Res 34-81 RESOLUTION NO. 3 4- 8 3.
A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF DELRAY
BEACH, FLORIDA, APPROVING THE APPLICATION OF PLUM
REALTY, FILED PURSUANT TO FLORIDA STATUTES 253.12t+ TO PRO-
VIDE EARTH EMBANKMENT WITH RIP-RAP ALONG THE INTRA-
COASTAL WATERWAY AND CONSTRUCT TWO STORM DRAIN OUT-
FALLS AT THE LANDINGS.
WHEREAS, the City of Delray Beach has received an application from Plum Realty, to
provide earth embankment with rip-rap along the Intracoastal Waterway and construct two storm
drain outfalls at The Landings (copy of the application appraisal is attached hereto and made a part
hereof); and,
WHEREAS, this application has been reviewed-and it has been determined that the
project entertained would not:
1. viqla, t_e any statute, zoning law, ordinance or other applicable restriction, nor
- 2. sOt~j~et the natural flow of the navigable water as defined in Section 253.12, Florida
St~itutes, to harmful obstruction or alteration, nor
3. create h~rmful or increased erosion, shoalling of channels or stagnant areas of
water, nor
~. cause material injury or monetary damage to accrue to adjoining land; and,
WHEREAS~-the Palm Beach County Health Department has determined.-
1. tha~; 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 flats 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
: ,-e.xtefit as to be contrary to the public interest.
And has also considered other factors affecting the public interest; and,
WHEREAS, the reports designated in Section 253.12~) Florida Statutes, have been
considered and read into the record at the same meeting at which final action has been taken on this
application (copy attached),
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, and further subject to.-
1. The outfall pipe at the north end of the property must be angled to the south to
avoid damaging existing mangroves.
2. Mangrove seedlings must be planted among the rip-rap near the outfall terminus to
provide filtering effect and to stabilize shoreline.
3. The drainage ditch on the F.I.N.D. property must be'located in such a way as to
avoid damaging existing and scattered mangroves by meandering the stream and
varying the width where necessary.
PASSED AND ADOPTED in regular session on this the 28th day of April ,
1981.
MAYOR
LEON M. WEEKES
ATTEST:
- 2 . R~es. No. 34-81
"t I~:E~ARTmtENT OF THE ,~ci,~tY/~kO R IDA. DE~TMENT.. O~ ENVIRONNtENTAL REGULATION
Mo.
Pi~ Realty
lO1 S,B. 6th A~enue
Delray Bea~;' FL" 53444
Kirk ~. Sckreihmr.. .
Land Su~ors an~ ~il ~gineerS
'2601 North '~edera! 'Hizhway
.Delray Bea~, Plori~a ~3444
T~a~,. i-005). 276.,450!
BOB G'RAHA;~I.
~,~01 GUN CLUB ROAO GOVERNO;[
P.O. BOX :3~58 JACOB
WARREN G.
: STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
Hatch 27, 1981 SOUTH FLORIDA St. JBDISTRICT
The Landings D&F Palm 'Beach County
c/o Kirk Shreiber Dredge/Fill IOW, Drainage
O'Brien, Sui~er & O'Brien
260.1 N. Federal Highway
Delray Beach, FL 33444
As we advised" you on February 10, 1981 , your application is
incomplete .w~thout local approval, pursuant to Section '253.124,
Florida Statutes, for filling waterward of the existing mean/
ordinary high water line.
Please submit the enclosed copy of our biological comments
''together with your permit application to the Board of County
Commissioners/City Council or their authorized permittinq
authority. ~SeCtion 253.124, Florida Statutes, states that the
county commission/city council" .... shall have in hand the
(bio!ogica!)~ report and findings thereof." It further states,.
"The report shall be read into the record and duly considered
at 'the same. meeting at which the board of county commissioners
or other authorized body takes final action on the application
for permit."
You will need to obtain a copy of the minutes of the meeting
or an appropriate indication of the local approval.. Th-is
letter, resolution or .copy of the minutes should be sent to
this office. Your application will remain incomplete without
valid local approval. If you have any questions concerning
this procedure, please- contact us.
Roy ~,[. Duke, Jr., P.E.
RMD.: :cj Permitting Section Head
cc: Palm Beach County Health Department
Enclosure
DER Form 17-1.122(50)
· '' ~' DEPARTMENT OF ENVIP, ONMENTAL REGULATION
PEP~iIT APPLICATION APPRAISAL
File No.: DF 50-39200 6E County: Palm Beach D~te: 1/29/81
Applicant Name: . .William ~ Plum, Jr.
Address: Plum Real=y~ .10I $.E. 6th.Ave., .Delray Beach, Fla. '33444
Agent. (if applicable): Kirk E. $chreiber, 0'Brien, Sui=er & 0'Brten, !nc.
AddresS:. 2601 No. ·'Federal Hwy., Delra~ Beach, Fla. 33%'44
Location of project: Section(s) 9 Township 46 S 'F~%nqe 43 E
Section '( s ) Township ' Range
'N.E. 8th S~. ~.I.C.W. "
Local· Reference:
Water'Body: I.C~W.
Water Classification of Project 'Area: III Adjacen~ Waters: III
Aqua~ic P~eserve: No , ......
Outstanding'.~lorida WaterS: No ._
On site inspection by; S.A. Webster . .
Date of Inspection: 3/&/81 Original App!ication:-Yes NoX
Revised Application: Yes , No X Date: Date of 2nd Insp.
- Bigl0~ical and Water Quality Assessment
A. Description·of proposed projec~ and 'construction'techniques.
Quantify area of project which extends into waters of the state
(including the'submerged lands of 'those waters and 'the transi-
tional zone of the submerged land) as defined in Section 17-4.02
and Section 17-4.28, Florida Administrative.Code.
B. Biophysical features of·general area. Include comments concerning
extent of development of adjoining properties as well as relevant
historical facts about the area.
C. Biophysical features of specific project site and spoil site if
applicable. Include identification of bottom types, and any
relevant historical facts about the area of the pro~ect.
D. Potential impact of project on biological resources and ~ater ~'
quality. Address long-term impact as well as i~mediate impact
for all aspects of the project.
E. Suggestions, where appropriate, for modifications that may reduce
or minimize the potential impact of project.
PEri 16-10(Rev.6/79)
W'illiam ~[. Plum, Jr. DF 50-39200 6E
A. Tka applicant proposes So dredge 296 cubic yards of material and
so place 50 cubic yards of fill below the line of mean high wa~er
(M.H.I.;.) at ='he corner of the N'.E. 8th S~. Bridge and the I.C.~.
~ithin Delray Beach, Fla.
The fill is =o 'be riprap and backfill necessary for the stabilization
of. a road b, ed~-~or a fire lane.- .
A 24 inch C.M.P. outfal! is to be placed at the midway point of the
property discharging into the I.C.W.
Another o.utfall pipe· is proposed.for construction at the north end
of the proper~y. Dredging of the area immediately surrounding the
..... ~rm-inus-~f the-pipe is'proposed for 'the purpose of channell.ing the
· excess storm wa=er runoff into the
Just south of the south property line is a drainage ditch located on
property owned by the Florida Inland .Navigation District (F.I.N.D.).
This ditch is' 'proposed =o be dredged to a width of 10 ft. and a depth
of - ! N.G.V.D'.
B. The general area of the project is along the
St. Brid~e in Delray Beach, Fla.
The uPland"is pre'dominantly developed by single family residences,
-but there a=e'~ome multifamily and commercial-establishments as well,
.The shorelines-are extensively bulkheaded with =he exception of the
properties-_~o...the immediate north and south of the bridge on the
east side of [-he I.C.W. Scattered mangroves may be found along =he
unbulkheaded shorelines though they are not abundant.
The property .to =he immediate south of the proposed work area is an'
undeveloped la'nd site ow'ned by F.I.N.D. This property was a former
spoil site-~t past dre~gin~ of the I.C.~. channel and is largely
vegetated by Austra'lian pines (Casuarina sp.). However, =here is
a iarga mang'rova section within the .cenTral area of =he property
which is populated by mature Black (Avicennia ~erminans), Whi~e
(La~uncularia- racemose) and Red (Rhizophora man~'le) mangroves.
Heal=by juvenile mangroves populate =he edges of an existing draina§e
ditch on the north edge of the property. This ditch is proposed to
be dredged to a ~id=h of 10 ft. and a depth of '-1 N.G.V,D.
C. The specific project site is located along ~he south side of ~he N.E.
$=h Ss. Bridge on the eas~ side of the I.C.W. within Delray Beach, Fla.
The upland has been cleared for future development and the vegetational
coy.er is predominantly pioneer grasses and weeds.
~,:illiam M. Plum, Jr' DF 50-39200 6E
c. (co,~td.)
The shoreline is relatively natural wi~h some riprapping and approxi-
mately six small mangrove areas of mature White mangroves '(L.a~un'cu!aria
racemose). The largest collection of mangroves is along the° north
end of the property. The mangroves here. are mature 'though they do
not appear to be as old as the mangroves on the remainder of the .-
shoreline. Slightly landward, there are a few areas containing some
transitional zone vege=ation, predominantly Sea daisy (Borrichia s_~.]. -
The s. ubstrate in the area is sand' and organics with a small quantity
of shell. Tidal flushing of the area is good and biological pro-
ductivity is excellent 'with the presence of numerous vertebrates and
invertehraces i~.habi=ing the area.
The project as proposed, would r~Sult in the loss of a mangrove area¢
on the north end Of the property, as well as some mangroves presently
existing wi=bin the'F.I.N.D, drainage ditch. There is also one very'
large mature White mangrove which may be Iost if the placemen= of
the riprap is ~oc done carefully around the,tree's root system.
Ad~i=ionall.y, the development of =he area -~ill i~crease the number
of pollutants entering ~he I;C.W. via the storm drainage system.
. ~_ The ~proposal 'may result in a significant negative long-term biological
~ impact, though no= a devastating one. Impac= on =he area could be
reduced to an acceptable level with the implementation o~ a few modi'
fica=ions.
The applicant may wish to consider some of the following suggestTons
to 1. essen the impact on the area..
The proposed placemen= 0[ the outfall pipel at the north end of the
property would eliminate a large' mangrove area. The applicant =ay
consider angling the end of the culvert to the south in such a way_
as to avoid damaging the existing mangroves. A few addi=ional~ man-
~rove seedlings may be planted among the riprap near ='he ou=fall
terminus to provide a 'small filtering, effect and to stabilize uhe
shoreline.
Kiprap should be placed carefully, particularly' around existing man-
groves and seedlings may b.e p~anted, in any areas which tend toward
more rapid er6sion.
Before dredging the drainage ditch on the F.I.N.D. property, the
applicant may wish to consider 9crying the width or meandering the
channel in some locations to avoid damaging the existing sca=tared
mangroves (Rhizophora man~le, Avicennia ~ermanans, and Laguncularia
racemose) along the ditch area.
Submitted by: , . Da=e: 3/t9/81
(Signature) - ~
S A. Webster, Environmental Specialist, Palm Beach County Health Dept.
SAW/f m