Resolution 250-1993
Public Works
RESOLUTION NO. 250 -1993
A RESOLUTION ACCEPTING THE SETTLEMENT OFFER
OF THE ARMY CORPS OF ENGINEERS DATED MAY 11,
1993, WITH THE EXCEPTION OF THE $10,000
PENALTY, FOR THE UNLAWFUL PLACEMENT OF FILL
AT THE MARATHON COURTHOUSE PARKING LOT.
WHEREAS, during the expansion of the Marathon Courthouse
parking lot in July 1991, fill was erroneously placed by the
County in wetlands outside the area permitted by the Army Crops
of Engineers (Corps);
WHEREAS, the Corps initially sought a $50,000 fine from the
County for the unlawful fill;
WHEREAS, in a memorandum dated January 28, 1993, the County
proposed, in lieu of such fine, certain mitigation projects to be
performed by County personnel with an estimated value of
$33,894.00;
WHEREAS, in a memorandum dated May 11, 199_~, the \.C3Cor~
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agreed to the County's mitigation proposal as a se=ttlement b@
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with an additional $10,000 penalty, a penalty that the Cor~ n~
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indicates is not necessary; and
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WHEREAS, it is desired to avoid lengthy litigation with t~
Corps and the US Department of Justice over the appropriate
penalty, a process which may ultimately result in the County
having to pay a significant cash penalty instead of providing the
in-kind mitigation proposed; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA,
The Corps' mitigation and settlement proposal dated May 11,
1993, in lieu of any further penalties or litigation regarding
the July 1991 unlawful placement of fill at the Marathon
Courthouse parking lot, is hereby accepted and approved with the
exception of the $10,000 cash penalty. The Director of Public
Works is ordered to undertake the mitigation required as soon as
possible. The Corps memorandum of May 11, 1993, setting forth
the terms of the settlement, as well as the County's memorandum
of January 28, 1993, referred to in the Corps' memorandum, are
attached hereto, incorporated and made a part of this resolution
by reference.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
16th day of
June
1993.
on the
Mayor London
Mayor Pro Tern Cheal
Commissioner Harvey
Commissioner Freeman
Commissioner Reich
yes
yes
yes
yes
yes
(SEAL)
Attest: DANNY KOLHAGE, Clerk
BOARD OF COUNTY
OF MONROE
BY~~~
vifill
By
By
Dats
DEPARTMENT OF THE ARMY
JACKSONVIllE DISTRICT CORPS OF ENGINEERS
P. O. BOX 4970
JACKSONVillE, FLORIDA 32232-0019
AEPl Y TO
ATTENTION OF
MAY 11 1993
Regulatory Division
Enforcement Branch
198701062/87IPW-21062
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Mr. Dave Koppel
Monroe County Board of Commissioners
500 Whitehead street
Key West, Florida 33040
"'\' 2 1993
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Dear Mr. Koppel,
A final review has been made of the pertinent information
associated with the noncompliance of Department of the Army
permit numbered 198701062 issued to the Monroe County Board of
County Commissioners (the County). To restate the facts
involved, an unauthorized fill activity occurred at the current
location of the Monroe County courthouse in 1984, followed by an
after-the-fact permit review and an issued permit. During
construction of the authorized activity, approximately 400 square
feet of fill was discharged in excess of that authorized by the
permit. A notice of noncompliance was issued to the County.
Various correspondence have transpired since that time addressing
resolution possibilities, including mitigation proposed by the
County.
Subsequent to these actions, a compliance inspection has been
performed at the Hammock Drive restoration area which is required
mitigation for permit numbered 198701062. The 500 by 50-foot
restoration area has been accomplished for 447 by 50 feet of the
pre-exiting roadway. A deficit of 53 by 50 feet, or 0.06 acre,
exists at the mitigation site. The mitigation has not been fully
completed.
In view of the noncompliance activity associated with the
parking lot site and the mitigation site, the nature of the
wetlands impacted and the nature of the wetlands to be
created/restored, this office is prepared to recommend the
following as an appropriate settlement to the u.s. Department of
Justice:
1) Compliance with the permit special conditions requiring
creation of the 500 x 50-foot H~mmock Drive mitigation area by
completing the final 53 x 50-foot area;
2) Creation of 600 square feet of wetlands onsite at a cost
of $8,890.00, as outlined in your letter dated January 28, 1993;
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3) Creation of 22,830 square feet of offsite wetlands at a
cost of $25,004.00, as outlined in your letter dated January 28,
1993; and
4) A cash penalty amount of $10,000 for a total settlement
amount of $43,894.
This office has obtained additional guidance on consideration
of offsite mitigation as it pertains to a civil penalty. In the
area of mitigation, a determination has been made that the cost
of offsite mitigation can be utilized to offset a civil penalty
amount if it involves more than simple wetland preservation.
We are interested in bringing this matter to closure and
request that you provide your position on this matter within two
weeks of the date of this letter. If you have any additional
questions or comments, please contact Ms. Mahoney at the
letterhead address or by telephone at 904-232-1683.
Sincerely,
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I~awrence C. Evans ~
C;Chief, Enforcement Branch
Ol!~ ~2!!!!2E
(305) 294-4641
Engineering Department
5100 College Rd.
Key West, FL 33040
BOAh.U vi COUNTY COMMISSIONE
MAYOR. Jacl( London, District 2
Mayor Pro Tem, A Earl Cheal, District 4
Wilhelmina Harvey, District 1
ShirteyFreeman, District 3
Mary Kay Re~, District 5
January 28, 1993
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Lawrence C. Evans
Chief, Enforcement Branch
Department of the Army
Jacksonville District Corps of Engineers
P.o. Box 4970
Jacksonville, FL 32232-0019
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RE: Marathon Courthouse Parking Lot
Proposed Mitigation Plan
Permit Number 87IPW-21062
Dear Mr. ~Evans:
As mitigation for the work performed at the above. ~'referenced
location Monroe County is proposing the following:
1. Remove the fill inadvertently placed beyond the existing toe
of slope in the wetlands adjacent to the parking lot and
restore the area to wetland conditions (work complete).
2. Create 600 sf of on-site wetlands estimated to cost
$8.890 (see attached).
3. Create 22.830 sf of off-site wetlands estimated to cost
$25.004 (see attached).
~
The Notice of violation was for 400 sf of fill placed into the
wetlands. All of the fill placed beyond the existing toe of
slope was immediately removed and the area was restored to
wetland conditions. In addition 23.430 sf of wetlands to be
created is being proposed. This amounts to a ratio greater
than 50:1.
Al though we are estimating the cost of this mitigation to be
$33.894 we are not suggesting that an equivalent cash amount
would be agreeable. Rather, we are proposing this large
mitigation area because, we could do this work in-house with
existing personnel and equipment, and the work will have a
positive effect on the environment.
Mr. Evans
January 28, 1993
Page Two
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The specific benefits of the off-sit 19a
in a letter from George Garrett t lizabeth
17, 1992.
..
We understand that "the Department of Justice hC!s provided
guidance which prohibits the consideration of off~site
mitigation as credit towards a civil penalty action." How~er,
consideration should be given to the fact that our negotiations
have preceded this action, and our off-site proposed mitigation
will not only create additional wetlands but also have a
positive effect on the endangered Key Deer. Therefore, we are
very hopeful that you will find this mitigation plan acceptable
and we can resolve this matter.
If you have any questions please feel free to contact me at
(305) 29~-4426.
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David S. Koppel, P.E.
Director of Engineering
DSK/jd
MGCMP
cc: Capt. Thomas W. Brown
Dent pierce
G~orge Garrett
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MEMORANDUM
TO:
Dent Pierce, Director
Public Works Division
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FROM: David S. Koppel, P.E. AAY
Director of Engineering~~
DATE: January 28, 1993
RE:
Marathon Courthouse Parking Lot ; .
Cost Estimate - Proposed Mitigation
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The following cost breakdown is given to perform both on-site
and off-site mitigation using current costs and estimates:
Item/Description
Estimated
Quantity
unit
Pride
Total
Cost
On-site
Surveying* - Crew
( 3 men)
0.5 day
$125/man
day..,.. .:'
$188
Labor*
- Supervisor
(1 man)
- Foreman
(1 man)
- Crew
(3 man)
1.5 days
3 days
3 days
..
$200/man
day
$150/man
day
$125/man
day
$300
$450
$1125
Administration* - Engineer 1 day
(1 man)
- Biologist 1 day
(1 man)
- Secretary 0.5 day
(1 man)
Equipment - Backhoe/
Loader (2cy) 3 days
- Dump Truck 3 days
(20cy)
- Truck (0.5Tn) 3 days
- Low Boy Tractor 0.5 day
Dump Fees ** 26.1 Tons
$260/man
day
$200/man
day
$150/man
day
$260
$200
$75
$128/day
$50/day
$76/day
$128/day
$384
$150
$228
$64
$110/ton
$2,868
Production Loss Value - equivalent to labor costs
Estimated Cost
$2,598
$8,890
Item/Description
Off-site
Surveying* - Crew
(3 men)
Labor* - supervisor
(1 man)
- Foreman
(1 man)
- Crew
(4 man)
10
10
Administration* - Engineer 2
(1 man)
- Biologist 2
(1 man)
Secretary 1
(1 man)
Equipment - Dozer (0-6) 10
- Dozer (0-3) 10
Loader (2CY) 10
- Dump Truck 5
(2-20cy)
- Truck (0.5Tn) 10
- Low Boy Tractor 0.5
Estimated
Quantity
/
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2
days ~
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unit : /.
Price: J..
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$125/man
day
$200/man
day
$150/man
day
$12S/man
day
$260/man
day
$200/man:.. .-
day:~, .
$150/man .'
day
$248/day
$128/day
$128/day
$50/Truck
day
$76/day
$12~/day
Production Loss Value - equivalent to labor costs
Estimated Cost
5
days
days
days
*Personnel costs include salary and benefits
d~ys
days
day
days
days
days.
days'
days
days
Total
Cost
$750
~
$1000
$1500
$5000
$520
$400
$150
$2,480
$1,280
$1,280
$500
$760
$64
$9,320
$25,004
** - Dump fees based on a portion of the estimated 51.5 cubic
yards of excavated material. 75% of the fill will be suitable
for cover at the land fill and, therefore, will be disposed of
at no charge. The remaining 25% of the excavated material will
be unsuitable fill including concrete & foreign debris, exotic
vegetation, etc and will be disposed of at the dump for a fee of
$110 per ton.
Summary of Mitiaation Costs
On-site
Off-site
Total
$ 8,890
$25.004
$33,894
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If you have any questions, please let me know.
DSK/jd
MCPLCE
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