05/16/2001 MOU
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 2'Ri~5M 0 RAN DUM
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
DATE:
May 18, 2001
TO:
Timothy McGarry, Director
Growth Management Division
Pamela G. Hanco~
Deputy Clerk (J
FROM:
At the May 16, 2001, Board of County Commissioner's Meeting the Board granted
approval and authorized execution of a Memorandum of Understanding and Certificate of
Transfer between Monroe County and the Florida Fish and Wildlife Conservation Commission
regarding the acquisition of the USS Spiegel Grove from the United States Department of
Transportation for use as an artificial reef
Enclosed are for duplicate originals, executed on behalf of Monroe County, for your
handling. Please be sure that" the fully executed "Clerk's Original" is returned to our office
as soon as possible. Should you have any questions please do not hesitate to contact this office.
Cc: County Administrator v./o document
County Attorney
Finance
File/
CLERK'S ORIGINAL
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.) ~1220 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. ~1220a specifies the terms and conditions
under which such title may Re 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. ~1220, 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. ~1220(a); and
WHEREAS, on March 4, 1996, on behalf of the Monroe County Board
of County Commissioners (County), the Florida Department of
Environmental Protection (DEP) 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 July I, 1999, FWCC was established; and
WHEREAS, effective on July I, 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 I, 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. ~403; 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, 11~ 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 7~ 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
3
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 MARAD.
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 MARAD, 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 MARAD, 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.
8
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 cl~im 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), 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 not 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. 0 0 <::) ~
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parties have caused this agre~~ ~ 6
duly-authorized signatories o~~p-e ~y 6
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Approved as to Form and lt~~i tW g
BY: ~ ~r. m ~ fi
IN WITNESS WHEREFORE, the
be executed through their
and year last signed.
BY:
WCC Attorney
DATE: 1Y1~ ell) adO/
~o TY.OF MONROE
B RD OF COUNTY CO
. ~
Mayo jChairman
Approved
:IONERS ~
~Y:
Legality
DATE: 1117 I~ Z.~QI
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 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, 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
conditions contained in the FWCC-County Memorandum of Agreement.
ESS WHEREOF, the Board of County Commissioners of Monroe
lorida, have caused this Notice of Acceptance of Title
..~ executed this/~day of W7 ' 2001.
~
"
BOARD OF COUNTY COMMISSIONERS
~OE COUNTY, FLORIDA
By: ~r~ai~<s-d
-
Date:
11117 I/', 2-o~ I
2
p":
Exhibit B
.,,\
Contract No. MA-13520
CERTIFICATE OF TRANSFER
FROM
UNITED STATES OF AMERICA
TO
STATE OF FLORIDA
WIT N E SSE T H:
WHEREAS, Public Law 92-402 dated August 22, 1972, as amended by Public
Law 98-623 dated November 8, 1984, authorizes the Secretary of Transportation to
transfer to a State, without consideration, all right, title and interest of the UNITED
STATES OF AMERICA in and to any obsolete vessel which, but for operation of Public
Law 92-402, as amended, would be designated by the Secretary of Transportation for
scrapping, if the State intends to sink such vessel for use as an offshore artificial reef for
the conservation of marine life;
WHEREAS, the Secretary of Transportation has delegated this authority to the
Maritime Administrator;
WHEREAS, the STATE OF FLORIDA filed application dated March 4,1996
(Application), for the obsolete vessel SPIEGEL GROVE (LSD-32) (Vessel) to be sunk
off the coast of Florida as an artificial reef for the conservation of marine life;
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WHEREAS, the Maritime Administrator has found that the use of the Vessel, as
proposed by the STATE OF FLORIDA, will not violate any Federal law, contribute to
degradation of the marine environment, create undue interference with commercial
fishing or navigation, and is not frivolous; and
WHEREAS, the Maritime Administrator has authorized transfer of the Vessel,
NOW, THEREFORE, in consideration of these premises:
I. THE UNITED STATES OF AMERICA represented by the Secretary of
Transportation, acting by and through the Maritime Administrator, as the sole owner of
the Vessel hereinabove identified, delivers the Vessel "as is" at the James River Reserve
Fleet, Fort Eustis, Virginia, and transfers all right, title and interest of the UNITED
STATES OF AMERICA in and to the Vessel upon tie-up at the designated remediation
site in Portsmouth, Virginia, to the STATE OF FLORIDA, at no cost to the Government,
and the STATE OF FLORIDA accepts the Vessel subject to the foregoing and the
following conditions:
1. The Vessel shall be utilized and maintained by the STATE OF FLORIDA
only for the purpose stated in the Application and, when sunk at the site
indicated in the Application, shall be charted and marked as a hazard to
navigation;
2. The STATE OF FLORIDA shall secure any licenses or permits and meet
any requirements, whether or not herein specified, by the Environmental
Protection Agency (EP A), United States Coast Guard, Department of
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Interior's Fish and Wildlife Service, National Oceanic and Atmospheric
Administration, U. S. Army Corps of Engineers, and any other applicable
Federal law;
3. The STATE OF FLORIDA shall assume all responsibility, and hereby
acknowledges its duty to comply with all environmental laws 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 completed, the waste removal
contractor and shipowner must certify to EP A Region 3 that these
activities were completed consistent with the approved work plan.
EP A will verify via inspections that said work was completed
adequately.
(c) The waste removal contractor must satisfactorily remove regulated
asbestos-containing material from the Vesse!. The asbestos removal
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activities are regulated under the Asbestos National Emission
Standards for Hazardous Air Pollutant. The oversight of this program
has been delegated to EP A Region 3;
4. The STATE OF FLORIDA shall comply with the following U.S. Coast
Guard requirements:
(a) All oil, petroleum products and hazardous materials must be
removed from the Vessel's tanks, engines, pipes, bilges, etc., to
ensure that no pollutants enter the water (steam cleaning is
preferred).
(b) All watertight doors, hatches, bottom tanks covers, etc., in the
Vessel must be removed or welded open.
(c) Any items that may float free when the Vessel sinks must be
removed.
(d) All deck area, bilge area, engine spaces and cargo spaces in the
Vessel must be broom swept.
(e) In accordance withMARPOL regulations, all plastic must be
removed from the Vessel.
(t) 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 ofthe Vessel, shall provide
the Maritime Administration with a copy of the certificate from the EP A
Administrator that the proposed use of the Vessel will be compatible with
water quality standards or other appropriate environmental protection
requirements.
n. In the event that one or more of the terms and conditions contained in
Paragraph I herein are not satisfied, the UNITED STATES OF AMERICA may, at its
option, (i) revoke the title granted pursuant to this Contract, or (ii) continue it under such
terms and conditions as the UNITED STATES OF AMERICA may prescribe.
m. If this Contract is revoked for any reason, the STATE OF FLORIDA shall
be liable to the UNITED STATES OF AMERICA for any and all monies received on
materials removed from the Vessel, the cost to return the Vessel to appropriate condition
for long-term storage, and the cost to transport the Vessel to a storage site approved by
the Maritime Administration.
IV. The UNITED STATES OF AMERICA shall have the right to inspect the
Vessel transferred pursuant hereto, prior to its sinking, to ensure compliance by the
STATE OF FLORIDA with all terms and conditions contained herein. The STATE OF
FLORIDA shall inform the UNITED STATES OF AMERICA when the Vessel is ready
to be sunk and the amount of ferrous and non-ferrous metal removed from the Vessel at
that juncture.
V. The STATE OF FLORIDA shall, to the extent it may legally do so,
indemnify and hold harmless and defend the UNITED STATES OF AMERICA and its
agents and employees against any and all claims and demands (including costs and
+
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. .
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 connected with the Vessel including handling or disposal of
hazardous, toxic or regulated materials or wastes on or removed from the Vesse!.
IN WITNESS WHEREOF, the parties hereto have executed this Contract, in
quadruplicate, on the dated indicated herein and effective as of this
day of
2001.
(Acknowledgement
Appended)
UNITED STATES OF AMERICA
SECRETARY OF TRANSPORTATION
MARITIME ADMlNISTRATION
Date:
By:
JOEL C. RICHARD
Secretary
Maritime Administration
(Acknowledgement
Appended)
STATE OF FLORIDA
Date:
By:
APPROVED AS TO FORM)
Assistant Chief Counsel )
Maritime Administration )
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7
ACKNOWLEDGEMENT
CITY OF WASHINGTON )
) ss:
DISTRICT COLUMBIA )
I, the undersigned, a Notary Public in and for the District of Columbia, do hereby
certify that Joel C. Richard, who executed the foregoing Contract No. MA-13520, is
personally known to me to be the Secretary of the Maritime Administration, Department
of Transportation; that he personally appeared before me in the said District of Columbia;
that he is the person who executed the aforesaid Contract No, MA-13520 and
acknowledged to me that he executed the same in his aforesaid official capacity; and that
the same is the free and voluntary act and deed of the UNITED STATES OF AMERICA,
represented by the SECRETARY OF TRANSPORT A TION, acting by and through the
ACTING DEPUTY MARITIME ADMINISTRATOR, and of himself as said official of
the MARITIME ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION,
for the uses and purposes expressed therein.
day of
2001.
Given under my hand and seal this
(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.
day of
2001.
Given under my hand and seal this
(SEAL)
Notary Public
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~. i
iA .._~
~
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT COItPS OF ENGINEERS
MIAMI REGULATORY OFFICE
11420 NORTH KENDALL DRIVE, SUITE 104
MIAMI, FLORIDA 31176
Exhibit C
\.
Regulatory Division
South Permits Branch
1995025S0{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
'--./
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County of Monroe
'-._JI'/
p..nIlIt'tInmtt tJI. Marina RMOIlI'Ce8
2798 overseas Highway. SUite 420
Marathon, Florida 33050
V oice: (~OS) 289 2507
FAX: (305) 289 2544 or '2536
Emul: garrettg@mail,stlW!.fl.us
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Board of C'..ountv C'~lflllinnen
Mayor Shirley PJeeman; 'Pisl. 3
Mayor Pro Tem George Neugent., Dist. 2
CommiwODel' Wilhelmina Harvey. >>ist. 1
Commissioner NDnl Williams, Dist. 4
Commissioner Mary Kay Reicb, DiIt. S
.,
,
6 July 2000
\
Mr. Chuck Schnepel
U.S. Army Corps of Engineers
11420 N. Kendall Dr., Suite 104
Nfiaan,~orida 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. This 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
ArtReefsSpeigelOlO
CY712t$1OO 2:40 PM
<.;ounty 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 Commissioners
Mayor Wilhelmina Harvey, Dist. 1
Mayor Pro Tem Shirley Freeman, Dist. 3
Commissioner George Neugent, Dist. 2
Commissioner Nora Williams, Dist. 4
Commissioner Mary Kay Reich, Dist 5
9 June, 1999
Chief Hall:
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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 fmd 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
Speigcl060999
06/09/99 12:15 PM
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DEPARTMINT OF THE ARMY
JACKSONVU! DISlNCT CORPS 01 ~
P. O. _4171
JACICSON'II..LE, PLOM2A 3U3IoCIOtt
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Construc~~on-Operations
Regulatory Branch
South Permits Section
199502550 (IP-EJ)
Division
MAR 2 3 1996
Mr George Garrett
Monroe County Board of Commissioners
Monroe Councy 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~~ction site. Work may begin immediately but the appropriate
Regulatory Section Chief as representative of the District Engineer
must be notified of:
a. The date of commencement of the work
o. The dates of work suspensions and resumptions if work is
suspended over a week, and
c. The date of final completion.
R@gulatory 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 stri~tly
adhered to. A copy of the pennit and drawings must be available a.t
the site of work.
IT IS NOT LAWFUL TO DEVIATE FROM
Tl:IE: APPROVED PLANS ENCLOSED.
Sincerely,
Bnclosures
Q~0~
Chief, Regulatory Branch
co III
..td8a ~NINNV1d
9CS6696 YVd CO:91 66/~O/SO
DEPARTMENT OF THE ARMY PERMIT
Permittee: MONROE COUNTY BOARD OF COMMISSIONERS
Permit No. 199502550
Issuing Office: U.S. Army Engineer District. Jacksonvllle
NOTE: Thc term "you" and its derivatives, as used in this permit.,
means the permittee or any future transfere~. Thl! tl!rtn "this
officcn refers to the appropriate di~trict or division office of
t:he Corps of Engineers having jurisdiction over the permitced
activity or the appropriutc official of that office acting under
the authority of the commanding offieer.
You are authorized to perform work in accordance with the ~erms
and conditions specified below.
Project Description: Scuttle a su~plus U.S. Navy ship on the
sandy sea bottom. A SlO-foot long and eO-foot high ship will be
scuttled in an approximately lOaO-foot long stretcn of sandy sea
bottom located in a restricted shipping area of the Florida Keys
established under the National Marine Sanctuary and Protl!c~ion
Act. The highest poine of the ship's superstructure will be
submerged under 40 feet of Sl!awater. The project is described on
the attached plans numb~red 199502550 (IP-EJ) in 5 sheets, dated
May 13. 1995.
)
Project Location: In the Atlantic Ocean, ~pproximately 5
nautical miles offshore from Key Largo, Key Largo. Monroe County.
Florida. Latitude 25004'1811N./ Longitude 80018'72''W.
P.r.mit Conditions:
General Conditions:
1. The tlme Ilmit for complecing the work authorized ends on
~__' If you find that you need more time to complete
the authori~ed activity, subrnlt your request for a time extension
to this office for consideration at least one mont.h befDre the
above date is reached.
tO~
. .Ld3Q ~NINN'YId
9CS~88~ YVd CO:9t 88/tO/SQ
2. ~ou must maintain the activity authori%ed by this pe1~it i~
good oondition and in confo~ance with the ~.rms and COhditions
of ~hi~ permi~. You are not reli@ved of this ~equirement if you
.b<<ndon the permitted activity, alepough yo~ ~ay ma~e a good
faith transfer to a third party in compliance with Ge~aral
Cond1~ion ~ below. Should you wish to cea~e to maintain ~h~
authorized activity or should you desire to abandon it withcut a
good faith transf~r, you muet o~ta1n a modification of ~his
p.~.it from this office, which may requir~ restoration of ~he
area.
3. If you di3cover any previously unknown historic or
archeological rat:liLins while acc:cmpliBbing the 5.ct:ivit.y authorized
by this perm1t. you must immedia~ely notify this office of what
you have found. we will 1n1t1ate the Federal ana s~ate
coordination required to determine if tbe remaine warra~~ a
recovery efforc or if the site is e11g1ble for listing in the
National Register of Historic Places.
,'. If you sell the property al!ll!!lcciated with t.his permit., Y0l.1
must obtain the .ign.~ure and mailing aOdre~s of the new owner in
the .pac. provided and forward a copy of the permit ~o t.his
office to valid&t~ the transfer of thi. authorization.
5. If & conditioned water quality certif1caticn r.&S be~n ie3ued
for yo~r projact, you must comply with th& cond~tions spacified
in the certification as special conditions to this p.rmi~. F~r
your conveni.nc., a eopy of the certification ~a at~ach~d it it
contains such conditions.
6. You must allow representatives from th18 ottice to inspecr.
the authorized activity at any time d~emed nec~..&r/ to enau~.
that ie is Delng or has been ac~omplisheQ in accordance with the
term. and conditions of your permit.
Sp.~1.1 Condit!QD.t
The per.a1tt.. ~gre.. to ~. followiR9 .peeial con41t1oDS:
1. The us. of' ezplosive. .hell Q8 limited to controlled
wburniag8 for the purpo8e of c~..ting ho1.. in i~t.r~or
bulkh.adf. in order to flood int.r1or campa%tmentsI an4 small
eharg.. i~ order to create holes o! about 8-1neh dlam.t.~ in ~.
V.IT bottom. of the .Aip. v.. of tb... explQ.i"'.. will be liJll1 tell
to interior compartment. 88aled fram diver access below the main
deck aftd to the bottom hull o~ the .hip.
;2
so III
'.ld3Q ~NINNV'd
9CS~69~ YVd CO:91 66/tO/SO
2. The peraittee agree. that mater!... used for artificial reet
ccaaeruct10n will cgn.i.~ o~ly of t~e .u~pl~s U.S. Navy ~hip
spacified ~ ~he project d.acx1ptioA.
3. Tbe permittee agre.. ~g uo~~~y the F1ar1da Key~ N.t1o~al
M.riDs Sanctuary when the ship has been P~.p...d And is ready for
traAsport to the .ite so that a ~epr..ent.tive at their option
ca: 1~spect the ves..l.
t. The perm!tt.. agr... to noti:y the Plorida Key. National
Marin. Sanctuary when the ve.ulsl. .111 too he transportee! U1d 1Iu.n~ on
the .ita .0 ~at, a~ ~b.1r opt~Oft~ a representative caa be
prs8ent eo help i~sure the proper plaoement of the eeruoture,
5. The permittee ag~... to adhere to all special cond1tloas of
the nA ~.ral .e~t SAJ~50 fer Art1f1Q1al Fi.hing aeefl and
'ish At~r&otors, 1.aue4 OD J&Dua~ 19, 1'95, will be 1~clu4.4 1n
the p.ftlli.t. Wh8ll. cU.acZ'.paDcy exists betweeZl t:h.
SAJ-!O special c0A41tion. aDd ~e ...t gf this permie in.trumen~,
the per.m!t iD.t~t will be followed p~.f.rentially.
G. ~h. preci.. planned pC8itie~ to~ the slak!ng sh~ll be
.~ey.d ~~io~ to the .!nkiR~ aDd at le~et 2 mark_r DUOYS, fi~y
.t~.tC:Aed to tA. ~ottgm, yl1~ ~. e.~&b1i.h.d to mark the forward
e.x~ent. and aft. axt.ezlt of the v....l poeition.
1. To as great an estant .. po..iJ)l., the v....l shall be
scuttled betveeD the.. 2 Q~oy. 4~iDg favorable current and aea
coDCIit1oDe. If tAe li.nal IlJlchc~e4 l'o.1~1oll prior to lIinking
deviat.. fram the surveyed p081t10D t.he modified po.it1on shall
be eurveyed and a new set of fore aDd .~t buoys establish.d.
8. A lecond t~boat i. ~ec~ende4 ~o a..Lat with ehe tinal
po.itioning .nd deploym.Bt o! the &ACho~..o that th_ vesse1 may
b. 80uttled in the plaane4 po.lt!o~.
, . All .1__1:. in the cl..cr1pt.loD of work shall b. acihaz:ed. to.
Any unfo~.e~ mo41~1~a~~Oft. ~o ~h. d..criptton of work ~hat are
/' deemed nac...ary, shall be cleared through tho Florida Key.
lIat.ional mari~e Sanctu&Z'y.
3
90llJ
. J.d3G ~NINN'ld
9CS~68~ IVd CO:9t 66/tO/SQ
Further Information:
~. congressional Authorities~ You have been author~~ed to
~nder~ak. the activity described above p~rguant to:
(X) Section 10 of the River. and Haroors Act of 1e99 (33
U.S.C. 403).
/ ) Section 404 of the clean Wa~er Act (33 U.S.C. 1244).
( 1 Section 103 of the Marine Protection, Re~earct a~d
Sanctuaries Act of 1972 /33 U.S,C. l413) I
2. Limi~s of this authorization.
.. This permit does not obviate the need ~o O~~3in other
Federal, state, or local authori:aeions required by law.
b. This pe~1t does noe grant any property right3 or
exclusive privileges.
c. ThiA permit do.. not authcri~e any injury to th~ property
or rights of others.
d. This permit does not authorize interference wi~h any
existing or proposed Federal projects.
3. Limits of Federal ~iability. In i8.~1ng thi~ per~ic, ~he
Federal Government does noe assume any lia~ilicy for the
following:
a. O~~age6 to ~he permitted p=oject or u~es thereof as a
result of othe~ pet~iteed or unpermitted .ctiv~~ies or from
natural causes.
b. O~~age8 to ~he permitteQ project or ~sas chareQt as a
result of current or future activities undercaken by or O~ ~=half
of th@ united 2tate. in the public interest. .
c. n~~ages' to persons, property, or ~o othe~ pe~~~~t~d O~
w~permi~t.d a~tivi~i.s or structures cause~ by ~he ~c~ivi~y
authorized by this permit.
d~ Design or construction d@fici@~ci@8 associa~ed wi~h the
permi-:ced work.
4
LO III
'J.d3Q ~NIN.NVld
9CSZ69Z YVd CO:9T 66/tO/SQ
e. Oamage claims associated w~ch any futu~e m~ctificat~on,
susp.utllo..'l, or revocation of thia tJe!%"llli+:."
4. Reliance on Applicant's Data; The deeermination of =his
. office that issuanee of this permit is not contrari to the public
interest was made in reliance on the information yc~ p~ovide~.
~. Reevaluation of ~ermit Decision. This offi~e ~ay reevaluAte
its decision on this permit at any time the circumstances
warrant. C1rc~mstances that coula require a ree~aluation incluQe,
but are not limited to, the follcwingl
a. You fail to comply w1th the terms and condlcions of ~h1s
pe:rmit..
b. T::-te infortna.t:.ion provided by yo~ 10 support. of your p~rmit
application proves to have coen false, 1ncomplete, or inaccurate
(see 4 above).
c. Siinificant new information surfaces which this ottice did
noe eO~lider in reaching eae original public intere~t d@~i3ion.
Sucn a reevaluation may re.~lt in a 4eterm1nat1on t~at it is
app~op~iate to use ~he suspension, modification, anQ revocation
procedure. ,::ontained in :33 CFR 325.7 or enforcement prot:!!dures
such as those conta1ned 1n 33 CPR 326.4 and 3~6.5, ~h. r&:e~en~ea
en!oreemene ~rocedures provide for th. iSEuance of an
admini.tr~tive order requ1ring you comply with the ~e~~9 and
:onditions of your pe~t and for the initiation of legal act~on
where apprOpri&t8. You will be requir.~ ~o pay for any correc:ive
measures oraered by this office, ana if you fail to comply with
such directive, this office may in certain situat1cns (~uch as
those specified in 33 CFR 209.170) accomplish the correc~ive
measureS by contract or otherwise and bil~ you for the =ost.
6. Extensions. Ge~eral eonditio~ 1 establishes a t~me limit for
the completion of th. activity authorized by th1s permlt. ~r.less
there are circum.tances requiring eieher a prompt completio~ of
the authorized activity or 4 reevaluation of the ~~lic inter.s~
d.e~i!lion, the Corps will ncrmally give favorable ccnsiderat.icn t.:;,
a re~~est for an extensio~ of this time limit.
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'0,5/04/., 1~LO.3 FAX 2892536
/
PLANNING DEPT. _
III 18
- __. .,"""'......"'.""'.. I .",-,,,
Your .tgnacure below, ~. p.r~lt~e~1 incli=~~.. ~hat :ou acc.9~ ^n~
agree 1:.0 comply wit:h t:h. t.~rne anr.l r.:'or.cU ~j.c:.n. (;If. ti'!.ll pern\it.
~J) &vL~
'!'
permit bec=me. effective when the Federal c!ticial,
to aet !o~ the Secretary of ~h. Army, rAS 2igned
MAR2B1I9i
( OA"I'E'
When the .t%UC~U~. ~z work aucho~i2.d by this p.~\tt are '8eill
1n existence .~ the time the pro~.rty i. transferred, the t.rm.
and co~d1t~on. 0: I:.h~. permit w111 cont1n~. to be binding on the
new ownerCel of the prop~rty. To va114ac. tha tran8ier of this
~~1t and the ..,oci.ceo 1~ab111c1e8 &ssoc1ated with compliaace
with its terms and ~o:dition.. h.ve che tranBteree si~ and date
~eJ.ow.
{TRANS,2KEI-SIONATURE}
( OAT~)
CNAME- p~I!itTSr.n
(ADDRESS )
(CtTY. STATE, ~~ Z%9 CODE)
,.
05/04/99 18:03 FAX 2892536
PLANNING DEPT.
III 09
OEPAAlMENT OF THE ARMY
. ._ ._." JACKSONVI..L!. IJSlIIICT COWS 011 ENGINEEAS
P.0."4170 .
JACKSONYLLE. F1.0RmA 32232.oD1.
l~l..
11111"'-,",0
Regula~~ivision
General Permit
CgSAJ-SO
JAN. 19. 199.5
SAJ - 5 0
ARTXPIC~ PXSKrNG REEFS AND PISH ATTRACTORS IN VLORIDA,
PV!lRTO RIeO AND TBB tr. S. VIIlGIN ISLANDS
Upon recommendation of the Chief of Engineers, pursuant ~o
Section 10 of the Rivers and Harcors Aot of 1899 (33 D.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
construoting artificial fishing reef. and fish a~tractors in the
state of Florida. the commonwealth of Puerto ~ico, and the u.s.
Virgin Islands. This General Permit does not authorize tbe
placement of materials for live rock aquaculture.
"
",
<--<
SpeQial Condi~lon.1
~. Materials authori2ed by ~his general permit include concrete
ana steel culverts, Army tanks and steel hulled or ferro cement
vessels (without engines), construction-graae aluminum alloys and
ferrous metals suoh aa 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
substanoes. 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 subscantially
embedded in concrete. Also prohibited are household appliances
such .s refrigerators, freezers, ranges, air conditioner units,
washers, dryers and furniture, boat molds, dumpsters, PVC and
fiberglas. materials (unless specifically designed and
constructed for r~ef 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 construc~ion.
2. The permittee will notify the u.s. ArmY Corps of Engin@ers
(nearest field office), the U.S. Coast Guard (neare.t station),
the Florida Marine Patrol (nearest station), additionally in the
Virgin Islands and Puerto Rico, the Department of Planning and
Natural Resources (O.S. Virgin Islands), and the Departmene of
Natural and Environmental Resources (Puerto ~ico). No~ification
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 ~ill include the point of departure, types of
materials to be used for reet construction, and a point of
contact at the departure site.
05/04/99 16:03 FA! 2892536
PLANNING DEPT.
14110
...-..--..
-2-
3- The permittee, or designaced agent, will prepare and present
to Federal or State officials, upon reques~, and keep on board
the vessel used to ~ransport reef material. an original manifest
ehat oontains an itemi2ed 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 arcificial 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 construetion of the reef and placemen~ 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 p.rmi~tee will notify the U.S. Coast Guard Station
(nearest seation), the Florida Marine Patrol (nearest seation),
additionally in the Virgin Islands and Puerto Rico, the
Department of Planning and Natural Resources (O.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.
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 at tractors shall be authorized by
this permit which would, in the opinion of the Corps of
Engineers, constitute a hazard to shipping in~erests, general
navigation. or milieary restricted zones.
9. No authorization is granted by ~his permit for the
construction of artificial reefs or fish ateraccors 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 chose trawling activities.
10. No construction shall be initiaeed unless and until all
necessary local, State and/or other Federal agency ~uchorization8
are granted.
;.
. 05/04/99 16;03 FAX 2892536
PLANNING DEPT.
14111
.. ----.
-3-
11. Marking of the artificial reef or fish attractor, when
applicable, shall be in accordanee 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 permi~ for che
oonstruction of artificial reefs within 1 nautical mile of the
boundaries of Fort Jefferson National Monument, Loce K@y National
Marine Sanctuary, Key Largo Coral Reef National Marine Sanctuary,
Bisoayne Naeional Park, Pennekamp State Park. the two Buck
Islands Reefs (Virgin Islands), The Florida Middle Grounds (that
area hounded by a line beginning at Point A
(latitude 28042.5' N.. longitude 840~4.a' w.), proceeding due
east fo~ approximately 7.4 nautical miles to Point B
(latitude 2B042.5' N., longitude 84016_3' W.)i then proceeding in
a southeasterly direccion for approximately 34.6 nautical miles
to point C (latitude 28011' N.. longitude 84000' W.), then
proceeding due west for approximacely 7 nautical miles to point 0
(lati~ude 28011' N., longitude 84007' w.l; 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 noreh for 15.8 nautical miles to origin at Point
A, the oculina Bank (that area on the East Coast at Florida
bounded by latitude 27030' N. to latitude 27053' N. and
longitude 79056' W. to longitude BO~O' 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 at tractors on significant
submerged beds of sea grasses. fresh water grasses, or
macroalgae, coral reefs, live boteom (areas SUpPOrting dense
growth of sponges, sea fans, soft corals, and other sessile
macroinvertebrates generally associated wich roek ouecrops) ·
oyster reefs, scallop beds or clam beds.
1~. Fallowing expiration of the initialS-year construction
authorization. additional ma~erial may be placed on ehe si~e for
a maximum of 5 additional years for rehabilitative or
renourishment pUrPoses. The permittee must present oocumen~acion
concerning the need for rehabilitation. Such rehabilitation is
s~jcet to the approval of plans and materials by the corps of
Engineers. Each e1me a reef .site is nourished, the permittee
will prepare a repo~t within 30 days after the reef deploymene.
to include the ~ype and amount of materials used in the
nourishm.nt, 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
....../
05/04/99 16:03 FAX 2892536
PLANNING DEPT.
......-. .....-.
-4~
.
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
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 afeer 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.
11_ The District Sngineer reserves ehe 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 appropriate.
18. Prior to start of conseruction of any artificial reef/fish
attrae~or, the applicant muse present to the Corps proof of
unencumbered title, (bill of sale, affidavic, as a gift, or
other) to all ma~eri.ls used tor the constxuction or
rehabilieation of the artificial reef/fish attractor, and the
applicant or insurer must show proof of financial responsibility
(insurance, assets, spon.orship, bonding, eec.l for any liability
that may arise fram damage or loss as a result of the artificial
~eef/fish attraetor. The permittee, and insurer of the
permittee, shall not be liable when the permittee is in
compliance with 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 ~een prOVided and approved by
the U.S. ArmY Corps of Engineers.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
ma/vJ'~
~rry L. ~i~-- -
Colonel, Corps of Engineers
Commanding
;.
~12
1