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HomeMy WebLinkAboutAgenda 07.22.2025S�,Il m EROSION DISTRICT AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, July 22, 2025 9:01 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 1, Chair JAMES CLASBY District No. 2, Vice -Chair LARRY LEET District No. 3 ERIN LOWRY District No. 4 JAMIE FOWLER District No. 5 CATHY TOWNSEND Mission Statement Committed To Service, Focused On Our Future, Grounded By Tradition *Final on 7/17 Page 1 of 47 Regular Meeting Tuesday, July 22, 2025 9:01 AM WELCOME 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 Human Resources Department at 772-462-1456, HumanResources@stlucieco.gov or TDD 772-462-1428 at least 48 hours prior to the meeting. z1P,: Page 2 of 47 Regular Meeting Tuesday, July 22, 2025 9:01 AM 1. CALL TO ORDER 2. GENERAL PUBLIC COMMENT 3. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the Erosion District Meeting of June 3, 2025. B. Board of County Commissioners minutes for the Erosion District Meeting of July 1, 2025. 4. CONSENT AGENDA A. WARRANTS Warrant Lists 35 - 40 B. PORT, INLET & BEACHES 2025 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), for approval to use up to 700k cubic yards of beach -compatible sands from federal waters to complete the 2025/26 federal beach rehabilitation effort with the USACE, and authorization for the Chair to sign those documents as approved by the County Attorney. This is in accordance with Strategic Plan Policy ES 6.1.4. Resolution — State Beach Funding Request Staff recommends Board approval to 1) submit the Beach Management Funding Assistance (BMFA) Program funding application request(s) to the State of Florida (FDEP) for FY-2026/27 along with the attached supporting Resolution (RES-2025-137), and 2) authorization for the Chair to sign documents as approved by the County Attorney. This is in accordance with Strategic Plan Policy ES 6.1.4. 3 1 P, : Page 3 of 47 Regular Meeting Tuesday, July 22, 2025 9:01 AM S. REGULAR AGENDA There are no items scheduled. 6. MOTION TO ADJOURN 4 1 P, : Page 4 of 47 SM ELL C-�' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Erosion District Meeting June 3, 2025 Convened: 6:02 PM Adjourned: 6:02 PM 1. CALL TO ORDER The meeting was called to order at 6:02 PM by Chair James Clasby, District No. 1. Present Commissioner Jamie Fowler, District 4; Commissioner Larry Leet, District 2; Commissioner James Clasby, District 1; Commissioner Erin Lowry, District 3; Commissioner Cathy Townsend, District 5 Also Present Dan McIntyre, County Attorney George Landry, County Administrator Mayte Santamaria, Deputy County Administrator Benjamin Balcer, Planning & Development Services Director Kori Benton, Planning & Development Services Planning Manager Patrick Dayan, Public Works Director Joshua Revord, Port Director Daniel Zrallack, County Engineer Cameron Howard, Airport Director Rebecca Olson, Solid Waste & Public Utilities Director Sydney Halleran, Agenda Coordinator Vera Smith, Deputy Clerk Recording Secretary 2. GENERAL PUBLIC COMMENT Chair Clasby opened the meeting for public comment at this time. With no one wishing to address the Board, Chair Clasby closed public comment. 3. APPROVAL OF MINUTES H iiivuUii WdJ IIIc1UC LU CIPPIUVC dll IIIIIIUIC JCIJ, GIIU IL PC1bb1=U Uiiainiiivuaiy. RESULT: APPROVE MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 4 Jamie Fowler AYES: Jamie Fowler, Larry Leet, James Clasby, Erin Lowry, Cathy Townsend NAYS: None EXCUSED: None Page 5 of 47 Erosion District Meeting Tuesday, June 3, 2025 6:01 PM A. Board of County Commissioners minutes for the Erosion District Meeting of May 20, 2025. 4. CONSENT AGENDA A motion was mace to aaopt the consent agenca, ana it passea unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 4 Jamie Fowler AYES: Jamie Fowler, Larry Leet, James Clasby, Erin Lowry, Cathy Townsend NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists 33 - 34 Adopted by Consent Vote 5. REGULAR AGENDA There were no items scheduled. 6. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 6:02 PM. Please note: Final minutes are recorded in the official minute books filed with the Clerk of the Circuit Court and Comptroller, which are available for inspection upon request. 2 1 p„ Page 6 of 47 SM ELL C-�' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Erosion District Meeting July 1, 2025 Convened: 6:01 PM Adjourned: 6:02 PM 1. CALL TO ORDER The meeting was called to order at 6:01 PM by Chair James Clasby, District No. 1. JPresent Commissioner Jamie Fowler, District 4; Commissioner Larry Leet, District 2; Commissioner James Clasby, District 1; Commissioner Erin Lowry, District 3; Commissioner Cathy Townsend, District 5 Also Present Dan McIntyre, County Attorney George Landry, County Administrator Mayte Santamaria, Deputy County Administrator Eric Gill, Communications Director Jean Stasio, Assistant County Attorney III Katherine Barbieri, Assistant County Attorney Benjamin Balcer, Planning & Development Services Director Kori Benton, Planning & Development Services Planning Manager Rebecca Ventrella, Public Utilities & Solid Waste Director Sydney Halleran, Agenda Coordinator Vera Smith, Deputy Clerk Recording Secretary 2. GENERAL PUBLIC COMMENT Chair Clasby opened the meeting for public comment at this time. With no one wishing to address the Board, Chair Clasby closed public comment. 3. APPROVAL OF MINUTES There were no items scheduled. 4. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 3 Erin Lowry AYES: Jamie Fowler, Larry Leet, James Clasby, Erin Lowry, Cathy Townsend NAYS: None Page 7 of 47 Erosion District Meeting Tuesday, July 1, 2025 6:01 PM I EXCUSED: None I A. PORT, INLET & BEACHES 1. Erosion District Funding Approval for the Multi -Purpose Staging and Commercial Waterfront Design/Permitting Effort - Amendment No. 2 to Contract C24-06-879 (Taylor Engineering) - Companion Item 2025-4299 Staff recommended Board approval to contribute $181,621.00 from the Erosion District (Fund 184) for the proposed design and permitting effort associated with the Harbour Pointe Regional Boat Ramp Phase 2 Multi -Purpose Staging and Commercial Waterfront area project element, to ensure a future staging area for all future Erosion District projects and initiatives. Adopted by Consent Vote 5. REGULAR AGENDA There were no items scheduled. 6. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 6:02 PM. Please note: Final minutes are recorded in the official minute books filed with the Clerk of the Circuit Court and Comptroller, which are available for inspection upon request. 2 1 p„ Page 8 of 47 05/30/25 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #35- 24-MAY-2025 TO 30-MAY-2025 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 533.72 GRAND TOTAL: 533.72 PAGE 1 PAYROLL 0.00 0.00 Page 9 of 47 06/06/25 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #36- 31-MAY-2025 TO 06-JUN-2025 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 2,000.00 GRAND TOTAL: 2,000.00 PAGE 1 PAYROLL 8,204.00 8,204.00 Page 10 of 47 06/13/25 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #37- 07-JUN-2025 TO 13-JUN-2025 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 764.93 GRAND TOTAL: 764.93 PAGE 1 PAYROLL 0.00 0.00 Page 11 of 47 06/20/25 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #38- 14-JUN-2025 TO 20-JUN-2025 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 7,387.75 GRAND TOTAL: 7,387.75 PAGE 1 PAYROLL 8,404.00 8,404.00 Page 12 of 47 06/27/25 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #39- 21-JUN-2025 TO 27-JUN-2025 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 308.72 GRAND TOTAL: 308.72 PAGE 1 PAYROLL 0.00 0.00 Page 13 of 47 07/03/25 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #40- 28-JUN-2025 TO 03-JUL-2025 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 42,756.50 GRAND TOTAL: 42,756.50 PAGE 1 PAYROLL 8,204.00 8,204.00 Page 14 of 47 TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: 2025-4388 DATE: 7/22/2025 AGENDA REQUEST Erosion District Joshua Revord, Port, Inlet & Beaches Director Port, Inlet & Beaches 2025 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) 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 afterward, 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 damage 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 the 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 one-time 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 Grants 19SL4 and 20SL3) and unilaterally 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). Page 15 of 47 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 specifications 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 the USACE (June 2021) for the proposed project. A Tri-Party Memorandum of Agreement (MOA) was drafted by the Bureau of Ocean Energy Management (BOEM) for the use of outer continental shelf sand resources for the project and was subsequently executed by BOEM/SLC/USACE. The sand proposed was located within the St. Lucie Shoal Complex. In March 2022, the contractor, Great Lakes Dredge & Dock Company, began to mobilize equipment and by May 7, 2022, the initial federal beach project was completed with the placement of approximately 387,035 cubic yards of sand onto south county beaches. Following completion of the Federal Project in 2022, Hurricane Ian and Hurricane Nicole both impacted Florida beaches and the project area. These impacts led to a federal disaster declaration and an opportunity for the county to request federal rehabilitation assistance. On October 28, 2022, the County formally requested federal disaster assistance and was subsequently approved for rehabilitation based on the level of impact those storms had on the recently completed federal beach project. With the acquisition of the last perpetual easement in 2024, the rehabilitation project was subsequently designed and is currently in the process of being bid out. 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 for this 100% federally funded rehabilitation project. The proffered MOA is a non-competitive lease and includes approval to remove up to 700k cubic yards of beach -compatible sand from the proposed borrow area. It requires the USACE and the County to participate in certain pre- and post -construction monitoring efforts. The proposed area contains beach -compatible sand consistent with the native beach and the previously completed projects. PREVIOUS ACTION: 1999 - St. Lucie County's Erosion District initiated a 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, initiating the first major step towards beach federalization. Major coastal storm impacts from Hurricanes Frances and Jeanne. 2005-2007 - Emergency dune restoration along the project area takes place with both Florida Department of Environmental Protection (FDEP) and Federal Emergency Management Agency (FEMA) funding. 2012-2013 - South County Beach impacted by Hurricane Sandy. Erosion District coordinates a one-time (locally -funded) emergency beach nourishment project in response to beachfront residents' requests. Beach and dune restoration was completed for approximately 3.4 miles of Atlantic shoreline from the Martin County line, north to Normandy Beach Park. 2017-2018 — Federal feasibility report completed, and Congress authorizes the St. Lucie County, Florida Page 16 of 47 Coastal Storm Risk Management (CRSM) Project in the 2018 Water Resources Development Act (WRDA); including a proposed fifty (50) year project life. The federal share of initial construction was funded in the Bipartisan Act of 2018 (PL 115-123). March 2019 — St. Lucie County successfully petitioned for and received 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 the final 2020-2021 budget session meeting. June 10, 2021— RFP solicitation for public financing to help fund proposed construction (to fund the outstanding balance of the non-federal share required for the initial federal beach project). June 2021— St. Lucie County completes and submits the USACE required land certification needed for the proposed initial federal beach project. All but one perpetual easement was provided, and a one-time exemption was provided to the County for the initial federal beach project. July 6, 2021- St. Lucie County approves the execution of the Bureau of Ocean Energy Management (BOEM) Tri-Party Memorandum of Agreement (MOA) for the use of Outer Continental Shelf sand resources needed for the initial federal beach project. March 2022—The initial federal beach project commences. May 7, 2022 - The initial federal beach project is completed, with the placement of approximately 387,035 cubic yards of sand onto south county beaches. September 2022 — Hurricane Ian. November 2022 — Hurricane Nicole. FINANCIAL IMPACT: There are no direct financial impacts associated with the proposed Tri-Party Memorandum of Agreement (MOA). The proposed project is a 100% federally funded rehabilitation effort (construction only). Compliance with the terms of the agreement requires specific bathymetric surveys pre -/post -beach construction. These surveys are inherent to the proposed construction effort (regardless of the borrow area location) and will be performed by the USACE and St. Lucie County. 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), for approval to use up to 700k cubic yards of beach -compatible sands from federal waters to complete the 2025/26 federal beach rehabilitation effort with the USACE, and authorization for the Chair to sign those documents as approved by the County Attorney. This is in accordance with Strategic Plan Policy ES 6.1.4. Page 17 of 47 COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: July 16, 2025 Daniel McIntyre, County Attorney Date: July 16, 2025 Mayte Santamaria, Deputy County Administrator Page 18 of 47 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 CONSTRUCTION OF THE ST. LUCIE COUNTY, FLORIDA COASTAL STORM RISK MANAGEMENT PROJECT BOEM Negotiated Agreement No. OCS-A 05XX Title I. Explanatory Recitals A. Pursuant to the authority and in accordance with Section 1401(3) of the Water Resources Development Act of 2018 (P.L. 115-270), and to the extent that appropriations provided under the Construction heading, Title I, Division D of the Consolidated Appropriations Act of 2023 (PL 117- 328) enacted December 29, 2022, are obligated and used, the Department of the Army, acting through the United States Army Corps of Engineers, Jacksonville District (USAGE), with the cooperation of St. Lucie County, Florida (the "County"), represented by the Chair of the Erosion District, is endeavoring to conduct the renourishment of the St. Lucie County, Florida Coastal Storm Risk Management Project (the "Project"). B. USACE and the County are undertaking the Project, in furtherance of the goal to renourish the shoreline of south St. Lucie County, Florida. Pursuant to Division D, Title I, of the Consolidated Appropriations Act of 2023 (P.L. 117-328) provisions, USACE has determined that the Project is technically feasible, economically justified, and environmentally acceptable. USACE will provide funding and lead construction of 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, acting as the project manager for the Project, and the County now seek to obtain sand in a manner that minimizes costs and leverages Federal resources. Title H. 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 700,000 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 1 Page 19 of 47 OCSLA (43 U.S.C. § 1331(a)). This MOA authorizes the use of Borrow Areas Al and A2 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 as specified in this MOA, BOEM has no jurisdiction over those sand resources unless they return to the OCS. Use and/or disposal of OCS sand resources outside the areas defined in the Project is not expressly authorized as a qualified use; a modification to this Lease may be required to authorize such use. Table 1. Coordinates for Borrow Areas Al and A2 on St. Lucie Shoal Point Latitude Longitude Easting Northing 1 27.3103550 -80.1502006 931,534 1,082,925 2 27.3103445 -80.1507279 931,949 1,082,924 3 27.3096195 -80.1504717 932,034 1,082,661 4 27.3075824 -80.1493109 932,416 1,081,923 5 27.3068632 -80.1490947 932,488 1,081,662 6 27.3047200 -80.1490248 932,516 1,080,883 7 27.3034094 -80.1492627 932,442 1,080,406 8 27.3021852 -80,1492381 932,453 1,079,961 9 27.3014992 -80.1495205 932,363 1,079,711 10 27.3003037 -80.1496897 932,311 1,079,276 11 27.3001937 -80.1492471 932,455 1,079,237 12 27.3020848 -80.1476562 932,967 1,079,928 13 27.3020451 -80.1470222 933,173 1,079,915 14 27.2990542 -80.1482213 932,791 1,078,825 15 27.2965275 -80.1497739 932,293 1,077,903 16 27.2965312 -80.1503773 932,097 1,077,903 17 27.2974291 -80.1514759 931,738 1,078,227 18 27.2993673 -80.1513164 931,785 1,078,932 19 27.3002929 -80.1515311 931,713 1,079,268 20 27.3022288 -80.1514425 931,737 1,079,972 21 27.3031327 -80.1521746 931,497 1,080,299 22 27.3042776 -80.1522644 931,465 1,080,715 23 27.3058312 -80.1521849 931,487 1,081,280 24 27.3068233 -80.1520264 931,536 1,081,641 25 27.3103264 -80.1477564 932,914 1,082,924 26 27.3083301 -80.1460719 933,466 1,082,202 27 27.3064300 -80.1461634 933,441 1,081,511 28 27.3038632 -80.1461061 933,466 1,080,578 Note: Longitude and Latitude in Geographic Coordinate System NAD 1983. Easting and Northing in Florida State Plane East Coordinate System (11) 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. BOEM determined that the Project qualified for a non-competitive negotiated agreement on April 21, 2 Page 20 of 47 2025 (see 30 CFR 583.305). BOEM completed the project evaluation process required by 30 CFR 583.310. 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 Areas Al and A2 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 and/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, 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, 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 BOEM determines that USACE and/or the County violate any provisions of this MOA, BOEM may, by written notice, suspend the MOA and order any further operations of USACE or the County under this Agreement to cease, except such operations as may be necessary to remedy any violations. If USACE and/or the County fails to remedy violations within thirty (30) calendar 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 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. If appropriate, duties of USACE and/or the County may be fulfilled through authorized representatives, such as a dredging contractor. Both USACE and the County will ensure that any contractors or subcontractors operate in compliance with this MOA. Nothing in this MOA is solely intended to impede or hinder the ability of USACE and/or the County to complete the Project nor does any provision abrogate or diminish either Parties' authority or responsibilities under applicable law, including but not limited to the Clean Air Act (CAA) (42 U.S.C. §§ 7401 et seq.), Clean Water Act (CWA) (33 U.S.0 §§ 1251 et seq.), Coastal Zone Management Act (CZMA) (16 U.S.C. §§ 1451 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.), Migratory Bird Treaty Act (MBTA) (16 U.S.C. §§ 703-712), National Environmental Policy Act (NEPA) (42 U.S.C. §§ 4321 et seq.), National Historic Preservation Act (NHPA) (54 U.S.C. §§ 300101 et seq.), Section 1401(3)2 of the Water Resources Development Act of 2018 (P.L. 115-270), and Division D Title I, of the Consolidated Appropriations Act of 2023 (P.L. 117-328). Title III. Description of the Authorized Activity This MOA is intended to facilitate the renourishment of the St. Lucie County, Florida Coastal Storm Risk Management Project in south St. Lucie County, Florida. This MOA authorizes USACE and/or the County to dredge up to a total of 700,000 cubic yards of OCS sand resources from Borrow Areas Al and A2 of St. Lucie Shoal for placement along 3.3 miles of shoreline between Florida Department of 3 Page 21 of 47 Environmental Protection (FDEP) Range Monument R-98.5 south to the Martin County line at R-1 (see Attachment 1). Title 1V. Provisions A. BOEM authorizes USACE and/or the County to dredge OCS sand resources from Borrow Areas Al and A2 on St. Lucie Shoal for the Project and in Project designated areas. USACE and/or the County 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 herein, 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 St. Lucie County, Florida, for Construction of 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: Acting Manager, Marine Minerals Division Attention: Geoffrey Wikel Bureau of Ocean Energy Management 45600 Woodland Road, VAM-MMD Sterling, VA 20166 (703)787-1283 eg offrey.wikel(a�boem.gov All electronic notifications, submissions, and deliverables to BOEM should be sent to dyed eg infokboem.gov. All written notifications, requests, submissions, and deliverables to USACE should be sent to: Jacksonville District U.S. Army Corps of Engineers Attn: Mr. James LaGrone, Project Manager 701 San Marco Blvd Jacksonville, FL 32207 904-232-2437 James.W.Lagrone@usace.army.mil All written notifications, requests, submissions, and deliverables to the County should be sent to: Mr. Joshua Revord, PE, Director of Port, Inlet & Beaches St. Lucie County, Florida 1001 Harbor Street Fort Pierce, FL 34950 772-462-1269 Joshua.Revordkstlucieco.org C. This MOA applies only to the extraction, transportation, and placement of OCS sand resources as described above and in the "Construction Solicitation and Specifications Plan" required below in 4 Page 22 of 47 Title IV Provision (D)(1). This MOA will terminate or expire (a) upon USACE and/or the County sending written notice that it has obtained sufficient OCS sand resources, up to 700,000 cubic yards, to complete the Project, or (b) three (3) years from the date of execution of this MOA, whichever occurs first. Upon request by USACE and/or the County, the Parties may agree in writing to extend the term of this MOA as necessary to provide 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 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, including sand resources, using the best available technology while ensuring environmental stewardship and compliance. Moreover, the Parties further recognize that USACE has certain 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 provide a copy of the Plan to BOEM for review at least two weeks prior to construction contract advertisement to allow sufficient time for BOEM to review and ensure that all provisions of this Agreement, including environmental compliance requirements (Title IV Provision (D)(2)), are incorporated into the Plan, as applicable. USACE and the County will ensure that all operations at Borrow Areas Al and A2 on St. Lucie Shoal are conducted in accordance with the final BOEM-reviewed 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 Opinions applicable to the activities authorized in this MOA. 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. Dredging, bottom disturbing activities, and/or conveyance methods (and areas of proposed use) will be 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. If USACE or the County propose to change the dredging method, 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 5 Page 23 of 47 amendment to the MOA may be required. Until BOEM determines if the proposed changes require an amendment to the MOA, no changes to the authorized dredging and conveyance methods will be implemented. USACE will notify BOEM electronically at least 72 hours prior to the commencement, and within 24 hours after termination, of operations at Borrow Areas Al and A2 on St. Lucie Shoal. If BOEM is aware of any OCS activity within the jurisdiction of the DOI that may adversely affect USACE's and/or the County's ability to use OCS sand resources for the Project, BOEM will electronically notify USACE and the County in a timely manner. Prior to the commencement of construction, USACE and/or the County will electronically provide BOEM with a summary of the construction schedule consistent with Title IV Provision (D)(15) of this MOA. USACE and the County, at the reasonable request of BOEM or 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 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 and the County agree to facilitate access for personnel authorized by BOEM or BSEE to the site of any operation, where practicable and deemed safe by USACE and its contractor, including, but not limited to, dredges and support equipment, fill areas, or turtle relocation trawlers, if warranted. 2. Environmental Responsibilities and Environmental Compliance USACE and the County commit to avoiding, minimizing, or mitigating adverse effects during construction activities. USACE and/or the County will prepare and provide to BOEM before commencing construction an Environmental Compliance Matrix (ECM), in coordination with the other remaining Parties, to document all environmental requirements and identify roles and responsibilities to ensure compliance prior to, during, and after construction. The ECM must identify where in the Plan the relevant environmental compliance measures are addressed. All environmental commitments in the ECM will be reflected in the Plan. As indicated in Title IV Provision (D)(15), BOEM also requires USACE and/or the County to verify implementation of all requirements in the ECM in the Project Completion Report. 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 CAA, CZMA, ESA, MSA, NEPA, and NHPA, and any consultations or limitations imposed thereunder. USACE and/or the County will implement the mitigation terms, conditions, and measures required by the U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (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 Areas Al and A2 on St. Lucie Shoal. 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 calendar 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. 6 Page 24 of 47 3. Pre -Construction Notification of Activity in or near the Borrow Area USACE and/or the County will invite BOEM to attend a pre -construction meeting that will describe the Plan and schedule to construct the Project. USACE and/or the County will notify BOEM at dredgeinfogboem. oovv at least 72 hours prior to the commencement, and no later than 24 hours after termination, of operations at Borrow Areas Al and A2 on St. Lucie Shoal. 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 Areas Al and A2 on St. Lucie Shoal 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, the County hereby indemnifies BOEM for any claims for loss, costs, damages, injuries to persons, or expenses caused by, or resulting from any operation under this MOA. However, the County is not responsible to BOEM for any loss, cost, damage, injury, or expense that directly results from (1) the sole negligence of BOEM, or (2) the County's non -negligent compliance with a BOEM order or directive imposed under this MOA. Nothing in this section will be construed as a waiver of any applicable statutory limitations of liability, including but not limited to Section 768.28, Florida Statutes, nor will this section operate as a waiver of the County's sovereign immunity. USACE and/or the County 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 of the beach where it is placed (e.g., grain -size, color, composition). The specific location where unsuitable sediment was dredged, or where hazards were encountered, within Borrow Areas Al and A2 on St. Lucie Shoal 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. This information will be provided consistent with the reporting requirements in Title IV Provisions (D)(7) and (D)(13). Additionally, any encounter of ordnance must be reported to BOEM using the process outlined in Title IV Provision (D) (10). 5. Dredge Positioning During all phases of the Project, USACE and/or the County will ensure that the dredge and any bottom - disturbing equipment is outfitted with an onboard global positioning system (GPS) to accurately represent the position of the dredging operations in accordance with specifications developed by the USACE National Dredging Quality Management (DQM) program. USACE and/or the County will coordinate with the 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- certified deliverables in accordance with this MOA are internally reviewed and delivered to BOEM on time and in accordance with BOEM formatting requirements. USACE and/or the County will provide BOEM, electronically, with all appropriate DQM data acquired during the Project using 7 Page 25 of 47 procedures jointly developed by USACE's National DQM Data Program Support Center and BOEM. USACE and/or the County will submit the DQM data every two weeks. 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 and/or the County will notify BOEM electronically as soon as possible if these activities occur outside of the approved borrow area(s). 6. Dredge Operation The final, BOEM-reviewed Plan (required pursuant to Title IV Provision (D)(1)) will include provisions designed to maximize efficiency and conservation of the resource during the removal of sand from Borrow Areas Al and A2 on St. Lucie Shoal. The purpose of these provisions is to avoid "wasting" sediment on St. Lucie Shoal that could be used to nourish this and other beaches or wetlands, now and in the future. USACE and the County will conduct all dredging operations in accordance with requirements outlined in the ECM. Any modification to this Plan will be submitted to BOEM for review prior to commencement of dredging (pursuant to Title IV Provision (D)(1)). 7. Submittal of Production and Volume Information In order for BOEM to monitor adherence to dredging within the leased borrow area boundaries denoted in Table 1, USACE and/or the County 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. At least every two weeks, USACE and/or the County will electronically provide a report of the construction progress, including estimated volumetric production rates, to BOEM. The Project Completion Report, as described in Title IV Provision (D)(13), will also include production and volume information. 8. Local Notice to Mariners USACE and/or the County will 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 and/or the County will 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 CFR 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 and/or the County will notify BOEM as soon as practicable of any noncompliant 0 Page 26 of 47 discharges and remedial actions taken, and USACE and/or the County will provide copies of reports of the incident and resultant actions electronically. 10. Encountering of Munitions and Explosives of Concern (MEC) Encountering Munitions and Explosives of Concern (MEC) of all types is possible on the OCS. MEC includes unexploded ordnance, discarded military munitions, and munitions constituents. It is the responsibility of USACE and/or the County to proactively manage and continuously evaluate this risk. BOEM assumes no liability for the presence of MEC within Borrow Areas Al and A2, nor the subsequent encounter, handling, or disposal of MEC in accordance with Title IV Provision (D)(4), above. The Plan developed per Title IV Provision (D)(1), above, roust include a protocol of MEC reporting, safety, and response actions that USAGE, who is responsible for project construction, will implement if MEC are encountered (herein "MEC Protocol"). The MEC Protocol should reflect the risk assessment of encountering different MEC types prepared by USACE and considered by BOEM as part of its technical evaluation. The MEC Protocol should address (1) notification to the relevant federal and state agencies, (2) engagement of qualified MEC identification, inspection, handling, or detonation specialists when warranted, and (3) MEC response measures and actions when warranted. The MEC Protocol should describe measures or actions that USACE may take that will investigate, identify, or decrease MEC risks, including MEC screening, MEC avoidance during dredging, MEC relocation activities, and MEC detonation. Upon first encounter of MEC or a change in type of MEC encountered while conducting operations on the OCS, USACE will report the discovery within 24 hours to Geoffrey Wikel, Acting Division Manager, BOEM Marine Minerals, at (703) 787-1283 and dred e�(a�boem.gov. USACE will notate what actions were taken or will be taken. The notification will include a description of the activities leading to the MEC encounter; the day, time, location, and load of the MEC encounter; the type of MEC encountered; a description of its inert state or explosive quantity; and its disposition. The BOEM Director reserves the right to immediately suspend OCS operations in accordance with 30 CFR 583.350(b)(3) should the threat of serious harm and damage warrant it. If issued, any such suspension will be lifted once the threat is abated. If the MEC Protocol must be modified to account for unexpected circumstances, USACE will notify BOEM at dred eig nfo(cr),boem.gov and provide an updated MEC Protocol. Follow-on reports to BOEM concerning subsequent encounters may be reported through consolidated periodic notifications if agreed upon by BOEM. If MEC are encountered within the material after it has been removed from the OCS, such as during pump -out operations or within placed fill material, it is the responsibility of USACE to manage such encounters. If MEC are unexpectedly discovered in the Project designated onshore areas after completion of the Project, USACE and the County are solely responsible for any remediation. 11. Bathymetric Surveys At a minimum, USACE and/or the County will provide BOEM with pre- and post -dredging bathymetric surveys of Borrow Areas Al and A2 on St. Lucie Shoal. USACE and/or the County will conduct a pre -dredging survey of Borrow Areas Al and A2 on St. Lucie Shoal within 60 calendar days 9 Page 27 of 47 prior to the commencement of dredging and will provide the data to BOEM for review via dredgeinfo(a�,boem.gov, allowing for a minimum seven (7) business days for BOEM to determine if the survey is acceptable before USACE and/or the County commences dredging. A qualified hydrographic surveyor, independent from the dredging/construction contractor, will conduct and oversee the survey, and must approve the survey results before transmitting them to BOEM. USACE and/or the County will conduct post -dredging survey of Borrow Areas Al and A2 on St. Lucie Shoal within 60 calendar days after the completion of dredging. BOEM recommends that USACE and/or the County conduct additional bathymetric surveys of Borrow Areas Al and A2 on St. Lucie Shoal 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. U SACE and/or the County 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. 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 Areas Al and A2 on St. Lucie Shoal as defined in this MOA. USACE and/or the County 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 and/or the County 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 Areas Al and A2 on St. Lucie Shoal 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. 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 and/or the County 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 (e.g., .bag, .tiff, .asc). 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 10 Page 28 of 47 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. USAGE and/or the County 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. 12. Avoidance of Archaeological and Other Resources Offshore Prehistoric or Historic Resources There are no known archaeological resources in Borrow Areas Al or A2. If the Parties discover any previously unknown historic or archeological resources while accomplishing the Project, USACE will 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 discover any archaeological resources while conducting dredging or other bottom -disturbing operations in Borrow Areas Al and A2 on St. Lucie Shoal, USACE will immediately and electronically report the discovery to the Marine Minerals Division Chief at BOEM (see contact information above). 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 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. 11 Page 29 of 47 Table 2. Coordinates for Area to be Avoided during Dredging Operations within Borrow Area At (See Attachment 1) 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 Title IV Provision (D)(15), USACE and/or the County will submit a project completion report to BOEM within 120 calendar days following completion of the activities authorized under this MOA. USACE and/or the County 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 (as well as the engineering firm (if applicable), and the contractor), including contact information (phone numbers, mailing addresses, and email addresses); • a narrative including the location, construction costs, 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 (e.g., dredge, booster pumps, bulldozer); • a list and description of any safety -related issues or accidents reported during the life of the Project, including any circumstances that required exercise of the MEC Protocol and detailed after -action information regarding the MEC encounter and application of the MEC Protocol. This should include any daily reports and a final summary from the entity handling MEC encounters; • a narrative and any appropriate information to verify implementation of ECM requirements and describe any environmental monitoring associated with the Project; • a narrative and any appropriate shapefrles defining areas of the borrow area deemed unsuitable during the course of the Project (if applicable); 12 Page 30 of 47 • 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 In addition to a point of contact identified in Title IV Provision (B) for receipt of notifications, USACE and / or the County 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. This person will serve as the Compliance Officer. USACE and / or the County will provide this contact information to BOEM, electronically, at least 30 calendar 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 Title IV Provision (D)(16). 15. Sharing of Information Consistent with the purpose stipulated by the Parties in Title 11, and to the extent allowed by law, policy and regulation, BOEM, USACE, and the County 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 Party as expeditiously as possible, and (3) agree to work to ensure that all required completion report information is received. 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 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 providing 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 its obligations under this MOA or if the information is necessary for the requesting Party to fulfill its 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. 13 Page 31 of 47 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 among the Parties 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 Title IV Provision (D)(16). With regard to third -party requests for information produced or shared in accordance with this MOA, the request will be addressed in accordance with applicable law. If the Party 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 within seven (7) business days. 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 Party of the terms and conditions as specified herein, the Party alleging the disagreement or breach will state the area(s) of disagreement or alleged breach in writing and present such statement to the other Parties for consideration. If dispute resolution is not successful within thirty (30) calendar days and if appropriate under 30 CFR 583.330 and 583.350, BOEM may suspend or terminate the Agreement, refer the matter to appropriate Federal or State agency for enforcement, or both. The BOEM Director reserves the right to immediately suspend and subsequently terminate this Agreement pursuant to 30 CFR 583.350(b). 17. Miscellaneous This MOA is not intended to affect any pre-existing or independent relationships or obligations among DOI, USAGE, and the County, including any other relationships or obligations between BOEM and USACE, or any other units of DOI or the Department of the Army. All rights in Borrow Areas Al and A2 on St. Lucie Shoal not expressly granted to USACE and the County are hereby reserved to BOEM. BOEM reserves the right to authorize other uses in Borrow Areas Al and A2 on St. Lucie Shoal 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 any portion of St. Lucie Shoal while this MOA is in effect. If any Party to this MOA makes a request for a separate negotiated agreement for the use of OCS sand resources in any portion of St. Lucie Shoal, 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 DOI, USACE, or State 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. Any MOA amendment can be requested in writing by any Party and will not go into effect unless and until the other Party agrees. 14 Page 32 of 47 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. [Signature Pages to follow.] 15 Page 33 of 47 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 CONSTRUCTION OF THE ST. LUCIE COUNTY, FLORIDA COASTAL STORM RISK MANAGEMENT PROJECT BOEM Negotiated Agreement No. OCS-A 05XX Megan Carr, PhD, CPG Chief, Office of Strategic Resources Bureau of Ocean Energy Management Department of the Interior Date: Signatory Page Brandon L. Bowman Colonel, U.S. Army District Commander Date: St. Lucie County, Florida LI-A Date: , Erosion District Chair Page 34 of 47 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 CONSTRUCTION OF THE ST. LUCIE COUNTY, FLORIDA COASTAL STORM RISK MANAGEMENT PROJECT BOEM Negotiated Agreement No. OCS-A 05XX Megan Carr, PhD, CPG Chief, Office of Strategic Resources Bureau of Ocean Energy Management Department of the Interior Date: Signatory Page Brandon L. Bowman Colonel, U.S. Army District Commander Date: St. Lucie County, Florida LI-A Date: , Erosion District Chair Page 35 of 47 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 CONSTRUCTION OF THE ST. LUCIE COUNTY, FLORIDA COASTAL STORM RISK MANAGEMENT PROJECT BOEM Negotiated Agreement No. OCS-A 05XX Megan Carr, PhD, CPG Chief, Office of Strategic Resources Bureau of Ocean Energy Management Department of the Interior Date: Signatory Page Brandon L. Bowman Colonel, U.S. Army District Commander Date: St. Lucie County, Florida LI-A Date: , Erosion District Chair Page 36 of 47 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 CONSTRUCTION OF THE ST. LUCIE COUNTY, FLORIDA COASTAL STORM RISK MANAGEMENT PROJECT BOEM Negotiated Agreement No. OCS-A 05XX Megan Carr, PhD, CPG Chief, Office of Strategic Resources Bureau of Ocean Energy Management Department of the Interior Date: Signatory Page Brandon L. Bowman Colonel, U.S. Army District Commander Date: St. Lucie County, Florida I: Date: Erosion District Chair Page 37 of 47 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 CONSTRUCTION OF THE ST. LUCIE COUNTY, FLORIDA COASTAL STORM RISK MANAGEMENT PROJECT BOEM Negotiated Agreement No. OCS-A 05XX Megan Carr, PhD, CPG Chief, Office of Strategic Resources Bureau of Ocean Energy Management Department of the Interior Date: Signatory Page Brandon L. Bowman Colonel, U.S. Army District Commander Date: St. Lucie County, Florida LI-A Date: , Erosion District Chair Page 38 of 47 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 CONSTRUCTION OF THE ST. LUCIE COUNTY, FLORIDA COASTAL STORM RISK MANAGEMENT PROJECT BOEM Negotiated Agreement No. OCS-A 05XX Megan Carr, PhD, CPG Chief, Office of Strategic Resources Bureau of Ocean Energy Management Department of the Interior Date: Signatory Page Brandon L. Bowman Colonel, U.S. Army District Commander Date: St. Lucie County, Florida LI-A Date: , Erosion District Chair Page 39 of 47 [This page intentionally left blank] Page 40 of 47 d0 3doas S3SOd A'INO aOd21t1d WinnowWinnowNmom "; 7a Noiio 'dISNOO UOd LON 4 fr / F 1 0" i// 1 P" ON-/ Y07 NC BR � Pv P� c° Z z Z z i) O CY U w 4` Z '.. U) U rn R`JFP c¢ O ct U _O ct U ct O O U U O O U U I-� C/1 IA N%nd 'VgVV MOMMOO d -ij 'AiNnoo mon-vis N0110MU qNO') HOJ ION ONVISI NOSimpinm minos I.I. ilhH,"3d,')OMd"30"1 103rOHd IN3W30VNVW MSIH WWOIS IVISVOO Cf) Lu Z y ) Lli "�1�ttiti� � 1 6 1 � I��il�f If '41 4, —Z v oz, 0 0 lu 0 V P �t 11 R R R S. �Kt N N E 'hN R WC ',7 muni it A 1818FaH cz U ct ap 4.1 Z3 O ct 0 t- 0 0 CN Nt W 0) M a_ [This page intentionally left blank] Page 43 of 47 TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Erosion District Joshua Revord, Port, Inlet & Beaches Director Port, Inlet & Beaches Resolution — State Beach Funding Request 2025-4394 DATE: 7/22/2025 The Beach Management Funding Assistance Program (BMFA) is a Long -Range Budget Plan administered through the Florida Department of Environmental Protection (FDEP) to assist eligible local governments with their beach erosion control projects. Each application request must include a detailed project description, cost estimate, and a supporting resolution from the governing body. Individual projects then receive a priority ranking based upon several criteria. The application submittal deadline for consideration of FY-2026/27 State funding is July 31, 2025. A Board resolution must be received prior to September 26, 2025. More detailed information will accompany the actual funding applications to FDEP. Staff intend on requesting funding for the following projects/efforts: Project: Fort Pierce Beach Effort: 2026 Physical and Biological Monitoring FDEP Funding Request (est.): $175,000 (50%) Local Match Share (est.): $175,000 (50%) Project: Fort Pierce Beach Effort: 2026 Fort Pierce Section 203/403 PED FDEP Funding Request (est.): $280,000.00 (50%) Local Match Share (est.): $280,000.00 (50%) Federal Share (est.): $1,040,000 (Total project cost estimated at $1,600,000) Project: South County Beach Effort: 2026 Physical and Biological Monitoring - Year 1 (Post -Construction) FDEP Funding Request (est.): $ 228,322.50 (43.49%) Local Match Share (est.): $296,677.50 (56.51%) Please note that the funding request values above are estimated, utilizing the best available information at the time of consideration. Generally, staff intends on pursuing post -construction monitoring assistance for the project application above. Specific funding requests are subject to change based on project specific needs at the time of final application submission. Page 44 of 47 PREVIOUS ACTION: The Erosion District has annually submitted beach funding requests to the State of Florida Department of Environmental Protection (FDEP) to sustain a very successful beach and inlet management program. FINANCIAL IMPACT: This agenda item is for approval to submit a 2026/2027 Beach Management Funding Assistance (BMFA) request(s) and a supporting resolution to the State of Florida (FDEP). There are no financial impacts to the County at this time. If the funding request(s) are approved by the State, staff will return to the Erosion District Board for acceptance of funding and to confirm that there are sufficient local matching funds. RECOMMENDATION: Staff recommends Board approval to 1) submit the Beach Management Funding Assistance (BMFA) Program funding application request(s) to the State of Florida (FDEP) for FY-2026/27 along with the attached supporting Resolution (RES-2025-137), and 2) authorization for the Chair to sign documents as approved by the County Attorney. This is in accordance with Strategic Plan Policy ES 6.1.4. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: July 14, 2025 Joshua Revord, Port, Inlet & Beaches Director Date: July 14, 2025 Jennifer Hill, Office of Management & Budget Director x Date: July 15, 2025 Daniel McIntyre, County Attorney Date: July 15, 2025 Mayte Santamaria, Deputy County Administrator Page 45 of 47 Page 46 of 47 RESOLUTION 2025-137 A RESOLUTION OF THE ST. LUCIE COUNTY EROSION DISTRICT AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR FISCAL YEAR 2026/27 FUNDS UNDER THE FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM; SETTING FORTH FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the St. Lucie County Erosion District ("District") and the Florida Department of Environmental Protection (11FDEP11) have adopted the Fort Pierce Inlet Management Plan and desires to implement the recommendations contained therein; and, WHEREAS, the District has established a Long -Range Budget Plan for the Florida Beach Management Funding Assistance Program and desires to implement specific projects contained therein; and, WHEREAS, under the provisions of Section 161.101, Florida Statutes, FDEP accepts and processes applications for the Florida Beach Management Funding Assistance Program; and, WHEREAS, under the Program guidelines of the Florida Beach Management Funding Assistance Program, the District is required to submit a supporting resolution with their application request. NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Erosion District as follows: 1. FDEP is requested to approve and support the maximum State funding allowed for this application request for Fiscal Year 2026/27. The District will provide the required local share in accordance with the State Legislature's appropriation. 2. This Resolution shall take effect immediately upon its adoption. AFTER MOTION AND SECONDED, the vote on this Resolution was as follows: Chair James Clasby Vice -Chair Larry Leet Commissioner Jamie Fowler Commissioner Cathy Townsend Commissioner Erin Lowery PASSED AND DULY ADOPTED this 22 day of July ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY Page 47 of 47