On June 17,  2024, The U.S. Army Corps of Engineers, Jacksonville District held a Site Visit/Industry Day event as a means of conducting market research to gauge the interest, capabilities, and qualifications of various members of the Construction Community, to include Small Businesses, as the Government must ensure there is adequate competition amongst the potential pool of responsible contractors. This requirement is for fiscal year (FY) 2024 award of a project that consists of using heavy equipment for clearing and grubbing areas shown on the plans within the C-11 Impoundment project limits for the Broward County Water Preserve Area (BCWPA), Contract 2.1.

A BCWPA Open Forum Discussion/Presentation was held directly afterwards in order to brief and update all Industry, Government, Customer, and Community Stakeholders on the statuses and timelines of the upcoming BCWPA projects, Contract 2 and Contract 3 and answer any general questions.

The presentation slides can be accessed here.  Per the slide presentation, an updated schedule of the BCWPA projects as of June 2024 can be accessed here.

STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF INTENT TO ISSUE PERMIT

The Department of Environmental Protection (Department) gives notice of its intent to issue a modification to the Comprehensive Everglades Restoration Plan Regulation Act (CERPRA) permit for the construction and interim operations of the Broward County Water Preserve Areas (File No. 0284349-007), in accordance with Section 373.1502, Florida Statutes (F.S.); Title 62, Florida Administrative Code (F.A.C.), to the U.S. Army Corps of Engineers (Corps). The application is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department’s Office of Water Policy and Ecosystems Restoration, 3900 Commonwealth Blvd., MS 24, Tallahassee, Florida 32399-3000, telephone number (850) 245-2228. 

The goals and objectives of the BCWPA Project are to reduce seepage loss from Water Conservation Area (WCA) 3A/3B to the C-11 and C-9 basins, and capture, store and distribute surface water from the western C-11 Basin that is currently discharged into WCA 3A/3B.

The BCWPA Project is located in western Broward County in south Florida. The project boundaries are bordered by WCA 3A/3B, Interstate 75, and the Miami Canal (C-6 Canal), and are within the city limits of Weston, Pembroke Pines, Miramar, and the town of Southwest Ranches. The project is located in Sections 14, 15, 22, 23, 26 and 27 Township 50 South, and Range 39 East.

The Department will issue this permit unless a timely petition for an administrative proceeding is filed pursuant to the provisions of Sections 120.569 and 120.57, F.S., before the deadline for filing a petition.  On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department.  Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application.

A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S.  Pursuant to Rule 28-106.201, F.A.C., a petition for an administrative hearing must contain the following information:

1. The name and address of each agency affected and each agency’s file or identification number, if known;

    

2. The name, address, any email address, any facsimile number, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination;

    

3. A statement of when and how the petitioner received notice of the agency decision;

    

4. A statement of all disputed issues of material fact.If there are none, the petition must so indicate;

    

5. A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action;

    

6. A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and

    

7. A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action.

The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.  Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.

In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first.  Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication.  The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it.  Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.

Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing.  The Department may, for good cause shown, grant the request for an extension of time.  Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing.  A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

Mediation is not available in this proceeding.

Associated Documents to Notice of Intent to Issue Permit:

• 2a - Notice of Intent to Issue Permit – Cover Letter
• 2b - Notice to Intent to Issue Permit – Official Filing
• 2c- Draft CERPRA Permit No. 0284349-007

• March 2023 - SFWMD is in the Final Design for the C-11 Impoundment, with the intent to award a  construction contract in late 2023 or early 2024. Construction would take 5-7 years through 2031. The US Army Corps of Engineers will be taking the lead on the design and construction of the feature, then it would be transferred to SFWMD to manage and maintain.  The infrastructure design details are considered Controlled Unclassified Information and cannot be shared.  Project information can be found at their website.

• Mid-Year 2022 SFWMD estimated to begin construction at the C-11 impoundment.

   

• Design and construction of a Cul-de-sac on SW 36 Street past the Florida Nature and Culture Center.

• South Florida Water Management District (SFWMD) to complete utility relocates, land acquisition and road closure in December 2021 (SW 36 Street will no longer go through to US 27)

• January 2021 - The City of Weston was notified by SFWMD that the Army Corps of Engineers in on track to begin construction in 2022, which requires the SW 36 Street closure by December 2021.

• January 2024 Update - Per the SFWMD Project Manager, Elizabeth Caneja, "Corrected Final Design Plans are anticipated to be received mid-February, 2024. Construction award is anticipated for late FY 2024 and construction would most likely begin in 2025.

• June 2024 - The U.S. Army Corps of Engineers, Jacksonville District held a Site Visit/Industry Day Event. Click for project updates. 

As far back as 2006, the City began dialogue with the agencies involved. A number of issues were raised and on some of those issues we obtained favorable assurances, however the closure of SW 36 Street from 202 Avenue to US 27 is integral to the project. This is not a City project, rather, as mentioned above, it is coordinated by the South Florida Water Management District (SFWMD) and design & constructed by the Army Corps of Engineers (ACOE).

• April 2006 – City of Weston responds to Project Implementation Report for the Broward County Water Preserve Areas- C-11 Impoundment Project.
• April 2007 – City of Weston City Commission Workshop Meeting – C-11 Impoundment Project.
• February 2012 – US Army Corps of Engineers issues Final Revised Project Implementation Report and Environmental Impact Statement for the Broward County Water Preserve Areas.
• December 1, 2015, 1 p.m. to 8 p.m. - The City of Weston, the South Florida Water Management District and the US Army Corps of Engineers held an Open House about the project at Weston City Hall.
• December 7, 2015 - Resolution No. 2015-132, Approving An Agreement Among City Of Weston, Indian Trace Development District, and South Florida Water Management District For The Conveyance Of Lands For C-11 Impoundment Area.
  • WHEREAS, Sixth, the City and the ITDD are willing to convey the Property to the SFWMD by a quitclaim deed for nominal consideration subject to agreement by the SFWMD to assume certain obligations in connection with the development, use and operation of the Project; Includes vacating SW 26 Street and SW 36 Street.
• January 19, 2016 -  Resolution No. 2016-03, Approving the vacation of SW 26 Street.
• January 19, 2016 - Resolution No. 2016-08, Approving The First Amendment To The Agreement Among City of Weston, Indian Trace Development District, and South Florida Water Management District For The Conveyance Of Lands For C-11 Impoundment Area. Amendment required as there was a delay with federal funding so all parties agreed to hold off on the closure of SW 36 Street since construction was not beginning in 2016 as previously planned.
  • WHEREAS, Ninth, the Agreement requires the City and the ITDD to vacate the portions of the SW 26th Street and SW 36th Street rights of way within the Property prior to closing; and
  • WHEREAS, Tenth, SFWMD wishes to delay the vacation of the SW 36th Street right of way until after the closing under the Agreement, and after SFWMD gives the City and ITDD 90 days written notice requesting vacation of the SW 36th Street right of way;