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Resolution 272-1983 C _ RE$OEUTION NO: 272 - 1983 WREREAA ttE BOARD OF COUNtg COMMU$1ONER$ OF MIONROE ming FEURZDA, has rereivea an application from Phillip Skove , and NRERE , in camplianre with $fafe $tabube, it is neressarg as part of the permitting prace1ure bit rieaa the following Biological Assessment into the Return, as follows: The applicant wishes to eliminate a source of polluted water, which he finds to be a nuisance. The goal will be achieved by filling in a man-made boat slip. The boat slip measures 18 ft. wide at the landward end, 35± ft. at he waterward end and 35± ft. long, for an area of 930± ft (0. 021 ac. ) . An estimated 200 yd3 _of crushed rock will be placed in the slip to fill it to 3. 5 ft. above mean sea level (MSL) . The new shoreline will be protected from erosion by a riprap revetment that will tie into existing adjacent revetments. Filling in the boat slip will eliminate the present dockage facilities at the site. In order to replace the existing dockage facilities, a new 6 ft. wide by 28 ft. long (168 ft2) dock will be built. The dock will be placed along the newly established shoreline, with an orientation parallel to shore. The proposed fill will be brought to the site over upland routes by truck. A barge mounted crane will be used to place the fill. The dock will be pile supported and constructed out of wood. No description of techniques , which will be used to maintain water quality during construction, is contained in the application. The above description of the project is based on revised plans dated July 21, 1983 , (copy attached) . The project site is located on the northern end of Key Largo in the Ocean Reef Club development. Ocean Reef Club is a large, (2, 000± acre) , multipurpose subdivision, which contains stores, marinas, hotels, country clubs, an airport, as well as single and multi-family. residences. An extensive system of canals is a part of the development. The Atlantic Ocean within John Pennekamp Coral Reef State Park forms the Ocean Reef Club' s eastern boundary, Biscayne National Monument forms the northern boundary and Biscayne/Card Sound State Aquatic Preserve forms the western boundary. Waters within these three areas are . designated as Class III Outstanding Florida Waters (Chapter 17-3. 041, 17-3. 081, Florida Administrative Code) . The project site property is located in the southwestern -section of the subdivision, in an area which borders Card Sound. The , project area is an older part of the subdivision and is pres- ently 95± percent developed with single family homes. Card Sound Road runs along the southeast side of the project site. The far side of the road is developed with single- family residences . A private residence, which benefits from a riprapped shoreline and dock into Card Sound, adjoins the southwest side of the project site. A private residence, which also borders Card Sound, adjoins the northeast side of the project site. The open waters of Card Sound lie to the northwest of the project site. On May 10, 1976, Permit Number 44-21-0388-6E, (copy attached) , was issued to Mrs. Sally Munsill Appleton for work at the project site. The work consisted of maintenance dredging the boat slip to a depth of 4. 5 ft. mean low water (MLW) . The work was necessary because the slip had filled up with silt and decaying organic matter. The work was completed as permitted. (John Wilson, personal communication) . Resolution No. SKOVE, PHILLIP Page 2 The applicant' s property consists of a large 0. 5± ac. irregu- larly shaped residential lot. The lot enjoys approximately 150 ft. of frontage on Card Sound. A single-family residence is located on the lot. Most of the site has been filled to an elevation of 8± ft. above MSL. The grounds around the residence have been planted with a variety of ornamental, trees and scrubs, as well as a lawn. The present shoreline on the project site, with one exception, appears to correspond roughly to the original natural shoreline. prior to filling. The shoreline has, however, been riprapped and the elevation behind the riprap raised markedly. The one major exception to the more or less original alignment of the project site shoreline, is a man-made boat slip. The slip was cut into the shoreline behind the house. As a result of the elevation of the land around the house, a set- of stairs leads. down the slope on one side of the slip to a 5. 5 ft. -by 26 ft. wooden shoreline dock in the slip. The landward end of the slip measures 18 ft. wide, however, the slip widens toward the waterward end reaching 35± ft. wide, 35 ft. out from the landward end. The slip opens to the northwest. Water depth within the boat slip is approximately 2 ft. MSL. Sediments found on the floor of the boat slip consists of a mixture of silt and large quantities of decaying organic matter. The sediment is one to two feet thick over bedrock. The sediments are very easily put into suspension. Virtually no living macroflora-'.is.. found on the basin floor. A 3± ft. deep dredged shoreline. channel leads to the project site from the northeast. Parts .of - the. shoreline. channel have revegetated with turtlegrass (Thalassia testudinum) and Cuban shoalweed (Diplanthera wrightii) . The undisturbed areas , just . beyond the channel, are thickly vegetated by turtlegrass beds . Temporarily elevated levels ofdissolved organic compounds , particulate organic compounds and turbidity in the waters near the project site will result from the proposed work. Proper use of turbidity controls should be able to reduce these impacts to acceptable levels. Unfortunately, the application does not indicate any plans to use turbidity controls. - The proposed work will permanently eliminate 0. 021 ac. of shallow, sublittoral wetlands. In the case of the project site, the wetlands represent a festering sore on the side of Card Sound. Elimination of the boat slip will permanently eliminate a source of pollution. Maneuvering a construction barge in the area, just outside the boat slip, could easily result in bottom scarification. If this occurs, the seagrass beds could be very slow in recovering. BE ZTE RE$®f,IED Bg tBE MUM OF COUN J VOiH11$$IONERS OF 11I NROE Cron FLORIDA, that the above Biological Assessment has been reaa irtn the rEonrt1 anti tiu1g nonsiberea pursuant to Flnriaa $tabubs 253.124 hj the Bnara of Cnuntij.Cnmmissinners of Monroe Cauntg, Florida, this 1 L+k bag of ()c.1ivber , 19 8'5 at a regularli sch>rt3ul ei meeting. BOARD OF COUNT --COMMI$$1O ER$ OF s. MONROE COVN2, FLORIDA-4/ .,. Bg , Air Magner ($Eal) 11:00 /015140 r- Leriz Lucien C. Frohg, Cnunfg Affornem ,f • ,,T` BOARD OF COUNTY COMMISSIONERS OUNTY O MON ROE Wilhelmina Harvey,�h District 7 KEY WEST, FLORIDA 33040 Ed Swift, District 2 • MAYOR Jerry Hernandez, District 3 (305) 294-4641 Alison Fahrer, District 4 Mayor Pro tern Ken Sorensen, District 5 71 .‘ • • • 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 (PHILLIP SKOVE) • 3 . Permit 4. Application for. Permit (Riprap & Fill) 5. Site Plan 6. Location Map 7 . DER Assessment Date `a 2 - f3 By . 6Paj„- • "•75.),157)--cc7 7 7 L • C,. • OCT 6 1983 6 jl , d ' DEPARTMENTAL CORRESPONDENCE DATE September 30, 1983 SUBJECT: Phillip Skove; Application for Fill, Riprap and Dock TO: Jeffrey Doyle, Director DEPT : Building, Planning & Zoning FROM: An ette F. Nielse9, Env. Biologist DEPT: Planning & Zoning Legal: Lot 11, Grayvik Subdivision of Ocean Reef Club, Key Largo. Zoned: RU-1 Introduction: !Q-3 -E3 This application to place 300± c.y. of fill below M.H.W. shuld be reviewed by the Board of County Commissioners pursuant to Section 19-111 (5) . The appli- cant also proposes a 751 foot riprap revetment to contain fill and a 28 ' x 6' dock in front of the proposed riprap. Project and Site Description: The subject property was developed with a single family residence, pool and boat slip that was excavated to the house and extends under a screened porch at- tached to the house. The applicant now proposes to construct a riprap seawall -- and backfill the slip. A wooden dock will be placed waterward of the riprap. Conversation with contractor (this date) indicated the fill would be deposited on applicant' s upland adjacent to the site. Barge mounted equipment would transfer the fill and riprap to the boat slip from the waterward side of the property. Turbidity curtains would be used to contain silt and debris during construction (per J. Wilson, Upper Keys Marine) . The existing slip is walled by the house and pool foundations on the landward end and S.W. landward corner. The remaining two sides and the Card Sound side of the property is walled with riprap and' filled to 81 feet above M.H.W. Upland vegetation consists of ornamental plantings along the top of the riprap wall. Water quality in Card Sound is generally good. The bottom is colonized with turtle grass north of the canal that runs along the shoreline. Bottom conditions in the boat slip are markedly different from the surrounding area. Bottom vegetation is non-existent. The slip bottom is covered with a layer of silt and decaying organic matter to a depth of 1. 5± feet. This con- dition has probably developed due to Easterly and Northerly winds that propel and trap debris in the "pocket" created by the boat slip. The attached F.D.E.R. biological assessment addresses this project in greater detail. A.C.O.E./F.D.E.R and D.N.R. permits have been applied for. Evaluation: The proposed riprap and fill would restore the curvature of the previously existing shoreline. It would eliminate a debris collecting "pocket" that is Phillip Skove: Application for Fill, Riprap and Dock Page 2 a contributing factor to poor water quality on this site. The proposed riprap and dock would not appear to constitute a navigational hazard nor be detrimental to the conservation of the marine environment, as stipulated in Section 19-111 (5) . The use of turbidity curtains would minimize impact on adjacent waters. Recommendations : --Conditional Approval. Turbidity curtains to be used throughout construction. Attachments: County Application (1 sheet) Site Plans (2 sheets) F.D.E.R. Biological/Water Quality Assessment (5 sheets) CC: William Russell, Assistant Director File . u . 2,. PLANNING, D ZNPARTN MONROE ..I PERMIT FOR BUIL EXCAVATIOING &TO N, THINGEDE DEPOSITME OF T PERMIT NO. COUNTY = ' FILL, OR STRUCTURAL ACTIVITIES IN THE �. WATERS OR WETLANDS OF MONROE COUNTY 1)Property owners name&mailing address 2)Date FOR DEPARTMENT USE ONLY Phillip Skove 9-27-83 17 Card Sound Road Resolution No. Ocean Reef Club 3)Phone number Key Largo, Florida 33037 367-2343 Date: 4)Contractor or agent's name,mailing address&phone number Upper Keys Marine Construction Co. . Post Office Box 18-A Key Largo, Florida 33037 451-3119 5)Legal description of property: Section 12 Key Largo Subdivision Brayvik Township 5 9 S Lot 11 Block Range 4 0E Street, road or mile marker 17 Card Sound Road Volume of material: dredged/excavated filled/deposited c.y. c.y. 3 0 0± c.y. c.y. waterward landward waterward landward of M.H.W. of M.H.W. of M.H.W. of M.H.W. ZONING: RU-1 • PURPOSE: Cost of Permit Estimated cost of Construction . . Biologist Comments-Restrictions or Special Conditions if any: CONDITIONAL APPROVAL Turbidity curtains to be used throughout construction Jeffrey M. Doyle , Ph.D. , Director Planning, Building and Zoning • _ti„, • MONROE tie!"', � —•ANNIi`+CI, BUILDING ZONING I)f:PART\:F;N1 PF, t ii.PPI.ICATION ?'f'%R COUNTY) EXCAVATION, THE D};f'CSiT OF FILL, OR STRUCTURAL ACTIVITIES IN THE '' 'WATERS OR WETLANDS OF MONROE COUNTY. I) Property owners name & mailing address 2i Date 3) Phone number f-a,Zt U � _5l6:z� 1 L) I 17 (744(e 1 "4"(' s c 7 • r_.a Z YI._.3 f 4) Contractor or agent's na �e. mailing address, phone & cer•i iiicfit ion number. —� -- r -0 a e-- / ` `t 5) Legal description of iroperty: — Section, D_. S; Key, ,.-I.6:-L U _. Subdivision, �' Township, _s_�_g_ J TZ(;,s}- Lot, 11 _ Block, _ / Range, _ . Street, road .ir mile marker, / ,�i , ' /� (if acreage) --_1 —=f —`q / `^-1 —`L , _ Zoning, 1.— — — —--0L.47 C, _ -�C-1�s h 6) Describe the proposed activity, methods of construction &amount.of material(in cubic yards) to be excavated or discharged. Describe ppurposen& intended use of project. • 1- G a�YD.yam CI'd"1,t 51"/Llt r. .� J - / . LiC c(Q D (-- volume of dr� dr daeexcavated , filled/deposited material waterward — c.y. ��� te.y' --- c.y. landward • erward landward of M.H.W. of M.1L4V. - M.H.W. of M.H.W. __ rG 7) Name, address.& zip code of adjoining property owners wh se proper affronts water way. Y.r_c 4-.<./tt.1---j 4. .4.;7 EC v,..- . 8 a) List other permits issued and/or applied for, include applicant's r ie. for this s to:-- • b) If application has been suhncitted 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. • ( C; P e 2Nk.. This completed application form will he accompanied by the • following, or it will NOT he processed. • • a) Two(2) sets of drawings, on 81;4 x I I paper, showing location, plot plan, top view and cross section of proposal, drawn to scale. b) Application processing fee as follows: ' • $75.00 for dredge, fill, 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. 1 certify that I am familiar with the information c:ontaini'd in this application, and to the hest 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 ordinanc•c's.govr'rning this tylie.of work will he 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. —'�_ - � � Si,- at.ure of applicant/agent Date For Department Use Only/ r / -- -- re, / receipt Approved by Ass t Director Person accepiMg application N !MIA, t �',(� c;r, ('o!,l cif rwrniil I;stinr;rted co„t of construction ‘ ...;4 •- ' w.f....0 ..."/f h... . 1( 1 ....i 0 ':.:7.L trLC :57 0 Ai414,1 i 0 LIN -no d 7. ,-7-c,'; ),/ c r cc- g er7 0 --1 :7 5' -J' tQ -it" - 0 , . C.n 74 I t .../. 1 ?,ri 3C. CD 1,,Are110 0c3 CI on rv7 /v te //.1.., —1.11,7PW...t:PA ;,=1?1 a _,-...,,, .,,• if c..( ci-a. d /7 c /..voe /I! . . . N c 1 4,40.,„o 3 '7;1 .37,G%.1 c,, j...%.Z rn • . . :.. , " • , . . . . . _ . / / / IS // / / // . . , Q76----i—l' %-•(..----/T- -------,:" . 0/i......Ai --/Tr' /PS. I:4;— --qirW-(77/ :1 , // i / . 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TSCHINKEL PUNTA GORDA,FLORIDA 33950-9359 SECRETARY Z4 OF FLOe RECEIVED Au" 1 5 1983 [ 1 -0'S August 8, 1983 �' Director of Building, Planning & Zoning Public Service Building 5825 Junior College Road West Stock Island Key West, Florida 33040 - Monroe County, File No. 440716845, Fill Boat Slip,& Construct Dock Gentlemen: As per your request pursuant to Section 253.125, Florida Statutes atttached is a copy of the Department' s Biological appraisal for the referenced project. A hydrographic survey was not required. Sincerely, • (7.0.A1 /2,0 01. James M. Stilwell Environmental Specialist . Encls. JMS/wlb Protecting Florida and Your Quality of Life DEPARTMENT OF ENVIRONMENTAL REGULATION • PERMIT APPLICATION APPRAISAL File No. : 440716845 County: Monroe Date : 7-26-83 Applicant Name : Phillip Skove Address : 17 Card Sound Road, Key Largo, Florida 33037 • Agent (if applicable) : John Wilson Address -_ Upper Keys Marine Construction, Inc. , PO Box 18A, Key Largo, FL 33037 Location of project : Section (s) 12 Township 59S Range 40E Section (s) Township Range Local Reference : Key Largo, Ocean Reef Club Water Body: Card Sound Water Classification of Project Area : III Adjacent Waters : III Aquatic Preserve : Biscayne Bay/Card Sound • Outstanding Florida Waters : Biscayne Bay/Card Sound Aquatic Preserve On site inspection by: David Bishof • Date of Inspection : 7-18-83 Original Application: Yes No X Revised Application : Yes XNo Date : '7-21-83 Date- of 2nd Insp. None • • • 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 . 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 b*o17 al resources and water quality. Address lon_ -term _i:'1a ct as well as immediate impact for all aspects of the Project . • B. Suggestions , where appropriate , for mod_ =icat' ons that may reduce or minimize the potential im ,act _ _ roject. + PERM 16-10 (Rev. 6/79) SKOVE, PHILLIP #440716845 Monroe .County - Key Largo Page Two A. The applicant wishes to eliminate a source of polluted water, which he finds to be a nuisance. The goal will be achieved by filling in a man-made boat slip. The boat slip measures 18 ft. wide at the landward end, 35+ ft. at the waterward end and 35+ ft. long, for an area of 930+ ft2 (0 . 021 ac. ) . An estimated 200 yd of crushed rock will be placed in the slip to fill it to 3 . 5 ft. above mean sea level (MSL) . The • _ new shoreline will be protected from erosion by a riprap • revetment that will tie into existing adjacent revetments. Filling in the boat slip will eliminate the- present dockage facilities at the site. In order to replace the existing dockage facilities, a new 6 ft. wide by 28 ft. long (168 ft2) dock will be built. The dock will be placed along the newly established shoreline, with an orientation parallel to shore. The proposed fill will be brought to the site over upland routes by truck. A barge mounted crane will be used to place the fill. The dock will be pile supported and constructed out of wood.. No description of techniques , which will be used to maintain water quality during construction, is con- tained in the application. The above description of the project is based on revised plans : dated July� 21, 1983, (copy attached) . B. The project site is located on the' northern end of Key Largo in the Ocean Reef Club development. Ocean Reef Club is a large, (2, 000+ .acre) , multipurpose subdivision, which contains stores , marinas, hotels, country clubs, an airport, as well as single and .muti-family residences. An extensive system of canals is a part of the development.• The Atlantic Ocean within John Pennekamp Cc:7a1 Reef State Park forms the Ocean Reef Club' s eastern boundary, Biscayne National Monument forms the northern boundary and Biscayne/Card Sound State Aquatic Preserve forms the western boundary. Waters within these three areas are designated as Class I.II Outstanding Florida Waters (Chapter 17-3 . 041, 17-3. 081, Florida Administrative Code) . The project site propertjis located in the southwestern section of the subdivision, in an area which borders Card Sound . The project area is an older part of the subdivision and is pres- ently 95+ percent developed with single family homes. • SKOVE, PHILLIP #440716845 Monroe .County - Key Largo • Page Three Card Sound Road runs along the southeast- side of the project site. The far side of the road is developed with single- family residences. A private residence, which benefits from a riprapped shoreline and dock into Card Sound, adjoins_ the southwest side of the project site. A private residence, which also borders Card Sound, adjoins the northeast side of the project site. The open waters. of Card Sound lie to the northwest of the project site. On May 10, 1976, Permit Number 44-21-0388-6E, (copy attached) , was issued to Mrs. Sally Munsill Appleton for work at the project site. The work consisted of maintenance dredging the boat slip to a depth of 4 . 5 ft. mean low water (MLW) . The work was necessary because the slip had filled up with silt and decaying organic matter. The work was completed as per- mitted. _(John Wilson, personal communication) . C. The applicant' s property consists .of a large 0. 5+ ac. irregu- larly shaped residential lot. The lot enjoys approximately 150 ft. of frontage on Card Sound. A single-family residence . . . is located on the lot. Most of the site has been filled to an elevation of 8+ ft. above' MSL. •The grounds around the residence have been planted with a variety of ornamental trees and scrubs, as well as a lawn. • The present shoreline on the project site, with one exception, appears to correspond roughly to the original natural shoreline prior• to filling. The shoreline has , however, been riprapped and the elevation behind the riprap raised markedly. -= The one major exception to the more or less original alignment • of the project site shoreline, is a man-made boat slip. The slip. was cut into the shoreline behind the house. As a result of theelevation of the land around the house, a set of stairs leads down the slope on one side of the slip to a 5 . 5 ft. by 26 ft. wooden shoreline dock in. the slip. The landward end of the slip measures 18 ft. wide, however, the slip widens toward the waterward end reaching 35+ rt. wide, 35 ft. out from the landward end. The slip opens to the northwest. Water depth within the boat slip is approximately 2 ft. MSL. Sediments found on the floor of the boat slip consists of a mixture of silt and large quantities of decaying organic matter. The sediment is one to two feet thick over bedrock. SKOVE, PHILLIP #440716845 Monroe County - Key Largo Page Four The sediments are very easily put into suspension. Virtually no living macroflora is found on the basin floor. A 3+ ft. deep dredged shoreline channel leads to the project site from the nort`<east. Parts of the shoreline channel have revegetated with turtlegrass (Thalassia testudinum) and Cuban shoalweed (Diplanthera wrightii) . The undisturbed areas, just beyond the channel, are thickly vegetated by turtlegrass beds . 1). Temporarily elevated levels of dissolved organic compounds, particulate organic compounds and turbidity in the waters near the project site will result from the proposed work. Proper use of turbidity controls should be able to reduce these impacts to acceptable levels . Unfortunately, the application does not indicate any plans to use turbidity controls. The proposed work will permanently eliminate 0. 021 ac. of shallow, sublittoral wetlands. In the case of the project site, the wetlands represent a festering sore on the side of Card Sound. Elimination of the boat slip will permanently eliminate a source of pollution... Maneuvering a construction barge in the area, just outside the boat slip, could easily result in bottom scarification. If this occurs, the seagrass beds could be very slow in recovering.