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MIAM'~ Memorandum DB'- Date: November 29, 2011 To: Hon. Chairperson and Members Environmental Quality Control Board ~He~, ss nl Director d~tting, Environment and Regulatory Affairs From: Subject: Pre-hearing Memorandum City of Sunny Isles Beach Hearing of: 12/08/2011 This item was continued at the hearing of November 10, 2011 at the Petitioner's request. The petition comes before the Board as a request by Petitioner, the City of Sunny Isles Beach, for a variance from the requirements of Section 24-48.2(II)(A)(1) of the Code of Miami-Dade County, Florida. The request is to allow for the issuance of a Class I permit application for the construction of a bridge in tidal waters of Miami-Dade County, Florida without the required evidence of ownership or a lease of the submerged land upon which work is proposed. The proposed project intends to connect North Bay Road between N.E, 172nd Street and N.E. 174th Streets in the City of Sunny Isles Beach, Miami-Dade County, Florida. The bridge will span an artificial canal, with support structures embedded in the submerged land. The bridge is intended to provide a north/south alternative to Collins Avenue for pedestrians and emergency vehicles. It will also serve as an emergency evacuation route during hurricanes. Section 24-48.1 of the Code of Miami-Dade County, Florida, requires a Class I permit for any type of work to take place in, on, over or upon any tidal waters, bay bottom land~ or wetlands supporting halophytic vegetation anywhere in Miami-Dade County. Section 24-48.2(II)(A)(1) of the Code of Miami- Dade County requires that a Class I permit application include evidence of ownership or a lease of the submerged land upon which work is proposed. The submerged lands along the canal are owned by Cavalry Corp, an inactive Florida Corporation. Property tax records indicate that the taxes associated with the property are up to date. Based on the information provided the Petitioner has been successful in contacting representatives from Cavalry Corp. However, Cavalry Corp. has not provided authorization for the use of the submerged lands. Staff has no objection to the proposed work from an environmental standpoint provided that the Petitioner mitigates for any adverse environmental impacts associated with the construction of the bridge. However, the Petitioner has not demonstrated that they have pursued all other available remedies for securing the legal use of the property prior to applying for a variance from the Code. As a governmental entity the Petitioner does not need to acquire VOluntary cooperation from the owner and can take legal actions to obtain the submerged lands through eminent domain. Therefore, prior to issuance of a Class I permit, the Petitioner should obtain authorization, or gain control of the submerged lands in the area of the proposed project. 2011-EQCB-00022 December 8, 2011 (5)