LTC 273-2003
CITY OF MIAMI BEACH
Office of the City Mangger
Letter to Commission No. ;J';:3 - ;;;c03
m
From:
Mayor David Dermer and Date: November 24, 2003
Members of the City Commission
Jorge M, Gonzalez \ ' . ~
City Manager U t"- 0
ALLEGED DUNE DEVASTATION AT ALTOS DEL MAR
To:
Subject:
In response to Mr. Swedroe's allegations made in attached letter, I am providing the
following information that documents City actions during the scaevola removal along the
Altos Del Mar beach dunes:
On September 30,2003, Mrs. Swedroe called the police because she believed the City
contractor was removing scaevola from the dunes without a permit. Rather than
confronting Mrs, Swedroe, the City temporarily moved the contractor to another location
along the dunes.
On October 2,2003, Public Works Department Environmental Division rescheduled the
contractor to eradicate the scaevola vegetation in the general area of 7ih and 78th Streets
as part of the City wide dune restoration project. Anticipating another challenge by Mr.
Swedroe, the City had the City Surveyor place surveying stakes along the erosion control
line and the street end right-of-way boundary lines, The City also requested police support;
Sgt. Don MacKenzie from the Miami Beach Police Department was present. While the
project was in progress, Mr. Swedroe challenged the City's staff as to their authority to
work in an area that he claimed was his property and without a State permit, interfering
with the progress of the project. When contacted, the State confirmed that the City does
not need any permit to do the work as neither a DEP permit nor any other permit is
required to remove nuisance and/or exotic vegetation such as scaevola (Police Report
attached), Attached is an opinion from the City's environmental consultant, Coastal
Systems International, Inc., and the appropriate excerpt from the Florida State Statutes
Chapter 161.053 (12)(b) and (c).
To my staff's knowledge, the City contractor never used any large heavy equipment such
as bulldozers. All scaevola removal was done manually and a small bobcat with the
appropriate wide tracks for beach operations was used to remove the large roots.
The area where the City contractor removed the scaevola is clearly State of Florida public
property and not private property. Moreover, although no public notice is required, the
public has been informed of the scaevola removal through public notices, mailings, and
public meetings the City held from September 2001 to April 2003 explaining to the area
residents the scope of work of the different segments of the North Beach Recreational
Corridor projects which include the removal of exotic plants and replanting of native plants,
I am attaching pictures taken along the Altos Del Mar area on October 2,2003. I am also
attaching pictures of an area along Ocean Terrace which shows you how the native plants
such as sea oats naturally have began to grow in the area cleared of scaevola just a few
months ago, When the dune restoration work is completed the exotic vegetation will have
been removed, native and appropriate plants introduced and the dune reshaped. This
work has the full support of the State DEP.
The allegations of Mr. Swedroe are a continuation of his baseless objections to work
appropriately being done by the City. The City is very conscious of Mr. Swedroes's
objection to the subject project and exercises extreme care in this area so as not to affect
private property.
J~Yfi
c: Robert C. Middaugh, Assistant City Manager
Fred H. Beckmann, Director of Public Works
Jean Olin, Deputy City Attorney
F:\WORK\$ALLIOLUCY LLOPIS\L TC\Dunes Scaevola Erradication 10,31,03,doc
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CITY OF MIAMI BEACH
PUBLIC WORKS DEPARTMENT
ENVIRONMENTAL MANAGEMENT RESOURCES
-
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PHOTOGRAPH TAKEN ON: 10/02/03 AT 10:12 AM
BY: Yari Arceneaux, Construction Manager
PROJECT: City of Miami Beach Dune Restoration Project
LOCATION: Dune area be~een 77th Street and 78th Street (facing north)
DESCRIPTION: Workers hand removing non native plants (Scaevola)
No.1
Signanrrefw1 ~
CITY OF MIAMI BEACH
PUBLIC WORKS DEPARTMENT
ENVIRONMENTAL MANAGEMENT RESOURCES
lQ
PHOTOGRAPH TAKEN ON: 10/02/03 between 11:00 AM to 12:00 PM
I
BY: Yari Arceneaux, Construction Manager
PROJECT: City of Miami Beach Dune Restoration Project
LOCATION: Dune area between 77th Street and 78th Street (facing north)
DESCRIPTION: Picture after initial cutting of Scaevola
No.2
Signature:
CITY OF MIAMI BEACH
PUBLIC WORKS DEPARTMENT
ENVIRONMENTAL MANAGEMENT RESOURCES
~
PHOTOGRAPH TAKEN ON: 10/02/03 between 11:00 PM to 12:00 PM
BY: Yari Arceneaux, Construction Manager
PROJECT: City of Miami Beach Dune Restoration Project
LOCATION: Dune area between tih Street and 78th Street (facing south)
DESCRIPTION: Survey stake marking Erosion Control line. Mr. Swedroe's fence is
, show west of the Erosion Control line
No.3
CITY OF MIAMI BEACH
PUBLIC WORKS DEPARTMENT
ENVIRONMENTAL MANAGEMENT RESOURCES
~
PHOTOGRAPH TAKEN ON: 10/02/03 between 11:00 PM to12:00 PM
BY: Yari Arceneaux, Construction Manager
PROJECT: City of Miami Beach Dune Restoration Project
LOCATION: Dune area betWeen 77th Street and 78th Street (facing south)
DESCRIPTION: Survey stake marking Erosion Control line. Mr. Swedroe's fence is
show west of Erosion Control line.
No.4
Signamre: V~ i2
CITY OF MIAMI BEACH
PUBLIC WORKS DEPARTMENT
ENVIRONMENTAL MANAGEMENT RESOURCES
~
PHOTOGHAPH TAKEN ON: 10/02/03 between 4:00 PM to 5:00 PM
BY: Yari Arceneaux, Construction Manager
PROJECT: City of Miami Beach Dune Restoration Project
LOCATION: Dune area between 7ih Street and 78th Street (facing south)
DESCRIPTION: Native plants not removed, nor Scaevola west of Mr. Swedroe's
fence
No.5
Signature:
CITY OF MIAMI BEAC~
PUBLIC WORKS DEPARTMENT
ENVIRONMENTAL MANAGEMENT RESOURCES
~
PHOTOGRAPH TAKEN ON: 10/02/03 between 4:00 PM to 5:00 PM
BY: Yari Arceneaux, ConstIlIction Manager
PROJECT: City of Miami Beach Dune Restoration Project
LOCATION: Dune area between 7ih Street and 78th Street (facing north)
DESCRIPTION: Native plants not removed, nor Scaevolas west of Mr. Swedroe's
fence
No.6
Signature:
CITY OF MIAMI BEACH
PUBLIC WORKS DEPARTMENT
ENVIRONMENTAL MANAGEMENT RESOURCES
lQ
PHOTOGRAPH TAKEN ON: 10/02/03 between 4:00 PM to 5:00 PM
BY: Yari Arceneaux, Construction Manager
PROJECT: City of Miami Beach Dune Restoration Project
LOCATION: Dune area between 77th Street and 78th Street (fencing west)
DESCRIPTION: Native plants such as Silver Button Wood were undisturbed
Signature:
No.7
CITY OF MIAMI BEACH
PUBLIC WORKS DEPARTMENT
ENVIRONMENTAL MANAGEMENT RESOURCES
~
PHOTOGRAPH TAKEN ON: 10/02/03 between 4:00 PM to 5:00 PM
BY: Yari Arceneaux, Construction Manager
PROJECT: City of Miami Beach Dune Restoration Project
LOCATION: 78th Street end I
DESCRIPTION: Bobcat with wide track used to assist with removal of the
scaevoela's roots and disposal of Scaevola material.
No.8
Signature:
CITY OF MIAMI BEACH
PUBLIC WORKS DEPARTMENT
ENVIRONMENTAL MANAGEMENT RESOURCES
~
PHOTOGRAPH TAKEN ON: January 2003
BY: Yari Arceneaux, Construction Manager
PROJECT: City of Miami Beach Dune Restoration Project
LOCATION: Dune area between 73rd Street and 74th Street (facing east)
DESCRIPTION: Dune after Scaevola removal
I
No.IS
CITY OF MIAMI BEACH
PUBLIC WORKS DEPARTMENT
ENVIRONMENTAL MANAGEMENT RESOURCES
m
-
-
PHOTOGRAPH TAKEN ON: 10/30/03 AT 10:20 AM
BY: Yari Arceneaux, Construction Manager
PROJECT: City of Miami Beach Dune Restoration Project
I
LOCATION: Dune area between 73rd Street and 74th Street (facing east)
DESCRIPTION: Dune restoration by nature after Scaevola was removed on January
2003
No.14
Signatur .
CITY OF MIAMI BEACH
PUBLIC WORKS DEPARTMENT
ENVIRONMENTAL MANAGEMENT RESOURCES
~
PHOTOGRAPH TAKEN ON: 10/30/03 AT 10:30 AM
BY: Yari Arceneaux, Construction Manager
PROJECT: City of Miami Beach Dune Restoration Project
LOCATION: Dune area between 73rd Street and 74th Street (facing west)
DESCRIPTION: Dune restoration by nature after Scaevola was removefon January
2003
No.2S
Signature:
CITY OF MIAMI BEACH
PUBLIC WORKS DEPARTMENT
ENVIRONMENTAL MANAGEMENT RESOURCES
~
PHOTOGRAPH TAKEN ON: January 2003
BY: Yari Arceneaux, Construction Manager
PROJECT: City of Miami Beach Dune Restoration Project
LOCATION: Dune area between 73rd Street and 74th Street (facing west)
DESCRIPTION: Dune after Scaevola removal
No.26
Nov 20 03 03:52p
COASTAL SYSTEMS INT
3056611914
p.2
Fl.,
t:J
SYSTEMS
COASTAL SYSTEMS INTERNATIONAL, INC.
,j64 South Dixit: lIighw"y . Cor,,1 Gables. florid" 5:3146
Tel: 30~-6<'>]'.3655 . Fax: 305-661,191fl
www.co:l.stalsyslemsint.com
201000.01
1'1''' 11'll.IIUNA I
November 20, 2003
Mr, Bob Halfhill
Assistant Director, Department of Public Works
CITY OF MIAMI BEACH
1700 Convention Center Drive
Miami Beach, FL 33139
RE: DEPARTME:'IlT OF ENVIRO;.lMENTAL PROTECTION - BUREAU OF BEACHES AND
WETLAND REsOURCES (DEP) REGULATORY EXEMPTION FOR MAINTENANCE OF DUNE
VEGETATION
Dear Mr. Halfhill:
The DEP exempts from pennit those activities seaward of the coastal construction control line
which are determined not to cause a measurable interference with the natural functioning of the
coastal system, This is to confirm that maintenance of existing beach/dune vegetation, including
removal of invasive exotic vegetation such as Scaevolafrutescens, is an activity which is exempt
from regulatory permit issuance by the DEP pursuant to Chapter 161.053(12)(b) and (c), Florida
Statutes, Enclosed is the relevant excerpt from the Statute,
Should you have any questions or require additional information, please do not hesitate to
contact me at (305) 669-6231.
Sincerely,
COASTAL SYSTEMS INTERN A TIONAL, INC.
~1~'
Christy 1. Brush
EnvironmentalfPennitting Department Head
CJB:
Enclosure
cc: Mr. Fred Beckman, City of Miami Beach
Pile. CKB, I.MS
F\Pr.,jccf.2Ul000.01\~ndence\t03-11-201 L.TR Bob ~fhil1f'r osr ~rnption rore>:oli"e "'tc:tl\l:ion rem:n:al.doc
Coastal. Environmental, Civil Engineering and Management
Nov 20 03 ~3:53p
COASTAL SYSTEMS INT
3056611914 p.3
(!)....(bl.o53(/~a.-rb)J ~ S.
F.S.2001
BEACH AND SHORE PRESERVATION
CII.161
0;0.\
department directing such removal or filling. In the
event the structure is not removed or the excavation
refilled within a reasonable time as directed, the depart-
ment may remove such structure or fill such excavation
at its own expense; and the costs thereof shall become
a lien upon the property of the upland owner upon
which such unauthorized structure or excavation Is
located,
(8) Any person, firm, corporation, or agent thereof
who violates this section is guilty of a misdemeanor of
the flrst degree. punishable as provided In s. 775,082 or '
s, 775.063; except that a person driving any vehicle on,
over, or across any sand dune and damaging or ca~s-
ing to be damaged such sand dune or the vegetation
growing thereon In violation of this section is guilty of a
misdemeanor oflhe second degree, punishable as pro,
vided In s. 775.082 or s, 775.083, A person, firm, corpo-
ration, or agent thereof shall be deemed guilty of a sep-
arate offense for each day during any portion of which
any violation of this section is committed or continued.
(9) The provisions of this section do not apply to
structures Intended for shore protection purposes
which are regulated by s. 161.041 or to structures exist-
ing or under construction prior to the establishment of
the coastal construction control line as proVided herein,
provided such structures may not be materially altered
except as provided in subsection (5), Except for struc,
tures that have been materially altered, structures
determined to be under construction at the time of the
establishment or reestablishment of the coastal con,
struction control Dne shall be exempt from the provi-
sions of this section, However, unless such an exemp-
tion has been judicially confirmed to exist prior to April
10,1992, the exemption shall last only for a period of 3
years from either the date of the determination of the
exemption or April 10, 1992, whichever occurs later,
The department may extend the exemption period for
structures thai require longer periods for completion of
their construction, provided that construction during the
initial exemption period has been continuous. For pur-
poses of this subsection, 'contlnuous' means following
a reasonable sequence of construction without signili,
cant or unreasonabie periods of work stoppage,
(10) The department may by regulation exempt spe-
cillcally described portions of the coastline from the
provisions of this section when in its Judgment such
portions of coastline because of their nature are not
subject to erosion of a substantially damaging effect to
the public,
(11) Pending the establishment of coastal construc,
tlon control lines as provided herein, the provisions of
s. 161,052 shall remain in force. However, upon the
establishment of coastal construction control lines, or
the establishment of coastal construction zoning and
building codes as provided In subsection (4), the provi-
sions of s, 161,052 shall be superseded by the provi,
sions of this section,
(12)(a) The coastal construction control require-
ments deflned In subsection (1) and the requirements
of the erosion projections pursuant to subsection (6) do
not apply to any modification, maintenance, or repair to
any existing structure within the limits of the existing
foundation which doeS not require, involve, or include
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any additions to, or repair or modification of, the exist-
ing foundation of that structure, Specifically excluded
from this exemption are seawalls or other rigid coastal
or shore protection structures and any additions or
enclosures added. constructed, or installed below the
lirst dwelling floor or lowest deck of the existing struc'
ture,
(b)' Activities seaward of the coastal construction \6$..J. tl
control line which are determined by the department SA-'*'.....(.J
not to cause a measurable Interference with the natural "'t~1
functioning of the coastal system are exempt from the ~
requirements in subsection (5)~ AI+-...(,
(c) The department may establish exemptions from eo. vb-o~
the requirements of this section for minor activitles c:."..-i~'
determined by the department not to have adverse r .'
Impacts on the coastal system. Examples of such actiV- t'O<:b-fM.....
ities include. but are not limited to: ~.... .
1. Boat moorings; 1v.Wt>>-
~; Maintenance of exlstina beach/dune veaeta. (~....
3, The burial of seaweed, dead fish, whales, or .fro......
other marine animals on the unvegetated beach; 6ol....,.i+':
4, The removal of piers or other derelict structures l" '
from the unvegetated beach or seaward of mean high
water;
5, Temporary emergency vehicular access, pro-
vided any impacted area is immediately restored;
6, The removal of any existing structures or debris
from the upland, provided there is no excavation or dis-
turbance to the existing topography or beach/dune veg'
etation;
7. Construction of any new roof overhang extend-
Ing no more than 4 feet beyond the confines of the
existing foundation during modification, renovation, or
reconstruction of a habitable structure within the con-
fines of the existing foundation of that structure which
does not include any additions to or modificatlon of the
existing foundation of that structure;
8, Minor and temporary excavation for the pur-
pose of repairs to existing subgrade residential service
utilities (e,g., water and sewer lines, septic tanks and
dralnfields, electrical and telephone cables, and gas
lines), provided that there Is minimal disturbance and
that grade is restored with fill compatible in both color-
ation and grain size to the onsite material and any dam-
aged or destroyed vegetation is restored using similar
vegetation; and
9, Any other minor construction with Impacts simi-
lar to the above activities.
(13)(a) Notwithstanding the coastal construction
control requirements defined in subsection (1) or the
erosion projection determined pursuant to subsection
(6), the department may, at its disoretlon, issue a permit
for the repair or rebuilding within tha confines of the
original foundation of a major structure pursuant to the
provisions of subsection (5), Alternatively, the depart,
ment may also, at Its discretion, issue a permit for a
more landward relocation or rebuilding of a damaged or
existing structure if such relocation or rebuilding would
not cause further harm to the beach-dune system, and
if, in the case of rebuilding, such rebuilding complies
with the provisions of subsection (5), and otherwise
complies with the provisions of this subsection,
7