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County Administrator's Report 10. 9.
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| BCC Regular Meeting |
Technical/Public Service Consent |
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| RECOMMENDATION: |
Recommendation Concerning State of Florida Department of Environmental Protection Permitting Requirements for the Living Shoreline Component of the Innerarity Point Drainage Improvement Project Phase III - J. Taylor "Chips" Kirschenfeld, Director, Department of Natural Resources Management
The Board take the following action concerning the Shoreline Improvement Riparian Easement, Hold Harmless Agreement, and Letter of Concurrence for the Living Shoreline Component of the Innerarity Point Drainage Improvement Project Phase III, located within County right-of-way at the northern terminus of Cruzat Way and Bob-O-Link Road:
A. Accept the Shoreline Improvement Riparian Easement for 14420 Gorham Road;
B. Accept the Hold Harmless Agreement for 5485 Bob-O-Link Road;
C. Authorize the Chairman to execute the Shoreline Improvement Riparian Easement and Hold Harmless Agreement; and
D. Authorize the County Administrator, or designee, to provide the property owner of 5485 Bob-O-Link Road with a Letter of Concurrence for setback waiver to satisfy Florida Administrative Code Section 18-21.004(3)(d).
(THE EASEMENT AND HOLD HARMLESS AGREEMENT WILL BE DISTRIBUTED UNDER SEPARATE COVER)
[Funding: No budgetary impact is anticipated with this recommendation. However, funds for incidental expenses associated with the recording of documents are available in an Engineering Escrow Account accessed by the Escambia County Clerk's Office. A total of $320,000 is available in LOST (Local Option Sales Tax) III to implement the Innerarity Point Road Drainage Improvement Project Phase III] |
| BACKGROUND: |
The Innerarity Point Drainage Improvement Project Phase III will construct roadway and stormwater improvements along Bob-O-Link Road, Cruzat Way, and Gorham Road. The project also includes a living shoreline component located waterward of the northern terminus of both Bob-O-Link Road and Cruzat Way. The design will include restoration of the historic emergent saltmarsh community and the construction of a protective offshore breakwater. The living shoreline will enhance existing wildlife habitat, increase shoreline stability, and maintain neighborhood access to Perdido Bay. The project will include construction on state-owned sovereign submerged lands waterward of the existing mean high water line (MHWL). Construction waterward of the MHWL will require FDEP authorization.
The narrow 50-foot width of the existing county rights-of-way has caused two additional permitting issues. First, the protective breakwater at the northern terminus of Cruzat Way will be required to be partially constructed outside the county’s riparian area on submerged lands west of the project waterward of 14420 Gorham Road. The riparian owners have agreed to the proposed project design. FDEP will require the riparian owners to be permit co-applicants with Escambia County, but, as a condition of the state permit, the county will be solely responsible for the construction and maintenance of the breakwater. A shoreline improvement riparian easement outlining the project specific terms and conditions has been drafted by the County Attorney’s Office in conjunction with the FDEP Office of General Council.
Second, FDEP requires letters of concurrence (aka waivers) from adjacent property owners when construction waterward of the MHWL is proposed within 25-feet of the neighboring riparian boundary. The narrow width of the existing county right-of-way will require the county to obtain letters of concurrence from all four adjacent property owners. Waivers have already been received from the owners of 5490 Cruzat Way and 14440 Gorham Road. The owners of 14420 Gorham Road will provide a letter of concurrence with the executed shoreline improvement riparian easement discussed above. The owners of 5485 Bob-O-Link have also agreed to provide a letter of concurrence for the project, provided the county reciprocate by providing them with a letter of concurrence for the repair / reconstruction of their existing private boat ramp.
Their boat ramp is located immediately adjacent to the county right-of-way for Bob-O-Link Road. It currently extends a few feet onto the county’s riparian area as determined by a 2016 survey. The location and configuration of existing private boat ramp does not impact the county’s living shoreline project. However, the letter of concurrence provided by the County could be stipulated to indicate that future repairs or reconstruction only occur within the owner’s riparian area. On January 4, 2007, the Board approved providing a similar letter of concurrence to the owner of the property located 5801 Cruzat Way for the construction of a proposed marina.
The proposed repairs / reconstruction of the existing private boat ramp has been determined by the Development Services Department to constitute the construction of a ridged shore protection structure along an estuarine shoreline. LDC Section 4-5.5(b)(4)b requires an executed hold harmless agreement for ridged shore protection structures, in a form approved by the County Attorney, to hold the county, its officers and employees harmless from any damages to persons or property that may result from authorized construction. The executed hold harmless agreement for the repair / reconstruction of the existing private boat ramp has also been included with this recommendation for the Board’s acceptance. |
| BUDGETARY IMPACT: |
| Funding: Funds for incidental expenses associated with the recording of documents are available in an Engineering Escrow Account accessed by Escambia County Clerk's Office. A total of $320,000 is available in LOST III to implement the Innerarity Point Road Drainage Improvement Project Phase III. No additional budgetary impact is anticipated as a result of this recommendation. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| The Shoreline Improvement Easement and Hold Harmless Agreement have been approved as to form and sufficiency by Stephen G. West, Senior Assistant County Attorney. The County Attorney’s Office has advised against issuing a letter of concurrence to the property owners of 5485 Bob-O-Link Road. |
| PERSONNEL: |
| Project implementation will be managed by existing Natural Resource Management and Public Works personnel. |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| Board Policy II.B.8. FDEP is requiring the county to submit letters of concurrence from four adjacent property owners, and an executed shoreline improvement riparian easement between county and the adjacent property owners prior to the issuance of the state permit required for the construction of the living shoreline component of the Innerarity Point Drainage Improvement Project Phase III. |
| IMPLEMENTATION/COORDINATION: |
| Department of Natural Resources Management staff will coordinate with FDEP, listed property owners, and other applicable parties to meet State of Florida permitting requirements. |
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