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Resolution 174-1985 ~ RE~~CU~I~N N~. 174 -1985 IDHEREAj, ~he B~ARD.~?:.C~UN~M C~mmI~~I~NER~ ~f m~NR~E C~UN~M, fC~RIDA, has receiven an applica~ion from fC~RIDA C~mmERCIAC IN~E~~mEN~~, INC. , ann WHEREAj, in compliance wi~h ~~a~e ~~a~u~e, i~ is necessary as par~ of ~he permi~~ing procenure ~o rean ~he following Biological Assessmen~ in~o ~he Recorn, as follows: The applicant would like to improve the quality of boat mooring facilities at his commercial canal front property. The goal will be achieved by constructing a vertical concrete seawall along the length of the applicant's shoreline. The seawall will measure 103.21 ft. long and will have a 10 ft. wide concrete cap. Approximately 66~ yd. of material will be used as backfill for the seawall, all of which will be placed waterward of MHW. A ten foot wide cap will be placed on top of the seawall. The cap will extend back from the seawall over the applicant's uplands and will not extend out over the water at all. On the landward edge of the cap, the applicant's uplands will be graded to direct stormwater toward the uplands. The proposed seawall will primarly be used to facilitate the mooring and loading and unloading of commercial fishing boats, particularly lobster boats. A secondary function of the seawall will be to protect the applicant's shoreline from erosion. Turbidity curtains will be utilized to maintain water quality while the proposed work is underway. The project site is located near the northeast end of Plantation Key. The land adjacent to the project site has been developed into a canal front- type subdivision, with virtually all of the lots fronting on a series of dead-end canals. Most of the subdivision has been developed residentially, however, one area which fronts on the Overseas Highway has been developed commercially. The Keys Motel borders the east side of the project site. The motel is canal front and the shoreline behind it has been seawalled. To the west of the project site is a canal front parcel of land which belongs to the applicant. The shoreline on this property is not seawalled, however, permit number 440792835 (copy attached) was issued to the applicant on April 11, 1984. This permit authorizes the construction of a seawall virtually identical to the one presently proposed for the adjoining property. Adjoining the north side of the applicant's property is Freelan Road, which provides the only road access to the site. The north edge of Freelan Road borders on the Overseas Highway with only a grassed strip separating them. The south side of the project site borders on the Darmy Canal. The Canal is a dead-end design with three small fingers. The east of the canal connects to Tavernier Creek, which is a natural salt creek that separates Plantation Key from Key Largo and connects the Atlantic Ocean to Florida Bay. The far side of Darmy Canal has been developed with private residences. The waters of Darmy Canal are designated as Class III, Florida Waters (Chapter 17-3.081 and 17-3.161, Florida Administrative Code). The applicant's property consists of a 100 by 103 ft. (0.26 ac) rectangular parcel of land. The larger axis of the parcel runs roughly north and south. Substrate on the applicant's property consists of a thin layer of crushed limestone fill over Key Largo Limestone caprock. The property is quite level with an elevation estimated to be 2 ft. above MEW. Virtually all of the parcel is maintained as a mowed lawn. Resolution Florida Commercial Investments, Inc. Page Two When inspected, the project site was fenced on the three upland sides. A variety of equipment, most of which is related to commercial lobster fishing, including lobster traps and a trap dip tank were being stored on the site. As mentioned earlier, a dead-end borders the southern side of the applicant's property. The canal was box cut into limestone bedrock, such that the sides are virtually vertical. Since the project site area was apparently an upland area prior to the canal being excavated and the site filled the vertical rock sides of the canal extend up well above MHW along the applicant's shoreline. A direct result of the exposed rock nature of the shoreline on the project site is that there is very little evidence of erosion along the shoreline. Most of the length of the edge of the canal at the project site, is vegetated by a row of trees consisting primarlily of buttonwoods but there are also some Brazilian Pepper trees. As typical of dead-end canals, the one at the project site displays sub- standard water quality. This inspector has, on several occasions, received complaints about noxious odors and oil slicks on the canal. Construction related activities are likely to cause temporary elevated levels of turbidity, dissolved organic compounds and particulate organic compounds in the waters near the project site. Proper utilization of turbidity curtains should be able to control this impact adequately. The proposed seawall will permanently eliminate 500! ft.2 of wetlands along the canal bank. The functions of primary production, pollution filtration, habitat and sediment stabilization will also be lost with the wetlands. In the case of the project site, these functions are not well represented. BE !t RE$~C~ED BM tHE B~ARD ~F C~UNtM C~mm!$$!~NER$ ~F m~NR~E C~UNtM, FC~R!DA, that the ahove Biological Assessment has heen rean into the recorn ann nuly consineren pursuant to Florina $tatute 253.124 hy the Boarn of County Commissioners of monroe County, Florioa, this /I~j / nay of ~u nt:.- , 19 '7f6- at a regularly scheouleo meeting. B~ARD ~F C~UNty C~mm!$$!~NER$ m~NR~E C~uNtM, FC~R!DA . .. ~L\~ \.U ~..J -.-...A-~~ By L" mayor ~~ ., . ($EAC) Attest: DANNY L. KOLH.L'\.GZ, Clerk , /C: . Cuclen C. Pro y County Attorney .-.~. , , MONROE COUNTY @ .ANN lNG, BUILDING & ZONING DEPARTMENT PE APPLICATION FOR EXCAVATION, THE DEPOSIT OF FILL, OR STRUCTURAL ACTIVITIES IN THE WATERS OR WETLANDS OF MONROE COUNTY. 1) Property owners name & mailing address Florida Commercial Investments, Inc. P. O. Box 789 Gainesville, Florida 32602 2) Date 3) Phone number October 30 1984 (904)373-2045 4)~~nt~~JXor agent's name, mailing address, phone & certification number. James M. Killouqh Jr., P. E. weekdays 9 - 5 (31)5) 791-7275 8530 S. W. 28th Street residence (305) 472-3767 Qavie, Florida 33328 5) Legal description of property: Section, Township, 33 625 Key, P 1 ant at i 0 Subdivision, 80 a t man s C () 1 0 n y 16 & M.l/2 Lot, 0 f 1 0 t 1 7 Block, 1 Range, 38E Street, road or mile marker, 0 n 0 c e an sid e 0 f U. 5 . 1 ad j ace n t to Freelan Rd. (Old U.S.l) apJ'lrox 1200' South of Tavernier Creek Bridge Vv-- fv'- ~ 0,(; \2) 6) Describe the proposed activity, methods of construction & amount of material (in cubic )'ards) to be excayated or discharged. Describe purpose & intended use of project. Con s t rue t 1 () 3 . 21 L. F. 0 f V e r t 1 C a 1 Sea 'IJ all and 1 0 I wid e doc k . Sea w all t 0 bee 0 n s t r u c t e d 0 f Con c . ' T' p i 1 e san d precast cone. panels. Dock to be 6" x 10' wide poured in place reinforced concrete. The rroDosed facility is to provine rarallel dockinq for commercia fishing and lobster boats. volume of dredged/excavated meterial 2* c.y. 10 (if acreage) Zoning, PU-2 c.y. filled/deposited ~~c.y. waterward of M.H.W. c.y. waterward landward of lVI.H.W. of M.H.W. * Displacement of pile tins and panel ends 7) Name, address & zip code of adjoining property owners whose property affronts water way. 1/2 of Lot 17 & Lot 16 Lot 15 Lot 8, Rlock 2(across Fl.Commercial Investments Combank/\~inter Park James A. Camnbell P.O. Box 7 8 9 I n c . 7 50S. 0 ran g e A v e . 6 2 3 0 S. \<1. 8 t h St. _~ ~ ill e. Fl. 3 2 f) 0 2 \Hnt~E.ar_~ 1 3 ? 7 8 g P 1 n n t n tin n, F 1 :3 3 3 1 7 8 al List other permits issued and/or applied for, include applicant's name, for this site: Department of Army/Fl. Dept. of E~vironmental Regula~ion applied for concurrently - same applicant landward of M,H.W. car: joint application b) If application has been suhmitted for this project (or one similar) in the past, explain reason for new application and give applicant's name if different from current applicant. 9) List all Federal and State agencies that have received applications for this project. Joint Department of Army/Fl. Department of Environmental Re~ulations Applicati Submitted October 30, 1984 This completed application form will be accompanied by the following, or it will NOT be processed. a) Two (2) sets of drawings, on 8 V2 x 11 paper, showing location, plot plan, top view and cross section of proposal, drawn to scale, bl Application processing fee as follows: $75.00 for dredge, fiII, docks OR any structures affronting natural water bodies. $30.00 for vertical seawalls on man-made bodies of water. $75.00 for any combination of the above activities per site. Application is hereby made for a permit to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and to the best of my knowledge & belief such information is true, complete & accurate. I further certify that I possess the authority to undertake the proposed activities. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any county, state or federal law regulating construction or performance of construction of this type of facility. ~_--.. ~ ~-ta- p,l:. 1 atm'e of li\FFJ.i.~liI9t/agen 10/30/84 Date _ For Department Use O!!!yL ;; r" r- I I -\I) ;"J I ~ (-1 l ,:J S., '--)" , Fee & receipt v I.,' C l l_~'r U '1 :\ d \ '- .vd ' (,:...J'\11 (t L t...: ~ j,\ - .-L., Person acceoting annlicRttOll & Date Approved by Ass't Director ,..,............~ ,.....& -,..-....-:... -r,_ "'i;- ~ ,\ '-r' v ,j ( f' c <-.: l{~ \:.. , 1 \,' vI' S'~j (, p -J.,f ,~'..Y\ Ii ,r\ () ~......,.(~ If ('f' (t 't-'c.. " \. ) ( P " rl\ ,.. ( P- '" --< 'C) · (, ~ ~I.\ < ' -' ~ I "'II 0,--_. ~ ' ,..- t' C,,,- .,.-J Ii ,- J' "'\1 \ "~,, ~...;. l'" ~ 2! " '(1 l r,'~___, __ S <..1\ V"tJ '1-- L -UI;~ '-' - \ _ ~, l r { s:. .l C_ M 1..::1.... 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S ~ ~ ~ ...J t t g ~ c '" ~ ~ 0 ~ u ~ :t ~ ~ ~ II ~ ~ ~ 00- ~ k ..... t ~ = . 8 . . i I ~ I <( :z o ~ \Il ~ I ~ t:: I rij ... >- &L Q!, I 0 ~ ~ i ~ !-J t.., Q ,\ S :: ~ ..... " - ~.... 0 o c - <4~ .: -~ ..; ~o. !i 1..J,t)- _.: s~.: g . ~: ~l _ , .. . l... Co. ..a-: s~.... J i ~ ~ 8 i ~~~ ~IQ co . 0 . r " ~.... ~ l! ~ ''''.t.. .! 6 ~ ~ ; d " I ~ i ...., ..,' 8~ ~ ~ I"') o I . G I i I I - - . , . STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION . " . ~t.i~IRONA.i;:~ /0\ /---~~. /", / '.... / ~ / -/ -~-------:--; ~'~ ( ~ ~ - - - -'->1- ~'\'\\ 't f",; r------..= /- , -; r-- i~r--_n". _~Lu_Lj~) '\to.. \~" ('.'.(11 \rlJlil'w,.., li../ , r"d \lci'WJ.llf " , ",' '~. / '-. Sf. .' ~ / "'~~~!-':~/ BOB GRAHAM GOVERNOR SOUTH FLORIDA BRANCH OFFICE 7451 GOLF COURSE BOULEVARD PUNTA GORDA, FLORIDA 33950-9359 VICTORIA J. TSCHINKEL SECRETARY PERM ITTEE: Florida Commercial Investments, Inc. c/o James M. Killough, Jr., P.E. 8530 S.W. 28th. St. Davie, FL 33328 PERMIT/CERTIFICATION NO. 440949745 DATE OF ISSUE: December 21, 1984 EXPIRATION DATE: January 1, 1987 COUNTY: Monroe LATITUDE/LONGITUDE: 250 DO' OSliN 800 32' 04"W SECTION/TOWNSHIP/RANGE: 33 62S 38E PROJECT: Seawall, Perimeter Dock , This permit is issued under the prOViSions of Chapter 403, Florida Statutes, and Florida Administrative Code RuleCs) 17-3 & 17-4. The above named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawings(s), plans, and other documents attached hereto or on file with the department and made a part hereof and specifically described as follows: To construct 103 linear ft. of vertical concrete seawall requiring the deposition of approximately 66 c.y. of associated backfill and construct a 1030 sq. ft. perimeter dock adjacent to the seawall in a manmade canal contiguous to Tavernier Creek (Class III Waters), an artificial navigahle waterbody in Section 33, Township 62S, Range 38E, Monroe County. DER Form 17-1.201(5) Effective November 30, 1982 P ag e 1 0 f 5 Protecting Florida Gnd Your Quality of Life PERM ITTEE: Florida Commercial Investments, Inc. PERMIT / CERTIFICATION NO. 440949745 DATE OF ISSUE: December 21, 1984 EXPIRATION DATE: January 1, 1987 1. The terms, conditions, requirements, limitations, and restrictions set forth herein are "Permit Conditions" and as such are binding upon the permittee and enforceable pursuant to the authority of Section 403.161, 403.727, or 403.859 through 403.861, Florida Statutes. The permittee is hereby placed on notice that the department will review this permit periodically and may initiate enforcement action for any violation of the "Permit Conditions" by the permittee, its agents, employees, servants or representatives. 2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the department. 'y 3. As provided in Subsections 403.087(6) and 403.722(5), Florida Statutes, the issuance of this permit does not convey any vested rights or any exclusive privileges. Nor does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. This permit does not constitute a walver of or approval of any other department permit that may be required for other aspects of the total project which are not addressed in the permit. 4. This permit conveys no title to land or water, does not consti~ute state recognition or acknowledgememt of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the state. Only the Trustees of the Internal Improvement Trust Fund may express state opinion as to title. 5. This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, plant or aquatic life or property and penalties therefor caused by the construction or operation of this permitted source, nor does it allow the permittee to cause pollution in contravention of Florida Statutes and department rules, unless specifically authorized by an order from the department. 6. The permittee shall at all times properly operate ~nd maintain the facility and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit, as required by department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by department rules. DER Form 17-1.201(5) Effective November 30, 1982 Page 2 of 5 DEPARTMENT OF ENVIRONMENTAL REGULATION PEro~IT APPLICATION APPRAISAL File No.: 440949745 County: Monroe Date: 12-12-84 Applicant Name: Florida Corr:n1ercial Investments, Inc. Address: PO Box 789, Gainsvil1e, FL 32602 Agent (if applicable): James M. Killough, Jr., P.E. Address: 8530 S.W. 28th St., Davie, FL 33328 Location of project: Section(s) 33 Township 62S Range 38E Section(s) Township Range Local Reference: Plantation Key Water Body: Tavernier Creek Water Classification of Project Area: III Adjacent Waters: III Aquatic Preserve: None Outstanding Florida Waters: None On site inspection by: David Bishof Date of Inspection: 11-27-84 . Original Application: Yes ~ No Revised Application: Yes No Date of 2nd Insp. Date: Biological and Water Quality Assessment A. Description of proposed project 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 17-4.2a, 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 project. D. Potential impact of project on biological resources and water quality. Address long-term impact as well as immediate impact for all aspects of the project~ E. Suggestions, where appropriate, for modifications that may reduce or minimize the potential impact of project. PERM 16-10(Rev.6/79) FLORIDA COM~EFCIAL INVESTMENTS, INC. #440949745 Monroe County - Plantation Key Page Two A. The applicant would like to improve the quality of boat mooring facilities at his commercial canal front property. The goal will be achieved by constructing a vertical concrete seawall along the length cf the applicant's shoreline. The seawall will measure 103.21 ft. long and will have a 10 ft. wide concrete cap. Approximately 66+ yd of material will be used as backfill for the sea- wall all of which will be placed waterward of MHW. A ten foot wide cap will be placed on top of the seawall. The cap will extend back from the seawall over the appli- cant's uplands and will not extend out over the water. at all. On the landward edge of the cap, the applicant's uplands will be graded to direct stormwater toward the uplands. The proposed seawall will primarly be used to facilitate the mooring and loading and unloading of commercial fishing boats, particularly lobster boats. A secondary function of the seawall will be to protect the applicant's shoreline from erosion. Turbidity curtains will be utilized to maintain water quality while the proposed work is underway. B. The project site is located near the northeast end of Plantation Key. The land adjacent to the project site has been developed into a canal front-type subdivision, with virtually all of the lots fronting on a series of dead-end canals. Most of the subdivision has been developed resi- dentially, however, one area which fronts on the Overseas Highway has been developed commercially. The Keys Motel borders the east side of the project site. The motel is canal front 'and the shoreline behind it has been seawalled. To the west of the project site is a canal front parcel of land which belongs to the applicant. The shoreline on this property is not seawalled, however, permit number 440792835 (copy attached) was issued to the applicant ,on April 11, 1984. This permit authorizes the construction of a seawall virtually identical to the one presently pro- posed for the adjoining property. Adjoining the north side of the applicant's property is Freelan Road, which provides the only road access to the site. The north edge of Freelan Road borders on the Overseas Highway with only a grassed strip separating them. The south side of the project site borders on the Darmy Canal. The canal is a dead-end design with three small fingers. The east end of the canal connects to Tavernier ". FLORIDA COMMERCIAL INVESTMENTS, INC. #440949745 Monroe County - Plantation Key Page Three Creek, which is a natural salt creek that separates Plantation Key from Key Largo and connects the Atlantic Ocean to Florida Bay. The far side of Darmy Canal has been developed with private residences. The waters of Darmy Canal are designated as Class III, Florida Waters (Chapter 17-3.081 and 17-3.161, Florida Administrative Code) . C. The applicant's property consists of a 110 by 103 ft. (0.26 ac) rectangular parcel of land. The larger axis of the parcel runs roughly north and south. Substrate on the applicant's property consists of a thin layer of crushed limestone fill over Key Largo Limestone caprock. The property is quite level with an elevation estimated to be 2 ft. above MHW. Virtually all of the parcel is maintained as a mowed lawn. When inspected, the project site was fenced on the three upland sides. A variety of equipment, most of which is related to commercial lobster fishing, including lobster traps and a trap dip tank were being stored on the site. As mentioned earlier a dead-end canal borders the southern side of the applicant's property. The canal was box cut into limestone bedrock, such that the sides are virtually vertical. Since the project site area was apparently an upland area prior to the canal being excavated and the site filled the vertical rock sides of the canal extend up well above MHW along the applicant's shoreline. A direct result of the exposed rock nature of the shoreline on the project site is that there is very little evidence of erosion along the shoreline. Most of the length of the edge of the canal at the project site, is vegetated by a row of trees consisting primarily of buttonwoods but there are also some Brazilian Pepper trees. As is typical ~f dead-end canals, the one at the project site . displays substandard water quality. This inspector has, on several occasions, received complaints about noxious odors and oil slicks on the canal. D. Construction related activities are likely to cause temporary elevated levels of turbidity, dissolved orJanic compounds and particulate organic compounds in the waters near the project site. Proper utilization of turbidity curtains should be able to control this impact adequately. FLORIDA COMMERCIAL INVESTMENTS, INC. #440949745 Monroe County - Plantation Key Page Four The proposed seawall will permanently eliminate 500+ ft2 of wetlands along the canal bank. The functions of prImary production, pollution filtration, habitat and sediment stabilization will also be lost with the wetlands. In the case of the project site, these functions are not well represented. \, PC-20IOS Application No. Name of ApplIcant FLORIDA COMMERCIAL INVESTMENTS, INC. Effective Date MAY 0 1 1985 MAY 0 1 ?9!J" Expiration Date (If IIppliccable) DEPARTMENT OF THE ARMY PERMIT BeferriDgtowrit&enrequeatdated February 12, 1985forapermttto: ( )0 Perform work ill or affectiDa uvipble wa.. of the UDited Statee, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Riv.... and Harbon Act of March a, 1899 (88 U.S. C. 408); (X I Discharge dredpd or fill material iIlto wa.. of the UDited Statee upon the i.suance of a permit from the Secretary of the Army acting through the Chief of EqiDeers punuant to Section 404 of the Clean Water Act (88 U.S.C. 1844); ( ) Transport dredpd material for the purpo.. of dumpiDe it into ocean waters upon the i..uance of a permit from the Secretary of the Army acting through the Chief of EqiDeen purauant to Section 103 of the Marioe Protection, Re.earch and Sanctuarie. Act of 1972 {85 Stilt. l06R; P.L. aJ-&Dt; Florida Commercial Investments, Inc. Post Office Box 789 Gainesville, Florida 32602-0789 i. he' tby authorized by the Secretary of the Army: to install 103 linear feet of vertical concrete seawall, discharge 66 cubic yards of sand and limerock backfill material waterward of mean high water, and construct a 1,030 square foot perimeter dock on top of the fill and seawall m the Darmy Canal, a man-made waterway off Tavernier Creek Lot 16 and the northerly 1/2 of Lot 17 of Block 1, Boatmans Colony U Subdivision, approximately 1,200 feet south of U.S. Highway No.1 Bridge ove~ Tavernier Creek, at Section 33, Township 62 South, Range 38 East, on Plantatlon Key, Monroe County, Florida in accordance with the planl and drawiDp attached hereto which are incorporated in and made a part of thil permit (Oil draw- u..., 6iv. (ik llJUr1Hr or ocAn tUfim" iMIItlfic:atioll manU. ) 1 abel ed M85IPC-20105", in three sheets dated February 13, 1985 subjert to the followiDe conditiou: I. General Condltlona: L That all activiti.. identified and authorUed herem Ihall be conliltent with the term. and conditionl of thi. permit; and that any activitie. not apecificallyldentified and authorized herem .hall con.titute a violation of the term. and condition. of thil permit which may result m the modification, .ulpeuion or revocation of W. permit, m whole or in part. II let forth more specifically in ~enera1 Conditiou j or k hereto, and In the matitution of Iuch legal proceedings a. the United Statel Govern- ment may couldar appropriate, whether or not W. permit has been previou.l,. modified, .uspended or revoked in whole or m part. ENG FORM 1721, Sap 82 EDITION OF 1 JUL n IS OBSOLETE (BIl Jl4S-....) 1 (30512944641 ,r-..-- O,~~l: ~R~~~~E ...-r""'~ .BOARD OF COUNTY COMMISSIONERS Wilhelmina Harvey, District 1 Ed Swift, District 2 Jerry Hernandez, District 3 Mayor Pro tern Alison Fahrer, District 4 Mayor Ken Sorensen, District 5 Lucien C. Proby, County Attorney 310 Fleming Street Key West, Florida 33040 I, the undersigned, do hereby attest that all data and information is complete in the package of the applicant as follows: 1. County Biologist Report v-- 2. Resolution (FLORIDA COMMERCIAL INVESTMENT) v V 3. Application for Permit (SEAWALL) 4. Site Plan v 5. Location Map v ~ 6. DER Assessment Date ~--13-/lS By ~.Gao~ M E M 0 RAN DUM DATE: May 8, 1985 TO: Kermit Lewin, Acting Director of Planning & Zoning SUBJECT: Robert Smith, Biologist R5 i/ Florida Commercial Investments, Inc. Seawall FROM: LEGAL: Lot 16 and ~ of Lot 17, Block 1 Boatman's Colony Subdivision, Plantation Key ZONING: BU-2 I. INTRODUCTION: This application for a seawall and dock which involves fill below the Mean High Waterline (M.H.W.L.) should be reviewed by the Board ~ County Commiss- ers pursuant to Section 19-111 (a) (5) of the Monroe County Code. II. SITE DESCRIPTION AND PROJECT EVALUATION: The applicant proposes to construct a 10 foot wide dock by 103 feet long. Additionally, the applicant proposes to construct a vertical concrete seawall to which the dock will be tied into. The project will involve an excavation of 10 cubic yards of material of which 2 cubic yards will be waterward of the Mean High Water Line (M.H.W.L.). The project, as outlined, will also involve the placement of 66 cubic yards of fill waterward of the M.H.W.L. Placement of fill waterward of the M.H.W.L. pursuant to Section 19-111 (a) (5) of the Monroe County Code necessitates review by the Board of County Commissioners. Excavations waterward of the M.H.W.L., less than 100 cubic yards, requires review by the zoning official. A site inspection was performed on 11-8-84 and resulted in the following: The lot in question does not fall within the Shoreline Protection Zone (S.P.Z.) as defined in Section 4-18 of the Monroe County Code. The lot is bordered by Route 5 (Old U.S. 1) to the North and commercial business property to both the East and West; to the South the lot abuts Darmy canal. Vegetation present consisted of grasses on a scarified lot and a border of predominently brazilian pepper (Schinus terebinthefolius) and green button- wood (Conocarpus erecta). Subtidal vegetation was depauperate. -1- May 8, 1985 Florida Commercial Investments, Inc, Seawall III. EVALUATION: The project, as proposed, should have a relatively minor impact on the canal. This canal is currently being used by commercial fishing concerns with at least two of the adjoining properties having fish houses. The project will eliminate 500 square feet of wetland by fill below the M.H.W.L. and as such warrants consideration by the Board of County Commissioners, pursuant to Section 19-111 (a) (5) of the Monroe County Code. Additionally, the project will involve the removal of 2 cubic yards by excavation/dredging below the M.H.W.L. and thus pursuant to Section 19-111 (b) (f) of the Monroe County Code should be reviewed by the zoning official. Since the canal already has poor water quality and essentially no productive wetland vegetation, the impact of wetland removal should be minimal. IV. RECOMMENDATION: The biologist recommends "approval" with the following considerations: (1) Turbidity curtains to be employed during the work period. (2) The seawall have a small lip on the landward edge; or, a small berm in order to stop runoff of stormwater. V. OTHER: The applicant currently has a permit from the Florida Department of Environ- mental Regulation (F.D.E.R.) and from the U.S. Army Corps of Engineers (A.C.O.E.) (see enclosures). (1) FDER Permit (2) FDER Bio Report (3) ACOE Permit (4) Construction Plans (5) Application