Res 35-81 RESOLUTION NO. 35-81
A RESOLUTION OF THE CiTY COUNCIL OF THE CiTY OF DELRAY
BEACH, FLORIDA, APPROVING THE APPLICATION OF MINTO CON-
STRUCTION LTD. FILED PURSUANT TO FLORIDA STATUTES 253.12z~
TO-PLUG EXISTING BORROW PIT ENTRANCE FROM THE E-z~ CANAL
TO EXISTING LAKE IN THE PRO3ECT KNOWN AS LINTON LAKE,
LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD
AND CONGRESS AVENUE IN THE CITY OF DELRAY BEACH.
WHEREAS,. the City of' Delray Beach has received an application from Minto Construc-
tion Ltd. 'co plug existing borrow pit entrance from the E-g canal to existing lake in the project
known as Lin'con Lake, located at the southwest corner of Linton Boulevard and Congress Avenue in
the City of Delray Beach (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
pr oject enter.t_.'.mnecLwould not:
1, violate any statUte, zoning law, ordinance or other applicable restriction, nor
2. subject_ the natural flow of the navigable water as defined in Section 253.12, Florida
StatuteS; to harmfut obstruction or alteration, nor
3. create harmful or increased erosion, shoalling of channels or stagnant areas of
water, nor
4. cadse material injury.or monetary damage to accrue-to'adjoining land; and,
WHEREAS, the Palm Beach Counvy Health Department has determined:
1. 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. thai` 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
extent as to be contrary to the public interest.
And has also considered other factors affecting the public interest; and,
WHEREAS, the report-S 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 Ghapter 253. of the Florida Statutes, and further subject to:
1. Work shall not begin' until the final plat of LintOn Lake has been approved and this
ReSolution shall not be construed as an approval 'of any development plans
submitted by the applicant to the City of DelraY Beach in regard to the subiect
property.
2. The applicant shall implement such turbity control and water quality measures az
required by the City Engineering Department. The applicant prior to commencin5
any work shall submit plans and specifications, in regard thereto to the Engineering
Department and shall not commence work until it has received the approval of the
Engineering Department.
PASSED AND ADOPTED in regular session on this the 28th day of
April, 1981.
MAYOR
LEON M. WEEKES
ATTEST:
ity Clerk
- 2 - Reso. No. 35-81
N TOWERS OFFICE BUILDING ~GRAHAM
BLAIR STONE ROAO GOVERNOR
t.A.I-iA$SEE. FLORIDA 32:301 JACOB 0. VARN
SECRETARY
STATE OF FLORIDA
DEPART~':FNT OF ENVIRONMENTAL REGULATION ."
February 26, ].981
City of Delray Beach
c/o' City Manager
100 N.W. First Ave.
Delray Beach, FL 33444
Gentlemen:
File No. 50-34685, Palm Beach County
Minto Cbnstruction Ltd., Linton Lakes Project
The~ Department of Environmental Regulation staff has performed a bio- ~
logical survey for the above project and offers the following comments
to be Considered by the Board of Commissioners as required by Subsection
253.124(3), Florida Statutes.
?i'uj:~u Description/Location: The project consists of filling' the en-
trance of an artificial lake isolating the lake from the E-4 canal. The
surrounding: upland area will be developed and designed for residential
homesites. A drainage culvert will allow discharge from the lake to the
canal as a part of the sto.rmwater management system. The system will
maintain an elevation in the lake at +10 feet mean sea level in compari-
son to +8.5 feet mean sea level in the canal. A total of 72,178 cubic
yards' of material will be required to. fill 2.2 acres to 13 feet mean sea
level. The storn~,later management system has not been finalized for
permi tti ng.
The si'Ce is located adjacent to the E-4 canal between' Linton Boulevard
and Germantown Road. The E-4 is a segment of the Lake Worth Drainage
District and is designated as' class III waters of the State.
The site consists of an artificial basin connected
to an artificial canal by a 360 foot entrance. The predominately fresh-
water area is surrounded by disturbed uplands. Vegetation within the
basin consists of natural and exotic species, alongshore. Submerged
vegetation consists of green algae. The submerged side slopes of the-
lake are becoming vegetated. Circulation appears good and clarity of
the water is high.
Filling the entrance of this lake will restrict'circulation of flow and navi-
gation. Direct untreated storn~,/ater discharge may represent an impact on water
quality within the proposed isolated lake. Discharge from the lake system,
untreated, may impact water quality within the E-4 canal..
original typed on 100% r,~-ych, d })~tp.r
Pursuant to the requirements of Subsection 253.124(3), Florida Statutes,
the preceding 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 dra~vings.are enclosed {Attachment I, II).
A sampl~,,r~ttachment III) prepared by the Department's legal
staff ~'s a~s~en~j~e~. This document is provided to assist the Board
of Com~in preparing a resolution that will meet the require-
men~ of-Subsectqon 253.124(3}, Florida Statutes. The Board of Commis-
· sioners is not o~lig~ted to use this format so long as the Department. is
made aware tha/t/the requirements of the statute have been fulfilled.
Sinc~relY~
, Dan Garlick
~ ~_ _~ £nvironmental Specialist
Bureau of Permitting
DG/bh ~.~ ::
"SAJOD-RP-S ~EO ] ~
UN~TED STATES OF A~iERZCA ~ATE OF FLORIDA
DEPARTMENT OF ~ ARMY DE~AR~IT OF ENVIRO~IMENTAL REGU~TZON
Jacksonville District, Corps of Engineers Bureau ~ Pemitting
P. O. Box 4970 2600 Blair Stone Road
Jacksonville, FloC.da 32201 Tallahassee, Florida 22301
Zelephone: (90~) 79T-2211 Telephone: (904) ~8-0130
Pe~tt Application No. 80M-1810 ~e~t Applt~tion No. 50-34685
AuthoritY: Section 404 of th~. Au~ority: Chapter 263 and/or
Clean Water Act of 1977 403 of th~ Florida
· Statutes
JA~
198I
Cogent P~riod Ends: lB I98l Co~ent Period Ends:
ProJec~ Manager: Ronnie Tapp D~R ~nta~: Dan Garlic
TO ~HOM IT MAY CONCERN: An applicstton for a Permit has been reCeiv~.d by the
a'bove agencie~ 'and'"is being processed' Jointly in accordance with the applicable
Federal and State regulations.
APPLICANT: Minto Construction, Ltd.
' ~ 3880-Coconut Creek Parkway .. .... '
Coconut Creek, Florida 33056
WATERWAY & LOCATION: Lake ~orth' Drainage District Canal E-4 (II}, borrow pit
coh~:~Fu~ ~o--e:sc ":ide of canal between Lintor. Boulevard and Germantown Road,
city of Delray, Palm Beach County, Florida; Section 30, ToWnship 66 South, Range
43 East.
~'ORK & PURPOSE: The applicant proposes to discharge approximately 72,180
c~uic y~'~ds 'o? clean fill material into waters of the United States over a sur--
face area of 2.2 acres. The purpose of this p~ject is to plug the existing
borrow pit's entrance from Canal E-4 and to create an upland .area for develop-
merit as single-family dwelling sites for con~ercial sale.
/;OTF: Flori{Ja residents may contact this offiC.=, for information
on a 24-hour basis by calling toil free, telephon~ ~1-0~00-342-5~
SAJ FL 642 Co,.~..ents or ob-Jection~ should be sub,::itted in v.~ritino~.
lO JGnj '80