harbors Ace of 1899 (33 D.S.C. 403)
and Section 404 of the Clean Water Act of 1977, general au~hori~y
is hereby given to place suitable macerials for the purpose of
constructing artificial fishing reefs and fish actractors in the
State of Florida, the Commonwealth of Puer~o Rico, and the u.s.
Virgin Islands. This General Permit does not authorize the
placement of material. for live rock aquaculture.
Spe~ial Con4ielcn81
~. Materials authorized by this general permit include concrete
ana steel culverts, Army tanks and steel hulled or ferro cement
vessels (without engines), construction-grade aluminum alloys and
ferrous metals such .a bridges, concrete blocks, slabs, natural
limestone boulder size rocks, etc.,.and similar material.
Materials are to be selected to avoid movement ot reef materials
caused by sea conditions or currents and are to be clean and free
of asphalt, creosote, petroleum, other hydrocarbons, ~oxic
residues, loose free floating material, or other deleterious
substances. Such materials may be inspected by the Corps or
their designee prior to placement. No automobile, truck, bus, or
other vehicular tire. may be used unless split and sub6~ant1ally
embedded in concrete. Also prohibited are household appliances
such .s refrigerators, freezers, ranges, air conditioaer units,
washers, dryers and furniture, hoat molds, dumpsters, PVC and
fibergla.. materials (unless specifically designed and
conseructed for r~ef or fish attractor purposes), trailers,
vehicle bodies, fuel .torage tanks, etc. Such prohibieed
materials will require processing by individual permit
application to be used for artificial re.f construc~ion.
2. " The permietee will notify the U.S. Army Corps of Engineers
(nearest field office), the U.S. Coast Guard (near..t station),
the Florida Marine Patrol (nearest station), additionally in ene
Virgin Island. and Puerto Rico, the Departmene of Planning and
Natural Resources (n.s. Virgin Islands), and the Deparemenc of
Na~ural and Environmental Resources (Puerto Rico). Nocification
should be no less than 5 working days prior to departure of the
vessel to allow for inspection of the reef nourisnmene material.
The notification will include the point of depareure, eypes of
materials to be used for reef construction, and a po~nt o~
contact at the departure site.
05/0~/99 18:03 FAX 2892538
PLANNING DEPT.
I4J 10
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-2-
3. The permittee. or designaced agent, will prepare and present
to Federal or State officials, upon request, and keep or. board
the ves.el used to ~ransport reef material, an original manifest
~hat contains an itemized list of all the materials on beard that
are to be used al reef maeerial.
4. Any vessel used as artificial reef material ~ill have all
floaeation materials removed from the vessel and must receive and
pass an inspection from the Marine safety Office of the u.s.
coast Guard prior to deployment as an arcif1cial reef. The
vessel will have "reef material" painted in a visible and
appropriate location of the vessel.
S- All loading of artificial reef material, departure of the
vessel for construction of the reef and placement of the material
on the reef will be accompli.hed curing daylight hours, Monday
through Friday only, unless prior approval is granted by the
Corps of ~ngineerE and the u.s. Coast Guard,
6. The permiccee will notify the O.S. COast Guard Station
(nearest station), the Floriaa Marine Patrol (nearest station),
additionally in the Virgin Islands and Puerto Rico, the
Department of Planning and Natural Resources (U.S. Virgin
Islands), and the Department of Natural ana Environmental
Resources (Puerto Rico) I of the dep~rture time of the vessel
transporting the material, providing them with the approximate
coordinates of the proposed reef, the Department of the Army
perMit number, and the estimated time of arrival at the reef
site.
1. The permittee shall maintain a minimum vertical clearance
above the reef of no less than that shown in the drawings
attached to, and made a part of, the authorization granted.
8. No artificial reef. or fish attractors shall be authorized by
this permit which would, in the opinion of the Corps of
Engineers, constitute a ha2ard to shipping interests, general
navigation, or military restricted zones.
9. No authorization is granted by this permit for the
eon5truc~iQn of artificial reefs or fish attrac~ors in known
established shrimp, fish and shellfish trawling areas, unless in
the opinion of the COrpl of Engineers such cons~ruction would not
eonstitute a hazard to ~hose trawling activi~ies.
10. No construction shall be initia~ea unless and until all
neeessary local, State and/or other Federal agency .uchorizationa
are graneec.
~
05/04/99 18;03 FAl 2892538
PUNNING DEPT.
14111
. ---- .--.
-)-
f
~1. Marking of che artificial reef or fish attraccor, when
applicable, shall be in accordance with U.s. Coast Guard (USCG)
requirements as evidenced by a letter from the USCG which shall
be attached to the permit.
12. No authorizacion is granted by this permi~ for ehe
construction of artificial reefs within 1 nautical mile of the
boundaries of Fort Jefferson National Monument, Looe Key National
Marine Sanctuary, Key Largo Coral Reef National Marine Sanctuary,
Biscayne Na~ional Park, Pennekamp Scate Park, the two Buck
Islands Reefs (Virgin Islands), The Florida Middle Grounds (that
area bounded by a line beginning at Point A
(latieude 2BD42.5' N., longit~de 84024.S' w.), proceeding due
east for approximately 7.4 nautical miles to Point B
(lacitude 28042.5' N., longitude 84016.3' W.); then proceeding in
a southeasterly direction for approximately 34.6 nautical miles
~o point C (la~itude 28011' N., longitude 84000' W.), then
proceeding due wese for approximacely 7 nautical mile5 to point D
(la~i~ude 28011' N., longitude 84Q07' w.); then proceeding in a
nc~hwesterly direction for approximately 22.3 nautical miles to
point E (latitude 28"26.6' N., longitude 84024,8' W.); then
proceeding due north for 15.8 nautical miles to origin at Point
A, ~he oculina Bank (thae area on the East Coast o~ Florida
bounded by latitude 27D30' N. eo latitude 270$]' N. and
longitude 7,056' W. to lo~gitude 80~O' w.), national historic
sices, or other Federal, Commonwealeh, or State parks, preserves,
marine sanctuaries. and wildlife management areas.
13. No authorization is granted by this permit for the
construction of artificial reefs/fish attractors on significant
submerged beds of sea grasses, fresb water grasses, or
macroalgae, coral reefs, live DoCtOm (areas supporting dense
growth of sponges, sea fans, soft corals, and other sessile
macroinvertebrates generally associated wich rock outcrops) ,
oyster reef~, scallop beds or clam beds.
14. Following expiration of the initialS-year construction
authorization, additional macerial may be placed on the si~e for
a maximum of 5 additional years for rehabilieative or
renouri.bment purposes. The permittee muse present oocumentation
concerning the need for rehabilitation. Such rehabilitaeion is
sUbject to the approval of plans and materia~s by the Corps of
Engineers. Eacn ~1me a reef ,site is nourished. the permittee
will prepare a repo~t within 30 days after the reef deploymenc,
to include che ~yp. and amount of ma~erials used in the
ncurishm.nt, method for cleaning the materials if necessary,
where the maeerials ~ere placed, and the configuration, including
height of the ma~.rial afcer placement. A copy of the report
will be submitted to ~h. State of Florida, Department of
Environmen~al Prot.ct~on, Office of Fisheries Management and
..-/
05/04/99 18:03 FAl 2892538
PLANNING DEPT.
14112
-.-- ...--.
-~-
.
Assistance Service, Tallahassee; the U. S. Fish and Wildlife
Service, Panama City; The National Marine Fisheries Service.
Panama City; the Environmental'Protection Agency, A~lanta; and
~he U.S. Army Corps of.Engineers, Jacksonville Dist~ict;
additionally in the Virgin Islands and Puerto Rico, the
Department of Planning and Natural Resourees (U.s. virgin
Islands). and the u.S. Pish and Wildlife Serviee and Department
of Natural Resources (Puerto Rico) .
15. No work shall be performed until af~er the owner or operator
of any markea utilities in the area of ehe structure; has been
notified.
16. No work authorized under this permit may adversely affect
the continued existence of an endangered species.
1'. The District gngineer re.erves the right to require that any
request for authorization under this general permit be processed
as an individual permit. The District Engineer also reserves the
right eo suspend or void an issued authorization when and where
it is felt appropriaee.
18. Prior to start of construction of any artificial reef/fish
attraetor, the applicant must present to the Corps proof of
unencumbered tit.le, (bill of sale. affidavit, as a gift, or
ot.her) ~o all materials used for the construet.icn or
rehabilieation of the artificial reef/fish attractcr. and the
applicant or insurer must show proot of financial responsibility
(insurance, assets, sponaorship, bonding, etc.) for any liability
that may arise from damage or loss as a result of the artificial
reef/fish attractor. The permittee, and insurer of the
permittee, shall not be liable when the permittee is in
compliance wit.h all of the terms ana conditions of the permit and
the National Fishing Enhancement Act of 1984.
19. No work will be authorized by this general permit until
suitable plan. and drawings have been provided and approved by
the u.s. ArmY Corps of Engineers.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
~~~
Colonel, Corps of Engineers
Commanding
l