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File #: 6825   
Type: Consent Status: Adopted
File created: 5/9/2024 In control: Natural Resources Management
On agenda: 5/21/2024 Final action: 5/21/2024
Title: Certification of Lands as required for the North Reach of the Brevard County Federal Shore Protection Project.
Attachments: 1. North Reach certification of lands DRAFT2024.docx, 2. Atty Cert of Authority North Reach May2024.docx, 3. North_Reach_certificationMap May _2024_v3.pdf

Subject:

Title

Certification of Lands as required for the North Reach of the Brevard County Federal Shore Protection Project.

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Fiscal Impact:

No Fiscal Impact - There is no direct fiscal impact of this Certification of Lands but failure to execute it could mean losing approximately $46.7 million in federal funding currently dedicated to the Brevard County North Reach project.

Dept/Office:

Natural Resources Management Department

Requested Action:

Recommendation

It is requested that the Board: Authorize the Chair to execute the Certifications of Lands 2, substantially in the form of the attached documents, for the North Reach of the Brevard County Shore Protection Project as prepared by the County Attorney’s Office.

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Summary Explanation and Background:

On April 20, 2000 the Board of County Commissioners (BOCC) entered into a Project Cooperation Agreement with the US Army Corps of Engineers to serve as the local sponsor for the Brevard County Shore Protection Project.  This agreement, as amended, requires that Brevard, as the local sponsor, acquire the real estate interest (“lands”) required for the project.  Brevard County provided a certification of lands prior to initial construction of the North Reach project in 2000.  On July 7, 2020 the BOCC approved a new updated certification of lands, as requested by the Corps, for the southern portion of the North Reach nourished in 2020-21.  The North Reach is scheduled for renourishment from November 2024 to April 2026 to repair erosion caused by Hurricane Nicole, in conjunction with the Canaveral Harbor Sand Bypass Project.  The Corps is now seeking a new certification of lands be provided by May 31, 2024 for the northern segment of the North Reach, not covered by the July 2020 certification. Timely certification is required for the Army Corps to utilize $46.7 million in federal funds appropriated for the project before the end of the fiscal year.

 

The County Attorney’s Office and Natural Resources staff have reviewed project easements and other documents to reaffirm the County has authority to use the land required for the 2024-26 renourishment of the North Reach.  This is reflected by the included signed Attorney’s Certificate of Authority. The Certification of Lands, including map, is attached.

Clerk to the Board Instructions:

The Chair & Clerk signatures required on two originals of the Certification of Lands.  This is time sensitive submittal for Army Corps. Please Contact Leslie Snyder 321-609-7333 for pick-up when ready.