Item O3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 18, 2009 Division: Growth Management
Bulk Item: Yes _ No X Department:Planning & Environmental Resources
Staff Contact: Andrew O. Trivette
AGENDA ITEM WORDING: A public hearing to consider rescission of Land Development
Regulation Ordinance 020-2008 which amended Sec. 9.5-258 of the Monroe County Land
Development Regulations to allow the provision of Central Wastewater service and support utilities to
developed properties located within the Coastal Barrier Resources System.
ITEM BACKGROUND: On July 22, 2008, the Development Review Committee reviewed the
proposed text amendment and recommended approval. The Planning Commission met on July 23,
2008 and heard the proposed amendment at a public hearing. The Planning Commission duly
considered public comments and staff report, and passed a resolution (P29-08) to the BOCC
recommending adoption. This ordinance was adopted at the September 17`h, 2008 Board meeting. The
Department of Community Affairs published its Final Order No. DCA 08-OR-352 on December 12`h,
2008 rejecting Ordinance 020-2008 stating it was inconsistent with the Principles for Guiding
Development of the Florida Keys Area of Critical State Concern and that a Comprehensive Plan
amendment was necessary before a Land Development Regulation adoption. This rejection was
appealed by No Name Key resident Robert Reynolds and then is forwarded to the Division of
Administrative Hearings. The County will be a party to the appeal in defense of the enacted LDR. The
recession of the ordinance will render the appeal moot.
PREVIOUS RELEVANT BOCC ACTION: September 17, 2008 — BOCC Approval of Ordinance
020-2008.
January 26, 2009 — Continuance of Comprehensive Plan Amendment transmittal to DCA until the 2°a
transmission of 2009 concerning provision of central sewer to CBRS units.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: N/A
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
From: Susan Grimsley, Assistant County Attorney
Date: February 11, 2009
RE: Repeal of Ordinance 020-2008 Report of Planning Commission Action
Ordinance 020-2008 was adopted by the Board of County Commissioners on September
17th, 2008. It allowed central sewer and associated utilities on units of the Coastal Barrier
Resources System within Monroe County.
The Planning Commission met today and unanimously recommended that the Board of
County Commissioners NOT REPEAL Ordinance 020-2008.
ORDINANCE -2009
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS REPEALING AND RESCINDING
ORDINANCE No. 20-2008 CONCERNING THE PROVISION OF
CENTRAL SANITARY SEWER AND OTHER UTILITIES TO
COASTAL BARRIER RESOURCE UNITS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS AND THE
SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Monroe County is in an area designated as an area of critical state concern; and
WHEREAS, the Monroe County Board of County Commissioners passed a land development Ordinance
20-2008 on September 17, 2008 concerning the provision of central sewer service and other utilities to be
provided to properties within the Coastal Barrier Resource System (CBRS) units within the jurisdiction of
Monroe County; and
WHEREAS, the County's current comprehensive plan discourages the provision of utilities within CBRS
units; and
WHEREAS, the Department of Community Affairs (DCA) provided its intent to find Ordinance No. 020-
2008 not in compliance and inconsistent with the County's 2010 Comprehensive Plan and the principles for
guiding development as set forth in Chapter 380 of the Florida Statutes in Final Order No. 08-OR-352,
stating also that there was not enough data and analysis, and that the ordinance was not specific enough in it
s application to certain CBRS units; and
WHEREAS, a member of the public has appealed the DCA's Final Order; and
WHEREAS, land development regulations are not effective in an area of critical state concern until the
DCA provides notification that the ordinance is consistent with the County's comprehensive plan and the
principles for guiding development; and
WHEREAS, the Board is following the process to adopt a Comprehensive Plan amendment concerning
this same subject at the second transmittal for the year 2009; and
WHEREAS, the language of the land development regulation may not accurately reflect what is included
in the Comprehensive Plan amendment; and
WHEREAS, the Planning Commission considered this matter at a public hearing on February 11, 2009;
and
WHEREAS, the Board of County Commissioners has considered the comments from the DCA, staff, the
Planning Commission, and the public; and
WHEREAS, based on the findings of the DCA and advice of the County Attorney, and considering the
input from staff and recommendation of the Planning Commission, the Board has found that it is in the best
interest of the public not to pursue the appeal of the final order and directed staff not to appeal the order, but
to rescind Ordinance 20-2008;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. Repealer.
Ordinance No. 20-2008 is hereby rescinded and repealed in its entirety.
Section 2. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or
nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph,
subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment
or decree shall be rendered.
Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision of any
appropriate federal, state, or County law, rule code or regulation, the more restrictive shall apply.
Section 4. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources Department to the
Florida Department of Community Affairs to determine the consistency of this ordinance with the Florida
Statutes and as required by F.S. 380.05(6) and (11).
Section 5. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become
effective until a notice is issued by the Department of Community Affairs or Administration Commission
approving the ordinance.
Section 6. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular
meeting held on the of 2009.
Mayor George Neugent
Mayor Pro Tem Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
LM
Deputy Clerk
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
LM
&MOiNROE
C TY ATTORNEY
OFORM
Mayor George Neugent
ORDINANCE NO. 020 -2008
AN ORDINANCE AMENDING SEC. 9.5-258 OF THE MONROE COUNTY
CODE TO ALLOW THE PROVISION OF CENTRAL WASTEWATER
SERVICE AND SUPPORT UTILITIES TO DEVELOPED PROPERTIES
LOCATED WITHIN THE COASTAL BARRIER RESOURCES SYSTEM;
PROVIDING FOR SEVERABILITY: PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE
INCORPORATION INTO THE MONROE COUNTY CODE; AND
DIRECTING THE CLERK OF THE BOARD TO FORWARD A CERTIFIED
COPY OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Coastal Barrier Resources Act (CBRA) of 1982 established the Coastal
Barrier Resources System (CBRS) to restrict the federally subsidized development of coastal
barrier areas (SEE 16 U.S.C. 3504(a)(1)); and
WHEREAS, Monroe County has 22 designated units of the CBRS identified by the U.S.
Fish an Wildlife Service; and
WHEREAS, Objective IO2.8 of the Monroe County Year 2010 Comprehensive Plan
states: "Monroe County shall take actions to discourage private development in areas designated
as units of the Coastal Barrier Resources System [W-5.006(3)(b)4]"; and
WHEREAS, Policy 102.8.5 of the Monroe County Year 2010 Comprehensive Plan
states: "Upon adoption of the Comprehensive Plan, Monroe County shall initiate efforts to
discourage the extension of facilities and services provided by the Florida Keys Aqueduct
Authority and private providers of electricity and telephone services to CBRS units"; and
WHEREAS, on December 18, 2001, the Board of County Commissioners adopted
Ordinance No. 043-200I. creating Section 9.5-258 of the Monroe County Code which established
a Coastal Barrier Resources System Overlay District, the purpose of which is to implement the
policies of the comprehensive plan by prohibiting the extension and expansion of specific types
of public utilities to or through lands designated as a unit of the Coastal Barrier Resources
System; and
WHEREAS, pursuant to Chapter 99-395, Laws of Florida, Monroe County has
been mandated by the State of Florida to provide a centralized sewer system by 2010 as a
means of improving near shore water quality within the Florida Key; and
WHEREAS, on June 18, 2008, the Growth Management Staff was directed by the Board
of County Commissioners to amend the comprehensive plan and land development regulations to
reword the prohibition on utilities such that the focus and priority be placed on wastewater first
and any discussion of electric or any other utility, other than those required to efficiently support
a central wastewater collection system, be deferred until the wastewater goal is accomplished;
and
Page 1 of 3 Initials
W-`GROWTH MANAGEMENT,BOCC GMD Agenda Items 20080917TBRS LDR Amend' Adopted
Wastewater Ordinance with changes from BOCC and no underlines or strikethroughs - LDR
(Amended).doc
WHEREAS, during a regular meeting held on July 23, 2008, the Monroe County
Planning Commission conducted a public hearing on the proposed text, and recommended
approval of the proposed text; and
WHEREAS, the Monroe County Board of County Commissioners held a public hearing
on the proposed amendments to the Monroe County Code submitted by the Monroe County
Planning Department; and
WHEREAS, it is the desire of the Monroe County Board of County Commissioners that
the following amendment to the Monroe County Code be approved, adopted and sent to the state
land planning agency for approval;
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Chapter 9.5, Article VII Division 2 is hereby amended as follows:
Sec. 9.5-258. Coastal barrier resources system overlay district
(a) Purpose: The purpose of the Coastal Barrier Resources System Overlay District is
to implement the policies of the comprehensive plan by prohibiting the extension and expansion
of specific types of public utilities to undeveloped properties within a unit of the Coastal Barrier
Resources System.
(b) Application: The Coastal Barrier Resources System Overlay District shall be
overlaid on all areas, except for Stock Island, within federally designated boundaries of a Coastal
Barrier Resources System Unit on current Flood Insurance Rate Maps approved by the Federal
Emergency Management Agency, which are hereby adopted by reference and declared part of
this chapter. Within this overlay district, the transmission and/or collection lines of the following
types of public utilities shall be prohibited from extension or expansion only to undeveloped
properties located within a CBRS Unit: central wastewater treatment collection systems; potable
water, electricity, and telephone and cable. This prohibition shall not preclude the provision of
those utilities required to provide central sanitary wastewater collection and treatment nor the
maintenance and upgrading of existing public utilities in place on the effective date of this
ordinance and shall not apply to wastewater nutrient reduction cluster systems.
Section 2. If any section, subsection, sentence, clause, item, change, or provision of
this ordinance is held invalid, the remainder of this ordinance shall not be affected bsuch
validity. y
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs to determine the consistency of this ordinance with the Florida
Statutes.
Page 2 of 3 Initials
W-'GROWTH MANAGEMENT.BOCC'GMD Agenda Items.20080917 CBRS LDR Amend Adopted
Wastewater Ordinance with changes from BOCC and no underlines or strtkethroughs - LDR
(Amended).doc
Section 5. This ordinance shall be filed in the Office of the Secretary of State of
Florida, but shall not become effective until a notice is issued by the Department of Community
Affairs or Administrative Commission approving the ordinance.
Section 6. The Director of Growth Management is hereby directed to forward a
copy of this ordinance to the Municipal Code Corporation for the incorporation into the Monroe
County Code of Ordinances once this ordinance is in effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 17th day of September, A.D., 2008.
Mayor Mario DiGennaro
Yes
Mayor Pro Tem Charles "Sonny McCoy
yes
Commissioner Sylvia Murphy
No
Commissioner George Neugent
No
Commissioner Dixie Spehar
es
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
-- BY
Mayor Mario DiGennaro
':A—�;�P 'L)ANNY KOLHAGE, CLERK
; ; . -0 J
N
DEPUTY C ERK
co
NONROf CO�IJ�T p p�/
APP EG S r FORW-
-1d--
7
Page 3 of 3
Initials
W:'.GROWTH MANAGEMEN'r BOCC`GMD Agenda Items 20080917'.CBRS LDR Amend'Adopted
Wastewater Ordinance with changes from BOCC and no underlines or strikethroughs - LDR
(Amended)-doc
DCA Final Order No.: DCA08-OR-352
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 020-2008
FINAL ORDER
The Department of Community Affairs (the "Department') hereby issues its Final Order,
pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9). Fla. Stat. (2007), rejecting a land
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern as set forth below.
FINDINGS OF FACT
The Florida Keys Area is a statutorily designated area of critical state concern,
and Monroe County is a local government within the Florida Keys Area.
2. On October 17, 2008, the Department received for review Monroe County
(County) Ordinance No. 020-2008 ("Ord. 020-2008"), adopted by the County on September 17,
11:
3. The purpose of the Ordinance is to amend Section 9.5-258 of the Monroe County
Code to allow the provision of wastewater service and support utilities to developed properties
located within the Coastal Barrier Resources System (CBRS) Overlay.
4. The Coastal Barrier Resources Act (CBRA) of 1982 established the CBRS to
restrict the federally subsidized development of coastal barrier areas. See 16 U.S.C. 3504(a)(1).
On December 18, 2001, the Monroe County Board of County Commissioners
adopted Ordinance No. 043-2001, creating Section 9.5-258 of the Monroe County Code which
established the CBRS Overlay District, the purpose of which is to implement the policies of the
Comprehensive Plan by prohibiting the extension and expansion of specific types of public
DCA Final Order No.: DCA08-OR-352
utilities to or through lands designated as a unit of the CBRS.
6. On June 18, 2008, the Monroe County Board of County Commissioners directed
the Growth Management Staff to amend the Comprehensive Plan and Land Development
Regulations to reword the prohibition on utilities such that the focus and priority be placed on
wastewater first and any discussion of electric or any other utility, other than those required to
efficiently support a central wastewater collection system, be deferred until the wastewater goal
is accomplished.
7. Section 163.3202, Florida Statutes, however, requires that land development
regulations contain specific and detailed provisions necessary to implement the adopted
comprehensive plan which discourages the extension of facilities and utility services to CBRS
units and prohibits public expenditures for new or expanded facilities in areas designated as units
of the CBRS except for expenditures necessary for public health and safety. While the County's
Comprehensive Plan does not prohibit the extension of facilities and services into CBRS units,
Ordinance 020-2008 conflicts with the County's policies discouraging both private and public
investments in CBRS units for new or expanded facilities.
8. A comprehensive plan amendment is necessary to resolve this conflict and clarify
that the extension of facilities and services to specific areas in CBRS units, including No Name
Key, designated as Hot Spots for central sewer may be necessary for water quality improvement
as well as for financial feasibility and economies of scale in construction of regional wastewater
plants.
9. The provision of central wastewater treatment and collection facilities through or
to CBRS areas to developed properties may be one option to satisfy the treatment standard
requirements of Section 6 of Chapter 99-395 Laws of Florida. However, sufficient data and
analysis has not been provided to address the capital cost allocation issues associated with the
provision of central wastewater treatment and collection systems, and where needed, the cost for
the provision of electrical service to the CBRS units
DCA Final Order No.: DCA08-OR-352
10. Monroe County staff has indicated that the County will be moving forward with a
Comprehensive Plan amendment to address any conflicts with the Comprehensive Plan in the
County's first amendment cycle in 2009. Although the Department is encouraged by the
County's efforts to provide central sewer to No Name Key, since the current wastewater
construction schedule does not anticipate completion of the new facility for several years, the
County has an opportunity to provide an analysis of the magnitude of the additional public
facility costs.
11. If the intent of the County is to provide wastewater only to No Name Key within
the CBRS units, the Department would recommend the County first adopt any necessary
Comprehensive Plan amendments and subsequently revise Ordinance 020-2008 to target its
application to No Name Key.
CONCLUSIONS OF LAW
12. The Department is required to approve or reject land development regulations that
are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical
State Concern. § 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2007).
13. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. § 380.0552, Fla. Stat. (2007) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admit. Code.
14. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. (2007). The
regulations adopted by Ord. 020-2008 are land development regulations.
15. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in § 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Commullity <lffans, 21 F.A.L.R. 1902 (Dec. 4, 1998), gJI'V, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
3
in isolation from the other provisions.
whole.
DCA Final Order No.: DC A08-OR-352
16. Ord. 020-2008 fails to promote and further the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to
achieve these objectives without the continuation of the area of
critical state concern designation.
(b) To protect shoreline and marine resources, including -. .
mangroves, coral reef formations, seagrass beds, wetlands, fish
and wildlife, and their habitat.
(h) To protect the value, efficiency, cost-effectiveness, and
amortized life of existing and proposed major public
investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection and disposal facilities;
3. Solid waste collection and disposal facilities;
4. Key West Naval Air Station and other military
facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and
other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-
op; and
9. Other utilities, as appropriate.
(i) To limit the adverse impacts of public investments on the
environmental resources of the Florida Keys.
17. Ord. 020-2008 is inconsistent with the Principles for Guiding Development as a
WHEREFORE, IT IS ORDERED that Ord. 020-2008 is found to be inconsistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby REJECTED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DCA Final Order No.: DCA08-OR-352
DONE AND ORDERED in Tallahassee, Florida.
(1 0,44 X,4-�
CH S GAUTHIER, AICP
Director, Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING ACTION.
DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL
FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU
ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(l ), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION .AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
DCA Final Order No.: DCA08-OR-352
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
PETIT MUST -MEET THE FILING -REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true and Correct copies have been furnished
to the persons listed below by the method indicated this day of December, 2008.
dix Kula Ford, Agency erk
By U.S. Mail:
Honorable Mario DiGennaro
Mayor of Monroe County
Florida Keys Marathon Airport
9400 Overseas Highway, Suite 210
Key West, Florida 33050
DCA Final Order No.: DCA08-OR-352
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Andrew Trivette
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, FT6rida-33050
By Hand Delivery or Interagency Mail:
Craig Diamond, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
7
VOLUME III
ADDENDUM TO
REPORT
TO THE ENVIRONMENTAL REGULATION COMMISSION
ON THE PROPOSED DESIGNATION OF THE
FLORIDA KEYS
AS AN
OUTSTANDING FLORIDA WATER
OF
cc
OF F
Appendix J Update Memo --tg-.Enviromnen
tal. Regulation Ccamission
Appendix K -Florida Keys Water Quality Study
Appendix L Sumlary of February 26, 1985 Public Workshop in Marathon
Appendix M Recent Newspaper Articles and Correspondence Concerning the
Proposed Designation
March, 1985
INTRODUCTION .
FLORIDA KEYS OFW MONITORING
This study was conducted to collect some recent baseline data on water
quality for ambient and artificially created waters within the Florida
Keys. A total of 165 stations were sampled from Key Largo to Key West
along the Florida Bay side and Atlantic Ocean side of the Keys. Sampling
which began January 8, 1985 was concluded February 20, 1985. Due to the
extensive surface area of the waters in the Florida Keys (120 miles
bayside and 120 miles oceanside) and limited manpower and time available,
the number of stations and parameters were kept at a minimum. Monitoring
points were equally distributed between bay and ocean to provide uniform
coverage. A total of 81 stations, (49 ambient and 32 artificial
waterways) were monitored along the oceanside of the Keys while a total
of 84 stations (46 ambient and 38 artificial waterways) were sampled
along the bayside. Artificial waterways sampled included canals, boat
basins and marinas adjacent to trailer parks, single and multiple family
dwellings, and commercial operations. Ambient stations were located
approximately 1/4 mule offshore in most cases with occasional controls
located within mangrove creeks.
K-1
Parameters measured at each station included:
Surface Mid -Depth
Bottom
Detection Limits
Dissolved Oxygen
X X
X
0.1 m:3/1
pH
X X
X
0.1 pH
Temperature
X X
X
0.10C
Conductivity
X X
X
1.0 unho
Salinity
X X
X
0.5 0%
NO2+ND3-N
X
.0005 mg/1
Kjeldahl-N
X
.02 mg/1
NH3-N
X
.005 mg/1
Organic-N
X
Phosphorus -Total
X
.002 m3/1
Fecal Coliform
X
1 colony/100 ml
Depth
All sampling and
analysis were performed
in accordance with the 14th a --
and 15th Edition
of "Standard Methods" and/or latest E.P.A. approved
methods. In -situ
parameters were measured with the
Hydrolab Surveyor
6D and the Hydrolab, Digital 4041. Water
samples for
lab analysis were
collected with a
modified Van Dorn bottle
sampler.
All samples were
iced at the time
of collection and nutrient samples
preserved by acidi-
fication and stored at 40C.
K-2
•�i T
The overall water quality assessed by this survey indicates that all the amr-
bient waters in the Florida Keys meet or exceed the standards for Class III
waters, as defined in Chapter 17-3, F.A.C. , while waters within artificial
waterways (canals, marina and boat basins), frequently appeared impacted and
degraded. The dissolved oxygen data collected at the 165 stations is
recorded in Tables I and II with mean values compiled in Figures No. 1 and
2. The dissolved oxygen standard (4.0 mg/1) was the most frequently
violated in the artificial waterways. Bayside impact stations exhibited the
highest number of these violations, with 6 occurring at the surface, 6 at
mid -depth and 8 at the bottom. Respectively, this represents a 17.6% and
23.5% occurrence in bayside artificial waterways, while ambient waters
displayed zero violations. Oceanside stations reflected similar results
with no violations at ambient stations, while 4 surface, 6 mid -depth and 4
bottom measurements fell below the standard at impact stations. Variations
in mean D.O. levels between ambient and impact were equally significant.
Ambient bayside mean D.O. levels ranged from 2.2 mg/1 - 2.5 mg/1 higher than
impact stations, while ambient oceanside mean D.O. levels averaged 1.5 rxg/1
higher than impacts. A wider range of D.O. levels also occurred in the
artificial waterways. Although some canal systems were in compliance,
others were severely degraded. D.O. levels of 0.0. mg/1 were recorded at
station 119, Bahia Shores Subdivision canal. Past monitoring throughout the
Florida Keys has shown that several canal systems and boat basins have
periodically become anaerobic, causing significant fish kills.
K- 3
Differences in nutrients between ambient and impact stations were also
recorded (Tables III and IV, Figures 3 and 4). A majority of impact
stations had higher levels of total phosphorus (P-TOT), total Kjeldahl
nitrogen (TKN), ammnia (NH2+Np-3-N). The highest level recorded for any
parameter was 1.150 mg/1 TKN at station #15, Lake Surprise Estates waterway.
With the exception of three TKN measurements taken in a boat basin adjacent
to a seafood processing plant in Marathon during another study, this value
represented the highest level ever recorded in the last twelve years of
sampling in the Keys. Normal ambient bayside TKN levels ranged between
0.128 mg/1 and 0.693 mg/1. The mean values for all the nutrient parameters
of both bayside and oceanside impact stations were all significantly
elevated above ambient stations.
K-4
CONCLUSIONS AND RBCOMMENDATIONS
As the data indicates, all ambient stations monitored in this survey exceed
Class III standards. On the other hand, the artificial waterways show vary-
ing degrees of degradation. Most artificial waters are inpacted by reduced
circulation due to excessive depths and the orientation and configuration of
the design. This compounds the detrimental influence from uncontrolled
stormwater runoff, septic leachate and the accumulation of floating organic
debris. All of the factors, as the data supports, degrade the water
quality, often below existing standards. Future increases in the population
adjacent to these waterways will only result in additional degradation.
Major measures would have to be implemented to slow or reverse this trend.
The 205(j) study, currently in progress, is addressing these specific
sources. Results and reconuendations regarding the necessity and
feasability of central collection and secondary treatment of these sources
should be available in June, 1985.
In the meantime, efforts should be made to gather additional background data
of ambient waters not sampled in this survey. Ambient conditions should be
documented further offshore on both the bayside and oceanside of the Keys.
In addition to increased coverage, the Department should document the sea-
sonal variation of the water quality. Sources moderately affecting water
quality during January and February could have devastating impacts during
the summer months.
K-5
KEYS OFW SURVEY
TABLE I
Dissolved Oxygen - Ambient Bayside
Surface Mid -depth Bottom
N 41 39 41
X 7.7 7.5 7.5
S 1.8 0.7 0.7
# Violations 0 0 0
Violations 0 0 0
Dissolved Oxygen - Impacted Bayside
Surface Mid -depth Bottom
N 34 34 34
X 5.5 5.2 5.0
S 1.9 2.1 2.3
# Violations 6 6 8
Violations 17.6 17.6 23.5
K- 6
KEYS OFW SURVEY
TABLE II
Dissolved Oxygen - Ambient Oceanside
Surface Mid -depth Bottom
N 45 45 45
X 7.4 7.3 7.3
S 0.5 0.5 0.5
# Violations 0 0 0
Violations 0 0 0
Dissolved Oxygen - Impacted Oceanside
Surface Mid -depth Bottom
N 31 31 31
X 5.9 5.8 5.9
S 1.5 1.5 1.6
# Violations 4 6 4
Violations 12.9 19.4 12.9
K-7
w
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z: 3.0
2.0
1.0
OFW WATER UUTY SURVEY'
FLORIDA EYS
D n v 0 r n r
DISSOLVED OXYO
(MAN VALUES OF 54 STATIONS)
FIGURE 1: Bay side dissolved oxygen
4.0
K-8
8.0
7.0
6.0
2.0
1.0
OFW WATER q. XITY SURVEY
FLORIDA I M
OCEAN -SIDE
DISSOLVED OVO
(VEAN VALUES OF 43 STATIONS)
FIGURE 2: Ocean side dissolved oxygen
4,0
K-9
OFW SURVEY
KEYS
NUTRIENTS
TABLE III
Parameter Bayside Impact
O / o Above
_ Ave (mg/L)
Background
P - TOT
75.0
TKN
67.9
NH3-N
71.4
N-ORG
71.4
NO2+NO3-N
82.1
Oceanside Impact
o/o Above
Ave (mg/L Background
71.4
76.2
52.4
76.2
76.2
Parameter
P - TOT
Ba side
Ambient
.012
(Ave.)
Impact
.022
Oceanside
Ambient
.013
(Ave.)
Impact
.015
TKN
.379
.511
.270
.349
NH3-N
.106
.144
.104
.110
N-ORG
.272
.369
.165
.242
NO2+NO3-N
.009
.019
.003
.009
K-10
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OFW WATER Ol1AL.ITY SURVEY
FLORIDA KEYS
RAY-.qT np
P-TOT TKN NH3-N N-ORG NO2+NOY,y
PAPAMETER
(MEAN VALUES OF Fl STATIONS)
FIGURE 3; Bay side nutrients
K-12
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ON WATER DUALITY SURVEY
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PARAMETER
(M M VALUES OF 52 swioNS)
FIGURE 4: Ocean side nutrients
K-13
OFW STATION DESCRIPTION AND LOCATION
Station #1 - Barnes Sound, 1/4 mile west of the entrance of North Harrison
canal, Bayside.
Station #2 - Harrison development middle finger canal midpoint on the Bayside
Station #3 - Midpoint of the south finger canal of the Harrison Project on the
Bayside
Station #4 - Canal, Harrison Project, north canal at dog leg to the right on
Key Largo Oceanside
Station #5 - Sound, Atlantic ocean at 30 ft. north of Marker #2 at channel
entrance to the Harrison Project on Key Largo
Station-#6 - 50 yds. N.W. of Marker #2 at the entrance canal to John Pennekamp
State Park, Key Largo, Oceanside
Station #7 - Ocean off Key Largo at 30 ft. north of Marker #16
Station #8 - Port Bouganville Oceanside boat basin at 50 ft. off dock
Station #9 - Port Bouganville access channel at the mouth of the boat basin,
Key Largo, Bayside
Station #10 - At the middle of Lake Surprise, west of entrance canal to Port
Bouganville subdivision
-�- , Station #11 - Center of Jewfish Creek channel adjacent to Marker #34, Key Largo
.,,,Station #12 - In the center of Jewfish Creek between M1nrkers #36 and #37
Station
#13
- In Lake Surprise 1/4
mile N.W. of
Lake Surprise
Estates subdivision
main access channel,
Key Largo
Station
#14
- Lake Surprise Estates
in the center
of the main
access canal at #2
finger canal of the north
section
Station
#15
- Lake Surprise Estates
in the main
access canal at
#2 finger canal
of the south section
Station
#16
- In Sexton Cove at 1/4
mile west of
Lake Surprise
subdivision main
access channel
Station
#17
- Ocean Isle Estates half
way up the
west canal
Station
#18
- North Sound Creek at
1/4 mile west
of Marker #27
Station
#19
- In tidal creek at 1/4
mile west of
the entrance
canal to Key Largo
Mobile Home site
Station
#20
- Key Largo Mobile Home
site in entrance
canal at
the junction of
east canal
K-14
OFW Station Description and Location - cont'd
Station #21 - Main access canal for Sexton Cove Estates adjacent to No. 3 finger
canal
Station #22 - Sexton Cove at 1/4 mile N.W. of Sexton Cove Estates main access
channel entrance
Station #23 - Stillwright Point subdivision at the fork in the canal
Station #24 - Blackwater Sound at 1/4 mile west of Stillwright Point
Station #25 - Half way into the main canal at Largo Sound Village, Key Largo
Station #26 - 300 yds. north of Marker "A" and 1/4 mile east of the point of
land in Largo Sound
Station #27 - Blackwater Sound at 1/4 mile west of Cross Key Cut
Station #28 - Cross Key Waterway Estates at fork in waterway
Station #29 - Cross Key Waterway Estates main canal at third finger canal
Station #30 - Twin Lakes Subdivision at a point midway down the east canal
Station #31 - North of Marker #23, 50 ft. inside of the canal in Anglers Park
Shores, Key Largo
Station #32 - 50 yds. N.W. of Marker #23 in Largo Sound
Station #33 - Middle of boat basin at Pennekamp St. Pk., Key Largo
Station #34 - In main canal at Winston Waterways Subdivision, Key Largo, at the
junction of the 4th small canal
Station #35 - Tarpin Basin at 1/4 mile north of Key Largo Trailer Village main
access channel entrance
Station #36 - Key Largo Trailer Village main access channel adjacent to the
second east finger canal
Station #37 - Atlantic Ocean at 1/2 mile S.E. of jetty point at Port Largo on
Key Largo
Station #38 - 1/2 way down the 3rd canal at Part Largo development on Key Largo
Station #39 - Sunset Waterways at 90° turn on L-shaped canal
Station #40 - Buttonwood Sound at 50 ft. west of first channel marker to entrance
to Sunset Waterway - 1/4 mile offshore
Station #41 - Middle of boat basin at Key Largo Beach
Station #42 - Atlantic Ocean at 1/4 mile offshore from the jetty at Hidden Harbor
development
K-15
OFW Station Description and Location - cont'd
Station #43 - Sunset Cove at 1/2 mile between middle canal of Pirate's Cove
subdivision and Pelican Key
Station #44 - Canal, Pirate's Cove Subdivision on Key Largo, at half way up
2nd canal from the south
Station #45 - Rock Harbor at 1/4 mile S.E. of "76" gas sign
Station #46 - Florida Bay at 1/4 mile N.W. of entrance to the channel to
Buttonwood Bay Development
Station #47 - Buttonwood Bay subdivision basin at 50 ft. south of the bridge
Station #48 - 1/2 way up the 1st canal to the right at Wynken, Blynken & Nod
Trailer Park on Key Largo
Station #49 - Atlantic Ocean at 1/4 mile seaward in line with the entrance
channel to Wynken, Blynken & Nod Tr. Pk. on Key Largo
Station #50 - Off Key Largo Ocean Resort boat ramp at the center of the boat
basin
Station #51 - 1/4 mile off shore from the channel entrance to Key Largo Ocean
Resort
Station #52 - At the midpoint of the 2nd canal from the N.E. end of Hammer
Point Subdivision on Key Largo
Station #53 - At ICW Marker #62A, Florida Bay
Station #54 - Midway up the middle of three canals at Blue Water Trailer Village,
- Key Largo
Station #55 - 30 ft. west of channel marker #1 at entrance to Blue Water Trailer
Village, Key Largo
Station #56 - Midway up 2nd canal at Kahiki Harbor, Key Largo
Station #57 - 30 ft. west of Marker #71, Tavernier Creek
Station #58 - At 2nd canal east of the bridge at Tropical Atlantic Shores
Subdivision on Key Largo
Station #59 - At 40 ft. west of Marker #1 at the oceanside entrance to Tavernier
Creek, Key Largo
Station #60 - At 100 ft. west of the channel markers for the channel across Cross
Bank, Key Largo
Station #61 - Plantation Key Colony main canal at the junction of the 2nd branch
canal
Station #62 - In the main canal of Indian Key Waterways at the junction of the 4th
branch canal
K-16
OFW Station Description and Location - cont'd
Station #63 - Ocean at 1/4 mile south of pier for Plantation -by -the -Sea and
east of radio tower
Station #64 - Midway down the 5th canal from Snake Creek Bridge in Venetian
Shores in Islamorada
Station #65 - Florida Bay at 50 ft. north of the bayside flashing marker for
Snake Creek channel west of Islamorada.
Station #66 - Center of boat basin at Treasure Harbor in Islamorada
Station #67 - Atlantic Ocean at 3/4 mile south of channel entrance to Treasure
Harbor boat basin
Station #68 - Florida Bay at 200 yds. N.E. of south tip of Cotton Key, north of
Windley Key
Station #69 - Florida Bay at 1/4 mile off shore and ESE of Marker #87 of ICW
Station #70 - Atlantic Ocean at 1/2 mile south of Islamorada off shore and
NE of Harbor Lights Motel pier.
Station #71 - Center of Little Basin on North side of Upper Matecumbe Key
Station #72 - Atlantic Ocean at 100 ft. SE of spoil at channel entrance to
Teatable Relief bridge
Station #73 - Florida Bay at 20 ft. east of Marker #2 of Indian Key Channel,
east of Lignumvitae Key
Station #74 - Atlantic Ocean at 1/2 mile off shore from channel entrance markers
on Lower Matecumbe - Indian Key Anchorage
Station #75 - Bay, Florida at 1/2 mile due north of entrance to Port Antigua
Waterway
Station #76 - Canal, first right, at 200 ft. from end of last canal on the left -
mid canal - Port Antigua Waterway
Station #77 - Atlantic Ocean at 1/4 mile south of power pole past pines
Station #78 - Toll Gate Shores waterway at 200 ft. from end of right canal branch
at mid canal
Station #79 - Florida Bay, 50 ft. north of Day Beacon #2
Station #80 - Atlantic Ocean at 1/2 mile south of 6th power pole from east end
of Channel Five bridge
Station #81 - Kampground of America Waterway, center of boat basin
Station #82 - Florida Bay at 50 ft. north of Day Beacon LX
Station #83 - Long Key Bight at 100 ft. from pipe, 2600 to tallest tower and
2450 to shortest tower
K-17
OFW Station Description and Location - cont'd
Station #84 - Long Key Estates Waterway, behind Layton Post Office canal
Station #85 - Florida lay, Layton urea, at 1/4 mile clue north of radio tower
on Long Key
Station #86 - Atlantic Ocean at 1/2 mile south of microwave tower on Long Key
near the State Park
Station #87 - Canal at Outdoor Resort of America on Long Key at 50 ft. from the
end of the last canal Branch on E. Branch
Station #88 - Florida Bay at 1/2 mile north of the clubhouse at ORA, Long Key
Station #89 - Ocean at 1/4 mile south of the loth power pole from the west end
of Long Key Bridge on US#1
Station #90 - Conch Key Waterway in boat basin
Station #91 - Florida Bay at a point 3/4 mile north of Walker's Island
Station #92 - Duck Key Marina, center of the inner basin
Station #93 - Toms Harbor Cut at 0.8 mile south SW of Walker Island and 0.6
mile SSE of the west end of Toms harbor Cut bridge on US #1
Station #94 - Florida Bay at J.G. Estates 20 ft. off point at 2nd landward canal
Station #95 - Bayside of J.G. Estates, 100 ft. north of last pipe at entrance
canal (Red top, 10 ft. tall)
Station #96 - Atlantic Ocean at 30 ft. east of the channel marker at the entrance
to Valhalla Resort boat basin
Station #97 - Valhalla Resort at half way up the second canal off the resort dock
Station #98 - Florida Bay N.W. of anvil -shaped peninsula and 1/4 mile off shore
at a point 1/2 way between Adventure Island and Bamboo Key
Station #99 - Atlantic Ocean at 30 ft. west of Marker #1 of the entrance channel
to Coco Plum subdivision waterway
Station #100 - Coco Plum Waterway at a point 150 ft. east of Captain's III docks
Station #101 - Key Colony Beach Marina at 70 ft. north of the south seawall and
50 ft. east of the causeway seawall
Station #102 - Atlantic Ocean at 1/4 mile SE of Key Colony Beach canal entrance
Station #103 - Seawatch Boat Basin between 2 piers on the bayside of the boat basin
Station #104 - Florida Bay at 1/4 mile north of entrance to Seawatch Resort boat
basin on Vaca Key
Station #105 - Sea Aire Estates Waterway in the center basin at the junction of
the 2nd canal from the south end of the system
K-18
OFW Station description and Location - cont'd
Station #106 - Florida Bay at 1/2 mile N.W. of entrance to Sea Aire Estates
on Key Vaca on a line with the north tip of the island and
the north tip of Stirrup Key
Station
#107
- Atlantic Ocean at 1 mile off Vaca Key Bight at the intersection
of a line through the radio tower and microwave tower and a
line from west Sisters Rock and the point of Sombrero Beach
Station
#108
- At midway of 3rd of 5 canals in Marameade Subdivision in Marathon
Station
#109
- Atlantic Ocean at 20 ft. east of Marker #2 at the channel
entrance to Sisters Creek
Station
#110
- Florida Bay at 1/4 mile north of Fannys Key on a line with the
Faro Blanco light and the 3 radio towers
Station
#111
- Middle of eastern basin at Boot Key Marina
Station
#112
- Atlantic Ocean at 1/4 mile west of #2 marker of channel entrance
to Boot Key Harbor on line with Boot Key Bridge tender shack and
#2 marker
Station
#113
- Atlantic Ocean at 3/4 mile south of Pigeon Key
Station
#114
- Florida Bay at 30 ft. west of Marker #17 near Little Money Key
Station
#115
- Boat basin, at center, Sunshine Key Travel Park
Station
#116
- Florida Bay at 300 ft. north of bayside marker for Bahia Honda/
Ohio Channel
Station
#117
- Atlantic Ocean at 1/2 mile southeast of east tip of Ohio Key and
west end of Missouri/Ohio Key channel bridge
Station
#118
- Atlantic Ocean at 100 ft. west of island on oceanside of Bahia
Honda channel
Station #119 - Halfway down the middle canal from the access channel in Bahia.
Shores Subdivision on No Name Key
Station #120 - At 1/4 mile north of the access channel to Bahia Shores Subdivision
on No Name Key
Station #121 - Halfway up the N-S access canal between finger canals 2 and 3 (off
boat slip) at Doctor Arm Subdivision, Big Pine Key
Station #122 - In Bogie Channel, 200 yds east of the access channel to Doctor's
Arm Subdivision, Big Pine Key
Station #123 - In Bogie Channel, 200 yds east of the canal between F and G Avenues
in the Sands Subdivision, on Big Pine Key
Station #124 - Halfway up the canal between Avenues F and G in the Sands Subdivision
on Big Pine Key
K-19
OFW Station Description and Location - cont'd
Station #125 - Atlantic Ocean at 1/2 mile off shore in Long Beach Estates
area, Big Pine Key
Station #126 - Seatamp Boat basin, at center of basin on Big Pine Key
Station #127 - Newfound Harbor channel at 1/4 mile west of entrance channel
to Sea Camp boat basin
Station #128 - Canal, eastern main canal at junction'of 4th finger canal from
the mouth
Station
#129
- Newfound Harbor channel at 1/4 mile east of entrance channel to
Jolly Roger Estates, Big Pine Key
Station
#130
- At the junction of the south main canal and 6th finger canal in
Port Pine Heights on &ig Pine Key
Station
#131
- In Pine Channel 1/4 mile S.W. of the south main canal in Port Pine
Heights Subdivision on Big Pine Key
Station
#132
- Midway up the 3rd canal from the north at Pine Channel Estates
Subdivision on Big Pine Key
Station
#133
- In the middle of Pine canal at 1/4 mile west of the 3rd canal in
Pine Channel Estates Subdivision on Big Pine Key
Station
#134
- Halfway up the main canal at the junction of the 3rd branch channel
in Eden Pines Subdivision on Big Pine Key
Station
#135
- In Pine Channel at 1/4 mile east of the entrance to Eden Pines
Subdivision on Big Pine Key
Station
#136,-
Breezeswept Beach Estates, junction of main canal and 8th finger
canal from the mouth
Station
#137 -
Torch/Ramrod channel at end of channel entrance - north side
Station
#138
- Niles channel at a point 100 yds, south of the first power pole
S.W. of the US #1 bridge cut
Station
#139
- Summerland Cove Isles subdivision at a point 50 ft. from the culvert
in the 3rd canal
Station
#140
- In Summerland Cove at a point 50 ft. north of Marker No. 3
Station
#141
- Midway up the first canal north of Venture Out Development
Clubhouse at the junction of the first finger canal
Station
#142
- Kemp Channel at a point 50 yds south of Marker No. 21
Station
#143
- Cutthroat Harbor Estates subdivision in entrance canal at third
finger canal
Station
#144
- Cudjoe Bay west of flagpole and on a line with the last.house on
each side of the bay
K-20
PFW Station Description and Location - cont'd
Station #145 - Cudjoe Gardens subdivision main canal at the junction of the
sixth finger canal
Station #146 - in Bow C;hannul at a point 50 ft. N.L. of the beginning of the
access channel markers
Station #147 - Sugarloaf Shores subdivision at a point half way up the third
canal west of SR
939 bridge
Station
#148 -
Upper Sugarloaf
Sound at a point 1/4 mile north of SR
939 bridge
and adjacent to
a small mangrove
Station
#149
- Lower Sugarloaf
Sound from Hwy #1 bridge NNW of Welles
Key
Station
#150
- Sugarloaf Creek
from bridge on SR 939
Station
#151
- At the north end
of the main canal at the junction of
the 2nd
branch canal at
Tamarac Park subdivision
Station
#152
- At 20 ft. west of
Marker #2 at the oceanside entrance
to Tamarac
Park subdivision
Station #153 - In Florida Bay between Big Coppitt Key and Shark Key
Station #154 - 20 ft. from the south corner point of the main canal of Key Haven
subdivision, Key West
Station #155 - At 1/4 mile off the end of the entrance channel to Key Haven
subdivision, Key West
Station #156 - In Safe Harbor on Stock Island at a point 75 ft. east of the
north finger pier
Station #157 - Atlantic Ocean at 20 ft. west of Day Marker #5 on Safe Harbor
Channel
Station #158 - At 500 ft. S.E. of White Street Pier, Key West
Station #159 - Middle of the inner harbor of Garrison Bight Marina, Key West
from Duncan Ford sign
Station #160 - Outer harbor of Garrison Bight at 20 ft. west of Marker #27,
Key West
Station #161 - In Florida Bay at 50 ft. N.W. of Marker #21, Key West
Station #162 - In Key West Bight at 50 ft. off the end of Land's End Marina
Dock, Key West
Station #163 - At 20 ft. south of Marker #27 S.E. of Wisteria Island, Key West
Station #164 - Atlantic Ocean at 1/4 mile W.N.W. of Key West sewage outfall
Station #165 - Key West sewage outfall plume
K-21
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Summary of February 2.5, 1935 Public Workshop in Marathon