Resolution 039-1984
J
RE$Q)CUtIQ)N NQ).
039 - 1984
WHEREA~ tHE BQ)ARD Q)F (Q)UNty (Q)IDmI$$IQ)NER$ Q)F mQ)NRQ)E (Q)UNt~ FCQ)nID~ has
receiven an application from
KLEIN, SIMON
ann
WHEREAS, in compliance with $tate $tatute, it is necessary as part of the
permitting procenure to rean the following Biological Assessment into the Recorn
as follows:
The applicant proposes to construct a t164 foot long seawall
along a residential shoreline fronting Lower Sugarloaf Sound.
Also proposed is the excavation of a 25' x 15' boat slip on
the adjoining canal side of the same property.
The proposed seawall would be constructed at the approximate
mean low water line. Riprap would be placed at the toe of the
seawall for t3' waterward. The waterward edge of the seawall
would be six feet from the edge of an offshore perimeter
channel.
The proposed boat slip would slope from -4' to -5' (datum
unknown) in depth. A boat ramp would be constructed at the
end of the basin. The perimeter of the boat slip would be
bulkheaded.
The applicant estimates that a total of 130 cubic yards
would be filled above MHW and 33 cubic yards would be filled
below MHW. A total of 55 cubic yards would be excavated for
the boat slip.
The purpose of this project is to protect the upland protion
of the applicant's property and to provide boat mooring.
The project site is located within Sugarloaf Shores subdivision,
a waterfront residential community bordering Lower Sugarloaf
Sound, which is, in turn, bordered on all sides by Sugarloaf
Keys. Lower Sugarloaf Sound is a shallow expanse of water which
opens by way of narrow, naturally occurring channels, into
the Atlantic to the south and the Gulf to the north.
Sugarloaf Shores subdivision was artifically created by
dredging and spoiling, forming what is now a series of dead-
end canals, all connected at their basal ends by a peripheral
channel.
This channel and its associated canals were boxcut to deep,
undetermined depths. The recreated shorelines here consist
of loose limestone and marl, overlying the original Miami
oolite subsurface.
Water qualify offshore is good, although transparency tends
to suffer during water turbulence due to a somewhat unconsoli-
dated benthos consisting of finely textured inorganic silts
overlying the basal subsurface. Seagrasses and algae cover
most of the bottom, but tend to be somewhat patchy.
Reso'1ution No.
KLErIN, SIMON
Page Two
A permit has been previously issued to John Habel, authorizing
riprap placement along the shoreline of this property
(Permit #44-l70l3-5E). No work was performed in conjunction
with this permit.
There is presently no shoreline development on the adjacent
lot (Lot 33). The entire subdivision is approximately 10-20
percent developed with single family residences.
The applicant's shoreline displays a small amount of erosion,
accounting for a 110 foot wide subtidal/intertidal shelf,
which has been carved from the limerock fill. Although
smaller fill particles have washed away, larger rocks remain
which support green a1gaes such as Batophora sp. and Acetabularia sp.
Within the finer rubble of the subtidal zone, sparse blades
of turt1egrass (Tha1assia testudinum) appear. Also found
in sparse numbers is the red algae, Laurencia sp..
Further offshore, within the deeper waters of the perimeter
channel, seagrasses are well established.
Landward of the erosion line, buttonwoods (Concarpus erecta)
and sea daisy (Borrichia sp.) occur.
A single small, but multi-branched, stalk of finger coral
(Porites porites) was observed near the waterward edge of the
shoreline shelf. Also, several knobs of starlet coral
(Siderastrea radians) were observed within the subtidal area.
Small baracuda (Sphyraena barracuda) were observed within
the shallow shoreline waters.
The canal shoreline is similar to the open water shoreline,
with slightly more erosion. Canal waters are deep (in excess
of ten feet). It would be expected that the upper layers of
water within this canal have marginal to satisfactory water
quality, while the lower layer would tend more towards
marginal to poor water quality.
Impacts are not expected to be significantly adverse.
Although some short term destruction of the intertidal and, to
a lesser degree, the subtidal areas along this shoreline will
occur as a result of seawall and riprap placement, the
stabilization of this shoreline and the habitat/substrate pro-
vided by the proposed riprap should provide long term
benefits to water quality and certain species of algaes,
invertebrates, and fishes.
In accordance with the provisions of Chapters 253 and 403
of the Florida Statutes and Chapters 17-3 and 17-4 of the
Florida Administrative Code, approval is recommended.
As a condition to approval, it is recommended that 1) The
proposed seawall be constructed prior to backfilling and
2) A silt screen be used during boat slip excavation and
seawall construction.
Resolution No.
KLgIN, SIMON
Page Three
BE It RE$~C~EP BY tHE B~ARP ~f C~UNtY C~mmI$$I~NER$ ~f m~NR~E C~UNt~ fC~RIPA ,
~ha~ ~he above Biological Assessmen~ has been rean in~o ~he recorn ann nuly
consiflerefl pursuan~ ~o f10rifla $~a~u~e 253.124 by ~he Boarn of toun~1J tonunissioners
of ffionroe toun~y, f1orina, ~his 27th flay of
a~ a regularly schenu1efl mee~ing.
January
, 19 84
BfDARP fDf tfDUNty tfDmmI.$.$I~NER$ ~f
m~NRfDE t~UNt!!, fC~R:rPA
BY
~~
mayor
($EAC)
AHes~: DANNY L. KOLHAGE, Clerk
~ \('~(I,- p~
C- t1erk
~--'.--~
-~ ~
Cuc:ien t. pra~, .
toun~y A~~orney
OK~V~!; ~A~~'~04~E
(305) 294,4641
BOARD OF COUNTY COMMISSIONERS
Wilhelmina Harvey, District 1
Ed Swift, District 2
MAYOR Jerry Hernandez, District 3
Alison Fahrer, District 4
Mayor Pro tem 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 ~
2. Resolution (SIMON KLEIN) I/"
3. Permit ~
4. Application for Permit (Bo at Slip, Boat ,/
ramp & Seawall)
5. Site Plan V'"
6. Location Map I/'"
7. DER Assessment ~
Date /-)~-J'r By 4.(2~
,,-.-.....--..-.
~.~
Iq31
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I '
MEMORANDUM
DATE:
January 9, 1984
TO:
Jeffrey M. Doyle, Director
Planning, Building & Zoning
FROM:
Mark L. Robertson, Biologist
)7l~
SUBJECT:
Klein, Simon: Permit Application
for a~~T SLJp B~1tTR.RMP ... SSAun".t..t,.
J
LEGAL
Lot 3, Section D extension of Sugar-
loaf Shores Subdivision, Sugarloaf
Key (Section 2, Township 67 South,
Range 27 East).
ZONING
RU-l
INTRODUCTION
This application, which proposes the deposition of fill waterward of
the mean high water line (MHW), should be reviewed by the Board of
County Commissioners pursuant to Section 19-1l1(a) (4) of the County
Code.
DISCUSSION
The applicant proposes construction of a concrete seawall along an
open-water shoreline and a canal shoreline, which would result in
the deposition of 331: cubic yards of fill waterward of HHW and 771:
cubic yards landward of MHW.
The applicant also proposes the excavation of a boat slip and ramp along
the canal, requiring the excavation of 551: cubic yards of material.
The proposed boat slip would slope from -4 feet to -5 feet toward the
canal.
The site is in Sugarloaf Shores, a subdivision artifically created
by dredge and fill. The southwestern shoreline faces a perimeter
canal that is in Sugar loaf Sound, a shallow embayment with few
channels to the Gulf or Ocean. The eastern shoreline faces a dredged
canal which connects to Sugarloaf Sound.
Jeffrev M. DovlE I rector
KLEIN, -, SIMON: ~ PERMIT APPLICATION
January 9, 1984
Page Two
I visited the site on July 19, 1983. The fill along the Sugarloaf
Sound shoreline has eroded such that a 6-10 foot wide shallow-water
shelf has formed. This shelf is very sparsely vegetated with algae;
patches of seagrass (Thalassia testudinum) are present in deeper
areas leading down "into the peripheral canal. There is also an
erosional shelf along the canal shoreline, which exhibits sparse
algae growth. There are no mangroves along this shoreline, and the
adjoining uplands consist primarily of bare fill.
The proposed seawall along the Sound shoreline would be located 3!
feet waterward of existing ~1HW, and the riprap boulders will extend
another 3! feet waterward, as shown in Section "A-A" of the permit
drawings. The proposed seawall along the canal would be located 3!
feet waterward of MHW as shown in Section "B-B" of the permit drawings,
no riprap would be placed in this area. The U.S. Army Corps of
Engineers has issued a permit for this project (Attachment ). The
Department of Environmental Regulation is awaiting local County review,
the attached DER Biological Report addresses this project.
EVALUATION
The proposed seawall, backfill, and riprap will eliminate
1200! square feet of intertidal and submerged marine habitat. This
loss is considered insignificant because the affected area consists
primarily of unvegetated limestone rubble with little habitat value.
The placement of rip rap along the open-water shoreline will
partially compensate for this habitat loss. The riprap will also
diffuse wave energy, providing greater protection during storms.
Construction of the seawalls may improve water quality by reducing
the erosion of fill into surrounding waters.
The boat ramp and slip may be a trap for debris; however, this was not
observed in neighboring boat slips.
RECOMMENDATION
Approval: Riprap is to be placed as shown on drawings; turbidity
screens to be used as required.
MR: cm
Attachments:
1. Permit application (1 sheet)
2. Permit drawings (4 sheets)
3. DER Biological Report (4 sheets)
4. ACOE letter permits (2 sheets)
I '
I '
PERMIT
MONROE
COUNTY
PLANNING, BUILDING & ZONING DEPARTMENT
PERMIT FOR EXCAVATION, THE DEPOSIT OF
FILL, OR STRUCTURAL ACTIVITIES IN THE
WATERS OR WETLANDS OF MONROE COUNTY
PERMIT
1\[0.
1) Property owners name & mailing address
Simon Klein
Post Office Box 135
Sugarloaf Shores, Fla. 33044
2) Date
7-7-83
FOR DEPARTMENT USE ONLY
Resolution No.
3) Phone number
745-3008
Date:
4) Contractor or agent's name, mailing address & phone number
OWNER
5) Legal description of property:
Section
2
Key Lower Sugar loaf
Subdivision Sugar loaf Shores
Township 67 S
Lot
34
Block
Section D Ext.
Range
27E
Street, road or mile marker Dolphin Street, West
V olume of material:
dredged/excavated
filled/deposited
4 c.y.
waterward
ofM.H.W.
51 c.y.
landward
ofM.H.W.
33 c.y.
waterward
of M.H.W.
771. c.y.
landward
ofM.H.W.
ZONING: RU-1
PURPOSE:
Cost of Permit
Estimated cost of Construction
Biologist Comments - Restrictions or Special Conditions if any:
APPROVAL: Riprap is to be placed as shown on drawings, turbidity
screens to, be use~ as ~equired.
Jeffrey M. Doyle, Ph.D., Dir.
Planning, Building and Zoning
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5) legal description of pr~~erty:
Section, ;)
Tm,nship, b 7 5' O~l r ~
Pange, ~ 7 c-I'/$r
(if acreage)
Vel', L.iJiNt"'l. )/./bfjf!.LO!tF
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lot,
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Zoning,
Street, roac or mile rrarkcr,OvLPNIIV ~T w('ST
6) Describe the proposed activity, methods of construction F; amount of moterial (in cubic yares
to be excavated or discharged. Describe purpcse G intended use of proj ect. ~N<;;-;1luc r/o,", a r:
A ':;['f\.vl'lLi.- J::;o.'t "T"'f~ P"'-I?PO-Sl" or-: eLI/YlINAtING.' EI(OSivN t'lNO ('RJVI{J/fll(- Oac/oN/.;- r-F/(t'L117f!3.
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7) i\ame, address F, zip cede of 2(lj oining property o\vners w'hose property aff'ronts water l\av.
,) L.'Ji 35 ;}.) L-OI33
~ ') N r,) '( Pi" bt:y t-< E'G/l/I'//v ,"I,,:: '1'11'/ S /(. m liSt 0 t'U'S K I
a 7c.:: tJltJn~/?N RQ (oS U (h;:1//V ST
A(..lOu'~JI\I Pt4 /9'107 Sl'id(~/n4A.1JTi.J{.N~ f'//l /70/1
8 a) list other pennits issned and/or applied for, include appJicant's name, for His site:
(.It! R (Yl I T I ~ r; VF (J """0 Fa R mt: I~ (J /1)1.1 t- ~ (oJ" N~j C. HnI3t!"?.J rtJ R. /J f? IP~ /PII? "v 4t-t.-- /IN 0
F,u. rJ IV IH,S i 0 T
b) If application haS heen submitted for this project (or one similar) in t~e past,
explain reason for new application and give applicant's name if different from current
applicant.
.--'
9) list all Federal and tate agencIes t ~at ave receIved applcatlGnS tor t IS proJect.
SfAi~" fJE'P"'- or:: EI\JVIR..(Jt11r'A/lA<- t1.t:-:,r;ut-!1TIO/V
(),~(JT I.:f' rUF-- flR.my
This completed application fonn will e accanpanle
following, or it l.rill p~(1' be processed.
a) Two (2) sets of drawings, on 8!z x II-paper, sh01V'ing location, plot plan, top viel" and
cross section of proposal, drm~n to scale.
b) Ppplication processing fee as follows:
$75.00 for dredge, fill, decks IT any structures affronting natural water bcxiies.
nO.OO for vertical seal.:alls on man-made rO'Hes of' water.
$75.00 for any comhination of the above activities per site.
l\pplication is herehy made for a permit to autrori:e the activities descrihed l'erein. I
certify tr.at I am familiar with the infonnation contained ip this application, and to the rest
of my knowledge & belief such infonnation is true, complete & accurate. I furtl-er certify that
I possess the authority to undertake tre proposed activities. jlJ] provisions of 13\,'S ann
ordinmlces governing this type of \\'ork wi 11 ne canpJie~ lV'ith wretrer specified herein or not. T
granting of a remit does not preslune to give 2ut};ority to violate or cancel tbe rrovisions o~
any county, state or federal 1mV' regulatin~ constnlc~on or perfoI1T'~mce of ccnstnlctim cf tris
type of !"aci 1i ty. ./1/ )2 .
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DEPARTMENT OF ENVIRONMENTAL REGULATION
PERMIT APPLICATION APPRAISAL
File No.: 440726165
County:
Monroe
Date: 11-4-83
Applicant Name: Simon Klein
Address: PO Box 135, Sugarloaf Shores, FL 33044
Agent (if applicable):
Address:
Location of project: Section(s)
2
Township
67S
Range
27E
Section(s)
Township
Range
Local Reference: Dolphin West, Sugarloaf Shores
Water Body: Lower Sugarloaf Sound
Water Classification of Project Area:
III Adjacent Waters:
III
Aquatic Preserve:
Outstanding Florida Waters:
On site inspection by: John A. Meyer
----------
Date of Inspection:
11-17-83
Original Application: Yes~ No
Revised Application: Yes No
Date:
Date of 2nd Insp.
A.
BiOlogical and Water Quality Assessment
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 17-4.28, Florida Administrative Code.
~.
Biophysical features of general area. Include comments concer~tng
extent of development of adjoining properties as well as relevi,ant
historical facts about the area.
Biophysical features of specific project site and spoil site
applicable. Include identification of bottom types and any ,
relevant historical facts about the area of the project. I~
Potential impact of project on biological resources and ~ater \.
quality. Address long-term impact as well as immediate 1mpact~
for all aspects of the project.
B.
C.
Suggestions, where appropriate, for modifications that may reduce
or minimize the potential impact of project.
PERM 16-l0(Rev.6/79)
KLEIN, SIMON
#440726165
Monroe County - Sugar loaf Shores
Page Two
A. The applicant proposes to construct a +164 foot long seawall
along a residential shoreline fronting-Lower Sugarloaf Sound.
Also proposed is the excavation of a 25' x 15' boat slip on
the adjoining canal side of the same property.
The proposed seawall
mean low water line.
the seawall, for +3'
seawall would be six
perimeter channel.
would be constructed at the approximate
Riprap would be placed at the toe of
waterward. The waterward edge of the
feet from the e~ge of an offshore
The proposed boat slip would slope from -4' to -5' (datum
unknown) in depth. A boat ramp would be constructed at the
end of the basin. The perimeter of the boat slip would be
bulkheaded.
The applicant estimates that a total of 130 cubic yards
would be filled above MHW and 33 cubic yards would be filled
below MHW. A total of 55 cubic yards would be excavated for
the boat slip.
The purpose of this project is to protect the upland portion
of the applicant's property and to provide boat mooring.
B. The project site is located within Sugarloaf Shores subdivision,
a waterfront residential community bordering Lower Sugarloaf
Sound, which is, in turn, bordered on all sides by Sugarloaf
Key. Lower Sugar loaf Sound is a shallow expanse of water which
opens by way of narrow, naturally occurring channels, into
the Atlantic to the south and the Gulf to the north.
Sugarloaf Shores subdivision was artificially created by
dredging and spoiling, forming what is now a series of dead-
end canals, all connected at their basal ends by a peripheral
channel.
This channel and its associated canals were boxcut to deep,
undetermined depths. The recreated shorelines here consist
of loose limestone and marl, overlying the original Miami
oolite subsurface.
Water quality offshore is good, although transparency tends
to suffer during water turbulence due to a somewhat unconsoli-
dated benthos consisting of finely textured inorganic silts
overlying the basal subsurface. Seagrasses and algae cover
most of the bottom, but tend to be somewhat patchy.
KLEIN, SIMON
#440726165
Monroe County - Sugarloaf Shores
Page Three
A permit has been previously issued to John Habel, authorizing
riprap placement along the shoreline of this property
(Permit #44-l70l3-5E). No work was performed in conjunction
with this permit.
There is presently no shoreline development on the adjacent
lot. (Lot 33). The entire subdivision is approximately 10-20
percent developed with single family residences.
C. The applicant's shoreline displays a small amount of erosion,
accounting for a +10 foot wide subtidal/intertidal shelf,
which has been carved from the limerock fill. Although
smaller fill particles have washed away, larger rocks remain
which support green alqaes such as Batophora sp. and
Acetabularia sp.
Within the finer rubble of the subtidal zone, sparse blades
of turtlegrass (Thalassia testudinum) appear. Also found
in sparse numbers is the red algae, Laurencia sp..
Further offshore, within the deeper waters of the perimeter
channel, seagrasses are well established.
Landward of the erosion line, buttonwoods (Conocarpus erecta)
and sea daisy (Borrichia sp.) occur.
A single small, but multi-branched, stalk of finger coral
(Porites porites) was observed near the waterward edge of the
shoreline shelf. Also, several knobs of sta~let coral
(Siderastrea radians) were observed within the subtidal area.
Small barracuda (Sphyraena barracuda) were observed within
the shallow shoreline waters.
The canal shoreline is similar to the open water shoreline,
with slightly more erosion. Canal waters are deep ( in excess
of ten feet). It would be expected that the upper layers of
water within this canal have marginal to satisfactory water
quality, while the lower layer would tend more towards
marginal to poor water quality.
D. Impacts are not expected to be significantly adverse.
Although some short term destruction of the intertidal and, to
a lesser degree, the subtidal areas along this shoreline will
occur as a result of seawall and riprap placement, the
stabilization of this shoreline and the habitat/substrate pro-
vided by the proposed riprap should provide long term
benefits to water quality and certain species of algaes,
invertebrates, and fishes.
KLEIN, SIMON
#440726165
Monroe County - Sugar loaf Shores
Page Four
E. In accordance with the provisions of Chapters 253 and 403
of the Florida Statutes and Chapters 17-3 and 17-4 of the
Florida Administrative Code, approval is recommended.
As a condition to approval, it is recommended that 1) the
proposed seawall be constructed prior to backfilling and
2) a silt screen be used during boat slip excavation and
seawall construction.
TE' ~30' 1983
READ, ~
GAR SH _ ER .
JAM/dvo
DEPARTMENT OF THE ARMY
SOUTH FLORIDA AREA OFFICE, JACKSONVILLE DISTRICT
CORPS OF ENGINEERS
P,O, BOX 1327
CLEWISTON, FLORIDA 33440
Regulatory Section
(Miami)
83(3)-2652, SAJ-12
83 (3) -2851 (NW)
Mr. & Mrs. Sirron Klein
P.O. Box 135
SUgarloaf Shores, Florida 33050
Dear Mr. & Mrs. Sirron:
Reference is made to your penni t application for a Deparbnent of
the Army penni t concerning construction of a seawall and boat ramp in
Lower SUgarloaf Sound at Dolphin west, SUgarloaf Shores, in Section 2,
TcMnship 67 South, Range 27 East, M:>nroe County, Florida.
'!he project as proposed is authorized by General pennit SAJ-12, a
copy of which is enclosed for your infonnation and use. You are author-
ized to proceed with the project in accordance with the enclosed drawings
subject to all conditions of the pe:rmit. '!he seawall and riprap are
authorized by NW pe:rmit 330.5 (a) (B).
This letter of authorization does not obviate the necessity to obtain
any other Federal, state or local pennits which nay be required.
'!hank you for your CCXJperation with our pennit program.
Sincerely,
Enclosures
nl~U c ~
Michael C. Slayton
Chief, Regulatory Section
I '
DEPARTMENT OF THE ARMY
SOUTH FLORIDA AREA OFFICE, JACKSONVILLE DISTRICT
CORPS OF ENGINEERS
P,O, BOX 1327
CLEWISTON, FLORIDA 33440
SAJCN-R
Regulatory Section (Miami)
83(3)-1914
SAJ-18
27 October 1983
Mr. and Mrs. Simon Klein
P.O. Box 135
Sugarloaf Shores, Florida 33050
Dear Mr. and Mrs. Klein:
Reference is made to your permit application for a Department of
the Army permit concerning construction of a boatslip in Lower Sugarloaf
Sound at Dolphin West, Sugarloaf Shores, in Section 2, Township 67 South,
Range 27 East, Monroe County, Florida.
The project as proposed is authorized by General Permit 8AJ-18, a
copy of which is enclosed for your information and use. You are authorized
to proceed with the project in accordance with the enclosed drawings sub-
ject to all conditions of the permit.
This letter of authorization does not obviate the necessity to obtain
any other Federal, State or local permits which may be required.
Thank you for your cooperation with our permit program.
Sincerely,
~i~~'~~.
Chief, Regulatory Section
Enclosures