Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Environmental Permitting Division
Information
Requested Action
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MOTION TO APPROVE Addendum to the Local Operating Agreement between the U.S. Army Corps of Engineers (Corps) and Broward County regarding Re-Issuance of State Programmatic General Permit (SPGP) VI for Minor in-Water Activities Located throughout Florida (Exhibit 1); and authorize the County Administrator, subject to review and approval for legal sufficiency by the County Attorney’s Office, to execute amendments or addenda to the Agreement that do not impose additional financial obligations or material risk to the County.
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Why Action is Necessary
Board action is necessary to approve an addendum to the Agreement with the Corps.
What Action Accomplishes
Approves the addendum and authorizes the County to continue to issue approvals for certain projects on behalf of the Corps.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Approval of prior Local Coordination Agreement (Agreement) on January 25, 2022 (Item No. 29).
Summary Explanation/Background
THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT AND THE ENVIRONMENTAL PERMITTING DIVISION (EPD) RECOMMEND APPROVAL OF THE ABOVE MOTION.
The Corps issues permits for the discharge of dredged or fill material into waters of the United States pursuant to Section 404 of the Clean Water Act, and for structures and work in navigable waters of the United States pursuant to Section 10 of the Rivers and Harbors Act. The Corps developed a SPGP for use statewide to authorize specific activities in navigable waters of the United States. Activities authorized under the SPGP include shoreline stabilization, pile-supported structures, scientific studies, boat ramps, aquatic habitat enhancement, and marine debris removal. Pursuant to the January 25, 2022, Agreement for SPGP VI, the Corps authorized the County to review applications for certain permits.
SPGP VI was scheduled to expire on July 27, 2026, at which time the Corps anticipated issuing SPGP VII. Pursuant to the Endangered Species Act, the National Marine Fisheries Service (“NMFS”) and the U.S. Fish and Wildlife Service (“FWS”) must review and update the Biological Opinion associated with the SPGP. However, NMFS and FWS have not completed their review, and the updated Biological Opinion has not been finalized. As a result, issuance of SPGP VII has been delayed.
To maintain continuity of the permitting program, the Corps decided to reissue SPGP VI. The Addendum (Exhibit 1) will extend the Agreement governing SPGP VI and allow the County to continue verifying projects in accordance with the terms and conditions of SPGP VI for as long as the permit remains in effect. The County will also continue conducting inspections, initiating enforcement actions as necessary, coordinating with federal agencies, and submitting quarterly reports to the Corps regarding those activities.
Once NMFS and FWS finalize the Biological Opinion, the Corps will proceed with issuance of SPGP VII, which will supersede SPGP VI. The Board has already approved the local operating agreement for SPGP VII (May 26, 2026, Item No. 43). Accordingly, upon finalization of the Biological Opinion, EPD will be positioned to seamlessly transition to reviewing applications under the terms and conditions of SPGP VII.
The Corps will execute the Addendum after the County. The Agreement provides for a 90-day termination by either party upon written notice. The Agreement and Addendum were developed by the Corps using its standard templates, and therefore the Addendum does not include all of the County’s standard terms.
Source of Additional Information
David Vanlandingham, Director, Environmental Permitting Division, (954) 519-1478
Fiscal Impact
Fiscal Impact/Cost Summary
There is no application fee associated with the applications for SPGP approvals. However, there are approximately 200 additional annual concurrent Environmental Resource Permit (ERP) applications and ERP exemptions, with fees ranging from $100 to $3,500. The County has realized average additional revenues of $33,650 per year from these application fees since 2022.