05/22/1996 Agreement
ARTIFICIAL REEF PREPARATION AND TRANSPORT AGREEMENT
This Agreement is made by and between Monroe County, a political subdivision of the State of
Florida, 5100 College Road, Key West, FL 33040, hereafter County, and The Legendary Key Largo
Chamber of Commerce, a non-profit Florida corporation, 105950 Overseas Highway, Key Largo,
Florida 33037, hereafter KLCe, for the preparation of the surplus Navy ship Spiegel Grove as an
artificial reef and transporting the Spiegel Grove to a site off Key Largo, Florida, where the ship is to
be scuttled and turned into an artificial reef. The County and KLCC further agreeing as follows:
1. aj The Spiegel Grove, hereafter the hulk, is a decommissioned Navy LSD, 510 feet in length
with an 84-foot beam and a vertical height from keel to stack of 94 feet. On the:r.ffe;tivEU9ate"of
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this agreement, the hulk is located with the James River Reserve Fleet in Fort Eustis,~. ~ f'T1
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b) KLCC must satisfactorily complete its obligations under this Agreemen~~1Y 1~99~
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2. In order to successfully convert the hulk into an artificial reef, KLCC m~~m,5te ~e
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following tasks: r c> - :::0
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a) Obtain written verification from a qualified marine engineer that the hulk will remain in
the site authorized and described in Army Permit No. 199502500, hereafter the Permit, during a
category three hurricane. A copy of the Permit is attached as Exhibit A and incorporated into this
Agreement.
b) An inspection of the hulk for materials considered hazardous by the U.S. Environmental
Protection Agency, hereafter EPA, the Florida Department of Environmental Protection, hereafter
DEP, the U.S. Coast Guard and the National Oceanic and Atmospheric Administration, hereafter
NOAA, must be conducted by a qualified consultant employed by KLCC. The Consultant must
provide a list of all hazardous materials found on the hulk that the EP A requires to be rem.oved. The
consultant must also provide an estimate of the cost of the removal of those hazardous materials
and the cost of disposal in a manner satisfactory to the EP A.
c) KLee will furnish $200,000 for funding the tasks set forth in paragraph. 2. If KLCe cannot
raise that amount or if the estimated cost of removal and disposal of the hazardous materials
exceeds $250,000, then KLeC must confer with the County Administrator and the Board of County
Commissioners to determine if additional funding is lawfully available from any County fund or
account to make up the estimated shortfall and if the County's Board of County Commissioners is
willing to authorize such an expenditure. If the Board. in its sole discretion. declines to make up the
estimated shortfall out of County revenues. then either party may terminate this agreement without
any further liability. duty or obligation to the other.
d) The hazardous materials revealed by the inspection that EPA requires to be removed
must then be removed by a qualified shipyard or marine salvor. The materials so removed must be
disposed of in a manner satisfactory to EPA.
e) The hulk must then be prepared by the qualified shipyard or marine salvor to the
maximum extent possible for diver safety. Diver safety preparation includes the following items:
sealing doors to prevent access by inexperienced divers to the main deck; removing doors on other
decks; and removing cables that might create or pose a danger. The diver safety work described in
this subparagraph must be performed to the satisfaction of the U.S. Coast Guard.
f) Upon completion of the tasks described in subparagraphs 2(b) and 2(d) - 2(e), KLCC
must provide the County with written verification from the EPA. the DEP, the U.S. Coast Guard and
NOAA that the hulk is sufficiently free of hazardous materials to be used as an artificial reef.
Additionally, KLCC must provide the County with written verification from the U.S. Coast Guard that
the hulk has been sufficiently modified to render it as diver safe as possible.
g) Once the hazardous materials have been removed and the hulk made diver safe.
KLCC shall make arrangements with the 949th Transportation Company (Floating Craft). U.S. Army
Reserve. to have the hulk towed from the site of the shipyard or marine salvors to the location off Key
Largo. Florida. described in the Permit. If the 949th Transportation Company is not available, then
KLCC must arrange transportation by a similarly qualified entity, preferably a govemment agency.
subject to the County's approval.
h) When the hulk has arrived at the location described in subparagraph 2(g). KLCC shall
make arrangements with local businesses to complete any final preparations necessary before the
hulk is sunk. Once sunk. KLCC must also make arrangements with local businesses to ensure that any
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holes cut in the hulk's hull to facilitate sinking have metal grates welded over them to prevent diver
entry if deemed necessary by the County.
il When the hulk has arrived at its location at Key Largo - but before it is sunk - KLCC
must notify. and make the hulk available for inspection by, representatives of the EPA, the U.S. Coast
Guard, DEP. and the County. KLCC must correct deficiencies noted by any of those representatives
before the hulk is sunk.
j) When the hulk is finally approved for sinking, KLCC shall cause the hulk to be sunk by
personnel from the U.S. Naval Special Warfare Center at the location specified in the Permit. The
hulk also must be sunk according to the specifications described in the Permit. If the hulk is not sunk
in conformity with the Permit. then KLCC, at its own expense. must correct whatever nonconformity
that may have occurred.
kl When the hulk has been sunk, KLCC shall then cause the hulk to be marked with the
buoys required by the Permit.
3. Upon the successful completion of all the tasks required in paragraph 2, KLCC shall submit
an invoice to the County's Director of Marine Resources requesting payment in an amount not to
exceed $50,000. The invoice must be in a format satisfactory to the Director and the Clerk of the
Circuit Court. If the invoice is approved by the Director and the Clerk. the County must cause
payment to be made to KLCC in the amount requested.
4. KLCC acknowledges that the County's obligation to make the payment described in
paragraph 3 is contingent upon the County's receipt of a $50,000 grant from DEP under Sec. 370.75.
Fla. Stat.. and Chapter 62R-9. FAC (Artificial Fishing Reef Program). If the grant is denied. the County
will have no obligation to make any payment to KLCC under paragraph 3 or to otherwise
compensate KLCC in any way for carrying out the tasks set forth in paragraph 2.
5. KLCC must indemnify and hold harmless the County from and against all liability. claims,
damages both incidental and consequential. loss. costs and expenses arising out of, or resulting
from. any error or omission occurring during the course of carrying out the tasks set forth in
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paragraph 2. The indemnification and hold harmless obligations of this paragraph do not extend to
claims based on injuries occurring after the date the hulk is sunk in conformance with the
Permit. KLCC's purchase of insurance under paragraph 6 and Exhibit B does not alter or effect
KLCC's obligations under this paragraph.
6. At the commencement of this agreement. KLCC must provide evidence that it has obtained
the insurance in the amount and type described in Exhibit B in favor of the County. Exhibit B is
attached and incorporated into this agreement.
7. If KLCC or any of KLCC's subcontractors, including the military units listed above, fail to carry
out their obligations under this agreement. the County may - without limiting any other remedies it
might have - dispose of the hulk in whatever fashion the County determines to be in its best interest.
8. All data, reports, and other documents produced or obtained in the course of carrying out
the tasks in paragraph 2 are and will remain the property of the County and must be delivered to
the County's Director of Marine Resources before the County may make any payment to KLCC.
9. Records of KLCC' s personnel payroll expenses, costs and other expenditures pertaining to
the tasks set forth in paragraph 2 and the records of the account between the County and KLCC
must be kept on a generally recognized accounting basis and must be available to representatives
of the County and the Florida DEP during normal business hours. KLCC must keep the records for a
period of three years following the payment described in paragraph 3.
10. KLCC is an independent contractor. Nothing in this agreement creates a contractual
relationship between any third party and the County or creates any rights in favor of a third party,
including KLCC's subcontractors and materialmen, vis a vis the County.
11. KLCC acknowledges that all records, data, and documents pertaining to the paragraph 2
tasks are public records under Chapter 119, Fla. Stat. As a result. they must be made available at a
reasonable time and place upon the request of any member of the public. Failure to do so is a
breach of this agreement immediately terminating the County's obligation to make any payment to
KLCC.
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12. This agreement has been carefully reviewed by both KLCC and the County. Therefore. this
agreement is not to be strictly construed against either party on the basis of authorship.
13. This agreement represents the parties' final and mutual understanding. It replaces any
earlier agreements or understandings, whether written or oral. This agreement cannot be modified
or replaced except by another signed agreement.
14. Nothing in this agreement should be read as modifying the applicable statute of limitations.
The waiver of the breach of any obligation of this agreement does not waive another breach of that
or any other obligation.
15. KLCC warrants that it has not employed, retained or otherwise had act on its behalf any
former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990
or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion. terminate this agreement without liability
and may also. in its discretion. deduct from the amount due under paragraph 3, or otherwise
recover, the full amount of any fee, commission, percentage. gift. or consideration paid to the
former County officer or employee.
16. This agreement is governed by the laws of the State of Florida. Venue for any disputes
arising under this agreement must be in Monroe County, Florida.
17. KLCC agrees that it will not unlawfully discriminate against any of its employees or
applicants for employment because of their race. color, religion. sex, national origin or disability.
KLCC must insert a provision similar to this paragraph in any subcontracts awarded under this
contract except those for the purchase of commercial supplies and raw materials.
18. All communication between the parties should be through the following individuals:
Monroe County
George Garrett.
Director of Marine Resources
2798 Overseas Highway
Marathon, FL 33050
(305) 289-2500
KLCC:
Ginna Thomas Drake,
Executive Director
Key Largo Chambers of Commerce
103400 Overseas Highway
Key Largo, FL 33037
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19. This agreement takes effect on the date of the signature of the last party to sign.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorizedi~presentative .
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~t" \/,~YL KOLHAGE, Clerk
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Deputy Clerk
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(SEAL)
Attest:
By
Date:
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BOARD OF COUNTY COMMISSIONERS
OF MONR OUNTY, FLORIDA
KEY LARGO CHAMBERS
OF COMMERCE
BY~J\Anl~ {2)~A Aw
, Executive Director
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EXHIBIT A
DEPARTMENT OF THE ARMY PERMIT
Permittee: MONROE COUNTY BOARD OF COMMISSIONERS
Permit No. 199502550
Issuing Office: U.S. Army Enqineer District, Jacksonville
NOTE: The term "you" and its derivatives, as used in this permit,
means the permittee or any future transferee. The term "this
office" refers to the apprcpriate district or division office of
the Corps of Sngineers having Jurisdiction over the permitted
activity or the appropriate official of that office acting under
the authority of the commanding officer.
You are authorized to perform work in accordance with the terms
and conditions specified below.
Project Description: Scuttle a surplus U.S. Navy ship on the
sandy'sea bottom. A 510-foot long and 80-foot high ship will be
scuttled in an approximately 1000-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 under 40 feet of 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 Ocean, approximately 5
nautical miles offshore from Key Largo, Key Largo, Monroe County,
Florida. Latitude 25004'18"N., Longitude 80018'72''W.
Permit Conditions:
General Conditions:
1. The tlme limit for completing the work authorized ends on
~. If you find that you need more time to complete
the authorized activity, submit your request for a time extenslon
to this office for consideration at least one month before the
above date is reached.
t:xnlOlt A
2. You must maintain the activity authorized by :his nermit i~
good condition and in conformance with the terms and c;~diti0n3
of this permit. You are not relieved of chis ~equ~rement if YOU
abandon the permitted activity, although you rray r-:ake a '3':"Jd~
faith transfer to a third party in compliance with General
Condition 4 below, Should you wish to cease to main~ain the
authorized activity or should you desire to abando~ it without ~
good f~ith transfer, you must obtain a modificaeicn of chis
permi t from this office, which may requir.::: res~orat ion of t:-.e
a:t'ea.
3, If you a~scover any previously unknown historic or
archeological remains while accomplishing the act: i vi ty a'J.t:wri zed
by this permit, you must immediately notify this office ~f what
you have found. We will initiate the Federal and state .
coordination required to determine if the ~emains warra~~ a
recovery effort or if the site is eligible fer lis~ing in che
National Register of Historic Places.
4. If you sell the property associated with tbis perroi!:, 'leu
must obtain the signature and mailinq address of che new owner ~n
the space provided and forward a copy of the permit to t~is
office to validate the transfer of this a~thor~zatiQn.
5. If a conditioned water quality certification cas been lssued
for your project, you must comply with the conc:t:cns specified
in the certification as special conditions to this permit. For
your convenience, a copy of the certification :,s3.t::ach.;c. :.f it
contains such conditions.
6. You must allow representatives from this office to ins~ect
the authorized activity at any tirr.e deemed nec~ss.;.r'l to ensu~e
that it is being or has been acco~plished in accorc3nce with the
cerms and condi t.ions of your permi t .
Special Condition.:
The pe~itt.. agree8 to the following special conditions:
1. The use of' explosive. shall be limited to controlled
"burningft for the purpose of ereating hol.. in int.rior
bulkheadfs in order to flood interior compartments, and small
charge. in order to create holes of about a-inch diameter in the
very bottom of the .hip. U.. of the8e explo.ives will be limited
to interior compartments sealed from diver access below the main
deck and to the bottom hull o~ the ship.
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Exhibit A
2. The permittee agrees that mAterials used for artificial reef
construction will consist only of the surplus u.s. Navy ship
specified in the project desoription.
3. The permittee agre.s to notify the Florida Reys National
Marine Sanctuary when the ship has been preparea and is ready for
transport to the site so that & representative at thei= option
can inspect the ve.sel.
4. The per.mitt.. agr... to notify the Florida Keys National
Marine Sanctuary when the vessel is to be transported and sunk on
the site 80 that, at their option, a representative can be
present to help insure the proper placement of the struoture.
S. The per.mittee agrees to adhere to all special conditions of
the DA General Permit SAJ-SO for ArtificiAl Pishing Reefs and
Pish Attraotor., i..ued on JaAuary 19, 1995, will be included in
the permit.. When a discrepancy exists between the
SAJ-50 speoial oondition. and the rest of this permit instrument,
the per.mit instrument will be followed preferentially.
6. The precise planned position ~or the sinking shall be
surv.y.d prior to the sinking and at. least 2 marker buoys, ~irmly
attatched to the bottam, will be establish.d to mark the forward
extent and aft extent of the v....l po.ition.
7. To as great an ex~ent as po.sibl., the v.sa.l shall be
seuttl.d betw..n th... 2 buoy. during favorable curr.nt ~nd a.a
conditions. If the final anchored position prior to sinking
4.viat.. ~rom the survey.d position the modified position shall
be surveyed and a new set of for. and aft buoys eetablished.
8. A second tugboat i. reoommend.d to assist with the final
positioning and deployment of the anohorsso that the veesel may
be scuttled in the planned position.
9. All .lem.nt. in eh. d..cription of work shall b. adhered to.
Any unforseen modifications to the description of work that are
deemed neces.ary, shall be ole.red through the Florida Keys
National marine Sanceuary.
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Exhibit A
Further Information:
1. Congressi,:)nal Jl..uthorities: Y~'u have bec~~ authc~";.zeci ;:'0
undertake the activity described above ~ur2uant tc:
(X) Section 10 of the Rivers and Harbors Ace of 1899 (33
U.S.C. 403).
Section 404 cf the Clean Water Act /33 D.S.C. 1244)
( Section 103 of the Marine Protect~on, Resea~c~ a~d
Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. T~is permit does not obviate the need to oe,t3.in e.t.ho:r
Federal, state, or local authori~acions re~uir~d by law.
b. T~is permit does not grant any property rights or
exclusive privileges.
c. This permit does not authorize any injury to the prcperty
or rights of others.
d. This permit does not authorize interference wi~h any
exist~ng or proposed Federal projects.
3. Limits of Federal Liability. !n issuing this perm~t, che
Federal Gover:nment does not assume any liability fer tr.e
following:
a. Damages to :he permitted project or uses thereof as a
result 0:: other permitted or unpermitted activities cr fre'!",'l
natural causes.
b. Damages to the permitted project or uses tharecf as _
result of current or future activities u~der:aken bv or O~ behalf
of the United States i~ the public interest. -
c. D~~ages to persons, property, or ~o ether peL~~t~:d ?~
unpermitted activi~ies or structures cause1 by ~he ac~ivi:y
authorized by this permi~.
d~ Design cr constr~ction deficie~cies assQcia~ed wi~h the
per:nitted work.
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Exhibit A
e. Damage claims associated with any ~ucu=e mcdi~icat~~~,
.suspew=;i.or~, (~r revocation of this p@rm.i.:.
4. Reliance on Applicant's Data: The deeer:nirl.;ttior: cf ':his
offic~ that issuance of this permit is not c.or:~rary ':0 the p~blic
interest was made in reliance on the inforrnat~0n yc~ p~ovijed.
5. Reeval;.lation of ?ermit Decision. This cf::ice :-.~ay ~o;e'J'a::'uate
its decision on this permit at any time the circu~stances
warrant. Circumstances that could require a reeval~ation i~clude,
but are not limited to, the followin3:
a. You fail to comply with the terms and cond~tions of chis
permit:..
b. T!1e information provided by you in supl'ort l,f YOl...r p~rrr.it.
application proves to have been false, incomplete, or ~naccurate
(see 4 above) .
c. Significant new information surfaces which ~his office did
not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination t~at it is
appropriate to use the suspension, mcdificaticn, and revoca~i~~
orocedures contained in 33 CFR 32:.7 or en:orce~ent ~ro~~dures
such as those contain~d in 33 CFR 326.4 and 326.5. ?he ~e:erer.ced
enforcement ~rocedures provide for the issuance of an
administrative order requiring you comply with the terns and
~onditions of your permit and for the initiation of legal act~on
where appropriate. You will be required to pay for any c~rrec:i'l'e
measures ordered by this office; and if you fail to comply wi:h
such directive, this office may in certain situations (such as
those specified in 33 CFR 209.170) accomplish tne corre~~ive
meas~res by ccntract or otherwise and bill you for ~he =ost.
6. Extensions. General condition 1 establisb.es a time ~imit fQr
the completion of the activity authorized by this permit. ~~less
there are circumstances requiring either a prompt cOffipletio~ of
the authorized activity or a reevaluatior. of the ;~blic inte~est
decision, the Corps will normally give favorable ccnside~ati~n t)
a request for ar. extension of this time limit.
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DEPARTMENT OF THE ARMY
. _ .. _ '. JACKSONVillE DISTRICT CORPS OF ENGINEERS
P. O. BOX 4970
JACKSONVillE, FLORIDA 32232-0019
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AEP\. Y TO
Regula~~~~ivision
General Permit
CESAJ-50
JAN. 19. 1995
SAJ-SO
ARTIFICIAL FISHING REEFS AND FISH ATTRACTORS IN FLORIDA,
PUERTO RICO AND THE U.S. VIRGIN ISLANDS
Upon recommendation of the Chief of Engineers, pursuant to
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
and Section 404 of the Clean Water Act of 1977, general authority
is hereby given to place suitable materials for the purpose of
constructing artificial fishing reefs and fish attractors in the
State of Florida, the Commonwealth of Puerto Rico, and the U.S.
virgin Islands. This General Permit does not authorize the
placement of materials for live rock aquaculture.
Special Conditions:
1. Materials authorized by this general permit include concrete
and steel culverts, Army tanks and steel hulled or ferro cement
vessels (without engines), construction-grade aluminum alloys and
ferrous metals such as bridges, concrete blocks, slabs, natural
limestone boulder size rocks, etc.,_and similar material.
Materials are to be selected to avoid movement of reef materials
caused by sea conditions or currents and are to be clean and free
of asphalt, creosote, petroleum, other hydrocarbons, toxic
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 tires may be used unless split and substantially
embedded in concrete. Also prohibited are household appliances
such as refrigerators, freezers, ranges, air conditioner units,
washers, dryers and furniture, boat molds, dumpsters, PVC and
fiberglass materials (unless specifically designed and
constructed for reef or fish attractor purposes), trailers,
vehicle bodies, fuel storage tanks, etc. Such prohibited
materials will require processing by individual permit
application to be used for artificial reef construction.
2. The permittee will notify the U.S. Army Corps of Engineers
(nearese field office), the U.S. Coast Guard (nearest station),
the Florida 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 and Environmental Resources (Puerto Rico). Notification
should be no less than 5 working days prior to departure of the
vessel to allow for inspection of the reef nourishment material.
The notification will include the point of departure, types of
materials to be used for reef construction, and a point of
contact at the departure site.
Exhibit A
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3. The permittee, or designated agent, will prepare and present
to Federal or State officials, upon request, and keep on board
the vessel used to transport reef material, an original manifest
that contains an itemized list of all the materials on board that
are to be used as reef material.
4. Any vessel used as artificial reef material will have all
floatation 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 artificial reef. The
vessel will have "reef material" painted in a visible and
appropriate location of the vessel.
5. 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 accomplished during daylight hours, Monday
through Friday'only, unless prior approval is granted by the
Corps of Engineers and the U.S. Coast Guard.
6. The permittee will notify the U.S. Coast Guard Station
(nearest station), the. Florida 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 and Environmental
Resources (Puerto Rico), of the departure 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.
7. 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 reefs or fish attractors shall be authorized by
this permit which would, in the opinion of the Corps of
Engineers, constitute a hazard to shipping interests, general
navigation, or military restricted zones.
9. No authorization is granted by this permit for the
construction of artificial reefs or fish at tractors in known
established. shrimp, fish and shellfish trawling areas, unless in
the opinion of the Corps of Engineers such construction would not
constitute a hazard to those trawling activities.
10. No construction shall be initiated unless and until all
necessary local, State and/or other Federal agency authorizations
are granted.
Exhibit A
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11. Marking of the artificial reef or fish attractor, 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 authorization is granted by this permit for the
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 National Park, Pennekamp State Park, the two Buck
Islands Reefs (Virgin Islands), The Florida Middle Grounds (that
area bounded by a line beginning at Point A
(latitude 28042.5' N., longitude 84024.8' W.), proceeding due
east for approximately 7.4 nautical miles to Point B
(latitude 28042.5' N., longitude 84016.3' W.); then proceeding in
a southeasterly direction for approximately 34.6 nautical miles
to Point C (latitude 28011' N., longitude 84000' W.), then
proceeding due west for approximately 7 nautical miles to Point D
(latitude 28011' N., longitude 84007' W.); then proceeding in a
northwesterly direction for approximately 22.3 nautical miles to
Point E (latitude 28026.6' N., longitude 84024.8' W.); then
proceeding due north for 15.8 nautical miles to origin at Point
A, the Oculina Bank (that area on the East Coast of Florida
bounded by latitude 27030' N. to latitude 27053' N. and
longitude 79056' W. to longitude 80~0' W.), national historic
sites, or other Federal, Commonwealth, 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, fresh water grasses, or
macroalgae, coral reefs, live bottom (areas supporting dense
growth of sponges, sea fans, soft corals, and other sessile
macroinvertebrates generally associated with rock outcrops) ,
oyster reefs, scallop beds or clam beds.
'- .;
14. Following expiration of the initial 5-year construction
authorization, additional material may be placed on the site for
a maximum ,of 5 additional years for rehabilitative or
renourishment purposes. The permittee must present documentation
concerning the need for rehabilitation. Such rehabilitation is
subject to the approval of plans and materials by the Corps of
Engineers. Each time a reef site is nourished, the permittee
will prepare a report within 30 days after the reef deployment,
to include the type and amount of materials used in the
nourishment, method for cleaning the materials if necessary,
where the materials were placed, and the configuration, including
height of the material after placement. A copy of the report
will be submitted to the State of Florida, Department of
Environmental Protection, Office of Fisheries Management and
Exhibit A
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Assistance Service, Tallahassee; the U. S. Fish and wildlife
Service, Panama City; The National Marine Fisheries Service,
Panama City; the Environmental Protection Agency, Atlanta; and
the U.S. Army Corps of Engineers, Jacksonville District;
additionally in the Virgin Islands and Puerto Rico, the
Department of Planning and Natural Resources (U.S. Virgin
Islands), and the U.S. Fish and Wildlife Service and Department
of Natural Resources (Puerto Rico) .
15. No work shall be performed until after the owner or operator
of any marked utilities in the area of the structures has been
notified.
16. No work authorized under this permit may adversely affect
the continued existence of an endangered species.
17. The District Engineer reserves 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 to suspend or void an issued authorization when and where
it is felt appropriate.
18. Prior to start of construction of any artificial reef/fish
attractor, the applicant must present to the Corps proof of
unencumbered title, (bill of sale, affidavit, as a gift, or
other) to all materials used for the construction or
rehabilitation of the artificial reef/fish attractor, and the
applicant or insurer must show proof of financial responsibility
(insurance, assets, sponsorship, 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 with all of the terms and conditions of the permit and
the National Fishing Enhancement Act of 1984.
19. No work will be authorized by this general permit until
suitable plans and drawings have been provided and approved by
the U.S. Army Corps of Engineers.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
~II;~~
Colonel, Corps of Engineers
Commanding
Exhibit A
Joint Application for Works in the Waters of Florida
Applicant Monroe County Commission
Project Artificial Reef off of Key Largo
Date March 31, 1995
U. S. Army Corps of Engineers
Application # 199502550(IP-EJ)
Page 1 of 5 Dated 13 May 1995
10. Description of Work
A surplus Navy vessel will be used as an artificial reef, placed about 5 nautical miles offshore of Key
Largo, Florida,
a) Vessel The vessel Spe1gel Grove is to be obtamed by the State of Florida from the US
Maritime Administration for use as an artificial reef, This vessel is a Navy LSD with a cavernous
interior hold for amphibious vehicles. It is 510 feet in length, with an 84 feet beam, and a vertical
height from keel to stack of 92 feet. The mast and approximately 12 feet of the stack will be
removed so that total height will be 80 feet. Pictures of the vessel are included.
b) Initial preparation: The vessel will be cleaned of all pollutants (petroleum products and PCBs)
and loose or floating materials (wood. plastic, fiberglass insulation, asbestos) as specified by the
U.S, Coast Guard, the U,S. Environmental Protection Agency, the National Oceanic and
Atmospheric Administration. and the State of Florida. Colonna's Shipyard in Norfolk Virginia will
. be hired to do this work. C.olonna's will also prepare the vessel to the maximum extent possible
for diving safety, including: sealing doors to prevent access by inexperienced divers to areas
below the main deck; removing doors on other decks; and removing cables which may pose a
danger to divers. A copy of a letter from Colonna's is attached which describes they type of work
they would do. No alterations will be made that adversely affect the seaworthiness of the vessel
for towing to the site. Representatives of the US Coast Guard and National Oceanic and
Atmospheric Administration will be invited to conduct a preliminary inspection of the vessel before
the clean-up is completed by Colonna's
c) Vessel transportation: The vessel will be towed from Norfolk, Virginia to Key Largo, Florida, by
the 949th Transportation Company (Floating Craft) U,S, Army Reserve. The ship will be
positioned on site with two bow anchors deployed to seaward. If necessary, a third anchor will
be deployed from the stern to hold the ship during sinking to ensure that it settles at the selected
site.
Site: Several sites were considered between French Reef and Elbow Reef. Site inspections
were conducted in July, 1994 and February 1995, One site was chosen as the best candidate
based on its location relative to other reefs. size and shape of the site, and depth (see 11a,
below). The seafloor at this site is sand with no coral communities. hard bottom communities. or
seagrass areas John Halas of the Florida Keys National Marine Sanctuary assisted in selecting
the site and conducting the site inspection. A letter from him with a more detailed site description
IS enclosed.
The site is approximately one half mile south of the #8 nun-shaped buoy between the Benwood
wreck an.d Grecian Rocks. A large. fan-shaped area of sand extends'through the hardbottom
reef line at this location. The landward end of the site IS located at N250 04' 23", W800 18' 92"
and the water depth is about 90 feet mean low water, The site extends seaward for about 1000
feet to N250 04' 04", W800 18' 52" in 125 feet of water, The center of this line is at N250 04' 18",
W800 18' 72" Plans are to try to situate the vessel in the seaward portion of the site so that the
superstructure, which is forward of the midpomt of the vessel, is m as deep of water as pOSSible
Minimum clearance above the highest point is estimated to be between 35 and 45 feet.
The site chosen is within a .prohibited area" established under the Florida Keys National Manne
Sanctuary and Protection Act. These areas are to be avoided by tank vessels and vessels
greater than 50 meters' in length This, along with at least 35 to 45 feet of water above the vessel
when placed. should ensure that a hazard to navigation is not created.
Exhibit A
d) Other preparation: Personnel from the 949th, the U.S. Navy Experimental Diving Unit from
Pensacola, Florida, and local businesses will complete the remaining items of preparing the
vessel for sinking and diver safety.
Sinking: Following inspection by the U,S Coast Guard and representatives of the Florida Keys
National Marine Sanctuary, the vessel will be scuttled on site. Use of explosives to sink the
vessel is nor planned _ cutting and flooding methods will be used. Holes cut in the hull will have
metal grates welded over them to prevent diver entry. The intent is to sink the vessel upright.
e} Monitoring: To monitor the effect of the artificial reef on the surrounding environment, scientists
from several government agencies and universities will be studying growth of coral, algae, and
sponge on the artificial reef, and. the effect of the reef on pelagic and reef fish populations, Also,
long term photographic analysis of the vessel will be conducted by a firm to be selected. The
analysis will consist of a series of photographs and video footage taken at regular intervals of the
same areas. The reSults wijl be cataloged for future use. and will be made available to everyone
11. Turbidity, Erosion, and Sedimentation Controls Proposed
To minimize any possible vessel shifting which might cause sedimentation problems:
a) The vessel will be placed on the bottom in approximately 110 to 125 feet of water. This depth
has been chosen to place the vessel substantially deeper than 80 feet, which is the maximum
depth at which vessels have been known to shift during storms, including hurricanes Hugo and
Andrew. This depth is also within the 130 feet maximum limit currently accepted for sport diving,
minimizing the potential of diving related accidents.
b) The vessel will be oriented with the bow to seaward to the maximum extent possible in order to
present the smallest profile to wave and surge forces that could push the vessel toward a natural
reef.
c) Two additional anchors will be deployed from the stem following the sinking, so that the vessel is
secured in place by a total of four anchors,
u S. Army Corps of EngineerS
Application ~ 199502550(IP-EJl
page 2 of 5 Dated 13 May 1995
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Page 4 of 5 Dated 13 May 1995
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APPlication # 199502550(IP_EJ)
Page 5 of 5 Dated 13 May 1995
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I'"a: L~, '96
9: 15 "10. CJC; Exhibit A
Your $i.g:r..ature be low, as permit teE: I incUcsl:.o!$ chat :'ou accoe:pe I'\nd
agree to comply with the tu'me and ,-:ol...citivns of. t~is pel~",i.t,
?J} Jl,u I- n~
DATE)
T
permi~ becomes ~ffective when the Federal official,
to 10t fo~ the Secretary of the ./U'my I t.a.s s1.gnec
MAR 2 B 196
(DATE)
When ehe seructures or work authorized by this permit are still
in existence at the time the property is transferred, the terms
and conditions 0: this permit will continue to be binding on the
new owner(s) of the property, To validate the transier ~f this
permit and the aesociated liabilities associated with compliance
with its terms and co~ditions, have the transferee sign and date
below. .
(TRANSFEREE-SIGNAtURE)
(DATE)
(NAME-PiUNTSD)
(ADDRESS)
(C1TY, STATE. AND ZIP CODE)
I'i
MONROE COUNTY, FLORIDA
ARTIFICIAL REEF PREPARATION AND TRANSPORT AGREEMENT
EXHIBIT B - INSURANCE REQUIREMENTS
During the tasks specified in paragraphs 2a and 2b, KLCC shall obtain or provide evidence of the
following insurance with the County named as an additional insured:
Commercial General Liability
General Liability insurance, with any exclusions relating to watercraft removed, provided on an
"Occurrence" basis with limits of no less than $1 million and coverages to include:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personallnjury Liability
. Expanded Defmition of Property Damage
Specialized Marine Insurance shall be acceptable, if the protection provided is no less restrictive
than specified above,
Professional Liability
Professional Liability insurance with limits of no less than $1 million per oc<:urrence and $2
million annual aggregate, which will respond to damages resulting from any claim arising out of
the perfonnance of professional services or any error or omission of the consultant (as specified in
2b) arising out of work governed by this agreement.
During the tasks specified in paragraphs 2d and 2e, KLCC shall obtain or provide evidence of the
following insurance with the County named as an additional insured on all policies, except for
Workers' Compensation.
Commercial General Liability
General Liability insurance, v.1th any exclusions relating to watercraft removed, provided on an
"Occurrence" basis with limits of no less than $} million and coverages to include:
· Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Persona) Injury Liability
. Expanded DefmitJon of Property Damage
Specialized Marine Insurance shall be acceptable, if the protection provided is 110 less restrictive
than specified above.
Pollution Liability Insurance
Pollution Liability insurance which will respond to bodily injury, property damage, and
environmental damage caused by the removal of hazardous material as specified by this agreement
with limits of 00 less than $1 million per occurrence,
If coverage is provided on a claims made basis, an extended claims reporting period of one (I) year
will be required.
Workers' Compensation
Workers' Compensation insurance with teons, conditions and limits sufficient to respond to all
state and federal statutes.
In addition, Employers' Liability insurance shall be obtained with limits of not less than:
$] ,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy linlits
$1,000,000 Bodily Injury by Disease, each employee
During the tasks specified in paragraph 2h, KLCC shall obtain or provide evidence of the following
insurance with the County named as an additional insured on all policies, except for Workers'
Compensation.
Commercial General Liability
General Liability insurance, with any exclusions relating to watercraft removed, provided on an
"Occurrence" basis with limits of no less than $1 million and coverages to include:
. Premises Operations
. Products and Completed Operations
. Blanket. Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
Specialized Marine Insurance shall be acceptable, if the protection provided is no less restnctive
than specified above.
Workers' Compensation
Workers' Compensation insurance with tenns, conditions and limits sufficient to respond to all
state and federal statutes. '
In addition, Employers' Liability insurance shall be obtained with limits of not less than:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee