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Res 33-81 RESOLUTION NO. 33-81 - - ..... A-RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE APPLICATION OF SIEMENS CONSTRUCTION CO., FILED PURSUANT TO FLORIDA STATUTES 253.12t~ TO FILL THE SOUTH END OF "LAKE DELRAY" A/K/A RAIN- BERRY LAKE A/K/A LAKE KILLARNEY, EXCAVATE CANALS, AND - CONSTRUCT A RADIAL GATE WATER CONTROL STRUCTURE IN RAINBERRY LAKES DEVELOPMENT. WHEREAS, the City of Delray Beach has received an application from Siemens Construction Co., to fill the south end of "Lake Delray" a/k/a Ralnberry Lake a/k/a Lake Killarney, excavate canals, and construct radial gate water control structure in Ralnberry Lakes development (copy of the application appraisal is attached hereto and mad~ a part hereof)~ and, WHEREAS, this application has been reviewed and it has been determined that the project entertained would not: 1. violate any statute, zoning law, ordinance or other applicable restriction, nor ........ 2. subject ~e natural flow of the navigable-water as defined in Section 253.12, Florida Statutes, to harmful obstruction or alteration, nor ............. 3_: create__._h, armful or increased erosion, shoatling of channels or' stagnant ~rea~ ~ - water, nor ¢. cause mater{al injury or monetary damage to accrue to adioining land~ and, i~< _ -.t~ .... that the project will not interfere with the conservation of fish, marine and wildlife or' Other natural resources to such an extent as to be contrary to the public interest~ and, 2. that the project will not result in the destruction of oyster beds, clam beds, or marine productivity, including but not limited to destruction of natural marine · -habitats, grass fla~s suitable as nursery or feeding grounds for marine life, including established marine soils suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life will result therefrom to such an extent as to be contrary to ~he public interest. And has also considered other factors affecting the public interest; and, WHEREAS, the-reports designated in Section 2~3.12~,, Florida Statutes, have been considered and read in~o the record at the same meeting at which final action has been taken on this application (copy attached), '. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That approval is given to the construction of the above-referred to project subject to the approval of the Department of Environmental Regulation and any other agency required by law pursuant to Chapter 253 of the Florida Statutes. PASSED AND ADOPTED in regular session on this the 28th day of April , MAYOR LEON M. WEEKES ATTEST: STATE. OF FLORIDA DEPART~,~1'FNT OF ENVIRQN~IENTAL REGULATION BO8 G F{AH AM 'T",'VIN TowERS OFFICE BUILDING GOVERn;OR ~00 ~LAIR ~TONE ROAD TACLAHASSEE, FLORIDA 32301 VICTORIA J. ~CHINKEL ~ECRETARY March 30, 1981 City of Del raY Beach c/b City ~anager . 100 N.W. First Avenue .Delray Beach, FL 33441 Gentlemen: File !No. 50-33649, Palm Beach County Richard Siemens, Rainberry Lakes Project The Department of E~vironmental Regulation staff has performed a biologi6al survey for the above project and offers-the following comments to be considered by the Bqard of .Commissioners' as required' by Subsection 253.124(3), Florida ;Statutes.. -~.-oe~bie~ect Description: The site'is located between Congress Avenue and Lake Del ray. Lake Del ray is the waterbody to be affected by the project. The lake is contiguous to the L-30 Canal which,, in turn, is contiguous to Lake Ida. These waterbodies are all designated Class III waters .of the State. The Project consists of an after-the-fact waterfront devel'opment. The completed construction consists of the following: 1) filling approximately .5 acres of Lake Delray, at the south end, with 6,000 cubic yards for a pool; 2) constructing a radial gate for stormwater detention (3 year/1 hour storm event) and private navigational access to Lake Delray; 3} excavating two canals .connecting to the lake. The south canal dimensions consist of 450 ft. by 30 ft. eXcavated to an elevation of +3.5 ft: mean sea level, constrUcted as a straight dead end cabal. The north canal demensions are 1,350 ft. by 30 ft. with a bottom elevation of +3.5 ft. mean sea level, constructed as an L-shaped dead end cmna.l. At approximately half the distance of a~d connected perpendicularly to the north canal, a tapered dead end canal (600 ft. by 30 ft., +3..5 ft. mean sea level) has been constructed terminating with a stornw~ater outfall.. A 2 acre retention pond (300 ft. by 300 ft., 0.0 ft. mean sea level) is being excavated and proposed to be connected to the terminal end of the north canal. The L-30 canal water levels are controlled at 8.5 ft. r4SL providing a. depth of 5 feet in the after-the-fact canals. The'canal sides are seawalled. A total of 73,800 cu. yds. of material has been .or will be excavated. Protec'~ing F/or/da and You~' Oue/ity of Life City of Cl~earwater · Page TWo 'March 30,. 1981 An on site inspection revealed that Lake Delray and the after-the- fact canals are freshwater in nature. The lake shore is either sodded or. bulkheaded. The lake dimensions are 3000 X 300 ft. and slope to a depth of 20 feet. Shallow areas are sandy and support some plant growth including cattails, water lettuce, elodea and maidencane. 7he bottom sediments in deeper parts of the lake are typified by mucky silt and no vegetation. The area filled at the south end of the lake was probably very similar to these areas prior to. being filled, An exotic clam {Corbicula manilensis)' inhabits submerged areas.in the south area... The newly exca.vated canals are bulkheaded along the shoreline. Vegetatibn'in shoaled areas of the canal is sparse and charac- teristic of the adjacent lake. Upland areas consist of cluster housing and paved access roads. Water quality in the lake and canals is marginal. Samples recorded during optimal conditions yielded data.barely capable of meeting criteria as prescribed in the-State Water Quality Standards. Outfalls located at the. south end of the lake and in the canals are anticipated.to degrade water quality within the system as a result of stormwater runoff. Also, dead end canals are not conductive to maintaining water quality. Pursuant to the requirements of Subsection 253.124(3), Florida Statutes, the precediQg comments should be duly considered and read into the minutes of the meeting at which time a determination of local approval is made. To assist in evaluating the project a copy of the application and a set of project drawings'ar'e enclosed (Attachment I, II). A sample resolution (Attachment III} prepared by the Department's legal staff is'also enclosed. This document is provided to assist the Board of CommisSiOners in preparing a resolution that will meet the requirements of Subsection 253.124(3), Florida Statutes. The Board of Commissioners is not obligated to use this format so long as the Department is made aware that the requirements of the statule have been fulfilled. Sincerely, Dan Garlick Environmental Specialist Bureau of Permitting DG/bh cc: Richard Siemens c/o Joel Wantman & Assoc. 2328 S. Congress Ave. West Palm Beach, FL 33409 West Palm 8each, DER JO|NT APPLICATION DE?ARTMENT Oi::: THE ARMY;FLORIDA DEPARTMENT OF ENVIRk.qNMENTAL ~G~ ' ACTIVITIES IN WATERS OF THE STATE OF FLORIDA O~ ~' Yr. 50-33649 R~ch~rd Siemens Sirens Construction gompany : 711 N.~. 25th Avenue . De]ray Beach;, Florida 33447 ~ ,. , - .~] '...:' ' ' 2} 2-3088 .......... " ~ ~"l~ WANT~I & ~SOCIAT~, INC. J~el Wanton, P.E. ' 2328 ~ou~h.Congress Avenue Wes~ PaTm Beach, Florida .T~o~ Num~. 1. Fill Sou~h End of Lake 2. Excavate CAnMs 3. Construc: radial gate water control s~ructure V~ume of Mat.fi3t: ' _ CY 7 ~,~0 CY - ~ ~000 CY 7. Pr~ us) ' [. Cen[ex 'Homes of Florida 2. Carman Development Corp. ~8305 Nor[~es~ 68th Ave. c/o Pines of'Del Ray North Miami Lakes, Florida 33015 Delray Beach, Florida 3. Carol Siemens, Trustee Siemens Construction ~Q, - 71l ~{2~. ?~th Aw. ~lr~,~ Su,t~:r~: N.W, corner - Lake Ida Road and Congress Avenue. I Florida Del ray 8each ., Strata ~n~ in C,~ ~ To~n N~at C~ ~ To~m ; lO. N~afwecer*av att~at~onot ~e~ivi~ t.~ D.D. L- 30 canal S~ FO~ 983 03Ce aC~v,~ is e,geCt~ (~ ~ qomale[~ 120 days from comencing Is ~or~ion ~-80 It ~nsw~ is "Yes" give [e~son~ i~ t~e temacks s~tlon. Mant~ ~nd ve~r t~e ~cti~i~ w~s __. Indicate the e,-s[snQ wor~ on cna South Florida ga:er ~4a.ngt. Drainage & Earthwork 50- ~011-5 I1- ~-78 1-6- 78 Dept. Environ/Reg. Dredge & Fill DF50-6148 9-3.78 12-4-78 Lake Worth Drainage' District Fill;Drainage - g- 78 10-3-78 City of Delray 8each Final Site Plans & Plats 9-78 10- 78 ~ibed herein? Y~ [ ] NO [~ (lf"Y~"exotamninr~ks) TS. RemarW% Csee l~i~tiQn ~amgme~ ~Or ~itiO~ inf~ati~ r~mr~ foe Get.in The land marks on ~ east and wes: s~d~ of .:he '~ro~ec: w~] be developed ~n:o. a residential co~un~:g. The lak~ w~]l be used for recreatfonal and renten:ion s.:o~ water; a control structure w~11 be ~nstalled from :he lake :o L-30 when subdivision ~s desigqed and approved by governing au:hor~:ies. At :1mas there are trespesse~ on :he. lake and :o maintain L~ab.~ltty ~nsurance fo~ :he: ~s-a~..burden - ~n :he ~ner. Unres:~c:ed' access to :he lake does n~: allow for-c~:ro]. Th~s excessive use of the private ~ake w~l create ob~ectional norse and bank ~or the future residents.. The cons:rut:ion :o be pe~::ed consists of excava:~o~ ~f can~l~ off :he leke ,';fi~ling of :he south end of :he lake end cons:rut:ion ~ radial gate control structure at the entrance to the L.30 ca~al. pOSe~ PrOi~: .,It :~Oiy wiC~ ~e aogliCable ~cace Water Qu41~ ~t~d~r~s or o~r e~ironmen~31 arc,acOrn st3n- ;nloe:tot~ fro~ b~e e~vi~anm=ncai orotect~on age~c~ for t~e ~gase of mak;ng ~relimina~y analyses o~ :he s~ce and :eec Ccrt~ly :P J: I uos~ss cne ~u:hor~tv~O u~e~t,.c or.~os~ ac::v,t,es.~ '74'g5/:;"': '/ " z" /': e ~. 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