A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ADMINISTRATION TO ENTER INTO A CONSENT ORDER WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR THE INDIAN CREEK DRIVE SEAWALL PROJECT; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSENT ORDER.

The Administration recommends that the Mayor and City Commission accept the Administration's recommendation to enter into a consent order with the South Florida Water Management District for the Indian Creek Drive seawall project and authorize the City Manager to execute the consent order.

Over the past year the Public Works Department has endeavored to solidify the City’s relationship with regulatory entities. Working closely with regulators such as Miami-Dade County Department of Environmental Resources Management (DERM) and South Florida Water Management District (SFWMD), many permits have been obtained and closed out. Some of the most notable accomplishments include permits for Palm and Hibiscus and Indian Creek.

During our extensive coordination with SFWMD regarding the Indian Creek Seawall, it was discovered that the wall encroached beyond the allowable 12 inches into the canal. On September 16, 2019 the City paid $7,700 to settle the violation.

In order to correct this issue and satisfy regulatory requirements, the City applied for a new permit to allow the wall to be built a maximum of 18 inches into the canal.

In order to obtain the permit, the City had to perform the appropriate environmental mitigation, which included the removal of four derelict vessels from Biscayne Bay.  With these conditions satisfied, SFWMD approved this permit on Aril 21, 2020.

In order to close the violation and complete this process, SFWMD has requested that the City enter into a Consent Order (Attachment). The Consent Order broadly covers the history of the project, states that the fine paid is satisfactory for the violation, and illustrates that by entering into this Consent Order, the City provides SFWMD with reasonable assurances of good faith for the project moving forward.

As part of the Consent Order, SFWMD agrees not to initiate an enforcement for the violations.

Results from the 2019 Resident Survey show that 63% of residents rated the City's efforts to manage stormwater drainage and flooding as excellent/good.  In order to continue maintaining excellent standards, the City intends to enter into a consent order with SFWMD.