I. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan – Mr. Keith Ng, City of Miami Department of Capital Improvements, was unable to attend today’s meeting. Ms. Christine Hopps, DERM, stated the status of this item is the same, as DERM has not received any new information since last month’s SSC meeting. Mr. Bibeau cited the SSC’s December 6, 2009 meeting in which, “Ms. Hopps noted CH2M Hill had indicated they would be submitting revised turbidity control plans, manatee control plans, updated sketches and sampling technique data to DERM.  Ms. Hopps added that upon review of these items, DERM would get back to CH2M Hill and the City of Miami with a formal response.” Mr. Bibeau asked if the aforementioned items had been submitted to DERM, and Ms. Hopps replied no. Mr. Bibeau asked if DERM was waiting to receive any additional supplementary materials, and Ms. Hopps replied an additional item, specifically an ownership affidavit signed and executed by the project applicant-which in this case is the City of Miami- is required as a component of the City of Miami’s submitted Permit application - prior to DERM issuing the prepared Class I Permit.  Mr. Abdelrahman explained it is presumed that the City of Miami is the owner of the submerged land, and therefore it is expected that the permit will be issued to the City of Miami.  Mr. Abdelrahman stated he believed the signed ownership affidavit is required as standard operating procedure from the owner of the previously submitted permit application process, and is not an additional requested document.  Ms. Hopps performed a quick check within two of multiple volumes of submitted permit application materials, and was unable to locate the City of Miami signed and executed ownership affidavit, but agreed to look into the remaining volumes in the near future because it is a required document and would need to be provided for the permit to be issued.  Mr. Bibeau thanked DERM for preparing the language to issue the Class I permit to dredge Wagner Creek and Seybold Canal.

Mr. Bibeau stated he had reported last month that on October 16, 2009, Mr. Mayorga, DERM, sent a letter to City Manager Pete Hernandez, indicating “Failure to adhere to the items and timeframes stipulated above may result in enforcement action for the site.” (which include as stated on page 2, “III.  Within 120 days of receipt of this correspondence implement the CAP as approved.” Mr. Bibeau noted that 120 days from October 16, 2009 is roughly mid-February 2010.  Ms. Hopps and Mr. Abdelrahman stated Mr. Mayorga is from a different division within DERM.

II. Update on the Development of a Basin Management Action Plan (BMAP) for Wagner Creek – MRC staff noted staff had received an email from Ms. Diane Waters, City of Miami Public Works, indicating she would not be participating in today’s meeting as she was on leave until January 11, but had sent the updates to Ms. Estevez for her review prior to submission to the Stormwater Subcommittee for inclusion in the minutes. Contact information for Ms. Estevez was provided so that the Commission could contact her with any questions. The Item was deferred to the SSC’s next monthly public meeting on Wednesday, February 3, 2010, 10 AM at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor.

III. Discussion of Alternative Methods for Pollutant Source Tracking – Mr. Abdelrahman reported DERM is waiting on the City of Miami to implement the methodology/technique suggested by the State (FDEP), such as the “Walk the WBIDs” (Water Body Identification) process. Mr. Abelrahman explained this process involves conducting site visits in order to visually identify potential sources of contamination and documenting them. Mr. Bibeau asked if this method has been accepted by the City, and Mr. Abdelrahman replied this method has not been accepted, it was solely recommended by the State. Mr. Bibeau cited the SSC December 6, 2009 meeting minutes in which Ms. Waters “explained that consensus would probably need to be developed among the City, Miami-Dade County and FDEP to determine how the “Walk the WBIDs” method could potentially be applied along the Wagner Creek watershed.” Mr. Bibeau asked DERM if they had an opinion on how the City should potentially apply the “Walk the WBIDs” method along the Wagner Creek watershed, and Mr. Abdelrahman noted that no official opinion had been issued by the county, but all that he could personally recommend at this time was for the city to begin “looking around” and documenting any potential sources of contaminants. Ms. Perez asked if DERM is waiting for the City to submit a proposal for this method-perhaps to obtain the county’s input-and Mr. Abdelrahman replied he did not believe the City needs the county to “weigh in” on their selected method, as the City needs to fulfill the requirements as part of the City’s NPDES permit. Mr. Abdelrahman added that if the City solicits the county’s opinion or wishes for them to further review anything then the County would be happy to oblige.  Ms. Perez stated the city essentially does not need the county’s approval to select a potential methodology, such as “Walk the WBIDs,” and Mr. Abdelrahman replied that statement was accurate.

IV. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – Ms. Perez reported that unfortunately not much progress was made during the holidays, and the SFWMD had recently assigned more staff to perform this task. Ms. Perez stated she hoped to have more information to report next month. Mr. Abdelrahman asked Ms. Perez to provide an updated list of tributaries. Ms. Perez noted that once the SFWMD reviews the records, they will engage the City and County and ultimately reach consensus on who owns and is legally responsible to maintain the Miami River’s tributaries and canals. Mr. Bibeau thanked the SFWMD for their efforts.

V. New Business –The following items were discussed:

• Mr. Bibeau reported MRC staff had submitted a $50,000 request from the Elizabeth Ordway Dunn Foundation and was awarded $10,000-of which $9,300 will be used for Scavenger Water Decontamination Vessel Services on the Miami River and $700 to charter an environmental and historic educational Miami River Boat Tour for local students.  Consistent with the last Scavenger contract terms, Mr. Bibeau noted the $9,300 will equate to 17 days of service, three hours per day at a rate of $200 per hour is 46.5 paid hours and 5 additional free hours for a total of 51.5 hours.  Mr. Bibeau noted the MRC has recommended acceptance of this grant and added the minor amendments of increasing the funding by $9,300 and extending the timeline.
• MRC staff noted as discussed in previous SSC meetings, the persistent strong odor of sanitary sewer remains prevalent along South River Drive, from NW 5th and 7th Street.  There are major sanitary sewer lines that proceed beneath South River and North River Drive, which transfer sanitary sewer waste to the major sanitary sewer pump station on the Miami River.  Testing indicates the Miami River exceeds healthy standards for ecoli bacteria, and sanitary sewer contains high counts of ecoli bacteria.  Therefore the issue is both quality of life for the area’s apartments and businesses and potentially environmental as the odor maybe an indication of a potential leak of sanitary sewer into the Miami River and its adjacent upland where the odor is strong.  Mr. Abdelrahman agreed to assist MRC staff in reaching out to the Miami-Dade Water and Sewer Department, specifically Mr. Rod Lovett, to address this continuing odor problem.
• Ms. Ashley Chase, MRC Assistant Managing Director, noted that Miami River Basin Water Quality Improvement Quarterly Reports will be presented next month.

The SSC confirmed its next regularly scheduled first Wednesday of the month, 10 AM, publicly noticed meeting for Wednesday, February 3, 2010, 10 AM at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor. The meeting adjourned.

I. Presentation ofMiami River Basin Water Quality Improvement Plan Quarterly Progress Reports - Mr. Omar Abdelrahman stated DERM is no longer sampling or evaluating water quality based on total coliform, and instead has moved towards the state’s criteria for fecal coliform. Mr. Abdelrahman noted that as soon as he revises DERM’s quarterly report based on these criteria, he will email it to MRC staff prior to presenting.  Ms. Ashley Chase, MRC Assistant Managing Director, noted Ms. Diane Waters, City of Miami Public Works, had emailed her quarterly report on February 2.  Mr. Abdelrahman stated he had received Ms. Waters’ report, but didn’t have a chance to review it yet. Ms. Amy Tracy, calling in from Florida Department of Environmental Protection’s (FDEP) headquarters in Tallahassee, stated she had not received a copy, and Ms. Chase stated she would forward one to her.  Mr. Bibeau stated it was his understanding from the email that Ms. Waters had only emailed her portion/component of the City’s report, on behalf of Public Works.  Mr. Bibeau noted the second component of the City’s report, which includes updates on behalf of the City of Miami’s separate Department of Capital Improvements (CIP), had not been received.  In addition, Mr. Bibeau noted the title of the electronic file which Ms. Waters had emailed reads, “Fourth Quarter,” which he believed to be accurate, but the title written on the top of each page of the enclosed document reads “Second Quarter.”

The SSC attendees therefore deferred presenting the agencies “Miami River Basin Water Quality Improvement Plan Quarterly Progress Reports” to the March 3, 2010 MRC Stormwater Subcommittee’s public meeting.

II. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan – Ms. Christine Hopps, DERM, stated DERM had received the requested information from CH2M Hill and was in the process of reviewing it.  Mr. Bibeau referred to page one of the January 6, 2010 SSC meeting minutes in which he had cited the SSC’s December 6, 2009 meeting minutes, which indicated the four remaining items DERM had requested from CH2M Hill: 1) revised turbidity control plans; 2) revised manatee control plans; 3) updated sketches and 4) revised sampling technique data.  In addition, Mr. Bibeau noted a fifth item was added after being requested by DERM: an executed ownership affidavit signed by the City of Miami.  Mr. Bibeau stated it was his understanding that the City of Miami / CH2MHill’s recent 61-page submittal which Ms. Hopps has confirmed receipt of, includes all five of the aforementioned items for example the re-submitted City of Miami executed ownership of Seybold Canal and Wagner Creek affidavit, which was previously provided to DERM in the City’s permit application.  Ms. Hopps stated DERM has not reviewed the submittal in its entirety, but noted there will be some minor corrections made to the submitted revised manatee plan in conjunction and communication Florida Fish & Wildlife and U.S. Fish & Wildlife.

Mr. Bibeau stated it was his understanding that FDEP has one additional remaining, outstanding item which they require to issue their permit: an access agreement to be executed between the City of Miami and Miami-Dade County.  Mr. Bibeau noted he was informed the City’s Assistant CIP Director, Mr. Gary Fabrikant, is currently working on executing the access agreement on behalf of the City, and asked who was working on executing the access agreement on behalf of Miami-Dade County. Mr. Ng noted he received an email from Hamilton Hicks, City of Miami CIP (Assistant to Gary Fabrikant) indicating Assistant County Attorney Mr. Jorge Martinez-Estevez and Mr. Miguel de la Torre, County GSA, are currently coordinating with the City to execute the access agreement required by FDEP prior to issuing their permit for the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Clean-Up Project.  Mr. Bibeau asked Ms. Tracy if she had any updates on behalf of FDEP, and Ms. Tracy noted she believed Mr. Benny Ludeke in FDEP’s Southeastern District Office, is handing the permit on behalf of FDEP, and added she had emailed him earlier this morning to request an update.  Mr. Bibeau offered his assistance on behalf of the MRC to help facilitate the execution of the required access agreements or any additional documents needed to obtain execution of the project’s drafted permits.

Mr. Bibeau deferred to Mr. Ng to provide additional any information/updates on this item. Mr. Ng reported that on October 16, 2009, Mr. Mayorga, DERM, sent a letter to City Manager Pete Hernandez, indicating that the Corrective Action Plan (CAP) was approved with certain conditions, and “Failure to adhere to the items and timeframes stipulated may result in enforcement action for the site (which include as stated on page 2, III, Within 120 days of receipt of this correspondence implement the CAP as approved).” Mr. Ng noted this action is ongoing, as a letter from City Manager Pete Hernandez is currently awaiting signature, but should be submitted-along with additional attachments and responses-by the end of the week and delivered to DERM by Monday.  Mr. Ng stated the drafted letter accepts all remaining conditions to obtain the permits necessary for the City of Miami to bring the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Clean-Up Project to fruition.  Mr. Bibeau noted that would be great, as it falls just before the DERM’s aforementioned 120-day deadline which expires in mid-February.

Mr. Bibeau noted the aforementioned permits (DERM and FDEP), which in essence have already been drafted and are awaiting signature, are required for two different potential $1 million funding sources: The Florida Inland Navigation District (FIND) and the South Florida Water Management District (SFWMD).  Mr. Bibeau noted the City of Miami can apply to the FIND grant, which expires on April 1. Mr. Bibeau noted FIND staff has determined in writing that the project meets the criteria for FIND funding eligibility and FIND Commissioner Spencer Crowley generally supports the project.  Mr. Bibeau noted the other opportunity involves the City of Miami recapturing the previously appropriated and understandably reprogrammed $1 million for the project from the SFWMD.  Mr. Bibeau noted both these opportunities require that permits be fully executed for the Wagner Creek Seybold Canal Maintenance Dredging and Environmental Clean Up Project prior to considering these $1 million appropriations.  Ms. Lucy Perez, SFWMD, stated the City has not formally approached the SFWMD regarding the re-consideration of this previous funding, and did not have any further updates at this time.  Mr. Bibeau noted the City currently has a $2 million appropriated line item in the bank for this project, plus a potential $1 million from FIND and potential $1 million from the SFWMD, leaves a $16 million balance for the estimated $20 million project, which the City is seeking from federal funding sources. Mr. Bibeau stated he will try to brief the new Honorable City of Miami Mayor Regalado and Honorable District Commissioner, Reverend Dunn, on this item.

III. Update on the Development of a Basin Management Action Plan (BMAP) for Wagner Creek – Ms. Tracy explained the specific term “BMAP” was not applicable, as FDEP is not requiring the City of Miami to conduct a full scale BMAP in Wagner Creek, and instead prefers to use alternate TMDL implementation options that the City of Miami has at their disposal, which would be more of a decision document, and is looking to the locals to take the lead-with support from FDEP-in tributary assessment and investigative techniques as a way of characterizing what pollution sources are or are not in the water basin at this time. Ms. Tracy asked if there was any interest in forming a locally lead team to essentially employ some of the “Walk the WBIDs” (Water Body Identification) techniques-which are very cost effective - in order to help identify any potential pollutant sources into Wagner Creek.

Ms. Waters asked MRC staff if they had received her email report, and they replied yes. Ms. Waters read the following report into the record: “Preliminary analysis of the illegal dumping data from 2005 to September 2009 is complete. The initial data do not indicate a disproportionate amount of illegal dumping in the Wagner Creek watershed as compared with the overall City. Currently the Public Works Department is in the process of validating the results and may perform additional analyses.” Ms. Tracy asked Ms. Waters to clarify “illegal dumping,” and Ms. Waters explained illegal dumping is based on information submitted/reported by citizens to the 3-1-1 system, a county-wide complaint line, and can constitute the physical act of dumping trash on the ground, public right-of-way or in the storm sewer system.

Ms. Tracy stated she has previously shared with DERM and the City some reports documenting in-field assessments associated with “Walk the WBIDs,” and mentioned she has indicated several times FDEP’s enthusiasm regarding this approach, as it is very cost-effective and seems to be an appropriate application for the Wagner Creek watershed.  Ms. Tracy described the “Walk the WBIDs,” process which includes 1) conduct a pre-planning session to review stormwater and sewer infrastructure maps and as built drawings (along with the local hydrology) in order to determine any potential problems; 2) scheduling a date-usually one full day- with pertinent members/local personnel of different agencies (i.e. FDEP, DERM, Stormwater and sanitary sewer representatives from the respective local agencies, City and County, City and County Public Works, County Water and Sewer Department, the South Florida Water Management District, the Florida Department of Transportation, Department of Health, an experienced water sampler, possible law or code enforcement officer, etc.) to tour the watershed-upstream to downstream along the shorelines and perhaps within the immediate area-using a GPS unit, a camera, and some field notebooks 3) report/identify potential illicit connections, dense vegetation, areas with high trash content, sedimentation, turbidity plumes, etc. 4) follow up on “laundry list” of potential sources of fecal coliform and related items to be rectified; 5) conduct a post “Walk the WBIDs” meeting to review findings and determine future courses of action to address and remediate any pollution sources identified via Walking the WBIDs.

Ms. Waters asked who would be providing the sampling - as the City of Miami does not have this capability nor available funding for sample analysis.  Mr. Abdelrahman replied perhaps DERM could be of some service and he wanted to conduct the recommended Walk the WBID along the Wagner Creek Water Basin (DERM already tests monthly at three locations along Wagner Creek and Seybold Canal – results included in DERM’s quarterly Miami River Basin Water Quality Improvement Plan Progress Reports).  Ms. Tracy noted if the local community was interested in putting the “Walk the WBIDs” process together on Wagner Creek and Seybold Canal, she would certainly be willing to talk internally with FDEP to see if the district office could provide some sampling support.  Ms. Waters asked if Genetic Testing would be required as part of the Walk the WBID process, and Ms. Tracy replied no.

Mr. Abdelrahman asked if it made a difference what time of year / season and related rain fall the “Walk the WBIDs” process should be conducted in, and Ms. Tracy replied the season is not incredibly important and suggested considering this summer for the Wagner Creek Water Basin. Mr. Abdelrahman mentioned the neighboring fruit and vegetable market which he suspects may be contributing to the pollution problem, on a seasonal basis.  Ms. Tracy suggested that the local field team follow-up on this area.

Ms. Waters noted there are numerous privately-owned properties along Wagner Creek and Seybold Canal of which the local “Walk the WBIDs” team would not be able to access without obtaining access agreements from the private owners.  Ms. Tracy noted FDEP has experienced similar situations in other Walk the WBID efforts along highly urbanized areas, such as Jacksonville, and had obtained access agreements from some of the homeowners. Though FDEP was unable to obtain access to 100% of the private properties, enough information was still collected at the sites where access was gained in order to rule out or confirm areas as sources of pollution.  

Ms. Tracy explained the “Walk the WBIDs” exercise is not being mandated by FDEP, and is merely a suggestion. Ms. Tracy stated FDEP is willing to provide the local community some support for its implementation.  Ms. Waters asked if FDEP is willing to help secure access agreements from private property owners.  Ms. Tracy explained it would be easier for the local community to pinpoint any potential access issues vs FDEP, with headquarters in Tallahassee. On behalf of the MRC, Mr. Bibeau offered to provide assistance in obtaining access agreements for the privately owned properties. Mr. Salvador Escalon, a resident along Seybold Canal, stated he would be more than happy to grant access to his property and help supporting securing access agreements with his neighbors’ properties.  Mr. Bibeau noted Mr. Charlie Hand, another resident of Seybold Canal, whom was long championed the completion of the Wagner Creek and Seybold Canal dredging project, may also be willing to grant access to his property.  Mr. Bibeau noted there are lots of currently publicly accessible places along the Wagner Creek and Seybold Canal watershed, which would not require access agreements such as NW 20th Street (both shores), NW 15 Ave (dead ends into Wagner Creek east shoreline), NW 19th Terrace and NW 19 ST (east side), NW 15th (both shores), public greenway on west side of new UM facility on NW 14 ST, SR-836 to NW 11th Street (west shoreline), Point Park (west shoreline).

The SSC agreed to accomplish the following goals before next month’s meeting: 1) Ms. Tracy to verify with supervisors if FDEP would be willing and able to support a sampling effort for the “Walk the WBIDs” exercise and write up a description of the process 2) Mr. Abdelraham to confirm cost per sample (estimated $16 per sample with FL Environmental) for bacteriological testing and consult with supervisors to determine if additional funding would be needed for additional sampling; 3) Ms. Waters to speak to supervisor regarding feasibility of conducting “Walk the WBIDs” exercise along Wagner Creek and Seybold Canal

Mr. Bibeau noted if only funding for limited sampling / lab analysis is needed for the agencies to conduct the Walk the WBID, perhaps the MRC board would consider funding up to 200 samples ($16 per sample x maximum 200 samples = $3,200) for this effort designed to identify the pollution sources needed to be rectified in order to environmentally remediate and improve upon the long term poor water quality in Wagner Creek and the Seybold Canal.  Ms. Tracy noted in another Walk the WBID effort, only an estimated 15 samples were taken.

The SSC agreed to change this future standing agenda item to “Discussion of Conducting a Walk the WIBDs for Wagner Creek”

III. Discussion of Alternative Methods for Pollutant Source Tracking – Ms. Waters provided the following report: “The Public Works Department has contacted various local universities to determine whether their laboratory facilities could assist with a source tracking effort. On the recommendation of one of the universities, the City also contacted NOAA, which has experience performing microbial analysis. The NOAA lab is able to perform several additional microbial analyses that could help identify the source of the fecal coliforms in Wagner Creek.”

IV. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – Ms. Perez reported the SFWMD is finalizing research of Wagner Creek and Seybold Canal, and upon completion, will continue researching the other Miami River tributaries and canals.  Ms. Perez noted the most recent emailed research results from SFWMD again indicated and reconfirmed the City of Miami is the owner and legally responsible for the maintenance of Wagner Creek, which is consistent with the executed ownership affidavit the City of Miami submitted with their permit application for the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Clean-Up Project. Mr. Bibeau thanked the SFWMD for their continued efforts.

V. New Business –The following items were discussed:

• Mr. Bibeau reported the MRC had received a submitted $10,000 from the Elizabeth Ordway Dunn Foundation -of which $9,300 will be used for Scavenger Water Decontamination Vessel Services on the Miami River. Mr. Bibeau noted the Scavenger contract was recently amended to increase the funding by $9,300, which will equate to 17 days of service, three hours per day at a rate of $200 per hour is 46.5 paid hours and 5 additional free hours for a total of 51.5 hours. 
• Mr. Bibeau thanked the Miami-Dade Water and Sewer Department (WASD) and DERM whom inspected the MRC staff report made during the January SSC meeting, and upon subsequent inspection of the subject riverfront area identified a leak, a hole in the ground above the sanitary sewer line and a clog, which had been causing the persistent strong sanitary sewer odor along South River Drive, from NW 5th and 7th Street.  Mr. Bibeau noted the WASD removed the clog by clearing the line using a sanitary sewer vacuum truck, and now the WASD was working on fixing the leak in the sanitary sewer line and patching up the hole in South River Drive directly above the large sanitary sewer lateral which connects into their riverfront sanitary sewer pump station.
• Mr. Bibeau stated he had received authorization from the City of Miami to install the 80 stainless steel “No Dumping, Drains to River” stormdrain markers/discs-which had been ordered by the MRC-adjacent to storm drains along the Miami River and its tributaries.  Mr. Bibeau estimated installation to be completed this fiscal year (prior to September 30, 2010)
• MRC staff invited everyone to the FREE 14th annual Miami Riverday festival, which will be held on Saturday, April 10, 11 am to 4 pm in the Lummus Park Historic District, 250 NW North River Drive. The festival will feature free riverboat rides, historical tours and re-enactments, environmental education, children activities, live music, etc.

The SSC confirmed its next regularly scheduled first Wednesday of the month, 10 AM, publicly noticed meeting for Wednesday, March 3, 2010, 10 AM at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor. The meeting adjourned.

I. Presentation ofMiami River Basin Water Quality Improvement Plan Quarterly Progress Reports – DERM’s recently submitted three quarterly “Miami River Basin Water Quality Improvement Plan Quarterly Progress Reports”  covering April-June, July September, October – December 2009, and the City of Miami’s Quarterly Progress Report covering October-December 2009, were emailed to attendees in advance of the meeting.  Mr. Omar Abdelrahman, DERM, stated he had inadvertently emailed a draft version of the Fourth Quarterly Progress Report, 2009 (October-December), and would provide the final version of that report soon.  Mr. Bibeau stated the final reports will be uploaded on the MRC’s website.  Mr. Bibeau asked Mr. Abdelrahman if he had any important items or issues to highlight, and Mr. Abdelrahman replied no, yet encouraged everyone to contact him directly should they have any questions or comments.  Mr. Bibeau asked if anyone would like to ask any questions or discuss any of the items at this time and none were asked.

II. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan – The SSC welcomed Mr. Benny Luedike of FDEP’s Southeastern District Office, whom is handing the permit on behalf of FDEP and has been working closely with Mr. David Cole, CH2M Hill, and the City of Miami. Mr. Luedike stated FDEP requires the City and County to execute an access agreement prior to issuing the project’s permits.  Mr. Ludeke stated the only other outstanding issue for FDEP are the final means for the project to provide manatee protection.

Ms. Hopps stated she had spoken to a Florida Fish & Wildlife representative whom is also coordinating with U.S. Fish & Wildlife Service and hopes to have their agencies final formal comments by next week, which she will add to the comments from DERM and then provide to Mr. Cole.  Ms. Hopps stated she had also touched base with Mr. Cole, and indicated that once DERM receives CH2M Hill’s replied comments, she will forward them to Ms. Umans in order to hopefully finalize the manatee plan and turbidity control.

Mr. Cole, CH2M Hill, stated he has a response ready to submit and is waiting to receive the executed access agreement that is still being negotiated between the City and County.  Meetings are ongoing between the City and County legal departments which are commenting back and forth and recently conducted a conference call on the issue.  

On behalf of the MRC, Mr. Bibeau thanked all the agencies for helping move this project forward and Mr. Luedike for his participation in today’s meeting.

Mr. Bibeau stated Mr. Wilbur Mayorga, DERM, had attended the MRC’s board meeting on Monday, March 1, and reported he had received a letter from the City of Miami dated January 26, 2010 accepting all the conditions to obtain the permits necessary for the City of Miami to bring the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Clean-Up Project to fruition.  Mr. Bibeau stated it was his understanding that this letter indicates the City’s acceptance of all remaining requirements by all environmental regulatory agencies to obtain the permits for this project.  The February 3, 2010 SSC meeting minutes include Mr. Ng, City of Miami Capital Improvement Department Project Manager for the Seybold Canal and Wagner Creek Maintenance Dredging and Environmental Clean-up Project, reported that on October 16, 2009, Mr. Mayorga, DERM, sent a letter to City Manager Pete Hernandez, indicating that the Corrective Action Plan (CAP) was approved with certain conditions, and “Failure to adhere to the items and timeframes stipulated may result in enforcement action for the site (which include as stated on page 2, III, Within 120 days of receipt of this correspondence implement the CAP as approved).” Mr. Bibeau stated that during the MRC meeting, Mr. Mayorga clarified that implementing the CAP within 120 days originally meant that the City needed to dredge Wagner Creek and Seybold Canal within this timeframe.  Just before the 120 day deadline elapsed, on January 26, 2010, the City sent the aforementioned letter to Mr. Mayorga.  The letter states, “The City of Miami is preparing to begin execution within 6 months.”  Mr. Bibeau noted it’s his understanding that DERM believes this means the City of Miami will begin execution of dredging in Wagner Creek and Seybold Canal within 6 months.  DERM accepted this timeline, essentially granting the first timeline extension. Mr. Bibeau reported Mr. Mayorga had added that because there is dioxin in the sediment, and since the City of Miami owns and is responsible for the Wagner Creek and Seybold Canal waterway, dredging is not a recommendation-but instead a requirement in order to remediate the contamination.  Mr. Bibeau noted the City currently has a $2 million appropriated line item in the bank for this project from the reoccurring stormwater utility fee, plus a potential $1 million from FIND and a potential $1 million from the SFWMD, leaves a $16 million balance for the estimated $20 million project, which the City is seeking from federal funding sources. Mr. Bibeau stated the City will be submitting an application to FIND by April 1.  Ms. Perez stated perhaps the City may have sent a letter to Mr. Ed Hernandez, seeking the return of the SFWMD’s previously appropriated $1 million for the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Clean-Up Project.  Ms. Perez offered to verify this information.

Mr. Bibeau noted other potential funding sources include the City and County Stormwater Utility Fees, and the City of Miami continuing to seek federal Economic Stimulus funding for this shovel ready, job generating, project which would significantly improve the economy of the waterways marine industrial businesses and natural environment.

Mr. Bibeau referenced pages 1-2 from the February 3, 2010 SSC meeting minutes, in which Ms. Hopps acknowledged her receipt of the 61-page submittal from CH2M Hill and the City.  Ms. Hopps stated the document has been reviewed and non-substantial revisions/comments will need to be made (i.e. adding an additional manatee observer or bubble curtain).  Ms. Hopps stated she expects to receive formal comments from the Florida Fish & Wildlife and U.S. Fish & Wildlife by early next week, which will be folded into DERM’s comments, and forwarded to Mr. Cole along with another round of non-substantial revisions and comments on the permit application regarding the same four issues 1) revised turbidity control plans; 2) revised manatee control plans; 3) updated sketches and 4) revised sampling technique data.  Mr. Bibeau stated it was his understanding that because the ownership affidavit has been received and accepted, the City is being considered the owner and is therefore the entity that would receive the permit. Ms. Hopps stated the City would receive the permit as long as the State isn’t claiming ownership to the submerged land. Mr. Bibeau asked Mr. Luedike if it would be acceptable to FDEP for the City to receive the permit they have applied for, and Mr. Luedike replied FDEP would grant the permit/proprietary authorization under a Letter of Consent for the State submerged lands portion located south of NW 11th Street to the Miami River.  Mr. Bibeau noted considering due to the sediment containing dioxin, DERM is requiring the owner, City of Miami, to remediate via requested removal / dredging, perhaps DERM for the same reasons requiring the State to remove their sediment which also contains dioxin in the State submerged land area south of NW 11 ST  as well.  Mr. Bibeau thanked everyone for their continued efforts.

III. Discussion of Conducting a Walk the WIBDs for Wagner Creek and Seybold Canal – Ms. Amy Tracy, FDEP, stated she had followed up with her supervisor Mr. Harold Moss, FDEP, to see if FDEP would be willing and able to support a sampling effort for the “Walk the WBIDs” exercise, and Mr. Moss had indicated that FDEP could not bear the financial burden of analyzing the samples-as they do not have funding available-but would be willing to provide personnel for the positive initiative.  Ms. Tracy therefore offered her support to organize the event. Ms. Tracy thanked Mr. Abdelrahaman for providing the cost per sample ($17) for biological testing. Mr. Bibeau asked Mr. Abdelrahman if DERM had agreed to participate in Walk the WIBDs, and Mr. Abdelrahman replied that DERM was ready to do it, yet did not have funding available to conduct sampling. Ms. Tracy stated Mr. Steve Blair, DERM, had indicated he had received support/agreement from upper management to participate in the Walk the WIBDs event. Mr. Bibeau stated he had received the following emailed update on this item from Ms. Waters, whom was unable to participate in today’s meeting therefore asked it to be read into the record: “I presented the idea to my supervisors and they are reviewing the proposal.”  Mr. Cole stated Mr. Keith Ng, City of Miami Capital Improvements Department, sends his regrets for not being able to participate in today’s meeting, as he is not feeling well.

Mr. Abdelrahman stated the Walk the WIBDs team will need to identify the location of all sewer and stormwater systems to determine where it would be more advantageous to take samples.  Ms. Tracy explained the Walk the WIBDs process includes conducting a pre-planning session to review stormwater and sewer infrastructure maps and as built drawings (along with the local hydrology) in order to determine any potential problems. Mr. Bibeau stated Mr. Abdelrahman had mentioned the neighboring fruit and vegetable market which he suspects may be contributing to the pollution problem, on a seasonal basis, and therefore suggested that the local field team follow-up on this area.

Ms. Tracy kindly agreed to submit a brief written description of the Walk the WIBDs process to Mr. Frances Mitchell, City of Miami Public Works Assistant Director, and copy Ms. Waters, MRC staff and SSC agency representatives.  Ms. Tracy noted FDEP’s NPDES Permit issued to the City of Miami requires the City explore sources of known contamination, and the Walk the WIBD’s method of seeking contamination sources is acceptable to FDEP in leu of the full Basin Management Action Plan process.

The SSC recommended that the Miami River Commission provide $1,700 in order to collect 100 samples for the Walk the WIBDs process (100 x $17 per sample). Mr. Bibeau asked Ms. Tracy if 100 samples would be sufficient, and Ms. Tracy replied yes. Ms. Tracy noted that follow-up activities for the Walk the WIBDs process can be expensive and therefore suggested working them into the agencies current maintenance schedules.  Ms. Tracy stated someone should serve as a the lead coordinating entity for all the agencies to communicate for this process, in terms of follow-up and coordination, and the SSC agreed to serve in that capacity.

IV. Discussion of Alternative Methods for Pollutant Source Tracking – In advance of the meeting, Ms. Waters emailed MRC staff asking for the following report on this agenda item to be read into the record: “No additional source tracking methods were identified.”

V. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – Ms. Perez reported the SFWMD had completed the second set of research of Wagner Creek and Seybold Canal and had forwarded it to her, as well as MRC Chairman Eric Buermann.  Ms. Perez noted she had not had a chance to review these documents.  Mr. Bibeau stated that since DERM had received an ownership affidavit for these properties from the City, the SFWMD should consider the ownership of that Miami River tributary as determined and consensus is reached.  Mr. Bibeau suggested taking up/researching the Tamiami Canal next, from the Salinity Dam (east of NW 42 Avenue) to the confluence of the Miami River.

VI. New Business –The following items were discussed:

• Mr. Bibeau noted the Miami City Commission had taken up an item at its February 11, 2010 meeting regarding an updated Stormwater Master Plan, and suggested having the City present this item at next month’s SSC meeting.
• Mr. Bibeau invited everyone to the FREE 14th annual Miami Riverday festival, which will be held on Saturday, April 10, 11 am to 4 pm in the Lummus Park Historic District, 250 NW North River Drive. The festival will feature free riverboat rides, historical tours and re-enactments, environmental education, children activities, live music, etc.

The SSC confirmed its next regularly scheduled first Wednesday of the month, 10 AM, publicly noticed meeting for Wednesday, April 7, 2010, 10 AM at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor. The meeting adjourned

I. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan –
The SSC welcomed Mr. Wilbur Mayorga, Miami-Dade County Department of Environmental Resources Management (DERM) Chief of the Pollution Control Division. Mr. Mayorga stated he had attended the Miami River Commission’s March 1 board meeting and reported the following: “On October 16, 2009, Miami-Dade County DERM approved the Corrective Action Plan (CAP) submitted by the City of Miami, subject to certain conditions. That approval, noted Mr. Mayorga, provided a specific timetable, specifically 120 days for the City to implement the CAP. Mr. Mayorga noted that on January 26, 2010, the City sent a letter to DERM indicating they would begin execution of the CAP to dredge Wagner Creek and Seybold Canal within 6 months.” Mr. Mayorga stated the City had submitted a minor modification to the CAP, which was approved by DERM on April 6, 2010. Ms. Chase asked if this modification would affect the proposed 6 month timetable, and Mr. Mayorga replied no. Mr. Mayorga noted the minor modifications, which included information on optional additional locations for water tight roll-off containers (for proper sediment disposal) were approved and the Coastal Resources Section was advised of these and directed to pursue with the completion of their review for the appropriate and applicable permit.

Ms. Chrissie Hopps, DERM, stated DERM is awaiting the final comments of the manatee protection plan/turbidity control, which is being reviewed by Ms. Kelly Owens of Florida Fish & Wildlife and Ms. Delta Harris of the U.S. Fish & Wildlife Service. Ms. Hopps noted she had touched base with Ms. Harris, who had indicated that no substantial changes will be made and noted they would verify the location of observers and clarify timing, etc. Ms. Hopps noted these final comments are expected to be received as soon as possible.

Ms. Chase referenced page 3 of the SSC’s March 3, 2010 meeting minutes and asked for an update of the “non substantial revisions and comments on the permit application regarding the same four issues:” 1) revised turbidity control plans; 2) revised manatee control plans; 3) updated sketches and 4) revised sampling technique data.  Ms. Chase noted the first two items were addressed earlier. Ms. Hopps noted the updated sketches

had been received, and noted she would check with Mr. Mayorga regarding the revised sampling technique data. Ms. Chase thanked everyone for their continued efforts.

II. Discussion of Conducting a Walk the WIBDs for Wagner Creek and Seybold Canal – Ms. Amy Tracy, FDEP, asked if everyone had received and reviewed the “Wagner Creek-Seybold Canal Walk the WIBD project” summary/overview, and the SSC attendees replied yes and thanked Ms. Tracy for the aforementioned information. Mr. Omar Abdelrahman, DERM, stated he and Ms. Diane Waters, City of Miami Department of Public Works, had a preliminary discussion as to some additional sites of concern that the team may want to look at during the Walk the WIBD exercise, such as the Allapattah fruit and vegetable market, Comstock Park, the Health District area, etc, which may be contributing to the pollution of Wagner Creek and Seybold Canal. Mr. Abdelrahman noted DERM was still considering if the Stormwater Section/Division (and those involved with the NPDES permit) should get involved with the Walk the WIBD exercise. Mr. Abdelrahman noted these entities would be able to provide the team with some drawings and GIS layout of the storm system, which they have available. Ms. Tracy noted this is a good idea and welcomed their participation.

Ms. Chase asked if it was accurate to report that DERM is supportive of participating in the Walk the WIBD exercise, and Mr. Abdelrahman replied yes. Ms. Chase asked if the same degree of “buy-in” is present at the City of Miami level, and Ms. Waters replied she had presented the concept to her Supervisor, whom may still have some questions (in part, regarding what the Walk the WIBD entails, etc.), but was receiving-in general-a favorable response to the exercise.

Ms. Chase asked how the Miami River Commission can serve in their capacity to help/facilitate the agencies to move towards their mutual goal of conducting the Walk the WIBD exercise in a timely fashion. Ms. Tracy expressed that it is probably better to conduct the Walk the WIBD exercise sooner than later due to weather concerns. Mr. Abdelrahman noted that perhaps it would be better to conduct the exercise in the rainy season, where “problems” are more prevalent and seem to be reported at a higher magnitude. Mr. Abdelrahman noted that once the City of Miami’s questions and concerns have been addressed, the team can begin to schedule a preliminary meeting.

Ms. Waters asked Ms. Tracy if any other agencies with storm sewer systems in their watershed have been contacted, and Ms. Tracy replied such entities would be contacted once the core group (City, DERM and MRC) have made a firm commitment to move forward. Ms. Chase noted this was her recollection as well, and added that on Monday, April 12, the MRC would be voting on providing $1,700 in order to collect 100 samples for the Walk the WIBDs process (100 x $17 per sample).  Ms Chase stated she hoped the City’s potential questions may be asked and addressed very soon so that other agencies can be engaged to participate in the Walk the WIBD exercise. Ms. Tracy noted she is available to address any questions the City may have. Ms. Chase thanked everyone for their continuing efforts.

III. Discussion of Alternative Methods for Pollutant Source Tracking – Ms. Tracy stated she would be happy to forward the SSC information regarding alternative methods for pollutant source tracking such as: thermal imagery, caffeine sampling/optical brighteners and whitening agents. 

IV. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – This item was deferred to next month.

V. New Business –Ms. Chase invited everyone to the FREE 14th annual Miami Riverday festival, which will be held this Saturday, April 10, 11 am to 4 pm in the Lummus Park Historic District, 250 NW North River Drive. The festival will feature free riverboat rides, historical tours and re-enactments, environmental education, children activities, live music, etc.

The SSC confirmed its next regularly scheduled first Wednesday of the month, 10 AM, publicly noticed meeting for Wednesday, May 5, 2010, 10 AM at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor. The meeting adjourned.

I. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan –
Ms. Chrissie Hopps, DERM, stated DERM is awaiting the final comments of the manatee protection plan/turbidity control from Ms. Kelly Youmans of Florida Fish & Wildlife and Ms. Delta Harris of the U.S. Fish & Wildlife Service. Ms. Hopps noted she had recently spoken to Ms. Harris, who indicated that neither Ms. Youmans nor herself had any substantial problems or conceptual changes to make, but added she still needed to touch base with Ms. Harris.  Ms. Hopps stated she had left a message for Ms. Youmans yesterday to request an update, but had not heard back from her prior to today’s meeting. Ms. Hopps added she had recently spoken to Mr. David Cole, CH2M Hill, whom she noted is also waiting to receive final comments from Ms. Owens and Ms. Harris. Mr. Bibeau asked Ms. Hopps if either Ms. Harris or Ms. Youmans had provided her a timeline of when they expected to approve the manatee protection plan/turbidity control, and Ms Hopps replied no. Mr. Bibeau asked if it would be accurate to report that DERM is expecting to receive final comments within 30 days, and Ms. Hopps replied this timeline seemed reasonable and noted she would continue to follow up with both Ms. Youmans and Ms. Harris and hopefully provide an update by next month’s SSC meeting. 

Mr. Bibeau asked for an update of the following “non substantial revisions and comments on the permit application regarding the same four issues” which he noted continues to be referenced in SSC meeting minutes (most recently on April 7, 2010): 1) revised turbidity control plans; 2) revised manatee control plans; 3) updated sketches and 4) revised sampling technique data.  Ms. Hopps stated the first two items were addressed in her report, therefore maybe deleted from the list.  Regarding #3, updated sketches, Ms. Hopps stated the updated sketches (which had been provided over 30 days ago) had been received but needed to include a note on the plan itself indicating that any additional work to the shoreline structures would require separate Class I permits.  Ms. Hopps stated she had touched base with Mr. Wilbur Mayorga, DERM Chief of the Pollution Control Division, whom indicated the County is in receipt of everything it needs to move forward with executing the permits, and was therefore unsure about what the “revised sampling technique data” (item 4) referred to and asked for further clarification. Mr. Bibeau explained that though this item had been mentioned by the County in previous meetings, perhaps it would be best to remove it from the list of outstanding issues, given that the County has “everything it needs.” Ms. Hopps stated she would follow up with Mr. Mayorga before next month’s meeting to ensure that DERM does not require any additional materials, and if confirmation is received, then the SSC can officially remove #4 from the list of outstanding issues, leaving only the note on the Plans (#3).

Mr. Bibeau noted the one remaining item needed in order for FDEP to issue its permit is the receipt of an executed access agreement.  Mr. Bibeau asked Ms. Hopps and Ms. Amy Tracy, FDEP, if they had an update on this item, and they both replied they were unaware of the status of securing the access agreement. Ms. Tracy stated she would invite Mr. Benny Luedike of FDEP’s Southeastern Division to participate at next month’s SSC meeting to provide an update of this item.  Mr. Bibeau stated it was his understanding that the original access agreement between the City and County would provide the project’s needed use of County owned land, at no charge, for the City and their contractor’s use to conduct the City’s Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Clean-Up Project.  The County agreed to the original agreement over a year ago, yet recently Mr. Gomez, City of Miami Risk Management, requested some revisions to the agreement, which would essentially “water down” the hold harmless/indemnification language to a point which is no longer acceptable to the County.  Mr. Bibeau noted if the City would revert to the original agreement which had included the indemnification language, the County would re-approve it.  Mr. Bibeau noted instead, the City submitted to FDEP (about 30 days ago) a “Plan B” access agreement, which does not include any County-owned land and opts to perform all project-related work on City-owned streets.  Mr. Bibeau noted generally the original Plan was the preferred proposal based on cost, less work performed at night, and not partially blocking City streets to vehicular traffic. Mr. Bibeau noted these elements of Plan B maybe avoided if the original hold harmless agreement is executed by the City.  Mr. Bibeau stated it was his understanding that FDEP can not issue their permit until an access agreement has been executed.

Mr. Bibeau reported Honorable City of Miami Mayor Tomas Regalado, the newest member of the Miami River Commission, had recently attended a Miami River Commission board meeting where he received an update and PowerPoint presentation of the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Clean-up Project.  Mr. Bibeau noted Mayor Regalado is supportive of the project and asked the MRC to continue supporting the City’s efforts to secure the estimated $16 million shortfall from the federal government, as well as two additional potential funding sources: Miami-Dade County (whom can serve as a cost share partner via storm water utility fee funding) and FDEP (whom can provide funding for Seybold Canal, which is state owned submerged land).  Mr. Bibeau added that two of the potential funding sources require that all permits be issued prior to awarding any funding, and therefore hoped that all outstanding permitting issues can be resolved as soon as possible. Mr. Bibeau thanked everyone for their continued efforts.

II. Discussion of Conducting a Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal – Mr. Bibeau stated, as previously emailed, the Miami River Commission formally approved providing $1,700 in order to collect up to 100 water quality samples for the Walk the WBIDs process (100 x $17 per sample).  On behalf of FDEP, Ms. Tracy thanked Mr. Bibeau and the Miami River Commission for providing funding towards what is believed to be a very effective project in dealing with and addressing pollutant sources.  Ms. Diane Waters, City of Miami Department of Public Works, stated the Public Works Department is supportive of the Walk the WBIDs exercise.  Mr. Bibeau stated since support/consensus has been reached among the core group (City, DERM, FDEP and MRC), perhaps the team can move forward and schedule the preliminary meeting to review all as-builts, plans, etc. and determine the locations/sites for the Walk the WBIDs exercise.  Ms. Tracy suggested first the City and County should compose a comprehensive list of stakeholders that should be invited to participate in the pre-meeting, and or Walk the WBIDs exercise.  Ms. Tracy noted that once this list is composed and submitted to her, she can begin engaging representatives from those agencies and compiling a list of data sources for further review at the next regularly scheduled monthly MRC SSC public meeting, prior to the pre-walk the WBID meeting.  Ms. Hopps stated she would touch base with Mr. Omar Abdelrahman, DERM, to begin working with the City to compile the aforementioned comprehensive stakeholder/participant list. Ms. Tracy stated FDEP would take the lead in getting the information compiled and stored in a common place that is accessible to all participants.  Mr. Bibeau stated MRC staff had previously emailed DERM asking how the MRC’s $1,700-worth of samples should be expended, either made payable to the Lab or directly to the County, and was awaiting the answer. Ms. Hopps stated she would touch base with Mr. Abdelrahman to determine how the funds should be received.

III. Discussion of Alternative Methods for Pollutant Source Tracking – Ms. Tracy stated she forwarded the SSC information regarding alternative methods for pollutant source tracking such as: thermal imagery, caffeine sampling/optical brighteners and whitening agents.  Ms. Tracy stated she had recently attended a meeting with Mr. Rick Hicks from the FDEP Groundwater Section in Tallahassee, whom is currently reviewing a septic tank study that is underway in Jacksonville, which is incorporating borons as an indicator for pollutants, which has so far been somewhat successful, is inexpensive and easy to process in the field.  Ms. Tracy stated she is looking to obtain more information on this process in order to forward to the SSC.

IV. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – Ms. Lucy Perez, South Florida Water Management District, stated the SFWMD continues to research the Tamiami Canal, from the Salinity Dam (east of NW 42 Avenue) to the confluence of the Miami River. Ms. Perez stated she would follow up on their progress and submit the data to the SSC for review as soon as it is completed. Mr. Bibeau thanked the SFWMD for their continuing efforts.

V. New Business – Ms. Tracy stated FDEP will be hosting a public meeting on Tuesday, May 25, 11 AM, at the SFWMD Fort Lauderdale Field Station to review the draft list of waters verified as “impaired” for the Southeast Coast Watershed (Biscayne Bay Basin). Ms. Tracy noted the draft verified list is available online for review, and urged all stakeholders to submit comments and/or information to the department, as this is very important “first step” of the TMDL process/program.  Mr. Bibeau asked if Wagner Creek and Seybold Canal are on the draft “impaired” list, and Ms. Tracy replied that these waterbodies have been delisted for fecal coliform-not because they are currently meeting water quality standards, but due to the reason that there is an established TMDL for this waterbody. Mr. Bibeau asked if Wagner Creek and Seybold Canal are still being

classified as an “impaired” waterbody though they have a TMDL, and Ms. Tracy explained that Wagner Creek and Seybold Canal are still being recognized as “impaired,”
but since a TMDL is expected to be implemented, they have temporarily been delisted. Ms. Tracy stated if the water quality has not improved by the next TMDL cycle (Cycle 3 in 2015), it can become re-listed as “impaired.” Ms. Tracy provided the following information:

• Wagner Creek: verified as “impaired” in cycle 2 for copper and mercury
• Tamiami Canal: verified as “impaired” in cycle 2 for mercury
• Miami River (C6): verified as “impaired” (although improved) in cycle 2 for mercury

Mr. Bibeau asked when a TMDL would be created for the Miami River, and Ms. Tracy replied that at some point in the future it will receive a TMDL. Ms. Tracy added she would try to obtain FDEP’s May 25 presentation to review at the next SSC meeting.

The SSC confirmed its next regularly scheduled first Wednesday of the month, 10 AM, publicly noticed meeting for Wednesday, June 2, 2010, 10 AM, at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor.

I. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan – Ms. Chrissie Hopps, DERM, stated she had touched base with Ms. Kelly Youmans, Florida Fish & Wildlife, last week whom indicated that she would be able to expedite the comments regarding the manatee protection plan/turbidity control once she receives final comments from DERM. Ms. Hopps noted she will be forwarding DERM’s comments to Ms. Youmans today, and hopes to receive final combined comments back from Ms. Youmans on behalf of the Florida Fish & Wildlife, as well as Ms. Delta Harris from the U.S. Fish & Wildlife Service, within a week as she does not foresee any major or substantial corrections or clarifications to the report. Ms. Hopps noted the final report of comments will then be submitted to Mr. David Cole, CH2M Hill, for review and corrections prior to issuing the Class 1 Permit.

Mr. Bibeau asked for an update of the 4 following “non substantial revisions and comments on the permit application,” which he noted continues to be referenced in SSC meeting minutes (most recently on May 5, 2010): “1) revised turbidity control plans” have been provided, received , accepted, and  will be removed from the list of outstanding items.  “2) revised sampling technique data” have been provided, received, accepted, and will be removed from the list of outstanding items.  “3 (new #1) updated sketches”, Ms. Hopps stated the updated sketches had been received but needed to include a note on the plan itself indicating that any additional work to the shoreline structures would require separate Class I permits.  “4 (new #2), revised sampling technique data”, Ms. Hopps stated she had reviewed the November 2009 SSC meeting minutes and determined that this item pertained to a post dredging sampling plan that would be required as a condition of the Class 1 Permit, and would need to be submitted after the permit is issued but before commencement of dredging.  Mr. Bibeau asked if the Class 1 Permit could be issued prior to the submittal of the post dredging sampling plan, and Ms. Hopps replied yes. Mr. Bibeau outlined the following course of action: 1) issuance of Class 1 Special Permit; 2) submittal of post dredging sampling plan/methodology; 3) commencement of dredging; 4) conduct post dredge sampling as outlined in plan.

Mr. Bibeau noted the one remaining item needed in order for FDEP to issue its permit is the receipt of an executed access agreement.  Mr. Bibeau asked Ms. Amy Tracy, FDEP, if she had an update on this item, and Ms. Tracy stated Mr. Benny Ludeke of FDEP’s Southeastern Division was unable to participate at today’s meeting due to a previous commitment, but would extend an invitation to him for next month’s SSC meeting.  Mr. Bibeau asked if Mr. Luedike could perhaps email him an update of this item prior to next month’s meeting, and Ms. Tracy stated she would forward this request.

II. Discussion of Conducting a Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal – Ms. Amy Tracy, FDEP, stated she had emailed MRC staff yesterday a draft list of potential stakeholders/participants and data needs for the Walk the WBIDs process, and asked if they had time to review it. MRC staff replied they deferred to the desire of the regulatory agencies.  Ms. Tracy thanked Ms. Diane Waters, City of Miami Department of Public Works, and Mr. Abdelrahman for submitting their own list of potential participants. Mr. Adelrahman and Ms. Waters asked Ms. Tracy if she could provide them with a copy of her participant and data list, so that they could review and provide comments as well, and Ms. Tracy sent them the requested info.  Ms. Waters stated that in addition to creating a list of potential stakeholders, she and Mr. Abdelrahman had also generated a list of potential places/areas to visit and study during the Walk the WBIDs exercise. Mr. Bibeau asked Ms. Waters if she could forward the aforementioned lists to MRC staff, and she replied yes.

Ms. Tracy asked which entity is in charge of permit authorization for private wastewater/sanitary sewer stations, and Mr. Abdelrahman replied it might be DERM but would need to verify this information.

Ms. Tracy asked if the Florida Department of Transportation (FDOT) has any infrastructure in the basin, and Ms. Waters replied yes as they are the owners of some of the roads adjacent to the water basin.  Ms. Tracy stated it was therefore necessary to include FDOT on the draft stakeholder list.  The SSC agreed to add the following entities as well: The Department of Health, Overtown neighborhood association (private sector), Allapattah neighborhood association (private sector), the Spring Garden Civic Association (private sector) and FDEP Law Enforcement.  The SSC agreed to extend an invitation to no more than one representative from each private entity/organization to participate in the Walk the WBIDs exercise.

Ms. Waters asked if there were any potential liability concerns associated with the participation of private citizens, and Mr. Bibeau replied he would be happy to personally escort these individuals in his private vehicle.  In addition, Mr. Bibeau stated the SSC may want to consider having these individuals sign a liability waiver (a hold harmless indemnification agreement/form similar to the one which is distributed and signed by participants in all MRC-sponsored volunteer beautification events along the Miami River).

Mr. Bibeau reminded the SSC that the Miami River Commission had formally approved providing maximum $1,700 for up to 100 water quality samples for the Walk the WBIDs process (100 x $17 per sample), yet had not received any information regarding where to submit payment once the samples have been collected / analyzed, and associated expenses incurred.  Mr. Abdelrahman replied the MRC should make the check payable to Miami-Dade County for samples collected, and paid out on a reimbursement basis.

The SSC established the following timeline for Walk the WBIDs: 1) finish collecting and compiling data, as well as finalize stakeholder list; 2) review and establish consensus on the data sources and stakeholder list (perhaps at the July SSC meeting); 3) invite stakeholders to a preliminary Walk the WBIDs meeting - Per the request of Ms. Tracy, Mr. Abdelrahman agreed to inquire if DERM would serve as the entity responsible for inviting stakeholders.

III. Discussion of Alternative Methods for Pollutant Source Tracking – Ms. Diane Waters, City of Miami Department of Public Works, and Ms. Amy Tracy, FDEP, stated they did not have any updates.

IV. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – Ms. Lucy Perez, South Florida Water Management District, was not in attendance, therefore the item was deferred.

V. New Business – The SSC confirmed its next regularly scheduled first Wednesday of the month, 10 AM, publicly noticed meeting for Wednesday, July 7, 2010, 10 AM, at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor.

The meeting adjourned.

I. Presentation ofMiami River Basin Water Quality Improvement Plan Quarterly Progress Reports - Mr. Omar Abdelrahman, Miami-Dade County Department of Environmental Resources Management (DERM), stated he emailed DERM’s “Miami River Basin Water Quality Improvement Plan Quarterly Progress Report” covering the First Quarter, January-March 2010 in advance of today’s meeting and was happy to answer any questions. Ms. Amy Tracy, Florida Department of Environmental Protection (FDEP), made the following comments

• The State standard for fecal coliform is incorrectly noted in the report and should be 400 cfu (colony forming units)/100 ml. not 800 cfu/100 ml.
• Ms. Tracy noted the magnitude of order differences among fecal coliform sampling results from January-March 2010 for stations WC04, WC03, WC 02 and MR03 (page 6). Ms. Tracy noted very low values of fecal coliform were reported in January, yet the sampling results (as high as 18,000 in station WC03) for February well exceeded State standards.  Mr. Abdelrahman noted in the past there have been testing results for total coliform in Wagner Creek over 1,000,000 count.  Ms. Tracy stated she found it unusual that “no detection” of fecal coliform was reported in March.  Mr. Abdelrahman noted that when it comes to bacteriological testing along the Miami River, higher values are typically reported during the rainy season. Per the request of Ms. Tracy, Mr. Abdelrahman agreed to obtain more information regarding the March sampling results and report his findings to the SSC
• Ms. Tracy asked if there had been any significant sanitary/sewer discharge events that could potentially have contributed to February’s sampling results, and Mr. Abdelrahman replied he would look into possible leaks or other events and report his findings to the SSC

Mr. Abdelrahman agreed in the future to provide 10-year graphs for ammonia, nitrogen, total phosphate, fecal coliform and turbidity data along the Wagner Creek.  Ms. Tracy noted it would also be beneficial to have a 10-year data set/graphs for the remaining stations, and Mr. Abdelrahman agreed to provide this information as well, and include them in all future reports. The SSC agreed that this information will be helpful to have during the Walk the WBIDs event.

Per the request of Ms. Diane Waters, City of Miami Department of Public Works, the SSC agreed to defer presentation of the City’s “Miami River Basin Water Quality Improvement Plan Quarterly Progress Report” to September.

II. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan – Ms. Chrissie Hopps, DERM, stated she had received final comments on the submitted permit application from Florida Fish & Wildlife and the U.S. Fish & Wildlife Service, and had forwarded them - as well as DERM’s final comments - to Mr. David Cole, CH2M Hill on behalf of City of Miami, on June 25 for review and minor / non substantive revisions prior to issuing / executing the drafted Class 1 Permit.  Mr. Bibeau thanked Ms. Hopps for her efforts.  

Mr. Bibeau referenced page 2 of the June 2, 2010 SSC meeting minutes which provided an update of the 4 following “non substantial revisions and comments on the permit application,” “1) revised turbidity control plans”-have been provided, received , accepted, and has been removed from the list of outstanding items.  “2) revised sampling technique data”-have been provided, received, accepted, and have been removed from the list of outstanding items. 3) “(new #1) updated sketches”-have been received but need to include a note on the plan itself indicating that any additional work to the shoreline structures would require separate Class I permits. 4) “(new #2), revised sampling technique data.” Mr. Bibeau cited the June 2, 2010 SSC meeting minutes in which Ms. Hopps reported that “this item pertained to a post dredging sampling plan that would be required as a condition of the Class 1 Permit, and would need to be submitted after the Class 1 permit is issued but before commencement of dredging.” Mr. Bibeau noted the final item (new #3) consists of Mr. Cole’s minor manatee revisions.

Mr. Bibeau noted the one remaining item needed in order for FDEP to issue its permit is the receipt of an executed access agreement.  Mr. Bibeau stated he had touched base with
Mr. Benny Ludeke of FDEP’s Southeastern Division whom indicated that if he were to receive all currently executed access agreements then FDEP will be able to issue the permit allowing the upland staging to only occur on those properties that have executed agreements. Mr. Ludeke had noted in the future, after the permit is issued, if the City obtains and submits additional executed access agreements from more parcels, then staging would be allowed on those additional sites.  Mr. Bibeau noted Mr. Cole is currently providing FDEP the access agreements executed to date, which will allow FDEP to issue their permit for the project.

Mr. Bibeau outlined the following potential funding opportunities for the estimated $20 million project, of which thus far the City of Miami has appropriated $2 million:

• The City is continuing to seek $1 million from Florida Inland Navigation District (FIND) via a grant, which if awarded would become available on October 1, 2010, and requires executed permits
• Mr. Bibeau stated the SFWMD has considered reinstituting their previously awarded $1 million for this project to the City of Miami until at least after their permits are executed
• The City is seeking a federal cost-share
• The City is seeking a County cost share - Mr. Bibeau noted DERM kindly sent him several ordinances regarding the County’s Stormwater Utility Fee. Mr. Bibeau stated it was his understanding that the Board of County Commissioners has the right to approve an exemption for a specific project with conditions after a public hearing, thereby allowing the use of a small portion of the County’s storm water utility fees to provide a cost-share for this project which will dredge and increase stormwater conveyance capacity in what is currently the most polluted waterway in the State of Florida, Wagner Creek and Seybold Canal.  If the County believes their Stormwater Utility Fee is not an eligible funding source, then a moderate County cost share for the project maybe obtained from other pools of funding within the County’s large annual budget   
• The City is seeking a State cost share

III. Discussion of Conducting a Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal – Mr. Bibeau asked if consensus had been reached among the City, DERM and FDEP, regarding the draft list of potential stakeholders/participants for the Walk the WBIDs process, and the SSC participants stated they believed so. Mr. Bibeau asked for a copy of the final comprehensive list, and recommended that it include the name and contact information for the person whom will be representing each agency/organization.

Mr. Bibeau cited the June 2, 2010 SSC meeting minutes in which Ms. Tracy “asked which entity is in charge of permit authorization for private wastewater/sanitary sewer stations, and Mr. Abdelrahman replied it might be DERM but would need to verify this information.” Mr. Bibeau asked Mr. Abdelrahman if he had verified this information, and Mr. Abdelrahman replied he still needs to look into this.

Ms. Lucy Perez, South Florida Water Management District (SFWMD), asked if she and Mr. Kevin Carter, SFWMD, could be copied on all future Walk the WBIDs emails, and the SSC agreed. Ms. Perez noted Mr. Carter would be happy to participate in the event and review any reports/data generated from the project on behalf of the SFWMD, per the recommendation of MRC Chairman Eric Buermann.

Mr. Bibeau cited the June 2, 2010 SSC meeting minutes: “Ms. Waters asked if there were any potential liability concerns associated with the participation of private citizens, and Mr. Bibeau replied he would be happy to personally escort these individuals in his private vehicle.  In addition, Mr. Bibeau stated the SSC may want to consider having these individuals sign a liability waiver (a hold harmless indemnification agreement/form similar to the one which is distributed and signed by participants in all MRC-sponsored volunteer beautification events along the Miami River).” Mr. Bibeau asked Ms. Waters if the City would require a signed liability waiver, and Ms. Waters replied she would need to verify this with Risk Management. Mr. Bibeau stated that if Risk Management identifies any issues with liability, MRC staff will provide the SSC with a copy of the MRC’s hold harmless/indemnification agreement for their review (which includes a list of all responsible/participating agencies) as a potential solution.

Mr. Bibeau stated it was his understanding that the SSC had agreed last month to extend an invitation to no more than one representative from each private entity/organization to participate in the Walk the WBIDs exercise. The SSC concurred with this report and also agreed to keep the number of individuals representing the environmental agencies (such as DERM, City, SFWMD, etc.) at a manageable level.

Mr. Bibeau cited the June 2, 2010 SSC meeting minutes in which “Mr. Abdelrahman agreed to inquire if DERM would serve as the entity responsible for inviting stakeholders,” and Mr. Abdelraham replied he had made that inquiry yet, but would follow-up on this item.  Ms. Tracy stated FDEP is happy to assist DERM via the compiling of maps, but it was her understanding that DERM is actually the lead agency responsible for compiling data and inviting all necessary stakeholders.

Mr. Bibeau asked if the local agencies had finished collecting and compiling data for the Walk the WBIDs event, and Mr. Abdelrahman replied the collection of data remains ongoing and stated he would try to have it finalized by the September SSC meeting.  Ms. Tracy stated she would be happy to set up an FTP site on the FDEP website to post data for the Walk the WBIDs event.

The SSC established the following timeline: 1) have data compiled by the September SSC meeting for review; 2) local agencies need a few weeks to analyze and condense data in a way that is useful for the preliminary planning meeting; 3) Ms. Perez agreed to look into video conferencing capabilities at the SFWMD Miami office for the October preliminary planning meeting, in order to enable participation from FDEP and the SFWMD.

IV. Discussion of Alternative Methods for Pollution Source Tracking – Mr. Bibeau stated that, to some extent, the execution of Walk the WBIDs can be considered an implementation of an alternative method for pollution source tracking. Mr. Bibeau noted that upon review of prior SSC meeting minutes, he had found that the SSC had initially debated whether to remove this item from the monthly agenda, but had decided to keep it on the monthly public meeting agenda since at that time different agencies had been in discussion and traded information regarding different methods for source tracking. Mr. Bibeau therefore asked if the SSC would like to continue including this item on future monthly SSC public meeting agendas. Ms. Waters stated the City of Miami has not identified any additional methods of source tracking that have not already been presented or addressed in previous SSC meetings, and were therefore not opposed to removing the agenda item from future meetings.  Ms. Tracy stated she concurred with Mr. Bibeau’s observation that WBIDs can be considered an alternative method for pollution source tracking, and as a result did not express any opposition to removing this item from future SSC meeting agendas. Per the consensus of agencies in attendance, the SSC agreed to remove this item from future SSC meeting agendas.

V. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – On behalf of the Miami River Commission, Mr. Bibeau extended his sincere gratitude to Ms. Lucy Perez and the team at the South Florida Water Management District (SFWMD), whom on June 18, 2010 emailed a map and detailed title research (40+ pages) for the Tamiami Canal (C-4). Mr. Bibeau explained that initial information provided for this tributary seemed to potentially confirm that the SFWMD was the legally responsible owner/maintenance provider for the Tamiami Canal.  Mr. Bibeau therefore asked if the research recently provided confirmed or disproved this information, and Ms. Perez replied she would seek clarification from the SFWMD team.

VI. New Business – The SSC confirmed its next regularly scheduled first Wednesday of the month, 10 AM, publicly noticed meeting for Wednesday, September 1, 2010, 10 AM, at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor, as the SSC does not meet in August.

The meeting adjourned.

I. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan – Ms. Chrissie Hopps, Miami-Dade County Department of Environmental Resources Management (DERM), stated she had received final revisions to the manatee plan and the turbidity control plan from Mr. David Cole, CH2M Hill, on Monday. Ms. Hopps explained the submitted corrections were based on requests made by Florida Fish & Wildlife, U.S. Fish & Wildlife Service and DERM. Ms. Hopps noted she planned to complete her review of CH2M Hill’s submitted corrections by early next week.

In addition, Ms. Hopps noted she had spoken to Mr. Cole last week, whom indicated he would be submitting final construction drawings/sketches by today or tomorrow. Ms Hopps noted that, once received, she would need a few days to conduct a review and issue a preliminary approval of the plans. Ms. Chase noted the aforementioned items (manatee plan, turbidity control plan and construction drawings/sketches) need to be finalized prior to issuing / executing DERM’s Class 1 Permit, which Ms. Hopps indicated has already been drafted. Ms. Chase noted during the July 7 SSC meeting, Mr. Brett Bibeau, MRC Managing Director, noted “Mr. Cole is currently providing FDEP the access agreements executed to date, which will allow FDEP to issue their permit for the project.”

Ms. Chase outlined the following potential funding opportunities for the estimated $20 million project, of which thus far the City of Miami has appropriated $2 million:

• The City is continuing to seek $1 million from Florida Inland Navigation District (FIND) via a grant, which if awarded would become available on October 1, 2010, and requires executed permits
• Ms. Chase stated the SFWMD has considered reinstituting their previously awarded $1 million for this project to the City of Miami, if permits are executed
• The City is seeking a federal cost-share; Ms. Chase noted Mr. Bibeau had recently traveled to Washington DC in support of this initiative; In addition, Ms. Chase noted Mr. Bibeau had received word that earmarks would potentially resume next year
• The City is seeking a County cost share – Ms. Chase noted DERM had kindly sent staff several ordinances regarding the County’s Stormwater Utility Fee.  Ms. Chase stated it was her understanding that the Board of County Commissioners has the right to approve an exemption for a specific project with conditions after a public hearing, thereby allowing the use of a small portion of the County’s storm water utility fees to provide a cost-share for this project which will dredge and increase stormwater conveyance capacity in what is currently the most polluted waterway in the State of Florida, Wagner Creek and Seybold Canal. Ms. Hopps noted this was not the interpretation DERM received from the county’s legal department. Ms. Chase noted that if the County believes their Stormwater Utility Fee is not an eligible funding source, then a moderate County cost share for the project maybe obtained from other pools of funding within the County’s large annual budget, which will be adopted by September 30, 2010
• The City is seeking a State cost share

Ms. Chase thanked everyone for their updates.

II. Discussion of Conducting a Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal – Mr. Omar Abdelrahman, DERM, stated he would be emailing everyone a copy of the revised Walk the WBIDs Stakeholder List after the SSC meeting.

Ms. Chase cited the July 7, 2010 SSC meeting in which the SSC had established the following timeline: “1) have data compiled by the September SSC meeting for review; 2) local agencies need a few weeks to analyze and condense data in a way that is useful for the preliminary planning meeting; 3) Ms. Perez agreed to look into video conferencing capabilities at the SFWMD Miami office for the October preliminary planning meeting, in order to enable participation from FDEP and the SFWMD.” Ms. Chase asked for the status of this timeline. Ms. Amy Tracy, Florida Department of Environmental Protection (FDEP), replied she had only recently been provided with the Stakeholder List/agency contact information and has therefore not had the opportunity to begin requesting and compiling data sets from the listed agencies. Mr. Abedelrahman noted he has already begun contacting some of the agencies-even at the higher level- to request that they forward all data to the most appropriate person, but noted he has yet to receive any responses. Ms. Tracy reasoned that since she had formally volunteered herself to compile all the data/information into a series of maps, she would begin sending out emails requesting data sets from specific entities. Ms. Tracy asked-if deemed appropriate by the SSC-that all data sets be submitted directly to her by September 24, and the SSC agreed. Ms. Tracy noted she would then compile the data and present it to the SSC for comments during the next regularly scheduled meeting on October 6. In addition, Ms. Tracy stated she would be happy to set up an FTP site on the FDEP website to post data for the Walk the WBIDs event.

Ms. Tracy stated she would like to conduct, what she described as “Maps on the Table” exercise sometime in October, following the SSC meeting, to actually plan the “Walk the WBIDs” in more detail, refine the participant list and set an official date for the event in November. The SSC agreed to check their availability to conduct a “Maps on the Table” meeting during the week of October 18-22. Ms. Lucy Perez stated that, per the request of the SSC at the July 7 meeting, she had verified that the SFWMD has video conferencing capabilities at its Miami office.  Ms. Perez noted the SFWMD’s Field Station in Doral also has video conferencing capabilities, should the SSC desire a bigger venue for the October “Maps on the Table” meeting. Ms. Tracy noted she would begin sending invitations to all stakeholders in late September for the “Maps on the Table” meeting, once a mutually agreeable date and location has been determined. The SSC agreed to check their availability to conduct the “Walk the WBIDs” exercise on either November 16, 17 or 18.

The SSC conducted a preliminary review of the current Stakeholder List and agreed to keep the number of individuals representing the environmental agencies at the “Walk the WBIDs” event (such as Miami-Dade County, City, SFWMD, etc.) at a manageable level. Mr. Abdelrahman agreed to fill out the remaining empty sections of the Stakeholder contact list to the best of his ability as soon as possible. Ms. Tracy suggested inviting only12 individuals to participate in the actual “Walk the WBIDs” event in an effort to maintain order.

III. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – On behalf of the Miami River Commission, Ms. Chase thanked Ms. Lucy Perez and the team at the South Florida Water Management District (SFWMD), whom on August 31, 2010 emailed a map and official record book data for the Tamiami Canal (C-4), confirming the SFWMD as the legally responsible owner/maintenance provider.  Ms. Chase summarized the results of the research performed by the SFWMD on tributary ownership and maintenance responsibility:  

• Tamiami Canal (C4): SFWMD is owner
• Lawrence Canal: City of Miami is owner
• Wagner Creek: City of Miami is owner
• Seybold Canal: City of Miami is owner; a small section of submerged land is owned by the State
• Palmer Lake: According to Miami-Dade County Property Records website’s folio numbers, portions of the waterbody are privately owned

Ms. Waters asked how the conclusion was drawn that the City owned Wagner Creek and Seybold Canal, since she had not seen any documents that establish the City as the owner of either waterway. She further requested that the SFWMD please send any such documents that establish the City’s ownership of Wagner Creek and Seybold Canal to her.

Ms. Chase respectfully requested the SFWMD team take up/research the South Fork next. Mr. Abdelrahman asked how many more tributaries are pending research, and Ms. Chase replied only one tributary is left: the North Fork.

 IV. New Business – Per the request of Ms. Diane Waters, City of Miami Department of Public Works, the SSC agreed to defer presentation of the City’s “Miami River Basin Water Quality Improvement Plan Quarterly Progress Report” to October.

The SSC confirmed its next regularly scheduled first Wednesday of the month, 10 AM, publicly noticed meeting for Wednesday, October 6, 2010, 10 AM, at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor.

The meeting adjourned.

I. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan – Ms. Chrissie Hopps, Miami-Dade County Department of Environmental Resources Management (DERM), stated DERM had provided final comments to the manatee plan (one final revision was made to a cross-section/figure) on September 14. Ms. Hopps noted that on September 22, Florida Fish & Wildlife agreed with DERM’s final comments to the manatee plan, and submitted the information to Mr. David Cole, CH2M Hill, and the City of Miami. Ms. Hopps noted DERM is still waiting to receive engineer signed-and-sealed plans (from a Florida P.E. and not a surveyor). Ms. Hopps noted that Florida Fish & Wildlife will submit their final comments to the manatee plan to FDEP, whom will issue a permit separate and apart from DERM ‘s Class I Permit. Ms. Hopps noted Mr. Benny Ludeke, FDEP, had indicated in a recent email that “with the exception of receiving final permit recommendations from the Florida Fish and Wildlife Conservation Commission, all of the information previously requested has been satisfactorily submitted…” Mr. Bibeau stated it was his understanding that the project would only require two permits: one from DERM and the second from FDEP. Mr. Bibeau reasoned that the project would not require a permit from the U.S. Army Corps of Engineers (ACOE) as Wagner Creek and Seybold Canal are not located in the federal navigable channel. Mr. Bibeau asked Ms. Hopps for a timeline for DERM to issue a Class I Permit, and Ms. Hopps replied an estimated 30 days from the receipt of the aforementioned pending documents.

Mr. Bibeau reported that the City of Miami is essentially concluding an expenditure of nearly $1 million to engineer and permit the Wagner Creek/Seybold Canal Maintenance Dredging & Environmental Clean-Up Project. On October 16, 2009, DERM wrote a letter to the City of Miami stating, “Within 120 days of receipt of this correspondence implement the CAP (Wagner Creek/ Seybold Canal Maintenance Dredging and Environmental Clean-Up Project, including removal and proper disposal of dioxin) as approved.  Failure to adhere to the items and timeframes stipulated above may result in enforcement action for this site.” Mr. Bibeau noted the referenced 120 days expired in January 2010.  Mr. Bibeau stated that on January 26, 2010, the City wrote a letter to DERM stating, “The City of Miami is preparing to begin execution (Wagner Creek/ Seybold Canal Maintenance Dredging and Environmental Clean-Up Project) within 6 months.” Mr. Bibeau noted the 6-month timeframe expired in June 2010, over three months ago. Mr. Bibeau explained that for years, the City had a $3 million line item specifically for Wagner Creek/Seybold Canal dredging, which was derived appropriately from the Stormwater Utility Fund. Mr. Bibeau noted that of the $3 million, $1 million went towards the permitting and design, leaving $2 million. Mr. Bibeau noted the $2 million was being used as the City’s match for various grant applications. Mr. Bibeau noted the City had reported in previous months that they had submitted a $1 million FIND grant application. Mr. Bibeau reported that on September 30, as FIND was finalizing their grant award decisions, he had been informed by a FIND board member that the City of Miami had withdrawn their previously submitted $1 million grant application for this project a few months prior. Mr. Bibeau stated he had been surprised to hear this news and had subsequently contacted the City Project Manager Keith Ng, whom informed him that-according to the City of Miami’s Finance Department-the $2 million budgeted line item for the project had been reprogrammed to a different project. Therefore, Mr. Bibeau stated there was no City match available for the $1 million FIND grant, nor for that matter, the $1 million SFWMD cost-share.

Mr. Bibeau outlined the following six needed City of Miami Action Items:

• Recapture previously appropriated $2 million City cost share for the project from City’s reoccurring Storm Water Utility Fee
• Apply for a FY ’12 FIND grant in January 2011
• Request a State cost-share in FY ’12 during the 2011 session – State owns a section of the project’s submerged land, and City paid for the design and permitting of the entire project, including the section of State owned submerged land
• Request to re-secure the previously appropriated $1 million South Florida Water Management District (SFWMD) cost share for the project
• Request a $1 million Miami-Dade County cost share in FY ’12
• Request a $16 million Federal cost share in FY ’12

II. Discussion of Conducting a Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal – Mr. Bibeau thanked the South Florida Water Management District (SFWMD) for kindly providing use of its local video conference center (located at the SFWMD’s Doral Field Office, 9001 NW 58th Street) on Thursday, October 21, 2010 for the “Maps on the Table” exercise/meeting. Mr. Bibeau thanked the agencies for reaching consensus on the meeting venue and asked what time the exercise would be conducted. Ms. Lucy Perez, SFWMD, stated the field station has been booked from 10 am to 3 pm. Ms. Amy Tracy, Florida Department of Environmental Protection (FDEP), stated she has yet to obtain consensus from the City of Miami in regards to the proposed October 21 meeting location and time.

Mr. Bibeau thanked Ms. Tracy for her outstanding efforts in compiling data sets from the respective agencies and posting them onto an FTP site on FDEP’s website in preparation for the October 21 “Maps on the Table” exercise. On behalf of the MRC, Mr. Bibeau offered his assistance in helping Ms. Tracy obtain any additional documents she may need. Ms. Tracy reported that as of yesterday afternoon, FDEP had not received any data from the City of Miami “due to a problem-on the City side-in getting access to writing on the FTP site.”  In addition, Ms. Tracy noted she had emailed Ms. Diane Waters and Ms. Elyrosa Estevez, City of Miami Department of Public Works, yesterday to request that they upload the City’s data onto their own site-if possible-so that she could subsequently copy them onto FDEP’s FTP site, but had yet to receive a response. Ms. Lucy Perez, SFWMD, and Mr. Omar Abdelrahman, DERM, offered their assistance in helping the City transmit and/or upload their data, while Mr. Bibeau suggested that the City simply burn their data onto a CD and mail it directly to FDEP.  Ms. Tracy thanked them for offering these options and noted her deadline to receive all data sets is October 11, which will provide her enough time to prepare and mail all (large format) maps to Ms. Perez in advance of the October 21 meeting. Ms. Tracy added she would also be preparing a series of interactive maps for the stakeholders/teams to record information during the actual “Walk the WBIDs” field event.  

Ms. Waters called into the SSC meeting half-way through agenda item II. Mr. Bibeau asked if the City of Miami is able to participate in the October 21, 2010 “Maps on the Table” exercise, 10 AM, at the SFWMD Doral Field Office, 9001 NW 58th Street, and Ms. Waters replied she would need to confirm the availability of her Supervisor, Ms. Elyrosa Estevez, and would report back to the SSC.  Mr. Bibeau added thus far, all other agencies-FDEP, SFWMD, DERM and the MRC-have agreed to the proposed date and time.  Mr. Bibeau asked Ms. Waters for the status of the City uploading their data sets onto FDEP’s FTP site, and Ms. Waters replied all documents had been uploaded this morning. Ms. Tracy logged onto the FTP site and confirmed receipt of the data sets during the meeting. Ms. Tracy added she would review them in more detail this afternoon and let Ms. Waters know if she requires any additional documents or clarification. Mr. Bibeau thanked Ms. Waters for posting the data sets prior to the October 11 deadline.

Mr. Bibeau asked Mr. Abdelrahman if the “Walk the WBIDs” Stakeholder list DERM submitted to the agencies on September 1, 2010 is considered the final approved list, and Mr. Abdelrahman replied it is the most current version, adding that he had not received any more suggested corrections.

Mr. Bibeau reminded the SSC that the Miami River Commission had formally approved providing a maximum $1,700 for up to 100 water quality samples for the “Walk the WBIDs” process (100 x $17 per sample), and kindly asked DERM to provide any necessary paperwork (i.e. invoice) in order to submit this payment and justify this expenditure. Mr. Abdelrahman replied the MRC should make the check payable to Miami-Dade County after the actual number of samples have been collected, and paid out on a reimbursement basis.

Ms. Tracy stated invitations for the October 21, 2010 “Maps on the Table” exercise should be sent out soon to all stakeholders. Mr. Bibeau noted there has been some level of confusion as to who would be submitting these invitations.  Ms. Tracy noted it would be appropriate for a local agency, such as the City of Miami, to send out the invitations. Mr. Bibeau noted the SSC September 1, 2010 meeting minutes reflect, “Ms. Tracy noted she would begin sending invitations to all stakeholders in late September for the ‘Maps on the Table’ meeting, once a mutually agreeable date and location has been determined.” Mr. Bibeau stated, however, that he understood Ms. Tracy’s suggestion to have a local agency submit the invitations. In an effort to avoid any potential jurisdictional issues, Ms. Tracy offered to continue taking the lead on the project, on behalf of FDEP, and extend the invitations to the stakeholders for the October 21, 2010 “Maps on the Table” exercise.  Mr. Bibeau volunteered his assistance, on behalf of the MRC, to submit the invitations instead-considering the time and effort FDEP has already spent on the project-but Ms. Tracy politely declined. Ms. Tracy reasoned that although the MRC is well-respected locally, it would not be appropriate for the MRC to submit the initial invitation as it is not a primary agency with environmental regulatory status.

III. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – On behalf of the Miami River Commission, Mr. Bibeau thanked Ms. Lucy Perez and the team at the South Florida Water Management District (SFWMD), for their continued efforts in identifying the legally responsible owners/maintenance providers of the tributaries along the Miami River.  Ms. Perez noted the SFWMD team will be researching the South Fork next, and hoped to have information to report to the SSC by the November meeting.  Ms. Perez added that after research for the South Fork has been completed, the only remaining tributary is the North Fork.

 IV. New Business - The SSC confirmed its next regularly scheduled first Wednesday of the month, 10 AM, publicly noticed meeting for Wednesday, November 3, 2010, 10 AM, at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor.

I. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan –
Ms. Ashley Chase, MRC Assistant Managing Director, stated Ms. Chrissie Hopps, Miami-Dade County Department of Environmental Resources Management (DERM), was not present to provide an update on this item, yet wanted to forward the following information to the SSC based on a recent phone conversation with City of Miami Project Manager Keith Ng, Department of Capital Improvements: According to Mr. Ng, DERM has not issued the Class I Permit as they are waiting to receive documents from the City of Miami and consultant CH2M Hill. Mr. Ng noted he was not aware of which documents needed to be submitted.  In a more recent conversation with Mr. David Cole, CH2M Hill, it was discovered that the pending documents needed to be submitted to Ms. Hopps include: 1) engineer signed-and-sealed plans (from a Florida P.E. and not a surveyor) and 2) updated drawings/ cross section sketches (regarding the curtain). Ms. Chase noted Florida Fish & Wildlife (FFW) had submitted their final comments of the manatee plan to the Florida Department of Environmental Protection (FDEP), who would be issuing their own separate permit once DERM issues its Class I Permit. Mr. Bibeau explained these components are part of a “substantial completion” letter. As soon as CH2M Hill submits the two pending documents to DERM for review, they will be forwarded to FFW for approval. Once approval is obtained by FFW, DERM will issue the Class I permit, signaling 100% completion of this permitting process. FFW will then send a notification letter to FDEP indicating that all documents have been received and approved. Lastly, FDEP-upon their review and approval of the final documents-will issue their separate permit.

Mr. Bibeau reported last month that City Project Manager Keith Ng had informed him that-according to the City of Miami’s Finance Department-the $2 million budgeted line item for the Wagner Creek/Seybold Canal Dredging project had been reprogrammed to a different project. Mr. Bibeau stated he had therefore reported last month that there was no City match available for the $1 million FIND grant, nor for that matter, the $1 million SFWMD cost-share. Mr. Bibeau stated that since that time-and contrary to Mr. Ng’s previous report- Assistant City Manager Albert Sosa had emailed MRC staff indicating that $1.35 million is currently budgeted for the Wagner Creek/Seybold Canal Dredging project.

Mr. Bibeau stated he had emailed Mr. Kirk Menendez, City of Miami Director of Intergovernmental Affairs, requesting the status of the city’s submission of state and federal legislative packages requesting funding for the project, but had yet to receive a response. Mr. Bibeau noted he had reported last month, as part of a series of ongoing funding “Action Items” that the City needs to “request a State cost-share in FY ’12 during the 2011 session (State owns a section of the project’s submerged land, and City paid for the design and permitting of the entire project, including the section of State owned submerged land)” and “request a $16 million Federal cost share in FY ’12.”

Ms. Chase asked Ms. Amy Tracy, FDEP, if it would be possible to have Mr. Benny Ludeke, FDEP, participate in next month’s SSC conference call in order to provide an update on behalf of FDEP, or if unable to attend, provide a written summary in advance of the next SSC meeting, and Ms. Tracy stated she would forward this request along.

II. Discussion of Conducting a Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal – Ms. Tracy thanked the agencies who had attended the Thursday, October 21, 2010 “Maps on the Table” exercise/meeting, as well as the South Florida Water Management District (SFWMD) for kindly providing use of its local video conference center. Ms. Tracy noted the meeting was very productive and she had been able to obtain confirmation from several agency representatives of their participation at the November 18 “Walk the WBIDs” field event (i.e. DERM, Department of Health, Florida Department of Transportation, etc.). Ms. Tracy noted a field representative is still needed on behalf of the Water and Sewer Department (WASD), and would follow up on their attendance.

Ms. Tracy noted she had sent an email to all stakeholders on Tuesday, October 26 which included event information and action items generated at the “Maps on the Table” exercise:

• Diane Waters: Confirm where the discharge is from I-95 & 395 ponds
• Rod Lovett: Confirm the type of pipe along NW 28th Street between NW 10th Avenue and NW 12th Avenue; Confirm pipe type along NW 24th Street between NW 10th Avenue and NW 12th Avenue

Ms. Perez, SFWMD, asked Ms. Tracy if she has since received all requested data, and Ms. Tracy replied that additional data is still being obtained.

Ms. Tracy noted participants of the “Walk the WBIDs” event should plan to meet at 7 am on November 18 and plan to bring a lunch to eat while in the field. Ms. Tracy noted that details regarding where to park and meet are still being worked out and will be provided once the field team is finalized. In addition, Ms. Tracy noted she still needs to sketch out a proposed route. Mr. Omar Abdelrahman, DERM, suggested Winn Dixie as a possible parking site, while Ms. Tracy proposed Comstock Elementary and/or Comstock Park. Ms. Tracy stated she still needed to contact Law Enforcement for security at the “Walk the WBIDs” event, and noted she would also ask them for suggestions on appropriate parking locations.

Ms. Lucy Perez, SFWMD, asked how many total RSVPs are expected considering the SFWMD van accommodates 12, and Ms. Tracy replied she would like to keep the field group to no more than 12 people.

Mr. Bibeau asked Ms. Diane Waters, City of Miami Department of Public Works, who would be participating at the “Walk the WBIDS” event on behalf of the city, and Ms. Waters replied that final determination has yet to be made. Ms. Waters added the city is currently reviewing the information collected at the Maps on the Table exercise.

Ms. Tracy stated FDEP will be bringing field sampling kits to the “Walk the WBIDs” event, and asked Mr. Abdelrahman if he could bring some field sampling materials as well. Mr. Abdelrahman stated that should not be a problem and agreed to provide: viles/bottles for sample collection, gloves, a cooler with ice to store the samples, etc.

III. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – On behalf of the Miami River Commission, Mr. Bibeau thanked Ms. Lucy Perez and the team at the South Florida Water Management District (SFWMD), for their continued efforts in identifying the legally responsible owners/maintenance providers of the tributaries along the Miami River.  Ms. Perez noted the SFWMD team has resumed their research of the South Fork, and hoped to have information to report to the SSC by November 15. Ms. Perez stated the SFWMD research team had some questions regarding where exactly the North Fork and South Fork start and end, and Mr. Bibeau suggested on the South Fork including the westernmost point of this area as the Salinity Dam, to the Miami River.  Mr. Bibeau stated the Chief of Staff for the Honorable City Commissioner Wilfredo Gort had recently emailed him pictures of garbage and debris along the North Fork, and had asked who was legally responsible for maintaining this tributary.  Ms. Perez noted that after research for the South Fork has been completed, the SFWMD team will be researching the only remaining tributary: the North Fork. Mr. Bibeau noted that until the SFWMD renders a clear determination, the City of Miami’s Property Asset Management Division has already begun performing its own research, especially at the Miami River Rapids Park on the North Fork

IV. New Business - The SSC confirmed its next regularly scheduled first Wednesday of the month, 10 AM, publicly noticed meeting for Wednesday, December 1, 2010, 10 AM, at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor.

The meeting adjourned.

November 3, 2010 | THIS IS A PUBLIC DOCUMENT

The Miami River Commission’s (MRC) Stormwater Subcommittee (SSC) held a public meeting on November 3, 2010, 10 AM, at the South Florida Water Management District’s (SFWMD) Miami Dade Regional Service Center, 2121 SW 3 Ave, 6 FL.

Mr. Brett Bibeau, MRC Managing Director, asked if anyone had any suggested revisions to the draft October 6, 2010 SSC meeting minutes, which were distributed one week prior to today’s meeting.  Hearing none, the SSC’s October 6, 2010 meeting minutes were accepted. The SSC made self-introductions. The sign-in sheet is enclosed.

I. Status of the Wagner Creek and Seybold Canal Dredging Permits and Corrective Action Plan – Ms. Chrissie Hopps, Miami-Dade County Department of Environmental Resources Management (DERM), stated she had provided comments to Mr. David Cole, CH2M Hill, regarding the updated drawings/ cross section sketches (for the manatee curtain/barrier) he had submitted on November 8, and was now awaiting receipt of CH2M Hill’s final, revised version.  In addition, Ms. Hopps noted she is awaiting receipt of final FL PE signed-and-sealed plans. Ms. Chase asked Ms. Hopps when she expected to receive the aforementioned documents, and she replied that on November 16, Mr. Cole had indicated via email that final documents were “on the way.” Ms. Hopps noted Ms. Kelly Youmans, Florida Fish & Wildlife (FFW), had sent an email to Mr. Cole on November 18 requesting that final versions of these documents be sent to her directly. Ms. Hopps added DERM’s Pollution Control Division had also provided their round of comments to CH2M Hill’s previously submitted documents, which she noted would be incorporated in the permit. Ms. Hopps confirmed that once CH2M Hill’s documents are approved by FFW, DERM will execute the drafted Class I permit.

Mr. Benny Ludeke, Florida Department of Environmental Protection (FDEP), stated the FDEP permit for the project is 90% complete, and the issuance date (for a Notice of Intent) has been scheduled for December 16.  Mr. Ludeke noted the City will then be responsible to publish the Notice in a newspaper within 30 days, which will be followed by a 21-day comment period for the public. In the absence of any comments or concerns expressed by the public, FDEP will issue a final permit by January/February 2011.

II. Discussion of Conducting a Walk the Waterbody Identification (WBID) for Wagner Creek and Seybold Canal– Ms. Chase stated the Walk the WBIDs field event had taken place on November 18. Ms. Chase noted Ms. Amy Tracy, FDEP, was unable to participate in today’s meeting, but had emailed the Walk the WBIDs team members the following email: “We are currently collecting and labeling photographs, processing GPS points, referencing and rectifying notes, and waiting for the sampling results. I will start sending reminder emails for information that needed to be followed up on in the field so I can complete the power point. In the next couple of weeks; I will set up a teleconference and Go To meeting to review the PowerPoint that will detail the results of the field exercise, review the actions items discovered while in the field and the agency assigned for the follow up, and to discuss next steps.”

Ms. Chase noted she had experienced some difficulty posting the photographs she had taken during the event onto FDEP’s FTP site, and had therefore mailed Ms. Tracy a CD copy yesterday.

Ms. Diane Waters, City of Miami Department of Public Works, asked Mr. Omar Abdelrahman, DERM, if the County had obtained the sampling results for the Walk the WBIDs event, and Mr. Abdelrahman replied the three bacteriological samples taken were below state and county standards for both fecal and total coliform. Mr. Abdelrahman noted the Walk the WBIDs team observed areas of interest which included the Allapattah Marketplace and the Veterans Hospital, as well as observed some types of unknown source and location connectivity. Mr. Abdelrahman noted the sampling results were forwarded to Ms. Tracy, whom will be evaluating DERM’s efforts and submitted information.

Ms. Chase asked Mr. Abdelrahman when the MRC should expect to receive an invoice for the 3 samples taken during the Walk the WBIDs event, and Mr. Abdelrahman replied he would submit an invoice as soon as it is provided to him.

Ms. Chase asked Mr. Abdelrahman for the results of the oil and grease samples taken by FDEP during the event, and Mr. Abdelrahman replied the samples are currently being analyzed by one of DERM’s contracted labs and would forward the results once they become available.

The SSC welcomed Mr. Charles Flowers, a resident of Spring Garden. Mr. Flowers asked for the next plan of action.  Mr. Abdelrahman explained it may be useful to obtain additional water samples during or immediately following a rain/storm event.  Mr. Abdelrahman noted any future course of action would ultimately be decided by FDEP.

Ms. Waters noted that based on her preliminary review of the drainage plans, the manhole located at Juan Pablo Duarte Park (NW 18th Avenue and 28th Street)-of which the Walk the WBIDs team had taken a sample-does not actually flow into Wagner Creek but west into a French drain.  

III. Identification of the Ownership and Legal Maintenance/Responsibility of the Tributaries along the Miami River – On behalf of the Miami River Commission, Ms. Chase thanked Ms. Lucy Perez and the team at the South Florida Water Management District (SFWMD), for their continued efforts in identifying the legally responsible owners/maintenance providers of the tributaries along the Miami River.  Ms. Perez noted the SFWMD team has not concluded their research of the South Fork, and hoped to have information to report to the SSC by next month. Ms. Waters noted that during last month’s SSC meeting, it had been reported that the SFWMD research team had some questions regarding where exactly the North Fork and South Fork start and end, and wondered if this had been resolved. Ms. Perez noted she had forwarded Mr. Bibeau’s previous comments related to this item to the SFWMD for clarification. In an effort to assist the SFWMD team, Ms. Waters offered to send GIS layers (with boundary areas) which the city has on file, but Ms. Perez politely declined, noting she preferred to await the receipt of the SFWMD’s research results so that all information could be compiled and analyzed together. Ms. Perez noted that after research for the South Fork has been completed, the SFWMD team will be researching the only remaining tributary: the North Fork.

IV. New Business - The SSC confirmed its next regularly scheduled first Wednesday of the month, 10 AM, publicly noticed meeting for Wednesday, January 5, 2011, 10 AM, at the SFWMD Miami Dade Regional Service Center, 2121 SW 3 Ave, 6th Floor.

The meeting adjourned.