Resolution 229-1981!-
RESOLUTION 229 -1981
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, has received an application from John R. Edwards, Sr. ,
WFERFA.S, in compliance with State Statute, it is necessary
as part of the permitting procedure to read the following Biological
Assessment into the Record, as follows:
The applicant proposes to construct a riprap breakwater marina on
m suberged lands adjacent to his Key Largo property. The proposed
breakwater marina will consist of a 175 ft. waterward extension
situated 270+ from the property's northern boundary and a 400 ft.
lonn_ "L" structure extending southwest and approximately parallel to
the existing shoreline. A1_l proposed riprap construction will con-
sist of a 1.7 ft. wide base and an 8 ft. wide, concrete -capped, sur-
face with the waterward face approximating a 1:1 slope. Breakwater
marina circulatory flushing action will be provided by both a 75 ft.
Long bridge section (at landward extreme of waterward extension arm)
and the inclusion of four 4 x 10 ft., box culverts spaced approximate-
ly at 100 ft. intervals along said breakwater's parallel "L" struc-
ture. Boat mooring facilities will be provided by the construction
of (19) nineteen, 3 ft. wide by 25 ft. long, precast concrete finger
piers spaced at 20 ft. intervals along the landward of inner side of
said. br.eakwater's "L" structure. Breakwater walkway and .finger pier
surfaces will be elevated approxiamtely 3 ft. above the water sur-
face (MSL). The structure of the proposed circulatory bridge sec--
tion is unspecified. The entire structure will entail the deposi-
tion of 2,215 cu. yds. of boulder riprap materials upon 1.0, 730 sq.
ft. (.246A) of submerged Lands (including finger piers and bridge/
culvert areas) or 7,820 so. ft. (.1.80A.) of submerged lands (not inclu-
ding finger piers and open. bridge/culvert areas). The breakwater
r_arina is desired for mooring primarily small (1.6 to 18 ft.) fishing
s?ri.f_fs (guide boats) as a part of the recreational facilities to be
provided for a proposed upland resort hotel facility. The apnlica.nt
states that electric lights will be placed along the outer edge of
the breakwater cap at 50 ft. intervals. Boat fuelinq facilities will
be located upon the adjacent shore. No fuel facilities, toilets or
other structures will be erected upon said breakwater. In addition,
no boat sewage pump -out facilities will be provided, since no live-
aboards, will be allowed at said facility. The applicant further
states that turbidity curtains will be used during breakwater. con-
struction "to limit disturbance of the nearby marine environment."
The applicant's property is situated in southcentral. bayside Key
Largo, N[onroe County. It consists ofa roughly rectangular, 12.05
acre, tract of land bordered by a large, undeveloped property to the
north, Buttonwood Bay Condominium Village to the south (see Board
of Trustees Internal Improvement Trust Fund Permit No. 253.?3-335-
February, 1973), U.S. Highway No. 1 roadway (southbound) right -of'
_
way to the east and Florida Bay waters (Class IIT) to the west.
Florida Bay waters in this area are contiguous with the "outstanding
waters" of'_ the Everglades National Park (Secti.on. 17-3 041, F.A.C.) .
With the exception of 20+ percent which has been selectively cleared
in preparation for the 200 unit Sheraton hotel construction, the ma-
jority of the applicant's existing uplands property is in natural,
pristine condition. Predominant uplands vegetaion is Florida Keys
hardwood hammock including such flora a West Indies mahogany (Swietenia
mahogoni), Gumbo limbo (Bursera simaruba), Tamarind (Lysiloma
latisiliqua), ligum vitae (Guiacum sanctum), poisonwood (Matopium
toxiferum), and Florida thatch palm (Thrinas parvif_lora). Preder,inant
upland substrate is a shallow soil layer over Key Largo limestone'
bedrock.
-1-
The property's transitional area is typically narrow (50 ft. wide)
and bordered on the waterward side by a gradually sloping 5 to 40 ft.
wide (variable) coral rock littoral zone. Transitional vegetation
observed included variable number and sizes of predominantly black
mangrove (Avicennia germinans), buttonwood (Conocarpus erectus) and
isolated red manarove (Rhizophora mangle) and bay cedar (Suriana
maritima) amid a lush undergrowth of sea purslane (Sesuvium spp.) and
daisy (Borrichia spp.), seashore saltgrass (Disticlus spicata) and
beach carpet (Philoxerus vermicularis). Uca spp. crabs cerinths and
chitons were observed inhabiting the coral rock littoral areas.
The submergent project area was inspected on April 15, 1981 at a
period of mean water. Inshore submerged lands were typically diverse,
productive and in natural condition. Existing inshore vegetation con-
sisted of isolated small (less that 5 ft. diameter), Thalassia spp.
seagrass patches in certain "protected" areas, light isolated Halodule
spp. seagrass growths and lush growths of all algae species (espe-
cially Acetabularia and Batophora spp.) on available substrate.
Marine fauna observed included starfish sea anemones, hard corals.
(Siderastrea spp.) and several species each of sponges and unidenti-
fied juvenile fish.. Inshore substrate varied between open, firm
sandy/shell bottom small humus banks and exposed areas of coral rock
bedrock.
Offshore submergent areas (greater than 50+ ft. from existing MSL line)
typically contained less relative abundance of all of the flora and
fauna listed above. Open, sandy bottom areas predominate which are
interspersed with light to medium growths of poorly -established
(short blades) Thalassia spp. seagrass. Water depth in this area
(proposed breakwater site) varied between 4 and 6 ft deep (MSL.
Water quality was generally excellent with good circulation and clarity
characteristics. A series of "backwater" mangrove barrier islands
extens parallel to an approximately 1.5 miles from the existing Key
Largo shoreline in this area.
The primary direct adverse impact of the proposed project will be in
the destruction and loss of .246 acres of presently natural Florida
Bay bottom existing within the breakwater deposition area. Additional
direct impacts may be expected from the turbidity raised from said
breakwater construction activities, however, if turbidity screens are
properly employed during these procedures, it is expected that all
such impacts may be restructed to a minimum.
Longer term impacts may be expected from hydrocarbon discharge into
state waters associated with boat motor operation and maintenance
procedures.However, due both to the excellent water circulation ob-
served in this area and the proposed circulartory flushing design
characteristics of said breakwater marina, it is believed that any
such discharges will readily dissipate and not prove significant.
It is also worth noting that a similar breakwater marina structure
constructed by the applicant approximately 6 years ago (Rock Harbor
Club) also on the Florida Bay side of Key Largo (ie, one mile north
of property) is presently in excellent condition and functions well
in its intended capacity. In addition, the protection afforded by
the "breakwater" design has promoted the growth of substantial sea -
grass (Halodule spp.) vegetation where none previously existed.
-2-
BE IS RESOLVED BY THE BOARD OF COUNTY COY11ISSIONERS OF MONROE
COUNTY, FLORIDA, that the above Biological Assessment has been
read into the record and duly considered pursuant to Florida
Statute 253.124 by the Board of County Commissioners of Monroe
County, Florida, this 28 day of July F ]g 81
at a regularly scheduled meeting.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By
Mayor �..
(Seal)
Attes
j per.
Clerk
APPROVED AS TO FORM
AAV LE" SWIC/ENCY.
ap,
AtVrn W# Office
-- 3 -
MEMORANDUM
TO Honorable County Commissioners
FROM Henry F. kWeinkam, Director
Building, Planning & Zoning
DATE July 16, 1981
SUBJECT John R. Edwards, Sr.
Trustee for Resort Enterprises
County Permit
Whereas, the points of the :County Biologist reports are well
taken, and whereas the construction requested by the permit is
question was approved by the Monroe County Zoning Board via the
Major Development process, and whereas, on appeal the Zoning
Board's decisions were upheld by the Monroe County Board of
Commissioners - the writer has no choice by to recommend the
approval, (of the permit as requested, and accordingly, does so).
FORM IX
840ARD OF,COUNTY COMMISSIONERS
Wilhelmirla Harvey, District 1
Curt Blair, District 2
Mayor Notem Jerry Hernandez, Jr., District 3
MAYOR G E D I I D• • 4
OFFICE OF:
Henry F. Weinkam, Director
Building, Planning & Zoninc
eorge . o eza , ISU ct ±�;.. P.O. BOX Room 216 Wing II
Ken Sorensen, District 5;•.
Public Service Building
r„ Stock Island, Fla.
OUNTY o MONROE 33040
Y KEY WEST, FLORIDA 33040
(305) 294-4641 "~
Monroe County Legal Department
Key West, Florida 33040
I, the undersigned, do hereby attest that all date
and information is complete in the package of the applicant
as follows:
1. Certificate of Complete Enclosures
2. Permit V�
3. Application for Permit
4. Site Plan
5. Location Map
6. County Biologist Report
7. DER Assessment (/
8. Resolution
DATE. 7
v tea.
MONROE " a PLANNING, BUILDING & ZONING DEPARTMENT PERMIT
PEI'u1IT FOR EYCAVATIOP7, THE DEPOSIT OF NO.
COUNTY 1L I
/ FILL, OR STRUCTURAL ACTIVITIES IN THE
WATERS OR WETLANDS OF MONROE COUNTY
1)
Property owners name & mailing address
2) Date
FOR DEPARTMENT USE ONLY
John R. Edwards, Sr. Trustee for
4-22-81
.Resort Enterprises
Resolution No.
P.O. Box 420
3) Phone number
Tavernier, Fla. 33070
(305)
Date:
852-9529
4)
Contractor or agent's name, mailing address & phone number
N/A
Licensed contractor will be selected when necessary permits are in hand.
5)
Legal description of property:
Section 6&7 1.2 Key Key Largo Subdivision
Township 62 S & 62S Lot Block
I
Range 39E 38E Street, road or mile marker MM 97 on Overseas Highway
Volume of material: dredged/excavated filled deposited
0 c.Y. 0 c.y. 2215 c.y. 0 c.y.
waterward landward waterward landward
of M.H.W. of II.H.W. of M.H.W. of M.H.W.
ZONING: RU- 7
PURPOSE:
Cost of Permit Estimated cost of Construction
Approved by
Chairman
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Biologist Comments - Restrictions or Special Conditions if any:
1. Reduce the size of the marina to half the size proposed (20 boats). If no
adverse environmental impacts result and the County has developed a planning
policy for Florida Bay, a request to increase the size of the marina can be
made if a need for expansion can be demonstrated.
2. Disapprove the use of charter boats in the marina.
3. Disapprove the sale of fuel, pending a favorable environmental impact study
on the affects of the pollution source on the shoreline, Bay bottom and
mearby areas.
Cony in File Date
Buil(irg 0_ icial
`� . , �� ', t ' i r ,`i i 1 I, 1' 1 ' � t , 1r I I � : �) 1 : �' r', I � '. :. • . .. � t 'i' . , •
t�nbnlc�oc �rt.2' 4,)1 rA Tin.
Cc7�:tV'r r•• Ac'r itrl rl:—( �'1tl 1'j "' c' Il^t 1;1?"1'' :1:lI' lt.
1'uun . au•..
t)a t c •J •
John •R.aSr.,
Edwards, Trustee for 4/22/81 85?-9
Resort Enterprises
P O Box 420, Tavernier, Florida 33070
,t t ,r or a; erit's name, nailing address, pBone �& certification nuraf er
N/A
Licensed contractor will be selected when necessary permits are in hand.
d •;cri.ntLon of property:
6&7 1? Key, KA_ i� T Stil)dlvi:;ion ,---7-
- -
bl�
62S & 62S
39E 38E
(ln t. o,
(lf acreage)
1.ot,
ltl.0ck,
�trcet, roa(I or mils riarl:er, MM 97 011 _
Overseas H-iqh • , �y
RU_7
ri!: 1:110 11roposed activity, M0t:110(1S of cotlstrLrtLoti S amount of nin t o r 1 cl
to be excavatcc! or (IiSch:irre(1 lescribe purpose & intern
ll•;� ,� „I. (, iect. Place large coral rock boulders obtained from rock pits
form rip rap breakwater with poured concrete walkway for mooring non -live -
aboard boats incident to operation of 200 room destination resort. No fuel
pumps, toilet facilities or structures to be erected on breakwater,
d red ne(I / excava te(I
filled/dcpositu -l
volcano of rlterin.l —0— c.". —0- c.v. 22115 V. _0—
la _ (' r ( a c I hrtr fiTT r (1
o '!.}1.�'. of 't-ll.r,-.-'..._
))' y^;r•, 'lr!i1"n ; aners chose property
!in cc(Ie of ad )o Lnin., prolerty o`of fr.,
• I
F1. 33037
Buttonwood Bay Condominium Assoc., Ire., RR #?_, Key Largo,
A. Marie-Scherr, 6789 S W 122nd Drive, Miami, F1. 33156`
permits i9siled and/or applied fur, include applicant s natac
t '! i •; sit:( -!Monroe County RU-7 Zoning ' approved 10/26/79
Monroe County Major Development Apprnval certified 11/2_7/79'inc1. pier
Both issued to John R. Edwards, Sr., Trustee, a/k/a as Edwards Project",
c� F r perm' ts_ a . pi i_ed for, see answer to #9 below.
as 'She ,aton upyV Lar q Q 1 p
X tc�.ttiotl' Ilas llec"n _;cttlmttce,f for this project (or one Stlnilar) i
•i ', ••. ;:, (�:<��lai:l reason for new anplication and give applicant's name i(
from current applicant.
N/A
'ft 111 Icrteral and `gate asecicies that have received ap iLcations 1.01.
1 ct U S Corps of Engineers, Fl. Dept of Environmental Reg., Bureai.i
State Lands of F1 Dept of Natural Resources, Bureau of Beaches & Shores of
--1-1---D-ept-
completed ipplic.ation form will be accomp:cnied by the following, or it will
NOT Ile nrocessed.
T.-jo ( i ;cts of dr:lwings, on 8� x 11 p:,per, showing location, plot plan, top view
and cro—, section of proposal, drawn to scale.
h) Apnlic•`rion processing fee is follows:
$2't.M) for dredge, fill, docks OR •iny structures :affronting n;itur:ll water bodies.
$ 10.00 for Vert ic•il seawalls on m:cn=made bodies of w:iter.
M for my combination of the above-ctiviries ner site. ---
:tnnlic tic, i� her(by made for a permit ro luthorir.e the acCivitity described herein.
t:, rt ;fv t!l:tt I am familiar with the informarion cor`t:lined in this :cppli.c•lti(�n, and
rt, ;b•r u, ,t of my knowledge & belief such infor,n-ctiuo Ls true, c"11111letr 6 �ccuratr.
tile :tiur cr•rriEy rhtr I possess :lu11'Ilory itto undertake t po
tile prosed
(u,activities.
ik"i
:1i1 ;+r:vi :inn; of laws and ordin:Inces };overning this typ(r of �.:'rk (,ill be complgiV Girl,
};r:inrin� of a norm" d ( s Tint prosullic to giv,i
Nht t;l, r <nec: if ied herein or not. The tale or* federal la
to violate or c:incel the provisions of any cqunty5
i ¢.tll�rin}; construction or performance of. construct\��;of. tlz' ((ype of facility.
(r 0 a n p t. -1,: • l I-
�'
r('('t'. 1 1)t -7 Approved I,; r1ti5' t �t l I ,•,':..._
Lic:ltLoll
i s o s t Of' p e r rn i t 1: `; t 1 rl ;l t t' ( C u :S t.
. h
MONROE COUNTY
+FLORIDA
RESOLUTION
WHEREAS, THE ZONING BOARD OF MONROE COUNTY, FLORIDA,
HELD A PUBLIC HEARING ON October 26, 1979 DULY
CALLED IN ACCORDANCE WITH THE PROVISIONS OF THE MAJOR DEVELOP-
MENT ORDINANCE OF MONROE COUNTY, TO CONSIDER THE REQUEST OF
John R. Edwards, Sr. , Trustee ON PROPERTY DESCR I BED AS:
A Parcel of land located in Section `6 & 7, Township 62 South, Range 39 East,
and also located in Section 12, Township 62 South, Range 38 East. Key Largo.
FOR A FINAL MAJOR DEVELOPMENT APPROVAL.
AND, WHEREAS, AFTER HEARING TESTIMONY PERTAINING TO
-THE MAJOR DEVELOPMENT PROJECT ON THE ABOVE DESCRIBED PROPERTY,
HAVE CONCLUDED THAT SAID REQUEST BE APPROVED
.FOR THE FOLLOWING REASONS:
Under Section 9 of the Major Development Ordinance #21-1975 the Final Development
Plan as submitted is substantially the same as the Preliminary Development Plan
and the special conditions imposed by the Zoning Board have been met.
NOW, THEREFORE, BE IT RESOLVED THAT THE ZONING BOARD
OF MONROE COUNTY, FLORIDA, BY THE P0WER VESTED IN THEM BY THE
MAJOR DEVELOPMENT ORDINANCE OF MONROE COUNTY, ORDINANCE NUMBER
21-1975 , DO DECLARE THAT THE REQUEST FILED BY
John R. Edwards Sr. Trustee AND DESCRIBED ABOVE, BE_________
APPROVED.
DATE October
KER! I T SECRETARY
ZONING BOARD
MONROE COUNTY, FLORIDA
RI;SOLUTI�N NO. 46 - 1980
RESOLUTION AFFIRIMING ZONING BOARD ON APPEAL
OF PROPERTY OWNERS IN THE KEY LARGO AREA
AGAINST THE NL4JOR DEVELOPINIENT PROJECT OF
JOHN R. EDIiARDS, SR.
WHEREAS, on February 22, 1979, March 28, 1979 and October 26,
1979, the Monroe County Zoning Board approved the Major Develop-
s ment Project of John R. Edwards, Sr., Trustee for the construction
and rezoning of a motel on,Key'Largo, Monroe County,- Florida, and
WHEREAS, the property owners in the Key Largo area having duly
appealed said decision to the Board of County Commissioners, and
WHEREAS, the Board ,of County Commissioners who, sitting as the
Board of Appeals, having heard discussion and presentation by
both sides at which time the public was allowed to participate,
and after review of the transcripts of the Zoning Board hearings
held on February 22, 1979, March 28, 1979 and October 26, 1979,
voted on February 12, 1980 to affirm the decision of the Zoning
Board at these hearings, now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COM1v1ISSIONERS OF
MONROE COUNTY, FLORIDA that the decision of the Monroe County
Zoning Board be and the same is hereby affirmed.
RESOLVED'in regular meeting at Plantation Key, Monroe County,
Florida -this 12th day of February, A.D. 1980.
Attest
� ler
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY.
Chairman
C;7I:'Y ",at t �:s do,.:..,.:'.' ;s
C. PaYNE
Asst. CL::r.ty i t;uf aly
PL oR /DA JsA y
T, 62 5 J PROTEc7' S/TE
/'wngATLs9NTlc OCEAn
lv , \
COA/CR T6 P/LE
POURED ay ROC A
AJP-,AP
�R�C,4sr 2'xa s' c�4T1NAL K s�'/ ry
3 WOOD FCivoERS
/ 7 / -
s c,y [ E r t "l _ 2 o co' /l dE. D.EPT// 6' 7- p s1 jp?oM wIA D Acr/oN
sv�rrFY BY TEnr OROECH AS-50C. //,Y/eo TrRICAIL CROSS SECTION
T" : 4,19l1N0/NG5 5fiSED av C rG.S. PA -rum SCALE! 0 /a.,
M.H.W. 1S
t//Csi/ES r W, L . o asEkVE D /s 0,
Loco,65r W.L,
'``T!`�' t.���•L : :; ' � � ; p,:�(tl.�L.i. %GLCC j y''"'�L L:�.n,.7�e".,
BAYui L N
���tl'.-L�GG' ✓
-6.0� BOX Cr/CVEfZ7S �T ®OTTOM
G�oS5 SECT/DN
NI.F'Ajv H/6N wArFR LINE N tr t t
OPEN BRID(��, I`
ZO/VfFD RU-7 (HOTEL)
TUI� DEVt,cJPME/v) "' APPROVFD BY COUNTY /NCCUDES. P/6R �
PURPosF :
P/.LrR AND SLIPS FOR
sA/L.I FoWFR do,4i DOLKrl&t
UY1A1& 1ABOAHD fOR4:5)P EN
AD7ACENT PRUPE-Rry
A. AlARJE SCHERR
&U7T0MW490D k"Y ComPoA viuM ASSOC., --AC.
�I
SUBM/ TTED 0K;
RESAR7- ENrk-RpRISES
P. O. BOX y.70
T V/FRIVACR, FL . .33070
PR.E'RED ,•
TD /�.. 'AR a s' SR T� rE E .
M A CH 7, / 961 Sh/FET / 4`�
I
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1- /GH;rS ON ovrFR ED&E' of PIER A 7' -rO 1,Vr.FRVU.9
)'UF,L TANK AIVD Fvjmp OA( LA')VD FOR GU/®E' BOA7S OA5FD Ar P/ER
f/SH C t c1 i1VIA1G R F51Dvi R41�10vED To RFS7, VRAAlT 6ARSAGE F1ga.LI rr
II
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ti
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li
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re taJner
io "X /o" cbr7crefe pile
BOA' CU.L WW T
F4AN 1;1 kXEVAT/ON
SSA I. F! 1 "- "+ "
eJc.
�oP GU�d
A
ve-- ®"f6:�k, 8' w 'ae deck roamed iir /0/ace
lOiQIf �I
sand �70ttol" c7V7 corms/ crack
�o%�io',4 e" pr�casf conch slab
'TOPS FORM 3397 LITHO
10 � S` ' '�tl � isN
SUBJECT Edwards
Sr., J.R.; Br.eakwateIr dock
DATE July 14. 1981
To Henr.v Weinkam Director. DEFT Planning, Building & Zoning
FROM Robert Dennis, Envir.on. Biol. aDEP-T Planning. Building & Zoning
LEGAL
TWSP 62S, RGE 39E, SECT 6 and 7,
TWSP 62S, RGE 33E, SECT 12, Key Largo.
Zonin4 is RU-7.
INTRODUCTION:
This application is to be reviewed by the Board of. County
Commissioners in accordance with Chapter 19-111(a)(2) of the
Monroe County Code.
DISCUSSION;
Applicant is requesting a permit to construct an "L" shaped
breakwater marina in Florida Bay. The project is part of an
approved major development known as time "Edwards*' Project" and
as "Sheraton Hotel, Trey Largo."
The marina will extend offshore 175' and have a 400' section
running parallel to the shoreline. Rip -rap boulders (2215 c.y.)
will be used in the construction of the breakwater except for the
first 75' from the shoreline, whic'i will be a bridge connecting
the breakwater to the land. Three box culverts, each 10' long*
x 10' wide x 4' high,:ill be constructed within the 400' extension
and a fourth will be Positioned near the 90' angle on the 175'
side. .
In addition, nineteen (19), 2' ,Tide x 25' long "catwalk" piers
will be constructed along the 400' section to provide mooring
spaces for 40 boats (2 per slip) as explained by tir. Edwards in
a telep:lone conversation (Note: The Army Corps and DTP. public
notice states that only 20 boat: will be. using the facility.
If Eric Loken of the :larat'ion DER office is sendin^ a memo
verifyln�', tIi a t iml.i pis -,r_ss.S111s2-It 1.7aq I-I.-!rlr. 11n(12r t'ic a s s I i mptina o�
a oat ^marina). 'fr. Erlwarrls Z,.mS alSO State+i Mat -uide 'ooat.S,
c'marter boats and nrivatA ,)O,ats o�;,Tiled by individuals utilizing
the faciliti+2s of the hotel �aill be docked at the marina.
In addition, a land '1:msed fuel pump is su^,ryested.
An onsitr� in ;nett ion was cone..ucted on 'lay 11, 1951. The
Bay bottom is cnmposed of a thin layer of coral sand overlaying
DATE Juli, 14S 1931
Pdwards, Sr. , J.R. ; BreakNaater dock.
SUBJECT
Tc
Henri, '--leintcan, Director
FROM Robert Dennis, Environ. Biol.
i
Page two
DEPOT Planning, Building & Zoning
DEP.T Planning*, Building & Zoning
rock. Sea-r.asses and green algae (Batophora) densely vegetate
the area.located at the base of the exposed shoreline coral rock.
Offshore,, the Bay bottom is sparsely vegetated with Thalassia and
Halidule seagrasses. Fauna seen include star coral, sea anemones,
starfish and a crab.
The Iionroe County Coastal Zone Protection and Conservation
Element of the Comprehensive Plan (1979) describes Florida Bay
as "the major water area associated with the Florida Keys. As
such, it is a primary factor in the total Keys envirionnent."
"Because of its dynamic character and shallow water_ depths,
Florida Bay is extremely fragile. It is particularly sensitive
to dredge and fill activities and related sediment production,
disposal of toxic wastes,and modification of. the :cater regime
in the rlorid.a Everglades" (pp c-5 and c-G). The Conservation
element also acknowledges the importance of the Bay as a nursery
ground for many fish and invertebrates including the commercially
important pink shrimp and fin fish.
As recently as July 12, 1981, iris. Juanita Greene of the
Miami Herald reported on the fragile Florida Bay in her article
about the Great White Heron. A few quotations from her article
follo•c:
"On and on stretch the questions as its [tile Great
White Heron] principle habitat, Florida Bay suffers
increasing stress."
"'The bay is being choked to death,' said Powell"
(George Po*.aell is a scientist with the National
Audubon Societv).
The bay also ,;ats too m,ic'.•1 sel•Jacle from the fast
developing Keys" (A comrient attributed to Alexander
Sprunt IV, Director of lesearch, National Audubon
Societ;.7
'"The more you learn about a place, the better you
can fix 9-t.' said Sprunt. "Nobody has ever done a
good systematic study of any of. the Areas in east
Florida Bay. The banks and mangroves and keys have
never been looked at in any depth." (Sprunt).
• TOPS 3397 LITHO= I'
DEPARTMENTAL CORRESPONDENCE,
SUBJECT Edwards , Sr.
J..r,.: Brealcwate
DATE Ju1V 14 SI
To Henry Weinkam, Director. DEP'T Planning, Building & Rnninv
FROM Robert Dennis. Envrion. Biol, DEP'T Planning, Building Zoning
Page three
Similar concerns were raised when the Bahia Bay Club
condominium (also located on Florida Bav) wanted to construct
a_72 boat pier., which was eventually reduced to accomodate 17
boats.
EVALUATION:
The present project will place additional stresses on
Florida Bay. These will be in the form of toxic chemicals
coming from gas and oil and affects from the increased boating
activities. While it may be said that this one marina would
not cause any severe degradation to the Ray, it is the lack of
planniiic and the cumulative impacts from future marinas that is
at issue here. Studies are needed to evaluate areas with respect
to the number, location., configuration, and size of marinas,
boat traffic, toxic chemical -inputs, water circulation and
tidal floe: as they relate to Florida Bay -so that its use can
be planned in an environmentally sound way. Until such studies
are done, the County Mi;ST take a conservative position regarding
marinas in this Bay.
RECOi%itENDATIO'IS :
1. Reduce the size of the raarina to half the size
proposed (20 boats). If no adverse environmental
impacts result and the County has developed a plannzn^
policy for Florida Pay, a request to increase the size
of the marina can be made if a need For expansion can
be demonstrated.
2. Disapprove the use of charter boats in the
marina.
3. Disapprove the sale of fuel, pending a favorable
environmental inoact Study on the affects of the
nolltition source on thr, shoreline, Bay bottom and
nearby areas.
-,'�)/jf
For Routing To District Offices j
,i And/Or To Other Than The Addressee
State'of Florida To: Loctn.:
DEPARTMENT OF ENVIRONMENTAL REGULATION ITo: Loctn.: --I
To: Loctn.: ---�
INTEROFFICE MEMORANDUM From: Date:
Reply Optional I I Reply Roquirod I I Info. Only I II
Data Due: Date Duo: ---------
TO: File
FROM: Eric Loken FRS.
DATE: July 13, 1981
SUliJECT: Edwards Riprap Breakwater Marina; File No. 44-41564-5E;
Monroe County.
I am herein stating that my biological assessment of April 15, 1981
concerning this project was based upon a total marina boat operational
capacity of twenty (20) vessels. While I do not believe an increase in
the proposed number of marina vessel berths would significantly alter
the environmental aspects of this project (as stipulated in the above -
cited appraisal), I do question the necessity of such a relatively
large number of vessels for the proposed adjacent resort hotel facility.
ERL/dvo
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i PUBLIC NOTICE
UNITED STATES OF AMERICA
DEPARTMENT OF THE ARMY
Jacksonville District, Corps of Engineers
P. 0. Box 4970
Jacksonville, Florida 32232
Telephone: (904) 791-2826 p
Permit Application No. 81J-0598,20� 0
Authority: Section 10 of the'River
and Harbor Act of 1899
and Section 404 of the
Clean Water Act of 1977
Comment Period Ends: im 12 1981
Project Manager: Cindy Shalley,,j�q
-_ter
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
South -Florida Branch Office
3201 Golf Course Boulevard
Punta Gorda, Florida 33950
Telephone: (813) 639-4967
Permit.App.lication No. 44-41564-5E
Authority: Chapter 253 and/or
403 of the Florida
Statutes
I Comment Period Ends: JUG 1981
DER Contact.: Richard Cantrell
TO WHOM IT MAY CONCERN: An application for a"Permit has been received by the
above agencies and is being processed jointly in accordance with the applicable
Federal and State regulations.
APPLICANT: John R. Edwards, Sr., Trustee, for
Resort Enterprises
P.O. Box 420
Tavernier, Florida 33070
WATERWAY & LOCATION: Florida Bay, northwest side of U.S. 1 at mile marker 97,
ec ions 6 an ownship 62 South, Range 39 East, and Section 12, Township 62
South, Range 38 East, Key Largo, Florida,
WORK & PURPOSE: The applicant proposes to construct a 75-foot by 8-foot pier
CUMTe 'try o a proposed L-shaped breakwater. The riprap breakwater will extend
100 feet perpendicular to the shoreline, then 400 feet parallel to the
shoreline. The breakwater will provide mooring facilities for 20 boats serving
guests at the Sheraton, Key Largo. No fueling or pump -out facilities are
proposed.
SAJ FL 642
10 June 80
IMPACT ON NATURAL RESOURCES: Preliminary reviewof this application indicates
that an Environmental Impact Statement w4111 not be required and that the pro-
posed activity will not affect listed endangered or threatened species or their
critical habitat. Coordination with U.S. Fish and Wildlife Service, Environ-
mental Protection Agency, National Marine Fisheries Service, and other Federal,
State, and local agencies and environmental groups generally yield pertinent
environmental information that is instrumental in determining the impact the
proposed action will have on the natural resources of the area.
IMPACT ON CULTURAL RESOURCES: Review of the latest published version of the
National Register of Historic Places indicates that no registered properties, or
properties listed as eligible for inclusion therein, are located at the site of
the proposed work. Presently unknown archeological, scientific, prehistorical,
or historical data may be lost or destroyed by the work to be accomplished.
EVALUATION: Independent evaluations will be performed by the U.S. Army Corps of
Engineers and the State of Florida, Department of Environmental Regulation, in
accordance with applicable Federal and State regulations and considerations.
a.. Federal Considerations: The decision whether to issue a permit will be-
based on an evaluation of the probable impact the proposed activity w3uld have
on the public interest. That decision will reflect the national concern for
both protecting and utilizing important resources. The benefits ehilch reason-
ably may be expected to accrue From the proposal must be balanced against its
reasonably foreseeable detriments. All -Factors which may be relevant to the
proposal will be considered; among those are conservation, economics, esthetics,
general environmental concerns, historic values, fish and wildlife values, flood
damage prevention, land use classification, navigation, recreation, water
supply, water quality, energy needs, safety, food production, and in general,
the needs and welfare.. of the people. If the proposed activity involves the
discharge of dredged or fill material, evaluation of the impact of the activity
on the public interest will also include application of the guidelines pro-
mulgated by the Administrator, EPA, under authority of Section 404(b) of the
Federal Water Pollution Control Act. A permit will not be granted unless its
issuance is found to be in the public interest.
b. State considerations: The decision whether to issue a Department of
Environmental Regulation permit will be based on an evaluation of the impact of
the proposed activity on the aquatic or marine natural resources and water
quality of the receiving or adjacent waters of the State. The applicant is
required to provide reasonable assurance that the proposed activity will not
degrade the quality of the contiguous or receiving waterbody. if the impact of
the proposed activity can be expected to affect the aquatic or marine biological
resources to such an extent as to be contrary to the public interest, result in
harmful shoaling or erosion of adjacent property, result in harmful obstruction
to or alteration of the natural flow below MHW in navigable bodies of water, or
result in violations of State water quality standards in any waters of the
State, then a permit may not be granted.
2
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•
1 ,
Comments regarding the National considerations should be submitted in writing to
the District Engineer, Corps of Engineers, and those concerning State con-
siderations to the State of Florida, Department of Environmental Regulation, on
or before the date of comment period to the appropriate address as noted above.
You are requested to communicate the information contained in this notice to any
other parties whom you deem likely to have an interest in this matter.
If you have any questions or desire additional information concerning this
application, you may call the Corps of Engineers' project manager for this
application or the Florida Department'of Environmental Regulation contact at the
above telephone numbers.
REQUEST FOR PUBLIC HEARING: If the proposed activity involves the discharge of
dredged or filled material, any person may request a public hearing. The
request must be submitted in writing to the District Engineer or to the State of
Florida, Department of Environmental Regulation, within 30 days of the -date of
this notice and must state specific reasons for requesting the public hearing.
On other projects, any request for a public hearing will be evaluated as to
whether additional public input is required in order to make a final decision.
FOR THE DISTRICT ENGINEER:
e
GAIL G. GREN
Chief, Operations'Division
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EDWARDS, JOHN R., SR., TRUSTEE
RESORT ENTERPRISES
#44-41564-5E J
Monroe County - Key.Largo
Page Two
A. The applicant proposes to construct a riprap breakwater marina
on submerged lands adjacent to his Key Largo property. The
proposed breakwater marina will consist of a 175 ft. waterward
extension situated 270+ ft. from the property's northern boundary
and a 400 ft. long "L" structure extending southwest and approxi-
mately parallel to the existing shoreline. All proposed riprap
construction will consist of a 17 ft. wide base and an 3 ft. wide,
concrete -capped, surface with the waterward face approximating a
1:1 slope. Breakwater marina circulatory flushing action will
be provided by both a 75 ft. long bridge section (at landward
extreme of waterward extension arm) and the inclusion of four,
4 x 10 ft., box culverts spaced approximately at 100 ft. inter-
vals along said breakwater's parallel "L" structure. Boat mooring
facilities will be provided by the construction of (19) nineteen,
2 ft. wide by 25 ft. long, precast concrete finger piers spaced
at 20 ft. intervals along the landward or inner side of said
breakwater's "L" structure. Breakwater walkway and finger pier
surfaces will be elevated approximately 3 ft. above the water
surface (MSL). The structure of the proposed circulatory bridge
section is unspecified. The entire structure will entail the
deposition of 2,215 cu. yds. of boulder riprap materials upon
10,730 sq. ft. (.246A) of submerged lands (including finger piers
and bridge/culvert areas) or 7,820 sq. ft. (.180A) of submerged
lands (not including finger piers and open, bridge/culvert-areas).
The breakwater marina is desired for mooring primarily small
(16 to 18 ft.) fishing skiffs (guide boats) as a hart of the re-
creational facilities to be provided for a proposed upland resort
hotel facility. The applicant states that electric lights will
be placed along the outer edge of the breakwater cap at 50 ft.
intervals. Boat fueling facilities will be located upon the
adjacent shore. No fuel facilities, toilets or other structures
will be erected upon said breakwater. In addition,nio boat sewage
pump -out facilities will be provided, since no liveaboards will be
allowed at said facility. The applicant further states that
turbidity curtains will be used during breakwater construction
"to limit disturbance of the nearby marine environment."
B. The applicant's property is situated in southcentral, bayside Key
Largo, Monroe County. It consists of a roughly rectangular, 12.05
acre, tract of land bordered by a large, undeveloped property to
the north, Buttonwood Bay;Condominium Village to the south (see
Board of Trustees Internal Improvement Trust Fund Permit No.
253.03-335; February, 1973), U.S. Highway No. 1 roadway (southbound)
right-of-way to the east and Florida Bay waters (Class III) to the
west. Florida Bay waters in this area are contiguous with the
"outstanding waters" of the Everglades National Park (Section 17-3.
041; F.A.C.).
EDWARDS, JOHN R., SR., TRUSTEE;
RESORT ENTERPRISES
#44-41564-5E
Monroe County - Key Largo
Page Three
With the exception of the 20+ percent which has been selectively
cleared in preparation for tFie 200 unit Sheraton hotel construc-
tion, the majority of the applicant's existing uplands property
is in natural, pristine condition. Predominant uplands vegeta-
tion is Florida Keys hardwood hammock including such flora as
West Indies mahogany (Swietenia mahog oni), Gumbo limbo (Bursera
simaruba) , Tamarind (�R_
pina-_.atisiliqua) , ligum vitae Guiacum
sanctum), poisonwood tol�ium toxif�erum and Florida thatch palm
(Thrinax parviflora). Predominant upland substrate is a shallow
soil layer over Key Largo limestone bedrock.
The property's transitional area is typically _farrow (50 .ft. wide)
and bordered on the waterward side by a gradually sloping 5 to
40 ft. wide (variable) coral rock littoral zone. Transitional
vegetation observed included variable number and sizes of predom-
inantly black mangrove (Avicennia erminans), buttonwood (Conocarpus
ere ctus) and isolated rediangrove Rhizo hora mangle) and hay
c`uar (Suriana maritima) amid a lush undergrowth of sea purslane
(Sesuvium spp.) and daisy (Borrich;_a spp.), seashore saltgrass
(Disticlus s icata) and beach carpet (Philoxerus vermicularis).
Uca spp. cra s, cerinths and chitons were observe inhabiting the
coral rock littoral areas.
C. The submergent project area was inspected on April 15, 1951 at a
period of mean water. Inshore submerged lands were typically
diverse, productive and in natural condition. Existing inshore
vegetation consisted of isolated small (less than 5 ft. diameter),
.Thalassic spp. seagrass patches in certain "protected" areas, light
T—solTited Halodule spp. seagrass growths and lush growths of all
algal species Tespeci.ally Acetabularia and Batoo_hora spp.) on
available substrate. Marine fauna observed included starfish, sea
anemones, hard corals (Si.derastrea spp.) and several species each
of s)onges and unidenti iced —juvenile fish. Inshore substrate
varied between open, firm sandy/shell bottom, small humus banks
and exposed areas of coral rock bedrock.
Offshore submergent areas (greater than 50+ ft. from existing MSL
line) typically contained less relative abundance of all of the
flora and fauna listed above. Open, sandy bottom areas predominate
which are interspersed with. light to medium growths of poorly -
established (short blades) Thalassic_ spp. seagrass. Water depth in
this area (proposed breakwater site varied between 4 and 6 ft.
deep (MSL). Water quality was generally excellent with good circu-
lation and clarity characteristics. A series of "backwater"
mangrove barrier islands extends parallel to and approximately 1.5
miles from the existing Key Largo shoreline in this area.
.t
EDWARDS, JOHN R., SR., TRUSTEE
RESORT ENTERPRISES
#44-41564-5E
Monroe Councy - Ney Largo
Page Four
D. The primary direct adverse impact of the proposed project will
be in the destruction and loss of .246 acres of presently natural
Florida Bay bottom existing .Athin the breakwater deposition area.
Additional direct impacts may be expected from the turbidity
raised from said breakwater construction activities; however, if
turbidity screens are properly employed during these procedures,
it is expected that all such impacts may be restructed to a
minimum.
Longer term impacts may be expected from hydrocarbon discharges
into state waters associated with boat motor operation and mainte-
nance procedures. However, due both to the excellent water circu-
lation observed in this area and the proposed circulatory flushing
design characteristics of said breakwater marina, it is believed
that any such discharges will readily dissipate and not prove
significant.
It is also worth noting that a similar breakwater marina structure
constructed by the applicant approximately 6 years ago (Rock Harbor. Club) also on the Florida Bay side of Key Largo (ie, one mile
north of property) is presently in excellent condition and functions
well ill its intended capacity. In addition, the protection affor-
ded by the "breakwater" design has promoted the growth of substan-
tial seagrass (llalodule spp.) vegetation where none previously
existed.