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 Local Operating Agreement (Agreement) between the U.S. Army Corps of Engineers (Corps) and Broward County Regarding State Programmatic General Permit (SPGP) VII for Minor In-Water Activities located throughout Florida in substantially the form of Exhibit 1, authorize the County Administrator to negotiate and approve changes to the agreement that do not impose any additional cost or material additional risk to the County, subject to review and approval for legal sufficiency by the County Attorney’s Office, and to execute same; and authorize the County Administrator, subject to review and approval for legal sufficiency by the County Attorney’s Office, to execute amendments to the Agreement that do not impose additional financial obligations on the County.
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Why Action is Necessary
Board action is necessary to approve an Agreement with the Corps.
What Action Accomplishes
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 Coordination Agreement on January 25, 2022 (Item No. 29).
Summary Explanation/Background
THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT AND THE ENVRONMENTAL PERMITTING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
This item supports the Board’s Value of “Building partnerships and working collaboratively with others to meet shared objectives.”
The Corps issues permits for the discharge of dredged or fill material in the 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 and the Florida Department of Environmental Protection (FDEP) developed a State Programmatic General Permit under these authorities (Exhibit 2) for use throughout the State for specific activities in navigable waters of the United States. The activities authorized under the SPGP include shoreline stabilization, pile supported structures, scientific studies, boat ramps, aquatic habitat enhancement, and marine debris removal.
The Corps may delegate a state or local government to review applications for Section 404 or Section 10 permits. Upon implementation of the Agreement (Exhibit 1), Broward County will continue to review documents related to the issuance of the Corps SPGP approvals in conjunction with its environmental resource license application review. County will also conduct inspections, initiate enforcement actions as necessary, coordinate with federal agencies, and submit quarterly reports related to those activities to the Corps. Approximately 250 approvals are currently granted annually. Inspections are required for 10% of the approvals issued annually. Projects that do not meet the requirements for a SPGP are referred directly to the Corps for processing.
This Agreement enables “one-shop-stop” licensing/permitting services to the regulated community by allowing the County to issue SPGP approvals concurrently with County Environmental Resource Licenses and State-delegated Environmental Resource Permits (delegated in 2001).
The Agreement was approved in its draft form by the Office of the County Attorney. Revisions to the SPGP itself are ongoing at this time and will be completed prior to the expiration of the current SPGP. The Corps will execute the Agreement after the County. The Agreement provides for a 90-day termination by either party upon written notice. Federal Authorization of SPGP VI expires on July 27, 2026, and is being replaced with SPGP VII. The Agreement was developed by the Corps and thus does not include many 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.