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HomeMy WebLinkAboutAgenda 07.06.202191�0 LUC�L� __ - - L11(1 a (D �acQoora� EROSION DISTRICT AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, July 6, 2021 C91I8la St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 4, Chair FRANNIE HUTCHINSON District No. 5, Vice -Chair CATHY TOWNSEND District No. 1 CHRIS DZADOVSKY District No. 2 SEAN MITCHELL District No. 3 LINDA BARTZ Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life Page 1 of 37 Regular Meeting Tuesday, July 6, 2021 6:00 PM %niFi rnNAP All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES — Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9 a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chair will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three minutes. Comments may pertain to any matter related to the Board's duties as the County's governing body. Comments in support or opposition to candidates for public office are not pertinent to the Board's duties. This includes any speaker identifying himself or herself as a candidate for public office. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least 48 hours prior to the meeting. 21Page Page 2 of 37 Regular Meeting Tuesday, July 6, 2021 6:00 PM 1. CALL TO ORDER 2. GENERAL PUBLIC COMMENT 3. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the Erosion Special Meeting of June 1, 2021. 4. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 35 - 37 B. PUBLIC WORKS 1. St. Lucie County, Florida Coastal Storm Risk Management Project - ATTACHMENT UPDATED St. Lucie County (SLC)/U.S. Army Corps of Engineers (USACE)/Bureau of Ocean Energy Management (BOEM) Tri-Party Memorandum of Agreement (MOA) for use of Outer Continental Shelf sand resources located within the St. Lucie Shoal Complex (a pre -defined offshore sand resource). Staff recommends Board approval of the attached Tri-Party Memorandum of Agreement (MOA) between the Bureau of Ocean Energy Management (BOEM, Department of the Interior), the U.S. Army Corps of Engineers (USACE), and St. Lucie County (SLC), with authorization for the Chair to sign those documents as approved by the County Attorney. 5. REGULAR AGENDA There are no items scheduled. 6. MOTION TO ADJOURN 31Page Page 3 of 37 t oLUCE1� c4' o R'° BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Erosion District Meeting June 1, 2021 Convened: 8:59 PM Adjourned: 8:59 PM 1. CALL TO ORDER The meeting was called to order at 8:59 PM by Chair Frannie Hutchinson District No. 4 Present Commissioner Chris Dzadovsky District 1, Commissioner Sean Mitchell District 2, Commissioner Linda Bartz District 3, Commissioner Frannie Hutchinson District 4, Commissioner Cathy Townsend District 5 Also Present Howard Tipton, County Administrator Mark Satterlee, Deputy County Administrator Alphonso Jefferson, Deputy County Administrator Dan McIntyre, County Attorney Katherine Barbieri, Assistant County Attorney Stan Payne, Director of Port and Airport Leslie Olson, Planning & Development Services Director Erick Gill, Communications Division Director George Landry, Solid Waste Division Director Patrick Dayan, Water Quality Division Manager Kori Benton, Planning & Development Services Senior Planner Tahir Curry, Planning & Development Services Associate Planner Joshua Revord, Coastal Engineering Vera Smith, Deputy Clerk Recording Secretary 2. GENERAL PUBLIC COMMENT Chair Hutchinson opened the meeting for public comment at this time. There being no one wishing to address the Board, Chair Hutchinson closed public comment. 3. APPROVAL OF MINUTES A motion was made to approve staff recommendation, and it passed unanimously. RESULT: APPROVE Page 4 of 37 Erosion District Meeting Tuesday, June 1, 2021 6:01 PM MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the Erosion Special Meeting of May 4, 2021. B. Board of County Commissioners minutes for the Erosion District Meeting of May 18, 2021 4. CONSENT AGENDA A motion was made to approve staff recommendation, and it passed unanimously. RESULT: MOVER: SECONDER AYES: NAYS: APPROVE Commissioner District 1 Chris Dzadovsky Commissioner District 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend None EXCUSED: None A. WARRANTS 1. Warrant Lists 33 Adopted by Consent Vote B. PUBLIC WORKS 1. St. Lucie County, Florida Coastal Storm Risk Management Project - Perpetual Beach Storm Damage Reduction Easement - Lake Garden Development Incorporated - Parcel No. 26 - Parcel ID 4502-314- 0001-200-6 Staff recommended the Board accept the Perpetual Beach Storm Damage Reduction Easement, authorize the Chair to sign the resolution, and direct staff to record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote 2. St. Lucie County, Florida Coastal Storm Risk Management Project - Temporary Beach Storm Damage Reduction Easement - EFTX, LLC. - Parcel No. 5 - Parcel ID 4512-331-0002-000-5 - ITEM PULLED Item was pulled from the Consent Agenda prior to the meeting. 2 1 F'ag Page 5 of 37 Erosion District Meeting Tuesday, June 1, 2021 6:01 PM 5. REGULAR AGENDA There are no items scheduled. 6. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 3 1 PagE Page 6 of 37 05/28/21 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #35- 22-MAY-2021 TO 28-MAY-2021 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 34.50 GRAND TOTAL: 34.50 PAGE 1 PAYROLL 3,743.20 3,743.20 128 Page 7 of 37 06/04/21 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #36- 29-MAY-2021 TO 04-JUN-2021 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 2,000.00 GRAND TOTAL: 2,000.00 PAGE 1 PAYROLL 0.00 0.00 55 Page 8 of 37 06/11/21 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #37- 05-JUN-2021 TO 11-JUN-2021 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 1,068.05 GRAND TOTAL: 1,068.05 PAGE 1 PAYROLL 3,743.20 3,743.20 117 Page 9 of 37 iI C kc LUM �` 0 TO: Erosion District AGENDA REQUEST 2021-51865 DATE: 7/6/2021 PRESENTED BY: Joshua Revord, Senior Coastal Engineer SUBMITTED BY: Public Works SUBJECT: St. Lucie County, Florida Coastal Storm Risk Management Project - ATTACHMENT UPDATED St. Lucie County (SLC)/U.S. Army Corps of Engineers (USACE)/Bureau of Ocean Energy Management (BOEM) Tri-Party Memorandum of Agreement (MOA) for use of Outer Continental Shelf sand resources located within the St. Lucie Shoal Complex (a pre -defined offshore sand resource). BACKGROUND: In November 2002, the U.S. Army Corps of Engineers (USACE) completed a "Section 905(b) analysis for a "St. Lucie County, Florida — Hurricane and Storm Damage Reduction Study" including the Study Area - from just south of Blind Creek (FDEP Monument R-77) to the Martin County Line (FDEP Monument R-115). This reconnaissance report recommended that the "study proceed into the feasibility phase", which was eventually initiated in 2004. Shortly afterwards, the USACE re-scoped the Federal project (reducing the proposed project area) and approved it as part of their 3x3x3 Plan; eventually, receiving federal funding to move the study forward. While in the feasibility phase, storm events (including Hurricane Sandy) impacted South County Beaches. The storm damages experienced after these events warranted swift/specific action. St. Lucie County, with support from the State of Florida and local stakeholders, initiated construction of a one-time, non-federal beach restoration project in April 2013 (while federal efforts continued). The project consisted of the nourishment of 3.4 miles of FDEP designated "critically eroded" Atlantic shoreline from FDEP monument R-98 (Normandy Beach) to the Martin County line (R-115). The project included placement of approximately 635,164 cubic yards of beach compatible sand from St. Lucie Shoal and was partially funded through a Special Assessment District (SAD) created specifically for the project. A nearshore limestone boulder mitigation reef was also completed to offset project related hard -bottom resource impacts. Eventually, the South St. Lucie County, Florida Coastal Storm Risk Management (CSRM) Project Feasibility Study was completed and approved, receiving a signed Chief's Report (December 15, 2017) and federal Congressional authorization (2018 WRDA Bill). In addition, Erosion District Staff diligently pursued and secured approximately $6.4 million in state grant funds from the Florida Department of Environmental Protection (FDEP) for the initial, proposed construction (FDEP Grant 19SL4 and 20SL3) and unilaterally Page 10 of 37 increased the level of federal participation for the project by 7% by improving public beach access at County owned beach parks. To address the balance of proposed funding, St. Lucie County BOCC drafted and subsequently approved the South Hutchinson Island Municipal Service Taxing Unit (SHI MSTU); encompassing all landowners both east and west of A1A (adjacent to the proposed project area). As such, St. Lucie County's Erosion District Board moved forward with a Project Partnership Agreement (PPA) with the USACE to formalize the County's intent to pursue the long-term stability of St. Lucie County's southern Atlantic shoreline (December 2, 2020). This agreement includes fifty (50) years of federal participation. Subsequently, design plans and specification were drafted for the proposed 2021/22 "initial start" project, permit modifications were pursued for the County's active state beach nourishment permit (USACE as a co-permittee), and a USACE required land certification effort (including perpetual construction easements) was requested by (December 2020) and subsequently provided to (June 2021) the USACE for the proposed project. The attached Tri-Party Memorandum of Agreement (MOA) drafted by BOEM, to be executed by BOEM/SLC/USACE, outlines specific requirements for the use of Outer Continental Shelf sand resources located within the St. Lucie Shoal Complex. This MOA permits St. Lucie County/USACE to legally mobilize, excavate, and use offshore sand resources (up to 800,000 cubic yards) within federal waters (beyond three nautical miles of St. Lucie County's shoreline). The attached agreement proposes a borrow area previously defined by our team based on sand quality, within the general vicinity of the 2013 project borrow area. This area was previously assessed and documented by the County (2009) as part of the 2013 locally funded beach project. The area contains beach compatible sand consistent with the native beach and well within FDEP allowable standards. This MOA is specific to the initial federal beach construction effort; therefore, future sand needs will require subsequent additional coordination with BOEM on an as -needed basis. PREVIOUS ACTION: 1999 - St. Lucie County's Erosion District initiates process to seek federal support and management of St. Lucie County's southern beaches at the request of South Hutchinson Island residents. 2004 - Erosion District and the U.S. Army Corps of Engineers (USACE) sign feasibility cost sharing agreement as first major step towards beach federalization. Major coastal storm impacts from Hurricanes Frances and Jeanne. 2005-2007 - Emergency dune restoration takes place with Florida Department of Environmental Protection (FDEP) and Federal Emergency Management Agency (FEMA) funding. 2012-2013 - South County Beach impacts from Hurricane Sandy. Erosion District coordinates a one-time emergency beach nourishment project in response to beachfront residents' requests. Beach and dune restoration completed for approximately 3.4 miles of Atlantic shoreline from the Martin County line, north to Normandy Beach Park. 2017-2018 — Feasibility report completed, and Congress authorizes the St. Lucie County, Florida Coastal Storm Risk Management (CRSM) Project in the 2018 Water Resources Development Act (WRDA); including a proposed fifty (50) year project life. Federal share of initial construction funded in Bipartisan Act of 2018 (PL 115-123). Page 11 of 37 March 2019 — St. Lucie County successfully petitions and receive a construction timeline extension; initial construction re -scheduled for winter 2021/spring 2022. December 2019 — Public Hearing advertised and subsequent Board approval of Resolution 2019-286 establishing the definitions and physical boundaries of a proposed South Hutchinson Island Municipal Services Taxing Unit (MSTU). September 2020 - County approves the South Hutchinson Island MSTU during final 2020-2021 budget session meeting. June 10, 2021— RFP solicitation for public financing to help fund proposed construction (outstanding balance of non-federal share). June (TBD) 2021— St. Lucie County completes and submits the USACE required land certification needed for the proposed initial federal beach project to proceed into the bidding phase. FINANCIAL IMPACT: There are no direct financial impacts associated with this Tri-Party Memorandum of Agreement (MOA). Compliance with the terms of the agreement require specific bathymetric surveys pre/post beach construction. These surveys are inherent to the proposed construction effort regardless of the borrow area location. RECOMMENDATION: Staff recommends Board approval of the attached Tri-Party Memorandum of Agreement (MOA) between the Bureau of Ocean Energy Management (BOEM, Department of the Interior), the U.S. Army Corps of Engineers (USACE), and St. Lucie County (SLC), with authorization for the Chair to sign those documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: June 28, 2021 Don West, Public Works Director Page 12 of 37 Date: June 28, 2021 Daniel McIntyre, County Attorney Date: June 29, 2021 Mark Satterlee, Deputy County Administrator Page 13 of 37 MEMORANDUM OF AGREEMENT AMONG THE BUREAU OF OCEAN ENERGY MANAGEMENT OF THE DEPARTMENT OF THE INTERIOR AND THE CORPS OF ENGINEERS OF THE DEPARTMENT OF THE ARMY AND ST. LUCIE COUNTY REGARDING THE USE OF OUTER CONTINENTAL SHELF SAND RESOURCES FOR THE ST. LUCIE COUNTY, FLORIDA COASTAL STORM RISK MANAGEMENT PROJECT IN ST. LUCIE COUNTY, FLORIDA BOEM Negotiated Agreement No. OCS-A 0548 Title I. Explanatory Recitals A. Pursuant to the authority of and in accordance with Section 1401(3)2 of America's Water Infrastructure Act of 2018 (P.L 115-270), the Department of the Army, acting through the United States Army Corps of Engineers, Jacksonville District (USACE), with the cooperation of St. Lucie County (the "County"), represented by the Chair of the Erosion District, is endeavoring to nourish the St. Lucie County shoreline as part of the St. Lucie County, Florida Coastal Storm Risk Management Project. B. USACE and the County are undertaking the St. Lucie County, Florida Coastal Storm Risk Management Project, in furtherance of the aforementioned goal to nourish the St. Lucie County shoreline (herein referred to as the "Project"). C. Prior to a notice -to -proceed for Project construction, USACE and the County will have procured lands, easements, and rights -of -way (collectively, "Land Rights") as necessary from upland landowners, other property rights holders, public entities, and other persons and entities of appropriate scope and duration to facilitate the Project. D. USACE, which is acting as the project manager for the Project, now seeks to obtain sand in a manner that minimizes costs and leverages Federal resources. Title II. Purpose and Authority A. The Department of the Interior (DOI), acting through the Bureau of Ocean Energy Management (BOEM), enters into this Memorandum of Agreement (MOA or "Agreement") with USACE and the County (collectively with DOI or BOEM, the "Parties") providing for the use of up to 800,000 cubic yards of Outer Continental Shelf sand resources ("OCS sand resources") for the Project under the authority of Section 8(k)(2) of the Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. § 1337(k)(2)). The term "OCS sand resources" means the sediment deposits found on or below the surface of the seabed on the Outer Continental Shelf (OCS), as defined in Section 2(a) of the OCSLA (43 U.S.C. § 133l(a)). This MOA authorizes use of the Borrow Area A-1 on St. Lucie Shoal, as designated and delineated in Table 1 and on the attached maps (Attachment 1), in accordance with the terms of this MOA. After removal of the OCS sand resources and placement of those resources Page 1 of 24 Page 14 of 37 as specified in this MOA, BOEM has no jurisdiction over those sand resources unless they return to the OCS. Table 1. Coordinates for Borrow Area A-1 Point Latitude Longitude Easting Northing 1 27.31035500 -80.15200575 931,534 1,082,925 2 27.31034449 -80.15072789 931,949 1,082,924 3 27.30961951 -80.15047167 932,034 1,082,661 4 27.30758244 -80.14931089 932,416 1,081,923 5 27.30686320 -80.14909467 932,488 1,081,662 6 27.30471999 -80.14902480 932,516 1,080,883 7 27.30340936 -80.14926265 932,442 1,080,406 8 27.30218515 -80.14923812 932,453 1,079,961 9 27.30149920 -80.14952047 932,363 1,079,711 10 27.30030368 -80.14968969 932,311 1,079,276 11 27.30019371 -80.14924714 932,455 1,079,237 12 27.30208475 -80.14765620 932,967 1,079,928 13 27.30204512 -80.14702220 933,173 1,079,915 14 27.29905418 -80.14822126 932,791 1,078,825 15 27.29652750 -80.14977388 932,293 1,077,903 16 27.29653116 -80.15037734 932,097 1,077,903 17 27.29742906 -80.15147587 931,738 1,078,227 18 27.29936733 -80.15131642 931,785 1,078,932 19 27.30029286 -80.15153107 931,713 1,079,268 20 27.30222881 -80.15144245 931,737 1,079,972 21 27.30313272 -80.15217458 931,497 1,080,299 22 27.30427755 -80.15226441 931,465 1,080,715 23 1 27.30583121 1 -80.15218486 931,487 1,081,280 24 1 27.30682325 1 -80.15202644 931,536 1,081,641 Note: Longitude and Latitude in Geographic Coordinate System (decimal degrees) North American Datum (NAD) 1983. Easting and Northing in Florida State Plane East Coordinate System (feet) NAD 1983 B. BOEM, under the authority delegated by the Secretary of the Interior, is authorized, pursuant to Section 8(k)(2) of the OCSLA (43 U.S.C. § 1337(k)(2)) to enter into this MOA concerning the potential use of OCS sand resources. BOEM has determined that the Project meets the requirements of Section 8(k)(2)(A)(i) of the OCSLA. Therefore, in accordance with Section 8(k)(2), and subject to the terms and conditions contained herein, BOEM hereby authorizes the use of OCS sand resources from Borrow Area A-1 on St. Lucie Shoal, identified in Table 1, for the construction undertaken in furtherance of the Project. The Parties acknowledge that under the terms of Section 8(k)(2)(B), BOEM will not assess any fee against USACE or the County for the use of the OCS sand resources described herein. Nothing in this MOA is intended to abrogate or diminish the Secretary of the Interior's authority under the OCSLA to oversee and regulate the removal of OCS sand resources. Pursuant to 30 CFR 583.330, Page 2 of 24 Page 15 of 37 failure to comply with any applicable law or any provision, term, or condition of this Agreement may result in termination of the Agreement at the sole discretion of BOEM, referral to an appropriate Federal or State agency with jurisdiction for possible enforcement, or both. Failure to comply in a timely and satisfactory manner with any provision, term or condition of this Agreement may also delay or prevent BOEM's approval of future requests for use of OCS sand by the parties to this Agreement. The MOA may be terminated by BOEM consistent with provisions in 30 CFR 583.350. If USACE or the County violates any provisions of this MOA, BOEM may, by written notice, suspend the MOA and order any further operations of USACE, the County, or its contractors under this Agreement to cease, except such operations as may be necessary to remedy any violations. If USACE or the County fails to remedy violations within thirty (30) days after receipt of suspension notice, BOEM may, by written notice, terminate this MOA. In the event that BOEM suspends or terminates the MOA, neither the USACE nor the County will be entitled to compensation as a result of expenses or lost revenues resulting from the suspension or termination. C. USACE enters into this MOA in compliance with the requirements of Sections 8(k)(2)(A)(i) and 8(k)(2)(D) of the OCSLA. The County enters into this MOA in compliance with the requirements of Section 8(k)(2)(A)(i) of the OCSLA. Nothing in this MOA is intended to impede or hinder USACE's or the County's ability to complete the Project or abrogate or diminish either Parties' authority or responsibilities under applicable law, including but not limited to America's Water Infrastructure Act of 2018 (PL 115-270), Clean Water Act (CWA) (33 U.S.0 § 1251 et seq.), National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.), Endangered Species Act (ESA) (16 U.S.C. § 1531 et seq.), Magnuson -Stevens Fishery Conservation and Management Act (MSA) (16 U.S.C. § 801 et seq.), Marine Mammal Protection Act (MMPA) (16 U.S.C. § 1361 et seq.), National Historic Preservation Act (NHPA) (54 U.S.C. § 300101 et seq.), Migratory Bird Treaty Act (MBTA) (16 U.S.C. §§ 703-712), or the Coastal Zone Management Act (CZMA) (16 U.S.C. § 1451 et seq.). Title III. Description of the Authorized Activity This MOA is intended to facilitate nourishment of the St. Lucie County, Florida Coastal Storm Risk Management Project located on South Hutchinson Island in St. Lucie County, Florida. This MOA authorizes the USACE to dredge up to 800,000 cubic yards of OCS sand resources from Borrow Area A-1 on St. Lucie Shoal for placement along 3.3 miles of shoreline from Florida Department of Protection Range Monument R98+230 feet to R115+1000 feet (see Attachment 1). Title IV. Provisions A. BOEM authorizes the use of OCS sand resources from Borrow Area A-1 for the Project. USACE or its contractor(s) may only extract, transport, and place such OCS sand resources from the borrow area in accordance with the terms and conditions set forth below. Except as provided above, the Parties agree that all other aspects of the Project's execution and completion remain as described in the Project Partnership Agreement between the Department of the Army and the County for the St. Lucie County Coastal Storm Risk Management Project, entered into on the 2nd of December, 2020, and any subsequent amendments thereto. B. All written notifications, requests, submissions, and deliverables, unless otherwise stated, should be sent to BOEM at: Page 3 of 24 Page 16 of 37 Chief, Marine Minerals Division Attention: Jeffrey Reidenauer, Ph.D. Bureau of Ocean Energy Management 45600 Woodland Road, VAM-MMD Sterling, Virginia 20166 All electronic notifications, submissions, and deliverables to BOEM should be sent to dred eg_infogboem.gov. All written notifications, requests, submissions, and deliverables to USACE should be sent to: Jacksonville District U.S. Army Corps of Engineers Attn: Tiphanie Mattis, Senior Project Manager 701 San Marco Blvd Jacksonville, F132207 904-232-1548 tphanie. j .mattis@usace. army.mil All written notifications, requests, submissions, and deliverables to the County should be sent to: St. Lucie County Joshua Revord, Senior Coastal Engineer 3071 Oleander Ave. Fort Pierce, FL 34982 772-462-12691 RevordJgstlucieco. org C. This MOA applies only to the extraction, transportation, and placement of OCS sand resources as described above. This MOA will terminate or expire (a) upon USACE sending written notice that it has obtained sufficient OCS sand resources to complete the Project, up to 800,000 cubic yards, or, (b) three (3) years from the date of execution of this MOA, whichever occurs first. Upon request by USACE, the Parties may agree in writing to extend the terms of this MOA as necessary to provide USACE and its contractor(s) with additional time to complete the Project. The Parties acknowledge that there may be a need for future OCS sand resources for periodic maintenance, augmentation, or construction purposes. BOEM, USACE, and the County may enter into subsequent agreements, for the use of additional OCS sand resources for the Project, consistent with each Party's responsibilities under applicable law. D. BOEM, USACE, and the County recognize that planning and coordination among the Parties will ensure that responsibilities related to OCSLA, other applicable Federal laws, and this Congressionally -authorized Project are carried out and accommodated in an efficient and timely manner so that the Project schedule will not be unnecessarily delayed or compromised. All Parties recognize that BOEM, as a Bureau in the DOI, has certain responsibilities for the orderly, timely, and efficient recovery of OCS minerals using the best available technology while ensuring environmental stewardship and compliance. Moreover, the Parties further recognize that USACE has certain Page 4 of 24 Page 17 of 37 stewardship and environmental compliance responsibilities that are separate and distinct from the responsibilities of BOEM. To these ends, and with respect to the Project, BOEM, USACE, and the County agree to the following terms: 1. Plans and Performance Requirements USACE will include this MOA as a reference document in the advertised "Construction Solicitation and Specifications Plan" (hereinafter referred to as the "Plan"). USACE will ensure that all operations at Borrow Area A-1 are conducted in accordance with the final approved Plan and all terms and conditions in this MOA, as well as all applicable statutes, regulations, orders, and any guidelines or directives specified or referenced herein and any project design criteria, relevant terms and conditions or reasonable and prudent measures of the latest Biological Opinion applicable to the activities authorized in this MOA. USACE will send BOEM a copy of the Plan and any modification to the Plan, when publicly available. The dredging method for removing sand from Borrow Area A-1 will be consistent with those evaluated in all applicable NEPA documents and approved in the authorizing documents, as well as the project permits. USACE will allow BOEM to review and comment on modifications to the Plan that may affect the borrow area or pipeline corridors on the OCS, including the use of submerged or floated pipelines to directly convey sediment from the borrow area to the placement site. BOEM will deliver these comments in a timely fashion so as to not unnecessarily delay USACE's construction contract or schedule. If dredging and/or conveyance methods are not wholly consistent with those evaluated in relevant NEPA documents prepared by USACE and BOEM for this Project, those included in the environmental and cultural resource consultations, and those authorized by relevant project permits, additional environmental review may be necessary. If the additional NEPA, consultations, or permit modifications would impact or otherwise supplement the provisions of the MOA, an amendment may be required. USACE will notify BOEM electronically at least 72 hours prior to the commencement, and within 24 hours after termination, of operations at Borrow Area A-1. If BOEM is aware of of any OCS activity within the jurisdiction of the DOI that may adversely affect USACE's ability to use OCS sand resources for the Project, BOEM will electronically notify USACE in a timely manner. Prior to the commencement of construction, USACE will electronically provide BOEM with a summary of the construction schedule consistent with Paragraph 15 of this MOA. The USACE, at the reasonable request of BOEM or the Bureau of Safety and Environmental Enforcement (BSEE), will allow any authorized Federal inspector to access the site of any operation, when permitted by safety regulations, and will provide BOEM or BSEE any documents and records that are pertinent to occupational or public health, safety, environmental protection, conservation of natural resources, or other use of the OCS as may be requested. USACE agrees to facilitate access to the site of any operation, where practicable and deemed safe by USACE and their contractor, including, but not limited to, dredges and support equipment, fill areas, or turtle relocation trawlers, for scientists conducting sampling or observations associated with research conducted or funded by BOEM. Page 5 of 24 Page 18 of 37 2. Environmental Responsibilities and Environmental Compliance USACE and/or its contractors will commit to avoiding, minimizing, or mitigating adverse effects during construction activities. USACE will prepare and provide to BOEM before commencing construction an Environmental Compliance Matrix (ECM), in coordination with the County and BOEM, to document all environmental requirements and identify roles and responsibilities to ensure compliance prior to, during, and after construction. All environmental commitments in the ECM will be reflected in the Plan. USACE is the lead agency on behalf of the Federal Government to ensure the Project complies with applicable environmental laws, including but not limited to the CWA, CZMA, ESA, MSA, and NHPA, and any consultations or limitations imposed thereunder. USACE will instruct its contractor(s) to implement the mitigation terms, conditions, and measures required by the USFWS, NMFS, Florida Department of Environmental Protection (FDEP), and BOEM pursuant to applicable Federal and State laws and regulations prior to commencement of activities authorized under this MOA, including extraction, transportation and placement of sand resources from Borrow Area A-1. Electronic copies of all relevant correspondence, monitoring data, and reports related to the activities covered by this MOA will be provided electronically to BOEM within 14 days of issuance (including, but not limited to, observer and dredging reports, and reports required by relevant project permits) unless the reports are required sooner by this MOA or applicable law, the permits, or the consultations. Construction may not commence until the pre -construction requirements have been completed. 3. Pre -Construction Notification of Activity in or near the Borrow Area USACE will invite BOEM to attend a pre -construction meeting that describes USACE's and/or its contractor's plan and schedule to construct the Project. USACE, after receiving notification from its contractor(s), will notify BOEM at dredgeinfo@boem.gov within 72 hours prior to the commencement of and no later than 24 hours after termination of operations at Borrow Area A-1. 4. Other Responsibilities BOEM does not warrant that the OCS sand resources used in this Project are suitable for the purpose for which they are intended by USACE and the County. BOEM's responsibility under this Project is limited to the authorization of access to OCS sand resources from Borrow Area A-1 as described in this MOA, and therefore BOEM disclaims any and all responsibility for the physical and financial activities undertaken, damages or liabilities, incidents or injuries, or negligence by the other Parties in pursuit of the Project. To the extent permitted by law, USACE and/or the County, its agent(s), and its contractor(s) will indemnify BOEM for, and agree to hold BOEM harmless from, any claims for loss, costs, damages, injuries to persons, or expenses caused by, or resulting from any operation under this MOA. However, USACE, the County, or their agent(s) and contractor(s) are not responsible to BOEM for any loss, cost, damage, injury, or expense that directly results from (1) the sole negligence of BOEM, or (2) USACE or the County's non -negligent compliance with a BOEM order or directive imposed under this MOA. Page 6 of 24 Page 19 of 37 USACE and the County or their contractor(s) must notify BOEM of any encounter of hazards on the OCS and any OCS sediment placed on the beach that has unsuitable characteristics relative to native sediment characteristics. The specific location where unsuitable sediment was dredged, or where hazards were encountered, within Borrow Area A-1 must be delineated and said location must be provided to BOEM in shapefile format, with applicable metadata detailing why it is recommended for avoidance, for future planning purposes. Additionally, any encounter of ordnance must be reported to BOEM using the process outlined in Paragraph 10. 5. Dredge Positioning During all phases of the Project, USACE will ensure that the dredge and any bottom -disturbing equipment is outfitted with an onboard global positioning system (GPS) capable of maintaining and recording location within an accuracy range of no more than plus or minus three (3) meters. The GPS needs to be installed as close to the hydraulic dredge as is practicable or needs to use appropriate instrumentation to accurately represent the position of the hydraulic dredge. During dredging operations, USACE will immediately notify BOEM electronically if dredging occurs outside of the approved borrow area. Such notification will be made as soon as possible after the time USACE becomes aware of dredging outside of the approved borrow area. Anchoring, spudding, or other bottom -disturbing activities are not authorized outside of the approved borrow area on the OCS, unless there are immediate concerns of safety, navigation risks or emergency situations. USACE will coordinate with the National Dredging Quality Management (DQM) program in advance of construction commencement to provide appropriate project -specific information, inform them of BOEM's role in the Project and relevant MOA stipulations, and develop a coordination plan to ensure that all DQM-related deliverables in accordance with this MOA are internally reviewed and delivered to BOEM on time and in accordance with BOEM formatting requirements. The USACE will provide BOEM, electronically, with all appropriate DQM data acquired during the Project using procedures jointly developed by USACE's National DQM Data Program Support Center and BOEM. USACE will submit the DQM data every two weeks. 6. Dredge Operation The final, approved Plan (required pursuant to Paragraph 1) will include provisions designed to maximize efficiency and conservation of the resource during the removal of sand from Borrow Area A-1. The purpose of these provisions is to avoid "wasting" sediment in Borrow Area A-1 that could be used to nourish the beach now and in the future. USACE and/or its contractor(s) will conduct all dredging operations in accordance with requirements outlined in the ECM. Any modification to this Plan will be coordinated with BOEM for approval prior to commencement of dredging. 7. Submittal of Production and Volume Information USACE, in cooperation with the dredge operator, will submit to BOEM a summary of the dredge track lines, outlining any deviations from the Plan, every two weeks. This will include a color -coded plot of the draghead, cutterhead, or other hydraulic or mechanical dredging device, showing any horizontal or vertical dredge violations. The dredge track lines must show dredge status: hoteling, dredging, transiting, or unloading. This map will be in PDF format. Page 7 of 24 Page 20 of 37 At least every two weeks, USACE will electronically provide a report of the construction progress including estimated volumetric production rates to BOEM. The USACE's project completion report, as described below, will also include production and volume information. 8. Local Notice to Mariners USACE will require its contractor(s) for the Project to place a notice in the U.S. Coast Guard Local Notice to Mariners regarding the timeframe and location of dredging and construction operations in advance of commencement of dredging. 9. Marine Pollution Control and Contingency Plan USACE will require its contractor(s) and subcontractor(s) to prepare for and take all necessary precautions to prevent discharges of oil and releases of waste or hazardous materials that may impair water quality. In the event of such an occurrence, notification and response will be in accordance with applicable requirements of 40 C.F.R. part 300. All dredging and support operations under this MOA will be compliant with U.S. Coast Guard regulations and the U.S. Environmental Protection Agency's Vessel General Permit, as applicable. USACE will notify BOEM of any noncompliant discharges and remedial actions taken, and USACE will provide copies of reports of the incident and resultant actions electronically. 10. Encounter of Ordnance The encounter of ordnance is possible on the OCS, and it is the responsibility of USACE and its contractor(s) to proactively manage this risk and any resulting situation should the need arise. If USACE or its contractor(s) encounter any ordnance while conducting dredging activities at Borrow Area A-1, it will report the discovery within 24 hours to Dr. Jeff Reidenauer, Chief, BOEM Marine Minerals Division, at (703) 787-1851 and dred eg_infogboem.gov. 11. Bathymetric Surveys As consideration, USACE will provide BOEM with pre- and post -dredging bathymetric surveys of Borrow Area A-1. USACE or its contractor(s) will conduct a pre -dredging survey of Borrow Area A- 1 within 90 days prior to the commencement of dredging and will provide the data to BOEM for review via dred eg info@boem.gov, allowing for a minimum (seven) 7 working days for BOEM to provide concurrence before USACE or its contractor(s) commences dredging. A qualified hydrographic surveyor, independent from the dredging/construction contractor, needs to conduct and oversee the survey, and must approve the survey results before transmitting them to BOEM. USACE or its contractor(s) will conduct post -dredging survey of Borrow Area A-1 within 90 days after the completion of dredging. Given available funding, BOEM recommends that USACE conduct additional bathymetric surveys of Borrow Area A-1 both one (1) and three (3) years after the completion of dredging to document borrow area evolution and provide information to inform future decisions and consultations regarding the use of OCS sand resources. USACE or its contractor(s) will perform surveys, error analysis, and reporting in accordance with the most recent edition of the National Oceanic and Atmospheric Administration's (NOAA's) Office of Coast Survey Hydrographic Survey Field Procedure Manual. Survey standards and requirements are specified in the manual, and can be found on the Coast Survey Document Library website (hops: //nauticalcharts.noaa. goy/publications/docs/standards-and-requirements/specs/hssd-2020.pdf). Page 8 of 24 Page 21 of 37 For bathymetric surveys, 100 percent coverage using multi -beam bathymetric survey methods is required. All bathymetric data will be roll, pitch, heave, and tide corrected using best practices. Sound velocity corrections will be applied based on measurements made during and throughout the duration of the survey using a profiling sound velocity meter to obtain water column sound velocities with casts that log the entire water column to the seafloor. Survey lines of the specific dredge area will be established at intervals necessary to provide 100 percent coverage. All survey lines will extend at least 100 meters (328 feet) beyond the edge of the limits of Borrow Area A-1 as defined in this MOA. USACE or its contractor(s) will collect all data in such a manner that post -dredging bathymetric surveys are compatible with the pre -dredging bathymetric survey data to enable the latter to be subtracted from the former to calculate the volume of sand removed, the shape of the excavation, and the nature of post -dredging bathymetric change. Pre -dredge bathymetric survey transects must be reoccupied during the post -dredging surveys. USACE or its contractor(s) will conduct surveys using kinematic GPS referenced to a GPS base station occupying an established monument (NAVD 88 vertical control) within 24 kilometers (15 miles) of the survey area, a National Geodetic Survey real- time network, or a water -level gauge deployed within the vicinity of Borrow Area A-1 and referenced to an established monument (NAVD 88 vertical control), unless alternative methods are approved by BOEM. Pre- and post -dredging surveys must be referenced to the same water -level gauge, tide gauge, real-time network, benchmark, or BOEM-approved method. An uncertainty or error analysis will be conducted on the bathymetric dataset based on calculated differences of measured elevations (depths) at all transect crossings. USACE or its contractor(s) will also conduct and implement other best practices typically employed to identify potential error or quantify uncertainty, such as daily bar - checks. If data accuracy, coverage, quality, or other parameters for either pre- or post -dredging surveys are not sufficient to provide for accurate comparisons between the pre -dredge and post -dredge surveys (e.g., do not meet specifications and standards discussed or referenced above), BOEM may require USACE or its contractor(s) to conduct a new survey at the pre -dredge and/or post -dredge phase. The delivery format for bathymetry data submission is an ASCII file (e.g., .xyz, .txt, .csv, .dat) containing x, y, z data and a digital elevation model in a format agreed upon between BOEM and USACE in writing. The file name(s) of bathymetric data submissions should be unambiguous and as a recommendation should include the survey ID (e.g., USACE survey number) and/or borrow area name, bin spacing, acronym for vertical datum, units, and date of survey completion (example file name: SURVEYID_BorrowArea_3x3AVG_NAVD88_ft_MMDDYYYY.xyz). The horizontal data will be provided in the NAD 83 Florida State Plane East, U.S. survey feet. Vertical data will be provided in the NAVD 88, U.S. survey feet unless otherwise specified. The USACE or its contractor(s) must submit a methods section and results of the uncertainty analysis, field notes, and metadata record (FGDC-endorsed geographic metadata standard, e.g., ISO 19115-2, XML encoding specifications ISO 19139) to BOEM with the processed bathymetric data products. An 8.5 x 11-inch plan view plot of the pre- and post -construction data will be provided showing the survey vessel navigation tracks, as well as contour lines at appropriate elevation intervals. A plot of the digital elevation model will also be provided. These plots will be provided in Adobe PDF format. Images and descriptions of any previously identified side scan sonar targets or newly identified bathymetric anomaly targets will be included and identified on an index map. Page 9 of 24 Page 22 of 37 12. Avoidance of Archaeological and Benthic Habitat Resources Offshore Prehistoric or Historic Resources There are no known archaeological resources in Borrow Area A-1. If the Parties or its contractor(s) discover any previously unknown historic or archeological resources while accomplishing the Project, USACE will continue to serve as lead agency under NHPA Section 106. USACE will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. In the event that the Parties and/or dredge operators do discover any archaeological resources while conducting dredging operations in Borrow Area A-1 or in the vicinity of pump -out operations, USACE will immediately and electronically report the discovery to the Marine Minerals Division Chief at BOEM. USACE will coordinate with BOEM on the measures needed to evaluate, avoid, protect, and, if needed, mitigate adverse impacts from an unanticipated discovery. If investigations determine that the resource is significant, the Parties will together determine if further action is required and how best to protect the resource. BOEM will work with USACE consistent with the provisions in 30 CFR 583.350. Offshore Benthic Habitat Resources Borrow Area A-1 includes an area within the higher elevations of the shoal that must be avoided during dredging operations ("avoidance area") (Table 2). Additionally, USACE will orient dredge cuts with the long axis of the shoal and limit cut depths to less than 9 feet to avoid the creation of pits or deep furrows. If a modification is needed to the avoidance area or dredge operational requirements, USACE may submit a written request for a minor modification consistent with 30 CFR 583.345(b). Upon receipt of the request, BOEM may grant and memorialize the minor modification via letter. Table 2. Coordinates for Area to be Avoided during Dredging Operations within Borrow Area A-1 (See Attachment 2) Point Latitude Longitude Easting Northing 8 27.30218515 -80.14923812 932,453 1,079,961 9 27.30149920 -80.14952047 932,363 1,079,711 10 27.30030368 -80.14968969 932,311 1,079,276 11 27.30019371 -80.14924714 932,455 1,079,237 12 27.30208475 -80.14765620 932,967 1,079,928 Note: Longitude and Latitude in Geographic Coordinate System (decimal degrees) North American Datum (NAD) 1983. Easting and Northing in Florida East State Plane Coordinates (feet) NAD 1983 13. Project Completion Report Consistent with Paragraph 15, USACE will submit a project completion report to BOEM within 120 days following completion of the activities authorized under this MOA. USACE will send this report and supporting materials electronically. The report will contain, at a minimum, the following information: • the names and titles of the project managers overseeing the effort (for USACE, the engineering firm (if applicable), and the contractor), including contact information (phone numbers, mailing addresses, and email addresses); Page 10 of 24 Page 23 of 37 • a narrative including the location and description of the Project, the final, as -built features, boundaries, and acreage, including the restored beach width and length; • the final total volume of material extracted from the borrow area and the volume of material actually placed on the beach or shoreline (including a description of the volume calculation method used to determine these volumes); • notation that USACE has confirmed that BOEM has received the full set of DQM data, in ASCII files, containing the x, y, z coordinates and time stamp of the cutterhead or drag arm locations; • a narrative discussing major construction sequences and activities, and, if applicable, any significant problems encountered and solutions implemented; • a table showing the major types of construction equipment used and the nature of their use by phase of the Project construction; • a list and description of any safety -related issues or accidents reported during the life of the Project; • a narrative and any appropriate tables describing any environmental monitoring associated with the Project; • a table listing significant construction dates beginning with bid opening and ending with final acceptance of the Project by USACE; • digital appendices containing the as -built Project footprint (.shp /.gdb), and bathymetric survey data outlined in Section 11 above; • metadata appropriate to geospatial deliverables; and • any additional pertinent Project photo or video documentation in high -resolution format. 14. Reporting Compliance USACE will designate in advance of construction a single point of contact (and preferably a back-up contact) who is responsible for facilitation of compliance with all MOA requirements. USACE will provide this contact information to BOEM, electronically, at least 30 days in advance of dredging and construction operations. The Parties will attempt to reasonably comply with the provisions of this MOA. Should there be an allegation of a failure to comply, the alleged failure will be corrected as soon as possible and/or resolved jointly among BOEM, USACE and the County, including through the dispute resolution process identified in Paragraph 16. 15. Sharing of Information Consistent with the purpose stipulated by the Parties in Title II, and to the extent allowed by law, policy and regulation, USACE, the County, and BOEM agree to: (1) share all information needed for or generated from the Project, including the sharing of implementation and other applicable schedules and (2) provide such information to the requesting agency as expeditiously as possible. USACE and BOEM agree to work to ensure that all required completion report information is received. Page 11 of 24 Page 24 of 37 The Parties to this MOA acknowledge that information and reports required by and/or exchanged pursuant to the subject Project may include confidential business information, proprietary information, or other sensitive information that should be protected from disclosure. Any Party, contractor, or agent of one of the Parties requesting that information or reports provided pursuant to this MOA be treated as confidential, will prominently mark the information and report as "Confidential" along with the basis for the claim of confidentiality. Any cover correspondence submitted with the information or report will likewise note the claim of confidentiality. To the extent practicable, a Party to this MOA may only request information that has been marked as "Confidential" and is in the possession of another Party to this MOA if the information is needed by the requesting Party to carry out their obligations under this MOA or if the information is necessary for the requesting Party to fulfill their obligations under the law. The Party in possession of the information requested may work with the requesting party to determine if the information may be shared without waiving the confidential nature of the material. The Parties further agree that they will notify the other Parties as soon as possible, in writing, of any request by any person seeking the release or disclosure of information marked "Confidential" in whole or in part, including, but not limited to, requests pursuant to Court orders, discovery, subpoenas, or other compulsory process, or public access requests under applicable Federal or State law. Notification will be considered timely if it provides the Parties or individuals claiming the information or report is confidential a reasonable opportunity to seek a Court order to prevent release or disclosure. Any disputes regarding requests for information or the confidential nature of the information requested will be resolved according to applicable law and through the dispute resolution process identified in Paragraph 16. If the Parry or individual claiming the information or report is confidential fails to obtain a timely Court order preventing the release or disclosure of the information, the Party in possession of the information will release it to the extent required by applicable law. 16. Resolution of Disputes The Parties agree to make every attempt to settle any disputes regarding this MOA at the lowest operational level. In the case of (1) a substantial disagreement between BOEM and USACE or between BOEM and the County with respect to any aspect of BOEM's authorization of the use of OCS sand resources in accordance with the terms and conditions as specified or (2) any alleged breach by a Parry of the terms and conditions as specified herein, the undersigned will designate a senior management official in their respective agencies to state the area(s) of disagreement or alleged breach in writing and present such statement to the other Parties for consideration. If resolution is not reached within seven (7) days, the Parties may request the active participation of the District Commander, Jacksonville District of the USACE, the Chief of the Office of Strategic Resources of BOEM, and the County Administrator or designee for the County. If dispute resolution is not successful within thirty (30) days and if appropriate under 30 CFR § 583.330 and 30 CFR § 583.350, BOEM may suspend or terminate the Agreement, refer the matter to appropriate Federal or State agency for enforcement, or both. 17. Miscellaneous This MOA will not affect any pre-existing or independent relationships or obligations among DOI, USACE, and the County, including any other relationships or obligations between BOEM and USACE, or any other units of such Departments. Page 12 of 24 Page 25 of 37 All rights in Borrow Area A-1 not expressly granted to USACE and the County are hereby reserved to BOEM. BOEM reserves the right to authorize other uses in Borrow Area A-1 that will not unreasonably interfere with activities authorized under this MOA. BOEM will allow USACE and the County to review and comment on any proposed authorizations for the use of OCS sand resources in Borrow Area A-1 and broader St. Lucie Shoal while this MOA is in effect. If any parry to this MOA makes a request for a separate negotiated agreement for the use of OCS sand resources in Borrow Area A-1, then it must share the request with all the parties to this MOA, and BOEM will consider comments on the request from the other parties. Nothing herein is intended to conflict with current USACE, State, or BOEM statutes or regulations. If the terms of this MOA are inconsistent with existing statutes or regulations of any of the Parties entering into this MOA, then those portions of this Agreement which are determined to be inconsistent will be invalid, but the remaining terms and conditions not affected by the inconsistency will remain in full force and effect. At the first opportunity for review of the MOA after such inconsistency is identified, all necessary changes will be accomplished either by an amendment to this MOA or by entering into a new MOA, whichever is deemed expedient to the interest of the Parties. This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original. The signatures to this Agreement may be executed on separate pages, and when attached to this Agreement will constitute one complete document. [This rest of this page was intentionally left blank. Signature Pages to follow.] Page 13 of 24 Page 26 of 37 MEMORANDUM OF AGREEMENT AMONG THE BUREAU OF OCEAN ENERGY MANAGEMENT OF THE DEPARTMENT OF THE INTERIOR AND THE CORPS OF ENGINEERS OF THE DEPARTMENT OF THE ARMY AND ST. LUCIE COUNTY, FLORIDA REGARDING THE USE OF OUTER CONTINENTAL SHELF SAND RESOURCES FOR THE INITIAL NOURISHMENT OF THE ST. LUCIE COUNTY, FLORIDA COASTAL STORM RISK MANAGEMENT PROJECT IN ST. LUCIE COUNTY, FLORIDA BOEM Negotiated Agreement No. OCS-A 0548 Signatory Page Megan Carr, PhD, CPG Andrew D. Kelly Chief, Strategic Resources Office Colonel, U.S. Army Corps of Engineers Bureau of Ocean Energy Management Jacksonville District Department of the Interior Date: Date: St. Lucie County, Florida Date: Erosion District Chair Page 14 of 24 Page 27 of 37 MEMORANDUM OF AGREEMENT AMONG THE BUREAU OF OCEAN ENERGY MANAGEMENT OF THE DEPARTMENT OF THE INTERIOR AND THE CORPS OF ENGINEERS OF THE DEPARTMENT OF THE ARMY AND ST. LUCIE COUNTY, FLORIDA REGARDING THE USE OF OUTER CONTINENTAL SHELF SAND RESOURCES FOR THE INITIAL NOURISHMENT OF THE ST. LUCIE COUNTY, FLORIDA COASTAL STORM RISK MANAGEMENT PROJECT IN ST. LUCIE COUNTY, FLORIDA BOEM Negotiated Agreement No. OCS-A 0548 Megan Carr, PhD, CPG Chief, Strategic Resources Office Bureau of Ocean Energy Management Department of the Interior Date: Signatory Page Andrew D. Kelly Colonel, U.S. Army Corps of Engineers Jacksonville District Date: St. Lucie County, Florida an Date: Erosion District Chair Page 15 of 24 Page 28 of 37 MEMORANDUM OF AGREEMENT AMONG THE BUREAU OF OCEAN ENERGY MANAGEMENT OF THE DEPARTMENT OF THE INTERIOR AND THE CORPS OF ENGINEERS OF THE DEPARTMENT OF THE ARMY AND ST. LUCIE COUNTY, FLORIDA REGARDING THE USE OF OUTER CONTINENTAL SHELF SAND RESOURCES FOR THE INITIAL NOURISHMENT OF THE ST. LUCIE COUNTY, FLORIDA COASTAL STORM RISK MANAGEMENT PROJECT IN ST. LUCIE COUNTY, FLORIDA BOEM Negotiated Agreement No. OCS-A 0548 Signatory Page Megan Carr, PhD, CPG Andrew D. Kelly Chief, Strategic Resources Office Colonel, U.S. Army Corps of Engineers Bureau of Ocean Energy Management Jacksonville District Department of the Interior Date: Date: St. Lucie County, Florida Date: Erosion District Chair Page 16 of 24 Page 29 of 37 MEMORANDUM OF AGREEMENT AMONG THE BUREAU OF OCEAN ENERGY MANAGEMENT OF THE DEPARTMENT OF THE INTERIOR AND THE CORPS OF ENGINEERS OF THE DEPARTMENT OF THE ARMY AND ST. LUCIE COUNTY, FLORIDA REGARDING THE USE OF OUTER CONTINENTAL SHELF SAND RESOURCES FOR THE INITIAL NOURISHMENT OF THE ST. LUCIE COUNTY, FLORIDA COASTAL STORM RISK MANAGEMENT PROJECT IN ST. LUCIE COUNTY, FLORIDA BOEM Negotiated Agreement No. OCS-A 0548 Signatory Page Megan Carr, PhD, CPG Andrew D. Kelly Chief, Strategic Resources Office Colonel, U.S. Army Corps of Engineers Bureau of Ocean Energy Management Jacksonville District Department of the Interior Date: Date: St. Lucie County, Florida Date: Erosion District Chair Page 17 of 24 Page 30 of 37 MEMORANDUM OF AGREEMENT AMONG THE BUREAU OF OCEAN ENERGY MANAGEMENT OF THE DEPARTMENT OF THE INTERIOR AND THE CORPS OF ENGINEERS OF THE DEPARTMENT OF THE ARMY AND ST. LUCIE COUNTY, FLORIDA REGARDING THE USE OF OUTER CONTINENTAL SHELF SAND RESOURCES FOR THE INITIAL NOURISHMENT OF THE ST. LUCIE COUNTY, FLORIDA COASTAL STORM RISK MANAGEMENT PROJECT IN ST. LUCIE COUNTY, FLORIDA BOEM Negotiated Agreement No. OCS-A 0548 Megan Carr, PhD, CPG Chief, Strategic Resources Office Bureau of Ocean Energy Management Department of the Interior Date: Signatory Page Andrew D. Kelly Colonel, U.S. Army Corps of Engineers Jacksonville District Date: St. Lucie County, Florida Un Date: , Erosion District Chair Page 18 of 24 Page 31 of 37 MEMORANDUM OF AGREEMENT AMONG THE BUREAU OF OCEAN ENERGY MANAGEMENT OF THE DEPARTMENT OF THE INTERIOR AND THE CORPS OF ENGINEERS OF THE DEPARTMENT OF THE ARMY AND ST. LUCIE COUNTY, FLORIDA REGARDING THE USE OF OUTER CONTINENTAL SHELF SAND RESOURCES FOR THE INITIAL NOURISHMENT OF THE ST. LUCIE COUNTY, FLORIDA COASTAL STORM RISK MANAGEMENT PROJECT IN ST. LUCIE COUNTY, FLORIDA BOEM Negotiated Agreement No. OCS-A 0548 Megan Carr, PhD, CPG Chief, Strategic Resources Office Bureau of Ocean Energy Management Department of the Interior Date: Signatory Page Andrew D. Kelly Colonel, U.S. Army Corps of Engineers Jacksonville District Date: St. Lucie County, Florida Un Date: , Erosion District Chair Page 19 of 24 Page 32 of 37 [This page intentionally left blank] Page 20 of 24 Page 33 of 37 Attachment 1 Borrow Area Map and Placement Sites Page 21 of 24 Page 34 of 37 STATE. OF FLORIDA ET. LUCIE COUNTY I r "m Irifp>pWl _ .. I I I ATLA11TJC *VFAN eami ocr:Rn owre STRTEFE➢HihL W+1,FA8.OUHPYII`� ��yj1� ARAPlK' R.OIINIA I � rnul rr rve ..Raf FT.Imm�y,mnr� LOCAM ON N11r A: �rwe5r�� m xIpenpw RJR R, r* r f i N..ox.l �R.505 '•. , �y,�mrxr� c i .'' 'Y'�W .f11.ONllil6 Y y I Y ` ge fL•t551 MARTIN COUNTY LUG6.I�R,M 51. tDum uc DATED: � WT 71Z1 PLATE Pa°'ECT OVEMEW Zl Project Location including Borrow Area A-1. Avoidance area in Borrow Area A-1 in gray. Page 22 of 24 Page 35 of 37 �r aI '� � 21 ON 77 1a 1� 20 SLC•111Af2 s 1K2199 -- - u _u r 11 �REFUGE a 7 `- PATCH14 Y a SLC-11-AID 12 1a r 1 Y ST. LUCIE SHOAL BORROW AREA Al �4 SHEET GENERALN�TES 1. TIE EOMIENi'OmiuPHANLE DEPi1� iSIYIED TOA xAialuA flm111WN �F�namvcE�cf�n CW�� �wEAI®9ur r. 7!7 9LC-17-A77 SLO.II,A7b w. a F ¢ rc WO ce $ YORROW AREA DEPTHS �sn+�xee'rs IrEsr.K+vEseef DEM so CIBR)PEAAICE OEPIH 7e WORRDW ARM CONTROL R F\SE x1AlG Pl./ilf CODIQ:fNTES i7�T. NIOe2Y01171 POKY LUT og NOKrHI M 2 K81,919 1.0&2 al e MD34 I.M.E91 4 =41e 1,99IAM 6 SM 1p61Ae>: ssa,x 1,9M.Ml I 97 M 1.979.711 10 012AIl 1pT92'N 11 98 40 f A792V 13 WIM 1,,n7we 14 nual 1,979AZ5 le M027 1,#"= 1] $31,739 1A?&Zv 1/ W1,1ee 1,R7K,992 IN 01.713 1,Oi9�6 21 991.M7 1,trreAn 21 MIAM7 1,oe9�➢9 Y! 941,4e9 1,999,T16 1,9d1�B9 7] 9S1,M7 2l P31,476 IfialX1 Borrow Area A-1. Avoidance area identified as Refuge Patch. DATED: MAY 2e21 Page 23 of 24 Page 36 of 37 [This page intentionally left blank] Page 24 of 24 Page 37 of 37