Resolution 233-1984
-
.
RES(OCllH(ON N(O.
233 -1984
WHEREAS, the B(oARD (OF C(ollN~U C(OmmI$SI(ONERS (OF m~NR(oE C(ollN~Y, FC(ORIDA,
has receiven an application from
IJIReJINIA CRAIN
ann
WHEREAS, in compliance with State Statute, it is necessary as part of
the permitting procenure to rean the following Biological Assessment into
the Recorn as follows:
The applicant would like to build a physicians office on her upland canal
front property. In order to meet the required building setbacks for the
building and the necessary septic system, a boat basin which projects into
the property is proposed to be filled to an upland grade. The boat slip 3
in question, measures 14.5 ft. wide by 26 ft. long. Approximately 170 yd
of material will be required to fill the boat slip to the grade of the ad-
jacent uplands. All of the boat slip fill will be placed waterward of the
mean high water (MHW) line.
A vertical concrete seawall will be built across the mouth of the boat
basin to retain the fill.
A mixture of limestone boulder rock and sand will be used to do the required
filling. No description of proposed construction techniques, including pro-
posed methods for maintaining water quality, are provided in the application.
The project site is located in the Tavernier area of Key Largo, in the Dove
Creek Estates subdivision. The subdivision is water oriented with virtually
every lot bordered by a canal. Part of the subdivision was created by
dredging a canal into naturally occurring uplands and part was created by
dredging through tidal wetlands and filling the lands adjacent to the canal
to create uplands. Part of the design of the canal was to create a .boat
basin along the sides of the canal on every lot.
Development within Dove Creek Estates subdivision is primarily residential,
however, one strip of lots which fronts on the Overseas Highway, is zoned for
commercial development. None of the commercially zoned lots have been built
on to date.
The applicantls property is bordered by undeveloped canal front lots to both
the northeast and southwest. The Overseas Highway which, in the vicinity of
the project site, is a two lane divided highway and provides overland access
to the site, borders the northwest side of the project site. The Dove Creek
Estates canal borders the southeast end of the applicantls property.
The Dove Creek Estates canal connects to Dove Creek, a naturally occurrihg
salt creek to the east. Dove Creek flows into the Atlantic Ocean to the north
and thereby provides navigation access from the project site to the ocean.
The nearby waters of the Atlantic Ocean, Dove Creek and the Dove Creek Estates
canal, are all designated as Class III Florida Waters (Chapter 17-3.081 and
17-3.161, Florida Administrative Code).
The applicantls property consists of a sixty foot wide by ninety-eight foot
long (0.13 ac) lot. Most of the lot is naturally occurring uplands at an
elevation of approximately six feet above MEW. Substrate on the lot consists
of exposed Key Largo Limestone Caprock with soil filled depressions. Second
growth Tropical Hardwood Hammock vegetation covers the entire lot.
The southeast end of the applicantls property borders the landward end of the
Dove Creek Estates canal. The canal was saw cut into the limestone, such that
the canal sides are smooth, vertical rock walls. A 14.5 ft. wide by 26 ft.
long boat slip has been cut into the applicantls lot at the center of the
canal shoreline. The boat slip, like the canal, has vertical saw cut sides.
Depths within the boat slip run from approximately two feet mean low water (t~W),
at the landward end to seven feet mean low water, at the mouth.
RESOLUTION NO.
VIRGINIA CRAIN
PAGE TWO
As a result of the high vertical rock walls on the canal and boat basin, there
is no emergent vegetation on the applicantls shoreline. Some Acetabularia sp.
is found growing in the boat slip, along with quite a bit of filamentous
bluegreen algae. Much of the floor of the canal and boat basin was observed
to be covered by decaying organic material. Pieces of the decaying deposits
were noted to break free of the bottom and float to the canal surface,
buoyed by gasses formed by the decaying process. Quite a lot of the floating
putrescent material thus formed, was observed floating in the canal and
boat slip.
The proposed construction activities are likely to result in increased levels
of turbidity, dissolved organic compounds and particulate organic compounds.
Proper use of conventional turbidity controls should be able to adequately
control these impacts. Unfortunately, the applicant has not indicated any
plans to use turbidity controls, without which the nearby waters of the canal
are likely to be degraded below Class III, state water quality standards.
The proposed work will permanently eliminate 0.0086 ac of subtidal wetlands.
By doing so, the project will also eliminate a festering source of polluted
waters.
BE !~ RE$~C~ED BM ~HE B~ARD ~F t~UN~M t~mm!$$!~NER$ ~F m~NR~E t~UN~M
FC~R!DA, that the ahove BiOlogical Assessment has heen rean into the recorn
ann nuly consineren pursuant to Florina Statute 253.124 hy the Boarn of
tounty tonnnissioners of ffionroe tounty, Florina, this 7 th nay of Sep tember
19 84
at a regularly schenulen meeting.
B~ARD ~F t~UN~M t~mm!$$!~NER$ ~F
m~NR~E t~UN~M, FC~R!PA
",
\J
By )(J2--n..
0~o
mayor ~
($EAC)
Attest:
DANNY L. KOLHAGE, Clerk
~~ ,~~~-4?/
tlerk of tir uit tourt
~
.~. Cucien
tounht
~~v~r; ~~~,~~E
(305) 294.4641
BOARD OF COUNTY COMMISSIONERS
Wilhelmina Harvey, District 1
Ed Swift, District 2
MA YOR Jerry Hernandez. District 3
Alison Fahrer, District 4
Mayor Pro tern 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 (Virginia Crain)
3.
Permit
'"
4. Application for Perrtlit (Fill)
v
~
~
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BY~. Oy
5. Site Plan
6. Location Map
7. DER Asses~ment
Date 8- 9-8'1
M E M 0 RAN DUM
--------
DATE:
August 6, 1984
TO:
Jeffrey Doyle, Ph.D., Director,
Board of County Commissioners
Robert Smith, Biologist ;\S
K /-
FROM:
SUBJECT:
Crain, Fill
Legal:
Lot 15, Block 1
Dove Creek Subdivision, Key Largo
Zoning:
BU-l
I. INTRODUCTION:
This application to fill a boatslip which involves fill below
the Mean High Water Line (M.H.W.L.) should be reviewed by the
Board of County Commissioners pursuant to Section 19-1ll(a) (5)
of the Monroe County Code.
II. SITE AND PROJECT DESCRIPTION:
The applicant proposes to fill a boatslip with 170 cubic yards
of fill. All of this fill will be waterward of the Mean High
Water Line (M.H.W.L.) and thus necessitates review by the
Board of County Commissioners pursuant to Section 19-1ll(a) (5)
of the Monroe County Code. Containment for the fill will be
in the form of a vertical concrete seawall.
The lot in question was inspected on 4/17/84 and resulted in
the following: The lot does not fall within the Shoreline
Protection Zone (SPZ) as defined in Section 4-18 of the Monroe
County Code. The lot is bordered by upland areas, commercially
zoned, to the east and west; to the north is U.S. 1 and to
the south is a subdivisional canal. Vegetation present
includes blackbead (Pithecellobium quadalupense), jamaica
dogwood (Piscidium piscipula), gumbo limbo (Bursera simaruba),
wild lantana (Lantana involucrata) , mahogany (Swietenia
mahogani), poisonwood (Metopium toxiferum), stoppers
Eugenia spp.), and pigeon plum (Coccoloba diversifolia).
Subtidal vegetation present includes little else but
Acetabularia sp. and filamentous algae.
-1-
III. EVALUATION:
The anticipated impact of the proposed activity should be
minimal. The purpose of filling the boatslip is to maintain
the necessary septic tank setbacks from the canalis edge.
Should the applicant utilize turbidity screens during the
work period, then minor turbidity problems should ensue. The
project as outlined will permanently destroy the wetland area
(14.5 ft. by 26 ft.) but this is not a productive wetland as
it currently exists.
IV. RECOMMENDATION:
The biologist recommends approval for the placement of 170
cubic yards of fill.
Conditions:
(1) Placement of turbidity curtains for
the duration of the project
V. OTHER:
This project, as outlined, may require permits from the
Florida Department of Environmental Regulation (F.D.E.R.) and
the U.S. Army Corps of Engineers (A.C.O.E.)
Enclosures:
(1) FDER Bio Report
(2) Construction Plans
-2-
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
NO.
1) Property owners name & mailing address
Mr. Robert Crain
90180 Overseas Highway
Tavernier, Florida 33070
2) Date
4-27-84
FOR DEPARTMENT USE ONLY
Resolution No.
3) Phone number
Date:
4) Contractor or agent's name, mailing address & phone number
Barnacle Builders, Inc.
Post Office Box 1424
Tavernier, Florida 33070 GC 27813
5) Legal description of property:
Section
23
Key Lar go
Subdivision
Dove Creek
Township
62S
Lot 1 5
Block
1
Range
38E
Street, road or mile marker
Rt. 1
Volume of material:
dredged/excavated
filled/deposited
c,y.
waterward
ofM,H,W.
c,y.
landward
ofM.H.W.
70 c.y.
waterward
ofM.H,W.
100 c.y.
landward
ofM.H,W,
ZONING: BU-1
PURPOSE:
Cost of Permit
Estimated cost of Construction
Biologist Comments - Restrictions or Special Conditions if any:
APPROVAL
Turbidity curtains for the duration of the project.
Dr. Jeffrey M. Doyle, Director
Planning & Zoning
.;dSHOI.:
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PLAN.\ 1.')(;, DUILDINO.~ ZONIM; nEPAHTl\fI~I'4 J t'EHMIT APPLICATION F(
F\c'A":\TION, TilE BEPOSlT OF FILL, OR STHUC'IlJHAL ACT!VlTIES IN TJ
WATEHS OR WETLANDS OF MONUOf; COUNTY.
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. .. -- ....-------- --.-.-"
DEPARTMENT OF ENVIRONMENTAL REGULATION
PEIDlIT APPLICATION APPRAISAL
'. .....1
File No.: 440863105
County:
Monroe
Date ;.. 7-l6-84
Applicant Name: Virqinia Crain
Address:
gOleO Overseas Highway, Tavernier, Florida 33070
Agent (if applicable): Barnacle Builders, Inc.
. Address: PO Box 1424, Tavernier, Florida 33070
Location of project:
Section(s)
23
Township
62S
Range
38E
Section(s)
Township
Range
Local Reference: Key Larqo (Tavernier)
Water Body: Dove Creek/Atlantic Ocean
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:
7-6-84
Original Application: Yes~ No
Revised Application: Yes No
Date:
Date of 2nd Insp.
Biological and Water Quality Assessme~t
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 17-4.28, 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, ~here appropriate, for modifications that may reduce
or minimize the potential impact of project.
PERM 16-10(Rev.6/79)
CRAIN, VIRGINIA
#440863105
Monroe County - Tavernier
Page Two
A. The applicant would like to build a physicians office on
her upland canal front property. In order to meet the
required building setbacks for the building and the
necessary septic system, a boat basin which projects into
the property is proposed to be filled to an upland grade.
The boat slip in question, measures 14.5 ft. wide by
26 ft. long. Approximately 170 yd3 of material will be
required to fill the boat slip to the grade of the
adjacent uplands. All of the boat slip fill will be
placed waterward of the mean high water (MHW) line.
A vertical concrete seawall will be built across the mouth
of the boat basin to retain the fill.
A mixture of limestone boulder rock and sand will be used
to do the required filling. No description of proposed
construction techniques, including proposed methods for
maintaining water quality, are provided in the application.
B. T~e project site is located in the Tavernier area of Key
Largo, in the Dove Creek Estates subdivision. The subdivi-
sion is water oriented with virtually every lot bordered
by a canal. Part of the subdivision was created by
dredging a canal into naturally occurring uplands and part
was created by dredging through tidal wetlands and filling
the lands adjacent to the canal to create uplands. Part
of the design of the canal was to create a boat basin along
the sides of the canal on every lot.
Development within Dove Creek Estates subdivision is primarily
residential, however, one strip of lots which fronts on the
Overseas Highway, is zoned for commercial development. None
of the commercially zoned lots have been built on to date.
The applicantls property is bordered by undeveloped canal
front lots to both the northeast and southwest. The Overseas
Highway which, in the vicinity of the project site, is a two
lane divided highway and provides overland access to the site,
borders the northwest side of the project site. The Dove
Creek Estates canal borders the southeast end of the applicantls
property.
The Dove Creek Estates canal connects to Dove Creek, a
naturally occurring salt creek to the east. Dove Creek flows
into the Atlantic Ocean to the north and thereby provides
navigation access from the project site to the ocean. The
nearby wuters of the Atlantic Ocean, Dove Creek and the Dove
Creek Estates canal, are all designated as Class III Florida
Waters -(Chapter 17-3.081 and 17-3.161, Florida Administrative
Cod~) .
CRAIN, VIRGINIA
#440863105
Monroe County - Tavernier
Page Three
C. The applicantls property consists of a sixty foot wide by
ninety-eight foot long (0.13 ac) lot. Most of the lot is
naturally occurring uplands at an elevation of approximately
six feet above MHW. Substrate on the lot consists of ex-
posed Key Largo Limestone Caprock with soil filled
depressions. Second growth Tropical Hardwood Hammock
vegetation covers the entire lot.
The southeast end of the applicantls property borders the
landward end of the Dove Creek Estates canal. The canal was
saw cut into the limestone, such that the canal sides are
smooth, vertical rock walls. A 14.5 ft. wida by 26ft. long
boat slip has been cut into the applicant's lot at the center
of the canal shoreline. The boat slip, like the canal, has
vertical saw cut sides. Depths within the boat slip run
from approximately two feet mean low water (MLW), at the
landward end to seven feet mean low water, at the mouth.
As a result of the high vertical rock walls on the canal and
boat basin, there is no emergent vegetation on the applicantls
shoreline. Some Acetabularia sp. is found growing in the boat
slip, along with quite a bit of filamentous bluegreen algae.
Much of the floor of the canal and boat basin was observed to
be covered by decaying organic material. pieces of the
decaying deposits were noted to break free of the bottom and
float to the canal surface, buoyed by gasses formed by the
decaying process. Quite a lot of the floating putrescent
material thus formed, was observed floating in the canal and
boat slip.
D. The proposed construction activities are likely to result in
increased levels of turbidity, dissolved organic compounds
and particulate organic compounds. Proper use of conventional
turbidity controls should be able to adequately control these
impacts. Unfortunately, the applicant has not indicated any
plans to use turbidity controls, without which the nearby
waters of the canal are likely to be degraded Lelow Class
III, state water quality standards.
The proposed work will permanently eliminate 0.0086 ac of
subtidal wetlands. By doing so, the project will also
eliminate a festering source of polluted waters.
.
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Barnacle Builders Inc.
TAVERNIER, FLORID/I 33070. PHONE 852.9305
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