Resolution 124-1983 y � e
•
RE$OCUZi N N . 124 -1983
WHERE , the BOARD OF mum COMMWIONER$ OF m(O ROE C®UNtg; FLORIDA, has receiveh
an application from Joseph Picariello , ana
3))HERE $, in compliance with State Statute, it is neeessarji as part of the permitting
procebure to reaei the following Biological Assessment into the Recori as follows:
The applicant wishes to protect his commercial property from
erosion. The goal will be accomplished by building a seawall
along the waterward edge of an existing shoreline dock.
The seawall will measure 50 ft. long. Boulder riprap will be
placed at the toe of the seawall on a 1 to 1 slop, coming up
to an elevation of one ft. below mean high water (MLW) .
Approximately 10 cu. yds . of riprap will be used for this
purpose. An area of wetlands landward of the seawall will be
partially backfilled. Approximately 20 yd. 3 of fill will be
required to backfill the seawall (the applicant ' s estimate
of 200 yd. 3 appears to be high) .
With the exception of the riprap the project .is now complete.
The seawall was constructed by pouring_ concrete-.into 'forms
constructed around and in alignment with the concrete piles
on an existing dock. The area landward of the seawall was
only partially backfilled such that a 3 to 4 ft. wide gap
exists between the seawall and the approximate mean high
water (MHWY line. No description -.of how the riprap will be
placed was supplied with the application; nor was any •
description of how water quality will be maintained during
construction supplied. The availability of upland supply
routes suggest that they will be utilized exclusively.
The project site is located on the Coco Plum Beach Causeway,
which connects Coco Plum Beach to Fat Deer Key. The causeway
crosses Bonefish Bay, a natural predominantly shallow body of
water, which • is 'designated as Class III waters (Chapters
17-3. 081 and 17-3 .161, Florida Administrative Code) . The
land is approximately 100 ft. deep on either side of the right •
of way. Development in the area consists of a patchwork of •
commercial 'and residential development, with commercial
fishing the most common.
The applicant' s property is located on the west side of the
causeway. Bordering the property to the north is' a lot which
is used as an equipment (boats, trucks, etc. ) storage and
workyard. To the south, is an. undeveloped lot which has re-
cently been cleared, including most of a formerly lush stand
of wetland trees along the shoreline. The shoreline of most
of this side of the causeway is vegetated by a 20± ft. wide
fringe of lush mangrove trees. Bonefish bay has been altered
by a series of dredge and fill projects over the years to the
point that it is difficult to determine what its natural
condition was.
On April 7, 1981, permit number 44-39397-5E was issued to
Mr. James H.. Fenhoff, Jr . On July 6 , 1982, the permit was
transferred from Mr. Fenhoff to Mr. Joseph. Picariello. The
permit authorizes the construction of a 60± ft. long by _15±
ft. access channel and a 10 ft. by 30 ft, shoreline dock:
The access channel was supposed to. border on. the dock for
24 ft. of its length with a preserved section Of mangrove
wetlands bordering the southern end of the dock (copies of .
biological report,'_and permit attached) .
s
Resolution N � •
Pi6ariello, Jo sep
April 14,• 1983
Page Two •
•
A 50 ft. by 9 ft. parallel to shore dock has been built at
the project site and the entire area waterward of it has been
dredged out. As indicated by the present application, a
seawall was also' built. The Department is presently pursuing .
this unauthorized' activity and permit violations through
standard enforcement procedures.
The applicant ' s property consists of a 60 ft. wide by 100± ft.
deep lot. A chain link fence encloses the lot. The area _.
within the fence is used as a commercial fishing work and
storage. yard with lobster trap building equipment, storage
sheds, and traps, etc. kept there. Much of the- area is un-
vegetated ground with a few Australian pines and pioneer
grasses being the primary vegetation. .The entire area is
apparently filled bay bottom with the substrate consisting
of crushed rock at an elevation estimated to be 4ft. MSL.'
Running along the outside of the fence on the west side of ,
the project site is a 50 ft. by 9 ft. shoreline dock. The
dock is pile supported and built out of concrete. The dock -
extends from the southern property line to 10 ft. south
of the northern .property line. A 'small 4 ft. ± MSL deep
channel runs from the north end of the dock to the south.
The. channel borders the entire length of the dock. At the
waterward edge of the dock is the concrete seawall for
which authorization is being sought here. Before construe
tion of the seawall, the channel extended under the dock a
short distance. Since the seawall has not been backfilled
there is a large gap under the dock between it and the
edge of the fill.
The floor of the channel consists of fine unvegetated
sediments . There is a moderate accumulation of sunken wrack
in the channel . The most noticeable type of fauna . in . the -
channel consists of the upside down jellyfish (Cassiopeia xamachana) . .
For a description of the site prior to the recent construction
work, see the attached biological reports from files #44-39397-5E
• and #440553035 .
Construction related activities have and will result in
elevated levels of dissolved organic compounds, turbidity .
and particulate organic compounds in the waters, at and near
the project site . Proper use of turbidity .curtains should
be able to control_ these impacts within acceptable levels.
Once completed, the project will stabilize the shoreline area
and probably result in a long term reduction of .turbidity and
related pollutants at the project site.
Construction of the seawall, dock and access channel has
resulted in the destruction of a 50 ft. by 10 ft. area of .
shoreline wetlands. Twenty-six (26) ft. of the . length of
this wetland area consists of areas which were specifically
designated as areas to be preserved as:a condition of permit
number 44-39397-5E. With the loss of the wetlands is also
the loss of there functions of habitat,' pollution filtration,
primary production, secondary production and shoreline stabi
lization.
The dredging of the access channel has resulted in the creation
of a stagnant .pocket. The area of the channel tends to accumulate •
detritus which sinks to the channel bottom and decays . It is
expected that the accumulation 'of .putrescent. material on the
channel floor will prevent the area from ever reestablishing a
healthy biological assemblage.
• Rdssladon Nor llillik •
_
•
F,Picariello, Joseph
April 14, 1983
Page Three
BE It REWPED pg ZRE BOARD OF COMM COMMIMONER$ OF mown coung, PURIM,
that the abave Binlagical Assessment has been reab into the recarb and bulg ransiZtereb
pursuant tn Flariba Statute 253.124 bg the Baarb nf Cnuntg Cummissianers Manrne
Cauntg, Flarina, this 29th hat a April , 19 83 at a regularly schebulea
meeting.
BOARD OF COMM COMMIMONEU OF
MONROE COMMf-FORIDA
BU (LI-0 Okit,i'4-4=7.4, 1/,
/iniapr) :39/7
( EAL)
rev/
I , A W”7
Attest: PA.111 wilgo.1
—A_Nr P"Anie .0 0 'C . 1440 '714-‘361-14
(Clerk) itrier C. Prabg,
Cauntg Attarneg
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
BY
Attorney's Office
,
� •
�'BOARD Olc COUNTY COMM RS - — d' .`,h I-_ r __... OFFICE OF:
Wtlhelmina Harvey, District 1 _� -_,. Director
Curt Blair, District2 tix , ' it.:: Building, Planning amMayor Protem Jerry Hernandez,Jr., District 3 ' i. Zoning
MAYOR George E. Dolezal,:District 4 r! °.._! 'r ( _ P.O.BOX Room 205 Wing
Ken Sorensen, District 5 , � {r''I ,0} ,,
._ . Public Service Buildi]
` s ,,N-"' ` `I _ Z , -:
� 5825 Jr. College Rd. S
:� _;,F'.. OUNTY O MONROE -, Key West , Florida
.� -� - ,.- *! e 33043-4399
�� KEY WEST, FLORIDA 33040
yr (305) 294-4641
Lucien C.; Proby
Monroe County Attorney
310 Fleming Street .
. Key West ,; Florida 33040 r
f
• I , the undersigned, do hereby attest that all date and
informatijo.n is complete in the package of the applicant as follows :
Certificate of Complete Enclosures I/
1 . County Biologist Report •
2. Resolution (JOSEPH PICARIELLO)
• 3. Permit
4 . Application for Permit (AFTER-THE-FACT RIP RAP & 1/
SEAWALL)
5. Site Plan
6. Location Map -
7. DER Assessment • f/
Date i -e O_ BY • r:f;ii0--)
AFF1 ,_ > '
•
,COUNTY Pi i 1 is
•
MEMORANDUM
DATE: March 16, 1983
TO: William R. Russell,
Acting Director
FROM: dy Ho to , Biologist
SUBJECT: Josep Picariello, Rip-rap,
After he-fact seawall
LEGAL
Township 66 South, Range 33 East,
Section 4, Coco Plum Beach Sub-
division, Block 2, Lot 22 , Fat
Deer Key, Monroe County, Florida Zoned BU-2
The applicant requests an after-the-fact permit for seawall that was
placed at the base of an existing dock and was . backfilled with crushed
coral rock. Also, the applicant wishes to place rip-rap boulders at
the base of the seawall (below the mean high water) . Both activities
are proposed for erosion prevention and the rip-rap is also for habitat
establishment.
Monroe County issued a permit to Mr.. Joseph Picariello on July 13, =
1982 for the construction of a dock. Attention was brought to the
County by the Department of Environmental Regulation and the Army Corps .
of Engineers that Mr . Picariello' s structure was a deviation from the
permits issued; however, a review of the file found that the permit
that was issued by the County was for a "dock" and was void of dimensions
and specifications.
Details of the completed work are accurately described in the attached
D.E.R. bio-report; however, any adverse environmental impacts placed
on this area have already occurred during construction and the presence
of this structure does not appear to actively contribute to degradation
of the area. Moreover, the removal of this structure and restoration
of the shoreline would in itself have an immediate disturbance and
comparative environmental impacts (restoration vs . retention) over a
long period of time would probably be insignificant.
e- William Russelillmirting Director
Joseph PicarieZZ'C, Rip-rap,
After-the-fact seawall
March 16, 1983
Page Two
Although the dredged basin that lies in front of the structure will
collect detrital material and water quality may be presently sub-
standard, properly placed rip-rap may aid in improving water quality.
Invertebrates and fishes can colonize within the rip-rap, thereby
resulting in an increase of biomass turning over available nutrients
throughout the water column.
Based on the above, it is recommended that an after-the-fact permit
be granted and that the placement of rip-rap at the base of this dock
and seawall be approved.
AH:cm
Attachments
q_. S
p��jco
•
� PLANNING, BUILDING &ZONING DEPARTMENT PERMIT
MONROE ��¢`'�2�.•4e
PERMIT FOR EXCAVATION, THE DEPOSIT OF 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
h Picariello 9-01-83
Joseph •
Resolution No.
11455-3rd Ave. Ocean 3)Phone number
Marathon, Fla. , 33.050 743-6964 Date:
4)Contractor or agent's name,mailing address&phone number
Self
5)Legal description of property:
Section 4 Key Fat Deer Subdivision Coco Plum Beach
Township 66 South Lot 22 Block 2
Range 33 East Street, road or mile marker Coco Plum Drive
Volume of material: dredged/excavated filled/deposited
50 c.y. c.y. c.y. 50 c.y.
waterward landward waterward landward
of M.H.W. of M.H.W. of M.H.W. of M.H.W.
ZONING: BU-2
•
PURPOSE:
Cost of Permit Estimated cost of Construction
Biologist Comments-Restrictions or Special Conditions if any:
It is recommended that an after-the-fact permit be granted and that the placement
of rip-rap at the base of this dock and seawall be approved.
•
•
William R. Russell , Acting Dir.
Planning, Building and Zoning
s . ,
' ~es� ` l) iiatC,
• •
c-1O 5 'e.�oh , i�{a ri e //� 1 7... �� 7/
a 3.305"Q . 1.0 pee.,."
ling address , prone & certification number .
4) Contractor or ascot ' n a::c , mailing
Je/f .
5) Legal description of property : ! Subdivision, - 1 �
Key ,• L-.: /_.. r-
Section, _ J.
-1 ? Block,
Township , , ' •S •
,. Lot , —'
�� Street , road or mile marker ,
Range, . �• � �=--� � � f'
. (if acreage) (; �)/ 1.� ��--r.- (Jv
. Zoning,
G) Describe the proposed activity , methods o` constrtctiom & amount of material
r be excavated or disc ars;ed . Describe purpose &, intendec
(in cubic yards) , to / do c/
a
used£ project . Tt2 <`. G,�L S' �' 7' 30 .: /. �U �.
/ •r P J/� �✓ 1 ry
1�/ t-/r- / j. (0 !J Lam. ci C;,r 7'r)v" /0 C:/v( ;.1 `G-- iJ,ti /G.1l:t.:l'1 n -0-6
isiw TES 1u
fr�`Q 1iS. /1 r� (..LcC�i^'CC�fed/ filled/de
C ^.Vc.y
posited
j'k- r C . 1 �`' C . V
volume of material: .ti :'' c • Y• c ` "
W. L--- .;`;? ri 1 F"c75. r1_ "i�` a -:' . fi .ja
oc :� . :: . � . � , ,_ op r,. affron
zip code of adjo:.iog property owners whose property tY
• 7) Name , acidxes� & �
water way. �.'.�P ill e - -( e
�':, '<- //;`1--,- /1-r�. A -/ licant ' s
g a) List other permits _issues and/or, applied /�r
.include app name,
this site �J t,/:J,�'•. �i ie' f ( u r air �� " j'
A,/ f. 0 f r4 e 4 i- --7. . . • .
! .�- for this project (or one similar) in t
1 b) If. application has been sub.,.. � ..eG
past , explain reason for new application and give applicant ' s name if
different from current applicant .
•
n State agencies that have received applications for t
• "J List all Federal .and d � �•r. / `' . -•
a. n / .l
1 J L 1': 4 i., in Y ..,
pro j ect . � Y'. �-;"
This com?acted application form will be accompanied by the following, or it will \
• NOT Be processed.
�� • • paper, location,'plot plan, top view
a) Two (2) sets of drawings , on x 1showing
and cross section of proposal., drawn to scale.
•
b) Application processing fee as follows:1 .-
$� fill, docks O? any structures affronting natural water bodies.
�5.00 for dredge, r
$l0.•0'0 for vertical seawalls. on man-made bodies o£ water.
the above activities per site.
$7_S .00 for any combination of
made for a permit to 'authorize the activities described herein.
Ice- ify t as h�rcby information contained in this application, and .
o _�
' � I certify tht�I am familiar with the & accurate..
•belief such information is true, complete
. to the best of my knowledge �< • to u•�dert'!{e the proposed activities.I further certify that I possess the authority be cti lied with"-.
All provisions of laws and ordinances governing this type of work willP
�:..� of permit does not presume to give
fhereinThe a
whether speci.�icu or not• �- � � ��zte or federal law
the pro•;is ions o:: a p.y county, ..
{t}• .violate or cancel ' ' r• ,s `., e of „•icility.,
authority tO ..�-r.•..r �qrl Q th C
resukating. cengtx�aEt�.c:n or parpQ,�cr,^:�ca c:. co,,,, v,, ,,. � i ��
:r_ a-11 L c. . i./ c ,u.,L Jo_U
/ o / 71 ,��,
<or Department Use Only/�'/ 3 72 1 r,L 6 receipt-. if Approved by t\ssl.t . Dirac
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•
•
BUILDING PERMIT •
,cam BUILDING AND ZONING DEPARTMENT
MONROE COUNTY, FLORIDA
DATE 3uv '� i; 1982
THIS PERMIT SHALL ALLOW WORK (AS DEFINED UNDER WORK DESCRIPTION BELOW AND AS SHOWN AND
SPECIFIED ON PLANS SUBMITTED AND ON FILE IN THE BUILDING DEPARTMENT OFFICES)TO BE PERFORMED -
ON THE FOLLOWING PROPERTY BY THE OWNER LISTED -
LOT 22 BLOCK' 2 SUBDIVISION S• Coco Plum Bea,'EC T R 33E
tr
c ., 111 iley• Fat Deer
n- STREET OR ROAD
OWNER a s. �I i'.-Lrei 1 1'n PHONE 74-3-► 6964
MAILING ADDRESS 1.1455'. 3rt Ave.. Ocenn Marathon. Fla. 33050
x � Jones Holland
CONTRACTOR__• PHONE
MAILING ADDRESS 2001 Overseas Highway Marathon, Florida 33050
WORK DESCRIPTION : DOC:k •
REMARKS 0®� '° Del'1T2.1.0 9-9 31 ESTIMATED VALUE '' 4 9 5OJ.00 ;
DES L coe7;k. .31 j-U2 Y(
• PERMIT CARD MUST BE DISPLAYED ON STREET SIDE BUILDING FEE �75.00
OF LOT IN PERMANENT, SUBSTANTIAL MANNER, AND
•s IN A CONSPICUOUS, SHELTERED LOCATION, ACCESS- PLUMBING FEE
" •• ;IBLE TO THE INSPECTOR. PERMIT MUST REMAIN DIS
PLAYED UNTIL AFTER FINAL INSPECTIONS.ONE COPY _
• OF APPROVED PLANS, BEARING BUILDING DEPART- ELECTRICAL FEE
MENT STAMPS,MUST BE KEPT ON THE JOB SITE,AVAIL-
ABLE TO THE INSPECTORS AT THE TIME OF ALL IN-
SPECTIONS. ..." TOTAL FEE !;)-lb S.0O
THIS PERMIT BECOMES NULL AND VOID IF WORK IS NOT COMMENCED WITHIN THIRTY (30) DAYS OF
- ISSUANCE OR IF WORK IS SUSPENDED FOR A PERIOD EXCEEDING NINETY (90) DAYS. ALL PROVISIONS OF
LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK SHALL BE COMPLIED WITH.THE GRANTING OF A
PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY LOCAL,
_ STATE OR FEDERAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. THIS -..
PERMIT IS NON-TRANSFERABLE, NON-MARKETABLE AND NON-ASSIGNABLE AND ANY ATTEMPTED TRANS-
. FER, SALE OR ASSIGNMENT OF SAID PERMIT SHALL RESULT IN THE AUTOMATIC REVOCATION OF SAID PER-
MIT.
' 1:r :" HOWARD JOHNSON •
SIGNATURE OF OWNER,CONTRACTOR OR AUTHOR-
IZED AGENT BUILDING OFFICIAL
G'
•
"FAILURE TO COMPLY WITH THE MECHANICS' BY
LIEN LAW CAN RESULT IN THE PROPERTY
OWNER PAYING TWICE FOR BUILDING `.t� 8460
IMPROVEMENTS". V . PERMIT .
ORIGINAL-BUILDING PERMIT GREEN-ASSESSOR'S COPY CANARY-OFFICE COPY PINK-INSPECTOR'S COPY GOLD-OWNER'S COPY
STATE OF FLORIDA rem I247/8
DEPARTMENT OF ENVIRONMENTAL REGULATION
SOUTH FLORIDA - �s""�O"►+Eti,
GRAHAM
BRANCH OFFICE (S6GOBi VERNOR
11400 OVERSEAS HIGHWAY s VICTORIA J. TSCHINKEL
SUITES 219.224 a —
SECRETARY
MARATHON, FLORIDA 33050
\\�f OF ROW-
Certified Certified Mail No. P 282 559 288 December 3 , 1982
RETURN RECEIPT REQUESTED
Mr. Joseph Picariello
1455 3 Avenue, Ocean
Marathon,
Florida 33050
Re: Unauthorized construction of a seawall and
compliance with Permit No. 44-39397-5E. The
site of the unauthorized activities is Lot
22, Block 2, Coco Plum Beach subdivision,
Monroe County, Florida.
Dear Mr. Picarielle:
Available information indicates that you arc a party responsible
for the above activity, either as a property owner, or person
performing or causing the performance of this ;work which violates
the following:
Chapter 253 . 123 , Florida Statutes (F. S. ) - Restrictions on
filling land and dredging.
Chapter 403 . 087 (6) (b) , Florida Statutes: The Department
may revoke a permit which has been violated.
Chapter 17-4 . 10 (3) (b) , Florida Administrative Code: A
permit may be revoked if its conditions have been violated.
Chapter 17-4 . 28 (2) (e) , Florida Administrative Code (F.A.C. ) -
Dredging and/or filling activities requires a permit before
being undertaken.
You are hereby requested to immediately cease and desist from
unauthorized activities which are under the Department ' s juris-
diction. Failure to do so may subject you to the imposition of
civil and criminal penalties as provided in Sections 253. 04 ,
253 . 124 (5) (a) and 403 . 161, Florida Statutes.
Continued. . .
Protecting Florida and Your Quality of Life
•
•
' •
Mr. Joseph Picariello
Page Two
Dec. 3 , 1982
The Department considers this to be a serious matter and therefore
requests you to submit a plan for the restoration of the effected
area. The plan shall include removal of the seawall and restoration
of the contours and elevations to their pre-seawall condition.. The
plan shall be submitted by December 14 , 1982 and carried out to the
Department' s satisfaction by January 5, 1983 .
Please be advised that Monroe County and the U.S. Army Corps of
Engineers may also have jurisdiction over these activities.
Your cooperation in this matter will be appreciated and although it
does not release you from responsibility for the above actions, it
will be considered relative to the Department ' s future actions with
regard to this case.
- Inquiries pertaining to the contents of this notice should be directed
to this writer at the letterhead address or call (305) 743-5955.
Sincerel ,
'72
David Bishof
Environmental Specialist
Enforcement
DEB/dvo
cc: Langley Adair, DER
Gary Stephens, Atty. , DER
Curtis Kruer, ACOE s
Andy Hooten, Biologist, Monroe Cnty. v
- BOARD;OF COUNTY COMI�JERS __ ";` •
i,y r . E OF:
:Wilhelmina Harvey, District 1 _- _. '=`--`•y Andy Hooten
Curt Blair, District 2 1.,r; ........1. -,
Mayor Protem Jerry Hernandez,Jr., District 3 f,.:_, ;;rney r..;:;v, ;;i: . Planning and Zoning Dept
MAYOR George E. Dolezal, District 4 ' a':_', -1s A ry,E.r aij 3103 Overseas Highway
Ken Sorensen, District 5 }f '' = 1 ^ tz 44i Marathon, Fla. 33050
QYa6ur OUNTY 0 MONR
'�y4+Uta. ,< KEY WEST, FLORIDA 33040 r
+A (305) 294 4G41
:v.t: •....
,e
CERTIFIED RETURN RECEIPT REQUESTED NUMBER 739257
December 16,1982
Mr. Joseph Picariello
1455 3 Avenue, Ocean
Marathon, Florida 33050
Re: Non-permitted construction of a seawall . Specific location:
Lot 22, Block 2, Coco Plum Beach Subdivision, Monroe County,
Florida.
Dear Mr. Picariello:
Available information indicates that you are a party responsible for
this non-permitted activity,. either as a property owner, or persons per-
forming or causing the performance of this activity.
The construction of this seawall is in violation of Monroe County Code.
Chapter 19-101(a) states that :
"No covered or uncovered boat docks, boathouses or boat lifts
or seawalls shall be constructed within Monroe County, Florida
without a permit."
Our records show that you were permitted to construct a dock at the above
location on July 13, 1982; however, a seawall was not a condition on the
permit.
You are hereby requested to CEASE and DESIST from any further violations
of County Law on this site. Furthermore, you are requested to contact the
Building Department within thirty (30) days of the receipt of this letter. _
Also, there appears to be an electrical violation on this site.
Please be advised that failure to comply with this request may result in
court action.
If you have any questions, you may contact me at the above address or call
me at (305) 743-9451, 7439452, or 743-5405.
411
Mr. Joseph Picariello
December 16,1982
Page Two
Sincerel ,
Andy Hooten
Enviornmental iol gist
cc: Mr. Dumont D. Sterling, Assistant Building Official
Mr. Larry Gray, Violations Inspector
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•
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December 23 , =82
David Dt.shof
Department of Environmental Reulat on
11400 Overseas Inghway
Suites 219 224
Marathon, Florida 33050
Dear Mr. Bishof :
In response to your letter of December 3 regarding construc-
tion of a seawall_ at my property on Coco Plum, I offer the
following explanation and proposal :
After construction of the permitted doc%, I attempted to add
fill material to the uplands . Due to the poor so- l cond_t'.ons ,
the suhsoll began migrating toward the water. . It appeared
that this m .gration would cons`.nue and I had to do something rd J
to stop it. The solution was to form
onup totae"l aty fforaan after
and pour concrete. It '"s my ;
the-fact permit for this acti.v' ty 147.th-n a few days
Rather then restoration to pre "ex~_stL.ng cond' tons , I propose
to add rip rap at the toe as a mitigation measure Your con_
sideratton of this proposal is appreciated
Sincerely,
Joseph Picar _ello
1455 3 Avenue, Ocean
Marathon, Florida 33050
CC Curtis Krwer
Andy Hooten'
r .
-
Dec . 27 , . (305) 743-6964
Joseph Picariello �-' � 1982
' 11455 Third Avenue Ocean -
Marathon, FL 33050 --- - ;.
��� ,1, in 1 a�
actor or agent's name, mailing c:z' ..: v (�v, ►Y 0
.r2.1 description of property: • ,
• �, Coco Plum S:��c.iviS Cn, Coco PJ um Bccch-
7,tion, 4 �y '
ISC,�p' -- --- io' 22 . _ ".cc'., .
2
E `,
(if acreage) .-_�<e,. Causeway
. road or mile • • . Coco Plum Bch.
.,.in", second lot north of bridE,e,_west _s„ide of,�road .... _
---------------
rl activity, d of coast uc' o.'_' .. - material
��`�CriJe the propose aC�1Vl , mC�i'?O S �� `'-- .. - ..�. .
cubic yards) ,
oJbe excavated or discharged. Describe A._.r e. is .n
dec'. use Place vertical concrete seawall at .waterward row of piles
efexisting
dock;
backfill with crushed coral rock fill . Project is to prevent
f .
fill into dredged area waterward of dock. Rip rap is to be placed at toe'
• of seawall to provide erosion protection and habitat for sealife.
^r
dredged/exc vated . (-1 — ----
c.y. 10 •v • 200 C.V. -
m,n of waterward•
c•y• landward. ;�c:',er ':, ,,. _:;.. ;,,�_.- .
r;alf a•t T_T•j� or_ a< Of .-..'.. �_`..... —
' ^n `,l'( •1(nr�' ^r rr C'�•C water i`�^.V
a^.e address c zip code of edj cining nro2ort 1 ownou5 - -\' af`
v' Ed Neff
Glenn Hewlett 419 Harwood Avenue
717 96 Street Ocean Satellite •Beach , FL 32937
Marathon, FL 33050
,/ .r_ 1..�;e ..-,..,•^.:C.,�.t'S ,,�.mn for tniS S-lte.
other permits issued and/or applied for inc.] 3..:7•Li -
List
Prior permit issued to James Fenloffpfor cotnstructionwas
feof dock and
dredging of access channel to doe
applicant who is the present owner.
•
•
t this ec� (or one -s ilar) - .he t,
If has Been 5�:�^1t�eC1. for '�:Ol - -
application ,"^j ..� y �'_ 'g T`"`^e �r different lr(1^`' y,�rreT?-h
e +lain reason for new application and. give ap_l= a: - _, -
app li c an t.
•
•
.ist all Federal-and State •agencies t;'_at nave receivea a-n_I.icatiC ?S or t.^is "':.•c�eCi..
U.S . Army , Corps 'of Engineers
State of Florida , 'Department of Environmental Regulation
This completed application ic-=, r,\-i
i i be. acC0mpan iec- p,; the
willbe processed_
following, or 7.:. :�;CZ' •
_:� 8 x 11 p� er sho�4ing location plot pl tf'n vie:' ma
~�O (2) sets of drawings; on i G7 _ • --.. - .. -:ross section of proposal, drawn to scale. •
\-Tnlication processing fee as follows : affront �• 1 water bodies.
77 5.00 for dredge, fill, decks CP. any str.:ctures ing __ ��l
13`1.00 for vertical seawalls on man-made bodies of water. -
�., 5.00 for any combination of the above activities per site
.
eactivities described ^rein.
' ;cation is hereby made for a permit to autboriz the i�_ti s __ I
with r im P contained in this anplica ion, and•, tf1 the best
._-.�v that I am familiar the ir. o� atic co a- r ,,. ,-, that
� true,
!'�,",^^min `� rv.. n'-,� .l-guy. ly+r certify
-n\ 1 g ° belief such information is �rL - accurate.'�o�d edge u - .. s ... laws ^
undertake the Droposed•ac activities. c.n7i`; o-, a
ossess the authority to ` _ - _ •:- „tc_��-�^ci:`ied ,c,-c-:n cr(no` . �.
yyn,c/+e - will? r I.iod wi.. ^ -
I:W'll..e5 governing this type of .:'or, ,ram y hec ,._ :,,- le nr`c...Y':c^�, tl,,, • --,.�,-,.s_ ,�:,c „r
„'-�nR nr a permit does not pros,�^e �o g --�county, state or federal law ?e� „ralJi " :oast .ctr. . or _ -.. y-. c,G t, _r' r^ . . _.
CY of .� ty. ,
facility..i ( __1 9/?7/R2
ronartrnef_` Use ( ;wv/ . ----- -
n o L
Ot
:� 32s/ dG •
�^
.
111111 2� f-ii.
tlx.._-`'- 1
NOTE : NkW.WORK CONSISTS OF 1:1 j`1,, " . t ' 3
BULKHEAD AT WA'LERWARD PILL ROW :: 5 ��' -1
z N. ` .'r
AND FILL-AFTER TH E FACT- PLUS ��`_ a
RIP RAP AT TOE -FUTURE ,oQ.�� • .
ef\�t pad t 4tv ;,'
Ilt... tl ,‘1
P
r°r . ,c, SITES
•
1
i
,o //_,,, ,,,L „,.......,,oc„R ,,iN
ToutR
MHW =
pROFILE
�l+G
VIL '. A SCALE (FT.)
/ / o i 1 3 ¢ S
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ex I5T 501To S' S 3 .i=�.
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PLANoi
SCALE (FT.) . _ -
:7_, t
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le
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Joi it /oo' 4
APPLICATION FOR
JOSEPH PICARIELLO
I2.27-8 2
.:IV 1:1ViY.LCIA'>C q l%:%LLGL J6...44 i•..........--... _ - -
C t u i� i `l activities. .A...i...i-_•^•\ -_ J.L'. . . _........,_.� r..4
»..s ss the authority to'-under �F� _ e �~rroscc:. ,s :� _.-.. 1.�-
.� ,. - i„ •_ _ _ ..- ...., .. ..n.. r..n r-0.C-n�; .n..n-n ^v �n�.
• I = ••
DEPARTMENT OF ENVIRONMENTAL REGULATION
PERMIT APPLICATION APPRAISAL
File No. : 440643225 County: Monroe Date : 2-3-83
Applicant Name: Joseph Picariello
Address : 11455 3 Avenue, Ocean, Marathon, Florida 33050
Agent (if applicable) :
Address :
Location of project: Section (s) 4 Township 66S Range 33E
Section (s) Township Range
Local Reference : Coco Plum Beach Causeway
Water Body: Bonefish Bay (Atlantic Ocean)
Water Classification of Project Area : III Adjacent Waters : III
Aquatic Preserve : None
Outstanding Florida Waters : None
On site inspection by: David Bishof
1-25-8 3
Date of Inspection: 1-31-83 Original Application: Yes_z No
Revised Application: Yes No Date : Date of 2nd Insp.
•
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 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)
•
'PICARIELLO., _PEI
#440643225
Monroe County - Coco .Plum Beach
Page Two
A. The applicant wishes to protect his commercial property from
erosion. The goal will be accomplished by building a seawall
along the waterward edge of an existing shoreline dock.
• The seawall will measure 59 ft . long. Boulder riprap will be
placed at ' the toe of the seawall on a 1 to 1 slope, coming up
to an elevation of one ft. below mean low water (MLW) .
Approximately 10 cu. yds. of riprap will . be used for this
purpose. An area of wetlands landward of the seawall will be
partially backfilled . Approximately 20 yd . of fill will be
required tc backfill the seawall (the applicant ' s estimate
of 200 yd. appears to be high) .
•
With the exception of the riprap the project is now complete.
The seawall was constructed by pouring concrete into forms
constructed around and in alignment with the concrete piles
on an existing dock. The area landward of the seawall was
only partially backfilled such that a 3 to 4 ft. wide gap
exists between the seawall and the approximate mean high
water (MHW) line. No description. of how the riprap will be
placed was supplied with the application, nor was any
description of how water quality will be maintained during
construction supplied. The availability of upland supply
routes -suggest that they will be utilized exclusively.
•
B. The project .site is located on the Coco Plum Beach Causeway,
which connects Coco Plum Beach to Fat DeeriKey. The causeway
crosses Bonefish Bay, a natural predominantly shallow body of
water, which is designated as Class III waters (Chapters
17-3 . 081 and 17-3 . 161 , Florida Administrative Code). . The
land is approximately .100 ft. deep on either side of the right
of way. Development in the area consists of a patchwork of
commercial and residential development, with commercial
fishing the most common. •
•
The applicant ' s property is located on the west side of the
causeway. Bordering the property to the north is a lot which
is used as an equipment (boats, trucks, etc . ) storage and
workyard . To the south is an undeveloped lot which has re-
cently been cleared , including most of a formerly lush stand
of wetland trees along the shoreline. The shoreline of most
of this side- of the causeway is vegetated by a 20+ ft . wide
fringe of lush mangrove trees.. Bonefish bay has been altered
by a series of dredge and fill projects over the years to the
point that it is difficult to determine what its natural
• condition was.
i
PICARIELLO, JOSEPH
#440643225
Monroe County - Coco Plum Beach
Page Three
On April 7 , 1981, permit number 44-39397-5E was issued to
Mr. James H. Fenhoff, Jr. On July 6, 1982 , the permit was
transferred from Mr. Fenhoff to Mr. Joseph Picariello. The
permit authorizes the construction of a 60+ ft. long by 15+
ft. access channel and a 10 ft. by 30 ft. shoreline dock.
The access channel was supposed to border on the dock for
24 ft. of its length with a preserved section of mangrove
wetlands bordering the southern end of the dock (copies of
biological report and permit attached) .
pn April 29, 1982, the applicant applied for a permit to
build a seawall along the project site shoreline. The
application was withdrawn on October 22, 1982. (Copies
of the application and biological report are attached) .
A 50 ft. by 9 ft. parallel to shore dock has been built at
the project site and the entire area waterward of it has been
dredged out. As indicated by the present application, a
seawall was also built. The Department is presently pursuing
this unauthorized activity and permit violations through
standard enforcement procedures .
C. The applicant ' s property consists of a 60 ,ft. wide by 100+ ft.
deep lot. A chain link fence encloses the lot. The area
within the fence is used as a commercial fishing work and
storage yard with lobster trap building equipment, storage
sheds, and traps, etc. kept there. Much of the area is un-
vegetated ground with a few Australian pines and pioneer
grasses being the primary vegetation. The entire area is
apparently filled bay bottom with the substrate consisting
of crushed rock at an elevation estimated to be 4 ft. MSL.
Running along the outside of the fence on the west side of
the project site is a 50 ft. by 9 ft. shoreline dock. The
dock is pile supported and built out of concrete. The dock
extends from the southern property line to 10 ft. south
of the 'northern property line. A small 4 ft.+ MSL deep
channel runs from the north end of the dock to the south.
The channel borders the entire length of the dock. At the
waterward edge of the dock is the concrete seawall for
which authorization is being sought here. Before construc-
tion of the seawall, the channel extended under the dock a
short distance. Since the seawall has not been backfilled
there is a large gap under the dock between it and the
edge of the fill .
•
PICARIELLO, JOSEPH
#440643225
Monroe County —Coco Plum Beach
Page Four
The floor of the channel consists of fine unvegetated
sediments. There is a moderate accumulation of sunken wrack
in the. channel. The most noticeable type of fauna in the
channel consists of the upside down jellyfish (Cassiopeia
xamachana) .
For a description of the site prior to the recent construc-
tion work, see the attached biological reports from files-
#44-39397-5E and #440553035.
D. Construction related activities have and will result in
elevated levels of dissolved organic compounds, turbidity
and particulate organic compounds in the waters at and near
the project site. Proper use of turbidity curtains should
be able to control these impacts within acceptable levels .
Once completed, the project will stabilize the shoreline area
and probably result in a long term reduction of turbidity and
related pollutants at the project site.
Construction of the seawall, dock and access channel has
resulted in the destruction of a 50 ft. by 10 ft. area of
shoreline wetlands. Twenty-six (26) ft. of the length of
this wetland area consists of areas which were specifically
designated as areas to be preserved as a. condition of permit
number 44-39397-5E. With the loss of the wetlands is also
the loss of there functions of habitat, pollution filtration,
primary production, secondary production and shoreline stabi-
lization.
The dredging of the access channel has resulted in the creation
of a stagnant pocket. The area of the channel tends to -
accumulate detritus which sinks to the channel bottom and
decays. It is expected that the accumulation of putrescent
material on the channel floor will prevent the area from ever
reestablishing a healthy biological assemblage.
PICARIELLO, JOSEPH
#440643225
Monroe County - Coco Plum Beach
Page Five
E. Under the provisions of Chapters 253. 123 , 403 . 087 , 403 . 141
and 403 . 161 , Florida Statutes and Chapters 17-3. 051 (1) (a,b,c) ,
17-3. 121 (7 ,14 , 28) , 17-4 . 03 , 17-4 . 10, and 17-4 . 28 , Florida
Administrative Code, I recommend this application be denied
Departmental permitting authorization. The project would
receive a favorable recommendation if it incorporated the
following modifications:
Remove the northern 20 ft. of the dock and seawall and
reestablish the preconstruction contours and grades in
this area, including the channel . Once the original
grade is recreated, the shoreline should be replanted
with suitable wetland plants . See the attached plans
for details of this modification.
•
DAVID ISHOF, E . SPEC .
DATE : Feb u ry , 1983
READ :
RICHARD J. HELBL
DEB/dvo
Enclosures