Item I2Meeting Date: January 20, 2016 Department Planning & Environmental Resources
Bulk Item: Yes No X Staff Contact Person/Phone #: Mayte Santamaria 289-2562
AGENDA ITEM WORDING: Discussion of text amendments to allow maintenance dredging in
canals with seagrasses to maintain navigability.
ITEM BACKGROUND: At the October 21, 2015 BGCC meeting, there was a Sounding Board item to
"speak to the County Commissioners in regards to Duck Key Property Owner's Association concerns
regarding decreasing water quality and accessibility in the renowned free flowing waterways that
intersect the five islands that compromise Duck Key" by Sherry Popham. Mrs. Popham, representing
Duck Key residents and Duck Key Property Owner's Association, provided a hand-out to the BGCC
regarding Duck Key Canal Restoration (attached), which identified 8 areas in Duck Key that have silted
up to less than 5ft of depth at low tide. Mrs. Popham noted that no appreciable maintenance has been
performed since construction of the canals 60+ years ago. Mrs, Popham described the canal system as
free -flowing, teaming with sea life and seagrass, and with good water quality. Ms. Popham also
described the creation of an attractive nuisance with the white sand deposition in the entrance canal
(described in the hand-out as Area F), creating a white sandy beach within the canal. The movement of
deposits of sand from storm events, water quality, property value impacts and navigability issues were
mentioned. The Duck Key residents, represented by Ms. Popham, asked the BGCC to consider
modifying the current County prohibitions (i.e. allow maintenance dredging where there are seagrasses
and hardbottom communities) that prevent the restoration of the canals. Duck Key representatives have
reviewed the various governmental agency requirements and noted that they believe the requirements of
the state and federal agencies can be met but cannot move forward with the County's prohibition on
maintenance dredging in areas with seagrass beds or characterized by hardbottom communities.
The BGCC discussed the possibility of a specific Comprehensive Plan amendment to address canal
maintenance and asked County staff to bring back potential options (not to open uncontrolled dredging or
to allow the creation of new canals) for consideration. If the BGCC is considering the potential
amendments of the Comprehensive Plan and Land Development Code, staff suggests that the Duck Key
residents apply for text amendments to the Comprehensive Plan and Land Development Code..
Attached are excerpts of the current, adopted Monroe County Comprehensive Plan and Land
Development Code related to maintenance dredging. Additionally, attached is a potential Comprehensive
Plan and Land. Development Code amendment option,
PREVIOUS RELEVANT BOCC ACTION:
On April 18, 2013, the BGCC reviewed a private application for a proposed text amendment to the
Comprehensive Plan to establish sub -area policies applicable to a specific geographic area of submerged
lands, create site -specific parameters for the re -dredging of privately -owned submerged lands with benthic
resources to facilitate navigational access and to define the specific, limited circumstances and conditions
which must be met to allow the re -dredging. The BGCC voted to not transmit the amendment.
On March 21, 2014, the BGCC reviewed draft amendments to the Comprehensive Plan for the 2030
Comprehensive Plan update project and directed staff to develop a text amendment to alloy maintenance
dredging the mouth of a canal to restore navigational access,
Can July 23, 2014, the BOCC reviewed draft amendments to the Comprehensive Plan for the 2030
Comprehensive Plan update project, including text amendments to allow maintenance dredging the mouth
(entrance) of a canal. The BOCC recommended maintaining the proposed amendment in the 2030
Comprehensive Plan update draft.
On October 7, 2014, the BOCC reviewed draft amendments to the Comprehensive Plan for the 2030
Comprehensive Plan update project, including text amendments to allow maintenance dredging the mouth of
a canal. The BOCC directed deletion of the proposed amendments relating to maintenance dredging the
mouth (entrance) of a canal.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: n/a
TOTAL COST: n/a INDIRECT COST:
BUDGETED: Yes No
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REVENUE PRODUCING: Yes— No x AMOUNT PER MONTH —
APPROVED BY: County Attyi OMB/Purchasing Risk Management
DOCUMENTATION- Included x Not Required
DISPOSITION: AGEN
M
Comprehensive Plan
Objective 202.8
Monroe County shall maintain Land Development Regulations which implement county policies
preventing the continued loss of benthic resources, improving water quality and controlling
pollutant discharges into surface waters from dredge and fill activities.
Policy 202.8.1
Monroe County shall support state and federal policies and regulations concerning the permitting
of dredge and fill activity, except in those instances where more stringent regulations adopted by
Monroe County shall be maintained.
Policy 202.8.2
No new dredging shall be permitted in Monroe County
Palley 202. .3
No maintenance dredging shall be permitted within areas vegetated with seagrass bens or
characterized by hardbottom communities except for maintenance in public navigation channels.
Policy 202.8.4
In order to facilitate establishment and prevent degradation of bottom vegetation, maintenance
dredging in artificial waterways shall not exceed depths greater than minus six (-G) feet mean.
low water. This policy does not apply to the entrance channels into ley rest harbor and Safe
Harbor.
=■IT 11�1�1�iITF�
Sec. 18-0. - Environmental design for specific habitat types.
In addition to the general criteria set forth in this chapter, specific criteria shall apply to
individual habitats as outlined in this section.
(4) Mangroves, wetlands, and submerged lands.
All structures developed, used or occupied on land classified as mangroves, wetlands or
submerged lands (all types and all levels of duality) shall be designed, located and constructed
such that:
a. Generally. Only docks and docking facilities, boat ramps, walkways, water access
walkways, water observation platforms, boat shelters, nonenclosed gazebos, riprap,
seawalls, bulkheads, and utility pilings shall be permitted on or over mangroves,
wetlands, and submerged lands, subject to the specific restrictions of this subsection.
These restrictions shall not apply to disturbed wetlands that have been lawfully
converted into uplands through filling. Trimming and/or removal of mangroves shall
meet Florida Department of Environmental Protection requirements.
b. Protection of circulation patterns. Shoreline structures shall be designed to protect
tidal flushing and circulation patterns.
c. Dredging. The following restrictions shall apply to dredging activities:
1. No new dredging shall be allowed in the county except as specified for boat
ramps in section 118-12(1) (shoreline setback, boat ramps).
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2. No maintenance dredging shall be permitted within areas vegetated with
seagrass beds or characterised by hard bottom communities except for
maintenance dredging in public navigation channels.
3. In order to facilitate establishment and prevent degradation of bottom
vegetation, maintenance dredging in artificial waterways shall not exceed
depths greater than six feet at mean low water (MLW). This restriction does not
apply to the entrance channels into Key West Harbor and Safe Harbor.
4. All dredged spoil materials shall be placed on permitted upland sites
designed and located to prevent runoff of spoil material into wetlands or
surface waters.
5. All dredge activities require approvals by the Florida Department of
Environmental Protection and the U.S. Army Corps of Engineers prior to
issuance of a county permit.
6. Exemptions:
a. Pursuant to Policy 202.8.6, canal restoration projects developed to
determine the effectiveness of water quality strategies of the Florida Keys
National Marine ,Sanctuary Water Quality Protection Program that meet
the following criteria are exempt from the restrictions in [subsection]
(4)c.2:
i. Projects are limited to previously dredged artificial canals
characterized as having poor or fair water quality within the 2013
Monroe County Canal Management Master Plan;
ii. Projects are performed or funded by public entities (county, state,
or federal) for organic material removal; and
i. Projects are backfilled to a depth of six to eight feet, or an
alternative depth as determined by best available scientific data and.
authorized by the state and federal permitting agencies; and
iv. Hydraulic (vacuun7) dredging shall be considered the preferred
means of removal of the organic material. If hydraulic dredging is not
proposed to accomplish the organic material removal, a public
hearing before the board of county commissioners (BCCC) shall be
required prior to issuance of a county permit.
b. Pursuant to Policy 202.8.6, two demonstration pilot canal restoration
projects to remove decomposing organic material from previously dredged
artificial canals (down to the bedrock) without backfilling will be
performed and evaluated for effectiveness. Water quality monitoring of
these two organic removal pilot projects shall be conducted at a two-year
point of time and a ten-year point of time after completion of the pilot
projects, and a water quality report shall be reviewed to determine the
effectiveness in improving dissolved oxygen concentrations, as identified
in the surface wager quality criteria in Chapter 62-302.530, l~.A.C., in the
two organic removal pilot projects canals.
d. Placement of fill. No fill shall be permitted in any mangroves, wetlands, or
submerged lands except:.
1. As specifically allowed by this section or by section 118-12(k) and (1)
shoreline setbacks, bulkheads, seawalls, riprap and boat ramps);
2. To fill a manmade, excavated water body such as a canal, boat ramp, boat
slip, boat basin or swimming pool if the county biologist determines that such
2
filling will not have a significant adverse impact on marine or wetland
communities,
3. As needed for shoreline stabilization or beach renourishment projects with a
valid public purpose that furthers the goals of the Monroe County
Comprehensive Plan, as determined by the: county biologist;
4. For bridges extending over salt marsh and/or buttonwood association
wetlands that are required to provide automobile or pedestrian access to
dwelling units located on upland areas within the same property for which there
is no alternate means of access. Such bridges shall be elevated on pilings so
that the natural movement of water, including volume, rate and direction of
flow shall not be disrupted or altered; or
5. As approved for Disturbed Salt Marsh and. Buttonwood Association
Wetlands with appropriate mitigation as defined by the wetland regulations of
subsection (d)(6) of this section.
All such projects shall require approval by the Florida Department of
Environmental Protection and the U.S. Array Corps of Engineers prior to issuance
of a county building permit.
e. After -the -fast exclusion. No after -the -fact permits shall be issued that violate the
county dredge and filling regulations. All fill shall be removed and all damages
mitigated.
Section 101-1:
Dredging means excavation below water level or in wetlands.
Maintenance means that action taken to restore or preserve the functional intent of any facility or
system.
r c. I4r ,-rl—m—en-f—oT 'nvironmen a ue private aI
follows -public channel, as
Rule 18-21.003 Definitions.
When used in these rules, the following definitions shall apply unless the context clearly indicates
otherwise:.
(46) "Private channel" means a channel that is dredged or maintained by private entities to
provide access to or from such locations as private residences, marinas, yacht clubs, vessel repair
facilities, or revenue -generating facilities.
(50) "Public channel" means a channel that is constructed or maintained by a public entity such
as a federal or state agency, local government, or inland navigation district listed in Chapter 374,
F.S., or that is part of a public navigation project, public water management project, or a
deepwater port listed in Section 403.021(9)(b), F.S.
(52) "Public navigation project" means an activity primarily for the purpose of navigation which
is authorized and funded by the United. States Congress or by port authorities as defined by
Section 315.02(2), F.S.
3
Section 373.403,1F'. F.S. Definitions. —
When appearing in this part or in any rule, regulation, or order adopted pursuant thereto, the following
terms mean:
(8) "Maintenance" or "repairs" means remedial work of a nature as may affect the safety of any
dam, impoundment, reservoir, or appurtenant work or works, but excludes routine custodial
maintenance.
(13) "Dredging" means excavation., by any means, in surface waters or wetlands, as delineated in s.
373.421(1). It also means the excavation, or creation, of a water body which is, or is to be,
connected to surface waters or wetlands, as delineated in s. 373.421(l ), directly or via an
excavated water body or series of water bodies.
(14) "Filling" means the deposition, by any means, of materials in surface waters or wetlands, as
delineated in s. 373.421(1).
403.803 Definitions. —When used in this act, the term,phrase, or word:
(2) "Canal" is a manmade trench, the bottom of which is normally covered by water with the upper
edges of its sides normally above water.
(3) "Channel" is a trench, the bottom of which is normally covered entirely by water, with the
upper edges of its sides normally below water.
Rule 2-312.020 Definitions.
(7) "Dredging" is the excavation, by any means, in waters of the state. It is also the excavation (or
creation) of a water body which is, or is to be, connected to any of the waters listed in subsection
62-31.2.030(2), F.A.C., directly or via an excavated water body or series of excavated water
bodies.
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Objective 202.4
Monroe County shall a4ept--maintain /Hand Ddevelopment Rregulations which implement county
policies controlling pollutant discharges into surface waters from dredge and fill activities.—[-9-J-
5.01 < 01 zr 163.3177(6)d.2.b., F.S; §163.3177(6)d.2.e., F.S.1
Policy
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Policy 202..2
No new dredging shall be permitted in Monroe County. [9i 0 2(3)( ),
f ss" 163.3177(6)d.2-,3and S-, ' .b., F.S, " 163.3177(6�d.2)(c)
Policy 202.84.3
Channels: No maintenance dredging shall be permitted within areas vegetated with
seagrass beds or characterized by hardbottorn communities except for maintenance in
public navigation channels.
Canals: Maintenance dred2in2 may be permitted within a previously dredLyed artificial
canal, including areas vegetated with seagrass beds or characterized by hardbottom
communities, to restore navigational access due to storm depositions and preserve the
function of the artificial canal, subject to the requirements in Policy 2i12.4.4. P)J-
, , . l 163.3177(6)d.2.b.., F.S,
163.31.77(6)d.2.e., F.S.1
Policy 202.84.4
In artificial canals with deposits of sand from storm events. maintenance dred2inE may be
permitted to facilitate navigational access and/or restore the function of the canal
provided that:
• Shoaling and sedimentation has reduced the reasonable access to open water.
• The maintenance dredging cannot be used to dredge natural barriers (areas that
have not been previously dredged) separating a canal or canals stem from
adjacent wetlands and/or other surface waters.
• The maintenance dredging shall not exceed depths greater than minxes six (-6) feet
mean low water, or to the depths of refusal (rock), whichever is more restrictive
(e.g. the shallowest depth shall control
• The maintenance dredging methodology shall not cause degradation of water
quality or secondary and/or cumulative impacts to surrounding benthic resources.
• Turbidity controls shall be used to prevent reduction of light availability to
sea-arasses and increased sedimentation in adiacent surface waters and benthic
resources.
• The quantity of mitigation for seaffrassihardbottom community resource impacts
shall meet the requirements specified by the State of Florida's Uniform Mitigation
Assessment Method (UMAM).
® The applicants shall provide justification that the proposed maintenance dredge is
in the `public interest.' (Public lnterest means demonstrable environmental
social, and economic benefits which would accrue to the public at large as a result
of a provosed action.
Policy 202.84. 4
In order to estab';sh p&t' *prevent degradation of bottom vegetation, maintenance
dredging in artificial waterways shall not exceed depths greater than minus six (-6) feet
mean low water. This policy does not apply to the entrance channels into ley Nest
Harbor and Safe Harbor. {9.1 and 8; 9i 5 (2)(e)l and .
[§l63.3177(6)d.2.b.r F.S• §163.3177(6)d.2.e. F.S.I
Policy 202.84.65
All dredged spoil resulting from maintenance dredging shall be placed on permitted.
upland sites where drainage can be contained on -Site. ni-5.012(3)(e) 2 3 and 9$ 9i
073("Il o an ,6 [ 163.3177(6)d.2.b., F.S; §163.3177(6)d.2.e., F.S.
Policy 202.84. 6
No "after -the -Fact" permits shall be issued that violate Monroe County dredge and fill
regulations. All illegal structures and fill shall be removed and damages mitigated.
(3)64 [j163.3177f6)d.2.b., F.S,
163.3177(6)d.2.e.,F.S.1
X
Sec. 118-10. - Environmental design for specific habitat types.
n addition to the general criteria set forth in this chapter, specific criteria shall apply to
individual habitats as outlined in this section.
(4) Mangroves, wetlands, and submerged lands.
All structures developed, used or occupied on land classified as mangroves, wetlands or
submerged lands "all types and all levels of quality) shall be designed, located and constructed
such that:
a. Generally. Only docks and docking facilities, boat ramps, walkways, water access
walkways, water observation platforms, boat shelters, nonenclosed gazebos, riprap,
seawalls, bulkheads, and utility pilings shall be permitted on or over mangroves,
wetlands, and submerged lands, subject to the specific restrictions of this subsection.
These restrictions shall not apply to disturbed wetlands that have been lawfully
converted into uplands through filling. Trimming and/or removal of mangroves shall
meet Florida Department of Environmental Protection requirements.
b. Protection of circulation patterns. Shoreline structures shall be designed to protect
tidal flushing and circulation patterns.
c. Dredging. The fallowing restrictions shall apply to dredging activities:
1. No new dredging shall be allowed in the county except as specified for boat
ramps in section 118-12(1) (shoreline setback, boat ramps).
2. Channels: No maintenance dredging shall be permitted within areas
vegetated with seagrass beds or characterized by hard bottom communities
except for maintenance dredging in public navigation charnels.
3. Canals: Maintenance dredging may be permitted within a previously dredged
artificial canal, including areas vegetated with seagrass beds or characterized
by hardbottom communities, to restore navigational access due to storm
depositions and preserve the function of the artificial canal subject to the
requirements in Policy 202.4.4.
4-3. In order to facilitate establishment and prevent degradation of bottom
vegetation, maintenance dredging in artificial waterways shall not exceed
depths greater than six feet at mean low water (MLW). This restriction does not
apply to the entrance channels into Key West Harbor and Safe Harbor.
54. All dredged spoil materials shall be placed on permitted upland sites
designed and located to prevent runoff of spoil material into wetlands or
surface waters.
6-5. All dredge activities require approvals by the Florida Department of
Environmental Protection and the U.S. Army Corps of Engineers prior to
issuance of a county permit.
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N
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I
Duck Key canals created more than 60 years ago
3 miles of canal's and perimeter
waterways
w i w w
canalsll)
DK open at both endsallowing •currents
throughto course e of onily 3 keys with
'clean'
water
While in general h w ', w are in good shape, some
are •'' up due to currents and storms
Hurricanes Georges and Wilma accelerated silting and
damaged the south breakwall, partially repaired
No appreciable maintenance performedsince
surveyThe Duck Key Property Owners Association
conducted a , residents'
* Canal !'' ! a was it second
highest
priority more80% suppor
e A team of DKPO;A directors was asked to study
the feasibility of restoring the canals
0 0
DKPiOA commissioned an •+ •
survey til,
silting
determine the extent of the
ACoE/DEP Rules
Maximum canal depth 5'at low
tide
Must mitigate damage to the environment
(live coral and sea grass)
May channels,e new
•
drain before
transportation
Bathymetric
8 areas were identified that have silted up to less
than 5' depth at low t
- basin ' and under docks
— South/east pe:rimeter canal south of the HK pond (B
— South/east inside canal near the: main south entry (I
— South/west perimeter canal at the main, south entry
and about length iwest
entry
— South/west inside canal at elbow blend opposite the
alliburton property
Northi along Bimini Drive (G)
West shoreof • • (H)
PROJEi
LOCATI
nLl 7 L.) lQk f
I�EGEND,
Surveyed Areas
SPECIFIC PURPOSE SURVEY
DUCK KEY, FLORIDA
INDEX OF SHEETS,
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i0CA,WW1KfY VAP
SURVEYORS NOTES
CERTIFICATIM
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