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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
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Mayor Pro Tern Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
December 13, 2017
Agenda Item Number: PA
Agenda Item Summary #3613
BULK ITEM: No DEPARTMENT: Planning /Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A resolution transmitting to the State Land Planning Agency an
ordinance by the Monroe County Board of County Commissioners amending the Monroe County
Year 2030 Comprehensive Plan to include the definition of Perimeter Canal in the Glossary;
amending Policy 202.4.3 and creating new Policy 202.4.4 to allow maintenance dredging within
areas vegetated with seagrass beds or characterized by hardbottom communities within the canals of
Duck Key (MM 61) in order to restore navigational access; limited to previously dredged canals; not
to exceed depths of greater than minus six feet MLW; provided there is no degradation of water
quality or impact on surrounding benthic resources; requiring mitigation for impacts within the
dredged area; provided the proposed dredging is in the public interest; as proposed by Demetrio Brid
and Duck Key Community Benefit Inc.; providing for severability; providing for repeal of
conflicting provisions; providing for transmittal to the State Land Planning Agency and the
Secretary of State; providing for inclusion in the Monroe County Comprehensive Plan; providing for
an effective date.
ITEM BACKGROUND:
Demetrio Brid and Duck Key Community Benefit are proposing a Comprehensive Plan text
amendment to allow maintenance dredging within areas vegetated with seagrass beds or
characterized by hardbottom communities within the canals of Duck Key (MM 61) in order to
restore navigational access, provided certain conditions are met.
In 2014, as part of the 2030 Comprehensive Plan EAR -based update project, the BOCC directed
staff to develop Comprehensive Plan text amendments regarding maintenance dredging at the mouth
of a canal to restore navigational access. In the final stages of the comp plan update project, the
BOCC directed staff to not include the amendments regarding maintenance dredging.
On January 20, 2016, at a regularly scheduled BOCC meeting, there was a discussion item on the
agenda regarding "text amendments to allow maintenance dredging in canals with seagrasses to
maintain navigability," as a follow -up to an October 21, 2015, Sounding Board discussion. Staff
presented draft amendment language during the January 20, 2016, discussion item and the BOCC
provided the following direction:
— the Duck Key property owners should apply for the applicable text amendments;
— the BOCC would be willing to consider such amendments if limited to previously
dredged manmade canals and possibly previously dredged manmade perimeter canals,
but not for open water, basins, or channels;
— the BOCC was favorable towards changing "storm depositions" to "sedimentary
deposition," "natural sedimentary depositions," or similar language;
— the BOCC was favorable towards limiting eligible canals to those adjacent to developed
properties or those needed to maintain contiguous transportation from developed
properties to open water, or similar language; and,
— the BOCC was not in favor of allowing maintenance dredging in areas with benthic
resources in channels, even if at the mouth of a canal — areas where both edges are under
water.
The currently proposed amendment was reviewed by the Monroe County Planning Commission
(PC) on August 30, 2017, and the PC recommended approval of the following proposed language:
Glossary:
Perimeter Canal means a manmade trench, the bottom of which is normally covered by water with
one of the upper edges of its sides normally above water and the other edge below water.
Policy 202.4.3
No maintenance dredging shall be permitted within areas vegetated with seagrass beds or
characterized by hardbottom communities, except for maintenance in public navigation channels in
canal restoration projects pursuant to Policy 202.4.6; or in the manmade artificial canals of Duck
Key (MM 61 ),pursuant to Florida Department of Environmental Protection and U.S. Army Corps of
Engineers permits, to restore navigational access obstructed by natural depositions, subject to the
requirements in Policy 202.4.4
Policy 202.4.4
Within the manmade artificial canals of Duck Key (MM 61), maintenance dredging within areas
vegetated with seagrass beds or characterized by hardbottom communities may be permitted to
restore navigational access, provided that:
1. Shoaling or natural deposition has obstructed or reduced reasonable access to open water;
2. The maintenance dredging cannot be used to dredge natural barriers (areas that have not
been previously dredged) separating canals from adjacent wetlands and/or other surface
waters;
3. The maintenance dredging shall not exceed depths greater than minus six ( -6) feet mean
low water, or to the depths of refusal (rock), whichever is more restrictive (e.g. the
shallowest depth shall control);
4. The maintenance dredging methodology shall not cause degradation of water quality or
secondary and/or cumulative impacts to surrounding benthic resources;
5. Turbidity controls shall be used to prevent reduction of light availability to seagrasses
and increased sedimentation in adjacent surface waters and benthic resources;
6. The quantity of mitigation for seagrass/hardbottom community resource impacts shall
meet the requirements specified by the State of Florida's Uniform Mitigation Assessment
Method (UMAM); and
7. The proposed maintenance dredging is in the "public interest" (for the purposes of this
policy, "public interest" means demonstrable environmental, social, and economic
benefits which would accrue to the public at large as a result of a proposed action). The
applicant shall be responsible for providing_ justification that the proposed maintenance
dredging is in the "public interest."
As a note, when the PC reviewed this proposed amendment, they asked if the BOCC would consider
directing staff to propose a county -wide amendment to address maintenance dredging of canals.
PREVIOUS RELEVANT BOCC ACTION:
BOCC 12/10/14 (Comp Plan Update meeting) — BOCC directed staff to develop a text amendment
to allow maintenance dredging at the mouth of a canal to restore navigational access.
BOCC 7/23/14 (Comp Plan Update meeting) — BOCC recommended maintaining the proposed
amendment regarding dredging in the 2030 Comprehensive Plan update draft.
BOCC 10/7/14 — (Comp Plan Update meeting) — BOCC directed deletion of the proposed
amendments relating to maintenance dredging at the mouth (entrance) of a canal.
BOCC 10/21/15 — Sounding Board item regarding 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. BOCC directed staff to bring
back potential options for BOCC discussion.
BOCC 1/20/16 — Discussion item (agenda item I2) regarding text amendments to allow maintenance
dredging in canals with seagrasses to maintain navigability. Staff provided draft potential
amendment language. BOCC provided direction regarding favorable and unfavorable portions of the
potential amendment, and changes to draft language.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff recommends APPROVAL of the proposed amendments.
DOCUMENTATION:
Transmittal Reso - Duck Key Dredging CP amendment
Ord - Duck Key Dredging CP amendment
Staff Report - CP Amendment - Duck Key Dredging
Exhibit 1 to staff report - DKPOA Handout
Exhibit 2 to staff report - Discussion Item I2 and transcript
Exhibit 3 to Staff Report PC Resolution P31 -17
Corresponding LDC amendment - Duck Key Dredging
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Mayte Santamaria
Completed
Assistant County Administrator Christine Hurley
11/28/2017 8:56 AM
Steve Williams
Completed
Jaclyn Carnago
Completed
Emily Schemper
Skipped
Budget and Finance
Skipped
Maria Slavik
Skipped
Mayte Santamaria
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
11/21/2017 12:18 PM
Completed
11/28/2017 9:41 AM
11/28/2017 10:04 AM
11/28/2017 2:23 PM
11/18/2017 4:35 PM
11/18/2017 4:35 PM
11/28/2017 2:25 PM
11/28/2017 3:21 PM
12/13/2017 9:00 AM
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8 MONROE COUNTY, FLORIDA
9 BOARD OF COUNTY COMMISSIONERS
10 RESOLUTION NO. -2017
11
12 A RESOLUTION BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS TRANSMITTING TO THE
14 STATE LAND PLANNING AGENCY AN ORDINANCE BY
15 THE MONROE COUNTY BOARD OF COUNTY
16 COMMISSIONERS AMENDING THE MONROE COUNTY
17 YEAR 2030 COMPREHENSIVE PLAN TO INCLUDE THE
18 DEFINITION OF PERIMETER CANAL IN THE GLOSSARY;
19 AMENDING POLICY 202.4.3 AND CREATING NEW POLICY
20 202.4.4 TO ALLOW MAINTENANCE DREDGING WITHIN
21 AREAS VEGETATED WITH SEAGRASS BEDS OR
22 CHARACTERIZED BY HARDBOTTOM COMMUNITIES
23 WITHIN THE CANALS OF DUCK KEY (MM 61) IN ORDER
24 TO RESTORE NAVIGATIONAL ACCESS; LIMITED TO
25 PREVIOUSLY DREDGED CANALS; NOT TO EXCEED
26 DEPTHS OF GREATER THAN MINUS SIX FEET MLW;
27 PROVIDED THERE IS NO DEGRADATION OF WATER
28 QUALITY OR IMPACT ON SURROUNDING BENTHIC
29 RESOURCES; REQUIRING MITIGATION FOR IMPACTS
30 WITHIN THE DREDGED AREA; PROVIDED THE PROPOSED
31 DREDGING IS IN THE PUBLIC INTEREST; AS PROPOSED
32 BY DEMETRIO BRID AND DUCK KEY COMMUNITY
33 BENEFIT INC.; PROVIDING FOR SEVERABILITY;
34 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
35 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
36 PLANNING AGENCY AND THE SECRETARY OF STATE;
37 PROVIDING FOR INCLUSION IN THE MONROE COUNTY
38 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
39 DATE.
40
41
42 WHEREAS, the Monroe County Board of County Commissioners conducted a public
43 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
44 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
45 recommendations and comments, and to the other Reviewing Agencies as defined in See.
Resolution No. -2017 Page 1 of 2
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163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
Year 2030 Comprehensive Plan as described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the requested text amendment;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Board of County Commissioners does hereby adopt the recommendation of
the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
for adoption of the proposed text amendment.
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendment to the State Land Planning Agency for review and comment in
accordance with the State Coordinated Review process pursuant to Section
163.3184(4), Florida Statutes.
Section 3 . The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of Section 163.3184(4), Florida Statutes.
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 13 day of December, 2017.
Mayor David Rice
Mayor Pro Tem Sylvia Murphy
Commissioner Danny L. Kolhage
Commissioner George Neugent
Commissioner Heather Carruthers
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
:'
Mayor David Rice
(SEAL)
ATTEST: KEVIN MADOK, CLERK
DEPUTY CLERK
MON O COUNTY A TTQRNEY
A V AS TO 7W
•...,.JAMS
ASSISTAN T CQ NTY ATTORNEY
Dete f ! �a8�t 7
Resolution No. -2017
Page 2 of 2
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. -201
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
11 COUNTY COMMISSIONERS AMENDING THE MONROE
12 COUNTY YEAR 2030 COMPREHENSIVE PLAN TO INCLUDE
13 THE DEFINITION OF PERIMETER CANAL IN THE GLOSSARY;
14 AMENDING POLICY 202.4.3 AND CREATING NEW POLICY
15 202.4.4 TO ALLOW MAINTENANCE DREDGING WITHIN
16 AREAS VEGETATED WITH SEAGRASS BEDS OR
17 CHARACTERIZED BY HARDBOTTOM COMMUNITIES
18 WITHIN THE CANALS OF DUCK KEY (MM 61) IN ORDER TO
19 RESTORE NAVIGATIONAL ACCESS; LIMITED TO
20 PREVIOUSLY DREDGED CANALS; NOT TO EXCEED DEPTHS
21 OF GREATER THAN MINUS SIX FEET MLW; PROVIDED
22 THERE IS NO DEGRADATION OF WATER QUALITY OR
23 IMPACT ON SURROUNDING BENTHIC RESOURCES;
24 REQUIRING MITIGATION FOR IMPACTS WITHIN THE
25 DREDGED AREA; PROVIDED THE PROPOSED DREDGING IS
26 IN THE PUBLIC INTEREST; AS PROPOSED BY DEMETRIO
27 BRID AND DUCK KEY COMMUNITY BENEFIT INC.;
28 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
29 OF CONFLICTING PROVISIONS; PROVIDING FOR
30 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
31 AND THE SECRETARY OF STATE; PROVIDING FOR
32 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
33 PLAN; PROVIDING FOR AN EFFECTIVE DATE.
34
35
36 WHEREAS, on March 21, 2014, the BOCC reviewed draft amendments to the
37 Comprehensive Plan for the 2030 Comprehensive Plan update project and directed staff to
38 develop a text amendment to allow maintenance dredging at the mouth of a canal to restore
39 navigational access; and
40
41 WHEREAS, on July 23, 2014, the BOCC reviewed draft amendments to the
42 Comprehensive Plan for the 2030 Comprehensive Plan update project, including text
43 amendments to allow maintenance dredging at the mouth (entrance) of a canal; and at that time,
44 the BOCC recommended maintaining the proposed amendment in the 2030 Comprehensive Plan
45 update draft; and
46
Ord -201_
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I WHEREAS, on October 7, 2014, the BOCC reviewed draft amendments to the
2 Comprehensive Plan for the 2030 Comprehensive Plan update project, including text
3 amendments to allow maintenance dredging at the mouth of a canal; and the BOCC directed
4 deletion of the proposed amendments relating to maintenance dredging at the mouth (entrance)
5 of a canal; and
6
7 WHEREAS, on October 21, 2015, at a regularly scheduled BOCC meeting, there was a
8 Sounding Board item to discuss concerns regarding decreasing water quality and accessibility in
9 the canals of Duck Key; and
10
11 WHEREAS, on January 20, 2016, at a regularly scheduled BOCC meeting, as a follow -
12 up to the October 21, 2015 Sounding Board discussion, staff provided the BOCC with a potential
13 Comprehensive Plan and Land Development Cade amendment option based on the October 21,
14 2015 BOCC discussion and direction, and also recommended that the Duck Key residents submit
15 an application for such text amendments; and
16
17 WHEREAS, at the January 20, 2016, BOCC meeting, the BOCC gave the following
18 direction:
19 • the Duck Key property owners should apply for the applicable text amendments;
20 • the BOCC would be willing to consider such amendments if limited to previously
21 dredged manmade canals and possibly previously dredged manmade perimeter
22 canals, but not for open water, basins, or channels;
23 • the BOCC was favorable towards changing "storm depositions" to "sedimentary
24 deposition," "natural sedimentary depositions," or similar language;
25 • the BOCC was favorable towards limiting eligible canals to those adjacent to
26 developed properties or those needed to maintain contiguous transportation from
27 developed properties to open water, or similar language; and,
28 • the BOCC was not in favor of allowing maintenance dredging in areas with benthic
29 resources in channels, even if at the mouth of a canal — areas where both edges are
30 under water; and
31
32 WHEREAS, on October 28, 2016, the Planning and Environmental Resources
33 Department received an application from Trepanier & Associates on behalf of Demetrio Brid and
34 Duck Key Community Benefit, "the Applicant," (revised application received January 27, 2017)
35 to amend the Monroe County Year 2030 Comprehensive Plan to allow maintenance dredging
36 adjacent to Duck Key; and
37
38 WHEREAS, on February 21, 2017, the Monroe County Development Review
39 Committee (DRC) reviewed the proposed amendments and provided comments regarding
40 consistency with prior BOCC direction, and internal consistency with the newly adopted and
41 effective 2030 Comprehensive Plan; and
42
43 WHEREAS, following the February 21, 2017 DRC meeting, the Applicant submitted
44 revised amendment language to address the comments provided in the DRC staff report and
45 during the meeting; and
46
Ord -201_
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I WHEREAS, the proposed Comprehensive Plan amendment was scheduled for a public
2 hearing at the June 28, 2017, Planning Commission meeting, and granted a continuance to the
3 August 30, 2017 Planning Commission meeting, per a request by the Applicant; and
4
5 WHEREAS, on August 11, 2017, the Applicant submitted revised language for the
6 proposed Comprehensive Plan text amendment, which includes requests to add the definition of
7 Perimeter Canal in the Glossary; and to amend Policy 202.4.3 and create a new Policy (202.4.4)
8 to allow maintenance dredging within areas vegetated with seagrass beds or characterized by
9 hardbottom communities within the canals of Duck Key (mm 61) in order to restore navigational
10 access, limited to previously dredged canals systems; not to exceed depths of greater than minus
11 six feet MLW; provided there is no degradation of water quality or impact on surrounding
12 benthic resources; requiring mitigation for impacts within the dredged area; provided the
13 proposed dredging is in the public interest; and
14
15 WHEREAS, the Monroe County Planning Commission held a public hearing on the 30`
16 day of August, 2017, for review and recommendation on the proposed Comprehensive Plan text
17 amendment; and
18
19 WHEREAS, based upon the information and documentation submitted, the Planning
20 Commission made the following Findings of Fact and Conclusions of Law:
21
22 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
23 Monroe County Year 2030 Comprehensive Plan; and
24 2. The proposed amendment is consistent with the Principles for Guiding Development
25 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
26 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute.
27
28 WHEREAS, the Monroe County Planning Commission adopted a Resolution
29 recommending approval of the proposed amendment; and
30
31 WHEREAS, at a regular meeting held on the 13"' day of December 2017, the Monroe
32 County Board of County Commissioners held a public hearing to consider the transmittal of the
33 proposed text amendment, considered the staff report and provided for public comment and
34 public participation in accordance with the requirements of state law and the procedures adopted
35 for public participation in the planning process; and
36
37 WHEREAS, at the December 13, 2017, public hearing, the BOCC adopted Resolution
38 -201_, transmittal of the proposed text amendment to the State Land
39 Planning Agency; and
40
41 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
42 Objections, Recommendations and Comments (ORC) report, received by the County on
43 ; and
Ord -201_
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2 WHEREAS, the ORC report ; and
3
4 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
5 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
6
7 WHEREAS, at a regularly scheduled meeting on the _ day of , 201_, the
8 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
9 amendment;
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
12 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
13
14 Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby
15 amended as follows (Deletions are shown stricken through; additions are shown
16 underlined):
17
18 Glossary:
19 * * k
20 Perimeter Carnal means a manmade trench, the bottom of which is normally covered by
21 with one of the upper edges of its sides normally above water and the other edge below water.
22
23 Policy 202.4.3
24 No maintenance dredging shall be permitted within areas vegetated with seagrass beds or
25 characterized by hardbottom communities, except for maintenance in public navigation channels
26 in canal restoration projects pursuant to Policy 202.4.6; or in the manmade artificial canals of
27 Duck Key MM 61 pursuant to Florida Department of Environmental Protection and U.S.
28 Army Corps of Engineers permits to restore navigational access obstructed by natural
29 depositions, subject to the requirements in Policy 202.4.4
30
31 Policy 202.4.4
32 Within the manmade artificial canals of Duck Key (MM 61), maintenance dredging within areas
33 vegetated with sea grass beds or characterized by hardbottom communities may be permitted to
34 restore navigational access, provided that:
35 1. Shoaling or natural deposition has obstructed or reduced reasonable access to open water;
36 2. The maintenance dred in cannot be used to dredge natural barriers areas that have not
37 been previously dredged) separating canals from adjacent wetlands and /or other surface
38 waters;
Ord -201 _
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1 3. The maintenance dredging shall not exceed depths greater than minus six ( -6) feet mean
2 low water, or to the depths of refusal (rock), whichever is more restrictive (e.g. the
3 shallowest depth shall control);
4 4. The maintenance dredging methodology shall not cause degradation of water quality or
5 secondary and /or cumulative impacts to surrounding benthic resources;
6 5. Turbidity controls shall be used to prevent reduction of light availability to sea grasses
7 and increased sedimentation in adjacent surface waters and benthic resources•
8 6. The quantity of for seagrass /hardbottom community resource impacts shall
9 meet the requirements specified by the State of Florida's Uniform Mitigation Assessment
10 Method (UMAM); and
11 7. The proposed maintenance dred in is in the "public interest" for the purposes of this
12 policy, "public interest" means demonstrable environmental social and economic
13 benefits which would accrue to the public at large as a result of a proposed action). The
14 applicant shall be responsible for providing justification that the proposed maintenance_
15 dredging is in the "public interest."
16
17 Policy 202.4.
18 In order to prevent degradation of bottom vegetation, maintenance dredging in artificial
19 waterways shall not exceed depths greater than minus six ( -6) feet mean low water. This
20 policy does not apply to the entrance channels into Key West Harbor and Safe Harbor.
21
22 Policy 202.4.6-5
23 All dredged spoil resulting from maintenance dredging shall be placed on permitted upland
24 sites where drainage can be contained on -site.
25
26 Policy 202.4.75
27 Due to the physical structure, depth, and orientation of existing canals, water quality
28 problems have been caused which cannot be improved with wastewater treatment and
29 stormwater management practices alone. To implement the 2013 Monroe County Canal
30 Management Master Plan and improve water quality in artificial canals, the County is
31 developing canal restoration projects to improve tidal flushing, increase dissolved oxygen
32 concentrations as identified in the surface water quality criteria in Ch. 62- 302.530, F.A.C.,
33 and remove accumulated nutrients and decomposing organic material.
34
35 Canal restoration projects, developed to determine the effectiveness of water quality
36 strategies of the Florida Keys National Marine Sanctuary Water Quality Protection Program,
37 which are performed or funded by public entities (County, State, or Federal) for organic
38 material removal and backfilled to a depth of 6ft - 8ft, or an alternative depth as determined
39 by best available scientific data and authorized by the state and federal permitting agencies,
40 from artificial canals characterized as having poor or fair water quality within the 2013
41 Monroe County Canal Management Master Plan are exempt from the provisions in Policy
42 202.8.4.
43
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I Two (2) demonstration pilot canal restoration projects will remove decomposing organic
2 material from previously dredged artificial canals (down to the bedrock) without backfilling.
3 To evaluate the effectiveness of this removal strategy, without any backfilling, and to
4 determine if water quality can be restored and maintained, water quality monitoring of these
5 two (2) organic removal pilot projects shall be conducted at a two (2) year point of time and a
6 ten (10) year point of time after completion of the pilot projects. After the two (2) year and
7 ten (10) year monitoring, the County shall request a water quality report from the Water
8 Quality Protection Program (WQPP) to determine the pilot projects' effectiveness in
9 improving dissolved oxygen concentrations, as identified in the surface water quality criteria
10 in Ch. 62- 302.530, F.A.C., in the two (2) organic removal pilot projects canals. If the WQPP
1 I does not provide the water quality report, the County shall fund and conduct the water quality
12 report. If the water quality report for the two (2) year monitoring indicates improved water
13 quality, additional canal restoration projects, beyond the two (2) pilot projects, to perform
14 organic material removal to depths greater than minus six ( -6) feet mean low water without
15 backfilling to 6ft -8ft may proceed.
16
17 Upon determination of the two (2) pilot projects' effectiveness and an amendment to this
18 Policy, the exemption to the provisions in Policy 202.8.4 may be expanded beyond public
19 entities (County, State, or Federal) for organic material removal of previously dredged
20 artificial canals characterized as having poor or fair water quality within the 2013 Monroe
21 County Canal Management Master Plan. The organic material removal shall be allowed to
22 depths greater than minus six ( -6) feet mean low water, if permitted by Florida Department of
23 Environmental Protection or the Water Management District and the Army Corp of
24 Engineers.
25
26 For this policy, hydraulic (vacuum) dredging shall be considered the preferred means of
27 removal of the organic material. If hydraulic dredging is not proposed to accomplish the
28 organic material removal, a public hearing before the Board of County Commissioners
29 (BOCC) shall be required prior to issuance of a county permit. The BOCC shall hold a public
30 hearing on the request to use an alternative dredging methodology and shall consider the
31 cost, rationale, compatibility, complications and public comments. The public hearing shall
32 provide the applicant the opportunity to address the issues regarding the proposed canal
33 restoration project, including but not limited to, sediment size, logistical /accessibility
34 limitations, obstructions and /or equipment constraints. The BOCC may grant, grant with
35 conditions or deny the request to use an alternative dredging methodology.
36
37 Policy 202.4.8-7
38 No "after- the - fact" permits shall be issued that violate Monroe County dredge and fill
39 regulations. All illegal structures and fill shall be removed and damages mitigated.
40
41 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
42 provision of this ordinance is held invalid, the remainder of this ordinance shall
43 not be affected by such validity.
44
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Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
Statutes.
Section 5. Filinm and Effective Date. 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 State Land Planning Agency or Administration Commission finding
the amendment in compliance with Chapter 163, Florida Statutes and after any
applicable challenges have been resolved.
Section b. Inclusion in the Comprehensive Plan. The text amendment shall be
incorporated in the Monroe County Comprehensive Plan. The numbering of the
foregoing amendment may be renumbered to conform to the numbering in the
Monroe County Comprehensive Plan,
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of , 201.
Mayor David Rice
Mayor Pro Tem Sylvia Murphy
Commissioner Danny L. Kolbage
Commissioner George Neugent
Commissioner Heather Carruthers
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor David Rice
(SEAL)
ATTEST: KEVIN MADOK, CLERK
DEPUTY CLERK
%I ONROE COUNTY A ORNE' Y
AIR01,0VED AS R4�:
ASSI'S �e�
AMT UN "Y ATTORNEY
Dot®
it
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Ord -201_
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Mayt6 Santamaria, Senior Director of Planning and Environmental Resources
From: Emily Schemper, AICP, CFM, Assistant Director of Planning
Date: November 18, 2017
Subject: An ordinance by the Monroe County Board of County Commissioners amending the
Monroe County Year 2030 Comprehensive Plan to include the definition of Perimeter
Canal in the Glossary; amending Policy 202.4.3 and creating new Policy 202.4.4 to allow
maintenance dredging within areas vegetated with seagrass beds or characterized by
hardbottom communities within the canals of Duck Key (MM 61) in order to restore
navigational access; limited to previously dredged canals; not to exceed depths of greater
than minus six feet MLW; provided there is no degradation of water quality or impact on
surrounding benthic resources; requiring mitigation for impacts within the dredged area;
provided the proposed dredging is in the public interest; as proposed by Demetrio Brid
and Duck Key Community Benefit Inc. (File 2016 -183)
Meeting: December 13, 2017
I REQUEST
On October 28, 2016, the Planning and Environmental Resources Department received an
application from Trepanier & Associates on behalf of Demetrio Brid and Duck Key Community
Benefit, "the Applicant," (revised application received January 27, 2017) to amend the Monroe
County Year 2030 Comprehensive Plan to allow maintenance dredging adjacent to Duck Key. In
response to the staff report and staff discussion at the February 21, 2017 Development Review
Committee (DRC) meeting, the Applicant has revised their proposed amendment language several
times. The Applicant's current proposed language (received by Staff on August 11, 2017) requests
amendments to include the definition of Perimeter Canal in the Glossary; and to amend Policy
202.4.3 and create a new Policy (202.4.4) to allow maintenance dredging within areas vegetated with
seagrass beds or characterized by hardbottom communities within the canals of Duck Key (MM 61)
in order to restore navigational access, provided certain conditions are met. The Applicant has also
requested a corresponding Land Development Code (LDC) text amendment (File #2016 -184). The
subject of this staff report is the proposed Comprehensive Plan text amendment.
File 2016 -183 Page 1 of 18
II. BACKGROUND INFORMATION
Site Information
Duck Key is located at mile marker 61 along the Overseas Highway, between the City of Marathon
and Long Key. The island is the site of Hawk's Cay Resort, which has a Future Land Use Map
designation of Mixed Use /Commercial (MC); as well as approximately 660 parcels of land with
FLUM designations of Residential Medium (RM), of which approximately 370 are developed with
single family dwellings or duplexes (attached dwelling units). The proposed amendments would
affect waterways within and adjacent to Duck Key. The Applicant, Demetrio Brid, is a property
owner on Duck Key.
File 2016 -183 Page 2 of 18
Previous Relevant County Action and Direction
On March 21, 2014, the BOCC reviewed draft amendments to the Comprehensive Plan for the 2030
Comprehensive Plan update project and directed staff to develop a text amendment to allow
maintenance dredging at the mouth of a canal to restore navigational access.
On 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 at
the mouth (entrance) of a canal. At that time, 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 at
the mouth of a canal. The BOCC directed deletion of the proposed amendments relating to
maintenance dredging at the mouth (entrance) of a canal.
BOCC Sounding Board:
On October 21, 2015, at a regularly scheduled BOCC 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. Ms.
Popham, representing Duck Key residents and Duck Key Property Owner's Association, provided a
hand -out to the BOCC regarding Duck Key Canal Restoration (attached as Exhibit 1) which
identified eight areas in Duck Key that have silted up to less than 5ft of depth at low tide. Ms.
Popham noted that no appreciable maintenance has been performed since construction of the canals
60+ years ago. Ms. 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 BOCC to consider modifying the current County
prohibitions that prevent the restoration of the canals (i.e. to allow maintenance dredging where there
are seagrasses and hardbottom communities). 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 BOCC 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 BOCC discussion.
BOCC Discussion Item:
On January 20, 2016, at a regularly scheduled BOCC meeting, there was a discussion item on the
agenda regarding "text amendments to allow maintenance dredging in canals with seagrasses to
maintain navigability," as a follow -up to the October 21, 2015 Sounding Board discussion. Staff
provided the BOCC with a potential 2010 Comprehensive Plan and Land Development Code
amendment option based on the October 21, 2015 BOCC discussion, and also recommended that the
File 2016 -183 Page 3 of 18
Duck Key residents submit an application for such text amendments (the Agenda Item and a full
transcript of the discussion is attached as Exhibit 2).
As part of the discussion, Staff pointed out the distinction between canals, channels, basins, and
open water, and applied the definitions to each area that had been identified by Duck Key property
owners for potential maintenance dredging during the October 21, 2015 Sounding Board discussion.
Staff's potential text amendment language included provisions to allow maintenance dredging in
areas with benthic resources within canals only provided certain conditions are met, such as: no
maintenance dredging of natural barriers (no new dredging); maximum of depth of -6 feet mean low
water or depth of refusal (hit rock); methodology does not degrade the water quality or cause other
impacts to benthic communities; must provide turbidity controls to protect surrounding water
quality; must provide mitigation as required by state agencies; and the applicant has to provide
justification that it is within the public interest. Staff's original potential text amendment language as
presented at the January 20, 2016 meeting is included in Exhibit 2.
During the discussion, the BOCC considered potentially including perimeter canals as a type of
waterway allowed to maintenance dredge under the text amendment language presented by Staff.
Staff's proposed definition for perimeter canal was: a manmade trench, the bottom of which is
normally covered by water with one of the upper edges of its sides normally above water and the
other edge below water.
A property owner from Duck Key, addressed the BOCC and clarified that the property owners were
not proposing to dredge any of the areas shown on the map that qualify as channels, basins, or open
water.
Another member of the public addressed the BOCC and requested that the phrase "...to restore
navigational access due to storm depositions..." be changed to say "...to restore navigational access
due to sedimentary depositions..." in order to address bay side canals that have deposits of non-
storm related muck.
File 2016 -183 Page 4 of 18
On February 21, 2017, at a regularly scheduled meeting, the Monroe County DRC held a public
meeting to review and discuss the proposed text amendments. In response to the DRC staff report
and staff discussion at the meeting, the Applicant revised their proposed amendment language.
On August 30, 2017, at a regularly scheduled meeting, the Monroe County Planning Commission
(PC) held a public hearing to review and make a recommendation on the proposed amendments, and
to provide for public comment. The PC adopted Resolution #P31 -17, recommending approval of the
amendment to the BOCC, with several changes as proposed by staff and members of the PC at the
hearing.
Existing Adopted 2030 Comprehensive Plan Policies and LDC Regulations
2030 Comprehensive Plan:
CP Glossary:
Canal means a manmade trench, the bottom of which is normally covered by water with the upper edges
of its sides normally above water.
Channel means a trench, the bottom of which is normally covered entirely by water, with the upper edges
of its sides normally below water.
Dredging means excavation below water level or in wetlands.
Maintenance Dredging means the removal of shoaling and/or sedimentation in channels, basins, canals,
and harbors necessary to return such areas to their previous configurations, dimensions and depths.
Maintenance dredging is subject to specific conditions and limitations (e.g., natural resource restrictions
and dredged spoil disposal methods).
Public Navigation Channel means a channel that was constructed or is maintained by a public entity, such
as a federal or State agency, Monroe County or other local government for the purpose of transporting
people or goods for commerce, recreation or other purposes.
Objective 202.4
Monroe County shall maintain Land Development Regulations which implement county policies controlling
pollutant discharges into surface waters from dredge and fill activities.
Policy 202.4.1
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 202.4.2
No new dredging shall be permitted in Monroe County.
Policy 202.4.3
No maintenance dredging shall be permitted within areas vegetated with seagrass beds or characterized by
hardbottom communities, except for maintenance in public navigation channels.
File 2016 -183 Page 5 of 18
Policy 202.4.4
In order to 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 Key West Harbor and Safe Harbor.
Policy 202.4.5
All dredged spoil resulting from maintenance dredging shall be placed on permitted upland sites where
drainage can be contained on -site.
Policy 202.4.6
Due to the physical structure, depth, and orientation of existing canals, water quality problems have been
caused which cannot be improved with wastewater treatment and stormwater management practices alone. To
implement the 2013 Monroe County Canal Management Master Plan and improve water quality in artificial
canals, the County is developing canal restoration projects to improve tidal flushing, increase dissolved
oxygen concentrations as identified in the surface water quality criteria in Ch. 62- 302.530, F.A.C., and
remove accumulated nutrients and decomposing organic material.
Canal restoration projects, developed to determine the effectiveness of water quality strategies of the Florida
Keys National Marine Sanctuary Water Quality Protection Program, which are performed or funded by public
entities (County, State, or Federal) for organic material removal and backfilled to a depth of 6ft - 8ft, or an
alternative depth as determined by best available scientific data and authorized by the state and federal
permitting agencies, from artificial canals characterized as having poor or fair water quality within the 2013
Monroe County Canal Management Master Plan are exempt from the provisions in Policy 202.8.4.
Two (2) demonstration pilot canal restoration projects will remove decomposing organic material from
previously dredged artificial canals (down to the bedrock) without backfilling. To evaluate the effectiveness
of this removal strategy, without any backfilling, and to determine if water quality can be restored and
maintained, water quality monitoring of these two (2) organic removal pilot projects shall be conducted at a
two (2) year point of time and a ten (10) year point of time after completion of the pilot projects. After the two
(2) year and ten (10) year monitoring, the County shall request a water quality report from the Water Quality
Protection Program (WQPP) to determine the pilot projects' effectiveness in improving dissolved oxygen
concentrations, as identified in the surface water quality criteria in Ch. 62- 302.530, F.A.C., in the two (2)
organic removal pilot projects canals. If the WQPP does not provide the water quality report, the County shall
fund and conduct the water quality report. If the water quality report for the two (2) year monitoring indicates
improved water quality, additional canal restoration projects, beyond the two (2) pilot projects, to perform
organic material removal to depths greater than minus six ( -6) feet mean low water without backfilling to 6ft-
8ft may proceed.
Upon determination of the two (2) pilot projects' effectiveness and an amendment to this Policy, the
exemption to the provisions in Policy 202.8.4 may be expanded beyond public entities (County, State, or
Federal) for organic material removal of previously dredged artificial canals characterized as having poor or
fair water quality within the 2013 Monroe County Canal Management Master Plan. The organic material
removal shall be allowed to depths greater than minus six ( -6) feet mean low water, if permitted by Florida
Department of Environmental Protection or the Water Management District and the Army Corp of Engineers.
For this policy, hydraulic (vacuum) 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 (BOCC) shall be required prior to issuance of a county
permit. The BOCC shall hold a public hearing on the request to use an alternative dredging methodology and
shall consider the cost, rationale, compatibility, complications and public comments. The public hearing shall
provide the applicant the opportunity to address the issues regarding the proposed canal restoration project,
File 2016 -183 Page 6 of 18
including but not limited to, sediment size, logistical /accessibility limitations, obstructions and/or equipment
constraints. The BOCC may grant, grant with conditions or deny the request to use an alternative dredging
methodology.
Policy 202.4.7
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.
Land Development Code:
Sec. 101 -1. Definitions.
Canal means a manmade trench, the bottom of which is normally covered by water with the upper edges
of its sides normally above water.
Channel means a trench, the bottom of which is normally covered entirely by water, with the upper edges
of its sides normally below water.
Dredging means excavation below water level or in wetlands.
Maintenance dredging means the removal of shoaling and/or sedimentation in channels, basins, canals,
and harbors necessary to return such areas to their previous configurations, dimensions and depths.
Maintenance dredging is subject to specific conditions and limitations (e.g., natural resource restrictions
and dredged spoil disposal methods).
Sec. 118 -10. 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.
(d) 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:
(1) 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. Trimming and/or removal of mangroves shall meet Florida Department
of Environmental Protection requirements.
(2) Protection of circulation patterns. Shoreline structures shall be designed to protect tidal flushing and
circulation patterns.
(3) Dredging. The following restrictions shall apply to dredging activities:
a. No new dredging shall be allowed in the County except as specified for boat ramps in Section 118-
12(1) (shoreline setback, boat ramps).
b. 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
channels.
c. 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.
d. 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.
File 2016 -183 Page 7 of 18
e. All such projects shall require approval by the Florida Department of Environmental Protection and
the U.S. Army Corps of Engineers prior to the commencement of development or construction and/or
prior to the issuance of a County `Notice to Proceed.'
f. Exemptions:
1. 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 118- 10(d)(3)b:
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
iii. Projects are backfilled to a depth of six to eight feet (6ft - 8ft), or an alternative depth as
determined by best available scientific data and authorized by the state and federal permitting
agencies; and
iv. Hydraulic (vacuum) 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 (BOCC) shall be
required prior to issuance of a County permit.
2. Pursuant to Policy 202.8.6, two (2) 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 (2) organic removal pilot projects shall be conducted at a two- (2) year point of time and
a ten- (10) 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 water quality criteria in Ch. 62- 302.530, F.A.C., in the two (2) organic
removal pilot projects canals.
(4) Placement of fill. No fill shall be permitted in any mangroves, wetlands, or submerged lands except:
a. As specifically allowed by this Section or by Section 118 -12(k) (Bulkheads, Seawalls, Riprap) and
118 -12(1) (Boat Ramps);
b. 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 filling will not have a significant adverse
impact on marine or wetland communities;
c. 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;
d. For bridges extending over salt marsh and/or buttonwood association wetlands that are required to
provide automobile or pedestrian access to lawfully established 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
e. As approved for Disturbed Salt Marsh and Buttonwood Association Wetlands with appropriate
mitigation as defined by the wetland regulations of subsection (e)(6) of this Section.
(5) After- the -fact 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.
Relevant Definitions from Florida Administrative Code and Florida Statute
Florida Department of Environmental Rule 18- 21.003, F.A.C., provides definitions for private and
public channel, as follows:
File 2016 -183 Page 8 of 18
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.
Section 373.403, 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(1), 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 62- 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- 312.030(2),
F.A.C., directly or via an excavated water body or series of excavated water bodies.
III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT
Applicant's Proposed Comprehensive Plan Text Amendment,
including recommendations made by the Planning Commission in Reso P31 -17
The Applicant's proposed text, as submitted on August 11, 2017, is shown in Changes
recommended by the Planning Commission in Resolution P31 -17 (includes changes proposed by
staff and by Planning Commission at the PC hearing) are shown in purple with deletions as a double
bk_ thfe h, and additions as a double underline
File 2016 -183 Page 9 of 18
Glossary:
Policy 202.4.3
No maintenance dredging shall be permitted within areas vegetated with seagrass beds or
characterized by hardbottom communities, except for maintenance in public navigation channels° in
canal restoration riroiects pursuant to Policv 202.4.6:
in
within areas
venerated with sea ass beds or characterized by hardbottorn communities
Policy 202.4.54
In order to 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 Key West Harbor and Safe Harbor.
Policy 202.4.
All dredged spoil resulting from maintenance dredging shall be placed on permitted upland sites
where drainage can be contained on -site.
File 2016 -183 Page 10 of 18
Policy 202.4.76
Due to the physical structure, depth, and orientation of existing canals, water quality problems have
been caused which cannot be improved with wastewater treatment and stormwater management
practices alone. To implement the 2013 Monroe County Canal Management Master Plan and
improve water quality in artificial canals, the County is developing canal restoration projects to
improve tidal flushing, increase dissolved oxygen concentrations as identified in the surface water
quality criteria in Ch. 62- 302.530, F.A.C., and remove accumulated nutrients and decomposing
organic material.
Canal restoration projects, developed to determine the effectiveness of water quality strategies of the
Florida Keys National Marine Sanctuary Water Quality Protection Program, which are performed or
funded by public entities (County, State, or Federal) for organic material removal and backfilled to a
depth of 6ft - 8ft, or an alternative depth as determined by best available scientific data and
authorized by the state and federal permitting agencies, from artificial canals characterized as having
poor or fair water quality within the 2013 Monroe County Canal Management Master Plan are
exempt from the provisions in Policy 202.8.4.
Two (2) demonstration pilot canal restoration projects will remove decomposing organic material
from previously dredged artificial canals (down to the bedrock) without backfilling. To evaluate the
effectiveness of this removal strategy, without any backfilling, and to determine if water quality can
be restored and maintained, water quality monitoring of these two (2) organic removal pilot projects
shall be conducted at a two (2) year point of time and a ten (10) year point of time after completion
of the pilot projects. After the two (2) year and ten (10) year monitoring, the County shall request a
water quality report from the Water Quality Protection Program (WQPP) to determine the pilot
projects' effectiveness in improving dissolved oxygen concentrations, as identified in the surface
water quality criteria in Ch. 62- 302.530, F.A.C., in the two (2) organic removal pilot projects canals.
If the WQPP does not provide the water quality report, the County shall fund and conduct the water
quality report. If the water quality report for the two (2) year monitoring indicates improved water
quality, additional canal restoration projects, beyond the two (2) pilot projects, to perform organic
material removal to depths greater than minus six ( -6) feet mean low water without backfilling to
6ft -8ft may proceed.
Upon determination of the two (2) pilot projects' effectiveness and an amendment to this Policy, the
exemption to the provisions in Policy 202.8.4 may be expanded beyond public entities (County,
State, or Federal) for organic material removal of previously dredged artificial canals characterized
as having poor or fair water quality within the 2013 Monroe County Canal Management Master
Plan. The organic material removal shall be allowed to depths greater than minus six ( -6) feet mean
low water, if permitted by Florida Department of Environmental Protection or the Water
Management District and the Army Corp of Engineers.
For this policy, hydraulic (vacuum) 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 (BOCC) shall be required
prior to issuance of a county permit. The BOCC shall hold a public hearing on the request to use an
alternative dredging methodology and shall consider the cost, rationale, compatibility, complications
and public comments. The public hearing shall provide the applicant the opportunity to address the
File 2016 -183 Page 11 of 18
issues regarding the proposed canal restoration project, including but not limited to, sediment size,
logistical /accessibility limitations, obstructions and/or equipment constraints. The BOCC may grant,
grant with conditions or deny the request to use an alternative dredging methodology.
Policy 202.4.8
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.
Monroe
IV. ANALYSIS OF PROPOSED AMENDMENT
The current adopted Monroe County 2030 Comprehensive Plan prohibits new dredging and prohibits
maintenance dredging in areas vegetated with seagrass beds or characterized by hardbottom
communities.
Policy 202.4.2
No new dredging shall be permitted in Monroe County.
Policy 202.4.3
No maintenance dredging shall be permitted within areas vegetated with seagrass beds or
characterized by hardbottom communities, except for maintenance in public navigation
channels.
As described in the June staff report, the Monroe County Board of County Commissioners (BOCC)
has previously expressed a willingness to consider a text amendment that would allow maintenance
dredging in areas vegetated with seagrass beds or characterized by hardbottom communities, only
within canals and possibly perimeter canals
The proposed text amendment language is largely based on the language presented to the BOCC by
Staff at the January 20, 2016 BOCC meeting. The Applicant's proposal also incorporates several
changes directed by the BOCC at that meeting.
File 2016 -183 Page 12 of 18
In reviewing the revised proposal for internal consistency with the newly adopted and effective 2030
Comprehensive Plan, the following Comprehensive Plan provisions may be in conflict with the
proposal when read outside of the context of the entire Comprehensive Plan:
Goal 202
The environmental quality of Monroe County's estuaries, nearshore waters (canals, harbors,
bays, lakes and tidal streams) and associated marine resources shall be maintained and, where
possible, improved or restored.
Goal 203
The health and integrity of living marine resources and marine habitat, including mangroves,
seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and,
where possible, restored and enhanced.
Objective 203.2
Monroe County shall protect submerged lands vegetated with seagrasses by maintaining
regulations which further reduce direct and indirect disturbances to seagrasses.
The BOCC will be balancing site specific needs with impact to environmental resources as they
consider the proposed amendment. The proposed policy language includes criteria for qualifying
maintenance dredging projects that seek to minimize the impact on marine resources. Additionally,
each individual project seeking approval under the proposed policies will be required to demonstrate
File 2016 -183 Page 13 of 18
that maintenance dredging is in the "public interest," meaning there is a demonstrable
environmental, social, and economic benefit which would accrue to the public at large as a result of
a proposed action.
A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County 2030 Comprehensive Plan. Specifically, it furthers:
Goal 101
Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
County residents and visitors, and protect valuable natural resources.
Objective 202.4
Monroe County shall maintain Land Development Regulations which implement county policies
preventing controlling pollutant discharges into surface waters from dredge and fill activities.
The proposed amendment may be internally inconsistent with the following Goals,
Objectives and Policies of the Monroe County 2030 Comprehensive Plan when read outside
of the context of the entire Comprehensive Plan and the proposed site specific policy:
Goal 202
The environmental quality of Monroe County's estuaries, nearshore waters (canals, harbors,
bays, lakes and tidal streams,) and associated marine resources shall be maintained and, where
possible, improved or restored.
Goal 203
The health and integrity of living marine resources and marine habitat, including mangroves,
seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and,
where possible, restored and enhanced.
Objective 203.2
Monroe County shall protect submerged lands vegetated with seagrasses by maintaining
regulations which further reduce direct and indirect disturbances to seagrasses.
B. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statutes.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
with the principles for guiding development and any amendments to the principles, the principles
shall be construed as a whole and no specific provision shall be construed or applied in isolation
from the other provisions.
(a) Strengthening local government capabilities for managing land use and development so that local
government is able to achieve these objectives without continuing the area of critical state concern
designation.
File 2016 -183 Page 14 of 18
(b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
their habitat.
(d) Ensuring the maximum well -being of the Florida Keys and its citizens through sound economic
development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
ensuring that development is compatible with the unique historic character of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting 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, treatment, and disposal facilities;
3. Solid waste treatment, 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) Protecting and improving water quality by providing for the construction, operation, maintenance,
and replacement of stormwater management facilities; central sewage collection; treatment and
disposal facilities; and the installation and proper operation and maintenance of onsite sewage
treatment and disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10),
as applicable, and by directing growth to areas served by central wastewater treatment facilities
through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
(m) Providing adequate alternatives for the protection of public safety and welfare in the event of a
natural or manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
the Florida Keys as a unique Florida resource.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
with the Principles for Guiding Development as a whole.
C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
(F.S.). Specifically, the amendment furthers:
163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve
and enhance present advantages; encourage the most appropriate use of land, water, and
resources, consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of land within
their jurisdictions. Through the process of comprehensive planning, it is intended that units
of local government can preserve, promote, protect, and improve the public health, safety,
File 2016 -183 Page 15 of 18
comfort, good order, appearance, convenience, law enforcement and fire prevention, and
general welfare; facilitate the adequate and efficient provision of transportation, water,
sewerage, schools, parks, recreational facilities, housing, and other requirements and
services; and conserve, develop, utilize, and protect natural resources within their
jurisdictions.
163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
legal status set out in this act and that no public or private development shall be permitted
except in conformity with comprehensive plans, or elements or portions thereof, prepared
and adopted in conformity with this act.
163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
and strategies for the orderly and balanced future economic, social, physical, environmental,
and fiscal development of the area that reflects community commitments to implement the
plan and its elements. These principles and strategies shall guide future decisions in a
consistent manner and shall contain programs and activities to ensure comprehensive plans
are implemented. The sections of the comprehensive plan containing the principles and
strategies, generally provided as goals, objectives, and policies, shall describe how the local
government's programs, activities, and land development regulations will be initiated,
modified, or continued to implement the comprehensive plan in a consistent manner. It is not
the intent of this part to require the inclusion of implementing regulations in the
comprehensive plan but rather to require identification of those programs, activities, and land
development regulations that will be part of the strategy for implementing the comprehensive
plan and the principles that describe how the programs, activities, and land development
regulations will be carried out. The plan shall establish meaningful and predictable standards
for the use and development of land and provide meaningful guidelines for the content of
more detailed land development and use regulations.
163.3177 (6)(d) , F.S. — A conservation element for the conservation, use, and protection of
natural resources in the area, including air, water, water recharge areas, wetlands, waterwells,
estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests,
fisheries and wildlife, marine habitat, minerals, and other natural and environmental
resources, including factors that affect energy conservation.
1. The following natural resources, where present within the local government's
boundaries, shall be identified and analyzed and existing recreational or conservation
uses, known pollution problems, including hazardous wastes, and the potential for
conservation, recreation, use, or protection shall also be identified:
e. Areas that are the location of recreationally and commercially important fish or
shellfish, wildlife, marine habitats, and vegetative communities, including forests,
indicating known dominant species present and species listed by federal, state, or local
government agencies as endangered, threatened, or species of special concern.
2. The element must contain principles, guidelines, and standards for conservation that
provide long -term goals and which:
File 2016 -183 Page 16 of 18
d. Conserves, appropriately uses, and protects minerals, soils, and native vegetative
communities, including forests, from destruction by development activities.
e. Conserves, appropriately uses, and protects fisheries, wildlife, wildlife habitat, and
marine habitat and restricts activities known to adversely affect the survival of
endangered and threatened wildlife.
h. Designates environmentally sensitive lands for protection based on locally determined
criteria which further the goals and objectives of the conservation element.
163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
authority.It is the intent of this act that adopted comprehensive plans or elements thereof
shall be implemented, in part, by the adoption and enforcement of appropriate local
regulations on the development of lands and waters within an area. It is the intent of this act
that the adoption and enforcement by a governing body of regulations for the development of
land or the adoption and enforcement by a governing body of a land development code for an
area shall be based on, be related to, and be a means of implementation for an adopted
comprehensive plan as required by this act.
VI. PROCESS
Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
Planning Commission, the Director of Planning, or the owner or other person having a contractual
interest in property to be affected by a proposed amendment. The Director of Planning shall review
and process applications as they are received and pass them onto the Development Review
Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the
Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
recommendation, and the testimony given at the public hearing. The BOCC may or may not
recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
Land Planning Agency, which then reviews the proposal and issues an Objections,
Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has
180 days to adopt the amendments, adopt the amendments with changes or not adopt the
amendment.
VIL STAFF RECOMMENDATION
Staff has found that the proposed amendment is consistent with the direction given by the BOCC at
their January 20, 2016 meeting.
Staff recommends approval of the proposed amendment, as recommended by the Planning
Commission in Resolution P31 -17.
File 2016 -183 Page 17 of 18
VIII. EXHIBITS
1. Duck Key Property Owner's Association hand -out provided to the BOCC on October 21, 2015,
regarding Duck Key Canal Restoration.
2. Agenda Item I2 and transcript of discussion from January 20, 2016 BOCC meeting regarding
"text amendments to allow maintenance dredging in canals with seagrasses to maintain
navigability."
3. Resolution P31 -17
File 2016 -183 Page 18 of 18
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting 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 BOCC 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 BOCC
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 BOCC 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 BOCC 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 BOCC 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 BOCC 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 BOCC voted to not transmit the amendment.
On March 21, 2014, the BOCC reviewed draft amendments to the Comprehensive Plan for the 2030
Comprehensive Plan update project and directed staff to develop a text amendment to allow maintenance
dredging the mouth of a canal to restore navigational access.
On 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.
CONTRACTIAGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: nla
TOTAL COST: n/a INDIRECT COST:
BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ No x AMOUNT PER MONTH Year
APPROVED BY: County Atty "I1 b OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
Existing Adopted Dredging Policies and Code
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
Policy 202.8.3
No maintenance dredging shall be permitted within areas vegetated with seagrass beds 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 (ub) feet mean
low water. This policy does not apply to the entrance channels into Key West Harbor and Safe
Harbor.
Land Development Code
Sec. 118 -10. - 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 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 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).
1
2. 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 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
iii. 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 (vacuum) 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 (BOCC) 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 water quality criteria in Chapter 62- 302.530, F.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. Army Corps of Engineers prior to issuance
of a county building permit.
e. After -the -fact 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.
Florida Department of Environmental Rule 18- 21.003, F.A.C., provides definitions for private and
public channel, as follows:
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, 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(1), 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 62- 3t2.020 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- 312.030(2), F.A.C., directly or via an excavated water body or series of excavated water
bodies.
4
Potential Text Comprehensive Plan Amendment Option
Objective 202.48
Monroe County shall a maintain kland Ddevelopment Rregulations which implement county
policies controlling pollutant discharges into surface waters from dredge and fill activities. - fW-
c 012(3vb». 9r K n»r b)2i 163.3177(6)d.2.b., F.S; §163.3177(6)d.2.e., F.S.I
Policy 202.84.1
Monroe Ceunty shall suppeft state and federal pelieies and r-egulatiens
r7 h 012(3)r an .
e �- -nxrvczix£rmtELi�1E�--- [� -�: l�7TE ) > � > 3 Q s
or 5 . 01 3(2)( c ) 1 . ,,,a 64 [§ 163.3177(6)d.2.b., F.S; § 163.3177(6)d.2.e., F.S.]
Policy 202.84.2
No new dredging shall be permitted in Monroe County. ,
F§ 163.3177(6)d. r,- 3(.b., F.S; 6z e., F.S.]
Policy 202.84.3
Channels: No maintenance dredging shall be permitted within areas vegetated with
seagrass beds or characterized by hardbottom communities except for maintenance in
public navigation channels.
Canals: Maintenance dredQiniz may be permitted within a previously dredged artificial
canal, including areas vegetated with seagrass beds or characterized by ardbottom
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. {--3-
1§ 163.3177(6)d.2.b., F.S,
163.3177(6)d.2.e., F.S.
Policy 202.84.4
In artificial canals with deposits of sand from storm events, maintenance dredmniz 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 dredize natural barriers areas that
have not been previously dredged) separating a canal or canal system from
adjacent wetlands and/or other surface waters.
• The maintenance dredging shall not exceed depths greater than minus 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 r secondary and/or cumulative impacts to surrounding benthic resources.
• Turbidity controls shall be used to prevent reduction of light availability to
seauasses and increased sedimentation in adjacent surface waters and benthic
resources.
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• The quantity of mitigation for seagrass /hardbottom communit 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 Interest means demonstrable environmental
social and economic benefits which would accrue to the public at large as a result
of a proposed action.)
Policy 202.8
In order to 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 Key West
Harbor and Safe Harbor. [9i 5.012(3)( ,—and 8 ; °> and 61
[§ 163.3177(6)d.2.b., F.S; § 163.3177(6)d.2.e., F.S.1
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. [9j n�1 � and g ;97
af tEl
Policy 202.8
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.
5.012(3)(e) , undo; - ° i 5.01�(2)(e)! and 67 [§ 163.3177(6)d.2.b., F.S;
§163.3177(6)d_2.e., F.S.I
C.
Potential Text Land Development Code Amendment Option
Sec. 118 -10. - 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 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 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).
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 channels.
3. Canals: Maintenance dredging may be permitted within a previously dredged
artificial canal including areas vegetated with sea grass 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.
7
Exhibit 2 to Staff Report
January 20, 2016 BOCC Meeting
Item I2 — transcript of discussion
Discussion of text amendments to allow maintenance dredging in canals with
seagrasses to maintain navigability and I have several public speakers.
Good morning Commissioners. This is a discussion item as a result of a sounding
board item that was back in October where residents from Duck Key came and presented an issue where
Duck Key was having sedimentation within their canal system and were having difficulty in finding a
solution to maintenance dredge their facilities. Currently our Comp Plan as well as our Code prohibits
maintenance dredging if the area has seagrass beds or hard bottom communities. At that meeting the
board discussed trying to develop a Comp Plan Amendment and Code Amendment that would allow
maintenance dredging in canals with these resources but only for canals and not channels since channels
may be naturally formed and not necessarily artificial. So as a result of that meeting, we've proposed
some Comp Plan and Code changes for the board to consider and describe what they would like the next
step to be. But I did want to point out that this may not resolve all the issues in Duck Key. There is an
image on the screen right now and you can see on the right hand side in the text box the definition for
canal and the definition for channel. So canal is a manmade trench with both sides normally above water
and canal is not necessarily a manmade trench with both sides underwater, normally underwater. So I
tried to depict, this is the image that the Duck Key property owners provided for their areas of concern,
you can see there are five locations with an orange arrow that are within the canal definition. The other
areas do not fall into the definition of canal and we proposed these Comp Plan amendments to only apply
to canals. You can see in the yellow at the bottom of the image, there are two locations that would
qualify as a channel. You can see at the top right hand corner, there is a large basin, that wouldn't be
considered a canal and then you can see three areas with a blue arrow that are possibly considered open
water. And I'm going to go through a few other images here. The proposed text here is what we have
come up with for the potential option. Again, it's only for canals. It would allow maintenance dredging
with seagrass and hard bottom communities. There would be other criteria such as...
Mayte...
Yes ma'am?
You need to get up to your microphone.
Excuse me. There would be other criteria such as it cannot be maintenance dredged
of natural barriers so no new dredging. It would be to a depth of -6 feet mean low water or where you hit
rock. So if you hit rock before six feet that would be the stopping point. You would have to use a
methodology that doesn't degrade the water quality or cause other impacts to benthic communities, you
would have to provide turbidity controls to protect the water quality surrounding, and you would have to
provide mitigation as required by state agencies, and you would have to provide justification that it's
within the public interest. And we have included that public interest means it's an environmental, social,
and economical benefits that would accrue to the public at large as a result of the proposed action. And
again, it's those canal areas that may cover but it may not cover these three areas that I had identified as
potentially open water. If you can see from this image, I did two green circles of areas where you can
Page 1 of 14
Exhibit 2 to Staff Report
clearly see that there has been some sort of mechanical dredging or something has occurred. You can see
the distinct outline of the perimeter around those properties and then in the white boundaries there are
areas where they have identified some issues with silting and sedimentation. I don't know if that's ever
been dredged or not, they would have to document that with the resource agencies to get permits but I just
wanted you to be aware that this would not resolve that particular issue the way that it's worded today
because again it is only for canals as drafted. And then I wanted to pull up other areas since it's not
written specifically for Duck Key. This would be a Comp Plan amendment that could be applied to other
areas. I just pulled other examples. You can see with the orange outlines again what would be
considered canal based on the definition that is proposed in our Comp Plan as well as in state statute.
You can see in the yellow, the channels that again would not apply under this Comp Plan amendment and
then you can see a sort of new structure along the perimeter of the properties, where it has one edge above
water and one edge below water. I don't know if that is something the Commission would like to tackle.
There are a few places on Duck Key where again that occurs but not all areas and there are other areas in
the Keys where it occurs like in these examples. We've pretended and called them perimeter canals but
it's another option for the board to consider. And again this is just a discussion item as a result of the
sounding board. We are looking for direction at what the next steps are, if the Commission is supportive
of any type of amendment like this and if the Duck Key residents should apply for the Comp Plan and
Code amendments.
Madam Mayor, may I ask a question?
Mayor Carruthers: Yes.
So if the ... I thought they were only asking about the stuff in the canals. Are
they also asking for these other areas that you show as open water?
The materials that were provided at the sounding board meeting included all of
these areas as areas of concern.
So if they applied, all this would have to go through the DRC, Planning
Commission, so forth ... this would be a Comp Plan...
Correct. This would be a Comp Plan and a Code amendment. It would be
Development Review Committee, Planning Commission, Board of County Commissioners for
transmittal, sent to the State of Florida for DEO to review and the other state agencies...
I mean I think the stuff in the canals is... I don't have a problem with that
because you know, we're dredging canals ourselves now so it's kind of hard to say we can do it but you
can't do it. The stuff outside the canals now that's problematic because we get Walker's Island involved
in that and I'm a little concerned about that.
Well that's why we wanted to highlight the definitions on this page and show what
areas would qualify under those definitions.
Mayor Carruthers: Your phrase perimeter canal sort of makes sense to me because I know that are
plenty of places in Lower Keys where you have to go ...I mean you can't go there you have to go all the
Page 2 of 14
Exhibit 2 to Staff Report
way around here to get there. I can see some usefulness there and those are canals that have already been
dredged. Let's hear from the public.
First speaker is Dottie Moses representing Last Stand followed by Demetrio Brid.
Good morning Commissioners. Dottie Moses. 1 Harbor Drive, Key Largo. I'm here
today representing Last Stand. Last Stand has reviewed the proposed language and the backup for the
amendment to the Comp Plan, to the Comprehensive Plan, to allow maintenance dredging of canals with
seagrass and hard bottom communities. That is the change that is being discussed here. Last Stand has
some concerns about the proposed amendment. We would like clarification on exactly where the
dredging would be allowed given the multiple areas that Duck Key had identified in their documents.
The documents show areas that are outside of the canal, manmade canals, including a boat basin and
some open water areas. Last Stand opposes dredging activities outside of existing artificial manmade
canals. We are also concerned that the allowed dredging would increase the canal depth to accommodate
deeper draft vessels and we would like to see the language limited of dredging to the depth required in the
state statute, which states it to be at five feet. Also, as this will be a County wide policy, we would like to
limit the dredging activities to canals that serve already developed areas. We are aware of several areas
where canals were dug and no upland development took place and we would not like to encourage
development in areas that are not currently developed. Last Stand would like Monroe County to continue
to main it's authority to adopt and enforce more stringent regulations than the State and Federal
authorities do. The language is proposing to remove some of the language. We would like that language
to stay in. That is policy 202.4.1 which says 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. This language is being proposed to
strike that. The unique and ecologically sensitive marine and coastal environments of the Keys warrant
additional protections beyond that State and Federal level and so we would like to thank you for including
these concerns in your discussion. One thing we did not know about was the perimeter canal discussion.
That's new to us. That wasn't in a language. That is open water. There is only one side that's dredged.
The rest of it is open water. So that's very worrisome that that may be... again you can already
maintenance dredge if you don't have seagrass and hard bottom communities. So we are really in this
proposal discussing that issue. So we are very careful. And we have a lot of language in our Comp Plan
about how we intend to protect and enhance our resources and our water quality. This could have an
effect on that. Thank you.
Mayor Carruthers: Mayte can I ask you a question? This concept of perimeter dredging, if it were to
apply to this area in the Keys they would have to prove that those areas have previously been dredged,
correct?
Page 3 of 14
Exhibit 2 to Staff Report
Mayt6, would you list the agencies that have to give permission for this other
than Monroe County.
So an applicant would have to apply for permits through Federal and State agencies.
So it would need Army Corps of Engineers and through that they would get authorization from the
Sanctuary. They also have to go through either DEP or South Florida Water Management District and
then they would come for local permits.
In your experience, has the Sanctuary ever denied a request?
I am not aware if it even came to my attention if they denied it, so I am not sure.
But they have to approve everyone, every applicant including the Army
Corps?
J They review it through the Federal permit application to ensure that it's not going to
be harming essential fish habitat, that it's not harming habitat or anything else. So they do review it
through the Army Corps process but if it's denied at that step, they may never come to the County level
so I may not be aware of s itl] la,"i k where they denied it. U I&I
One more question. If the Corps approves something and they were to deny it,
would the application still go forward?
I don't believe so. I think if NOAA doesn't approve it, Army Corps can't issue it.
Mayor Carruthers: It looks like Rhonda has something to add here.
Just real quick clarification since you did comment that the County is dredging canals
also. The canals that we are removing the muck, which we call dredging by vacuum dredging, are very
poor canals. They don't have any sea life so far don't have any sea life at all especially seagrass so we're
not removing seagrass from our canal restoration program just to clear that for the public. It's a little bit
different but I understand the situation.
Next speaker is Demetrio Brid representing Duck Key Community Benefit followed
by David Williamson.
V! 0 TZ
,I�IOAHIKJ� — m., Thank you for receiving me. Reformed I am a Duck Key I'm from Miami. Bought a
house in Duck Key about a year ago. Previously was living in Islamorada on a non-flow through canal
and I think that's a very important term, non-flow through and flow through. I bought a house in Duck
Key because of the natural beauty of Duck Key and I am from South Florida so I really can appreciate
what these flow through canals provide in terms of value and in terms of beauty. I think there is a number
of issues that have been raised here. One of them is perimeter canal, what the definition is, yes or no, I
think all that should be very straightforward, what constitutes a canal, what constitutes a channel, what
constitutes a perimeter canal. In Duck Key, we have researched it and there's data going back to the
fifties and before where this was a manmade dredged canal. So the precedent exists and I think when we
formed Duck Key Community Benefit, I'm beginning to realize we're kind of treading uncharted territory
in terms of what the Commission has had before it before and what constitutes maintenance dredging and
what does not. So I just want to clarify that our intent from the beginning is to preserve the natural beauty
Page 4 of 14
Exhibit 2 to Staff Report
of the marine sanctuary. We live in an area; the area has been previously dredged. What we're looking to
do ... no one has ever addressed maintenance dredging in the area. It's been well over sixty years so there
is silt and I might add, we have had a benthic survey ... there is no hard bottom. What there is, is seagrass
...it's our opinion that it has come around because of the silting up which allows the sunlight to come
through and have photosynthesis so seagrass is not a native species to these man made dredged canals.
So what we're seeking to do in harmony with all of the regulations provided by NOAA, by the Army
Corps which takes its direction from NOAA is to do maintenance dredging in a form that will maintain
flow through. Flow through canals ensure sea life will flourish in the area. Where you have silting up,
you have trash accumulating on the bottom and it's really compromising the quality of the canals. So I
want to emphasize that we have applied for permits with the DEP, with the Army Corps. We have raised
money from private citizens given that there is no private association, a homeowner's association in Duck
Key. So all of this is voluntary money which is being funneled in a way that is in harmony with all
existing laws and what we want to emphasize is that our intent is to preserve the flow through nature of
the canals and do that in a way which is acceptable from an environmental standpoint.
Sir I'd like to correct you on two points. Be very careful when you use
timelines. As in the fifties and before. Have paperwork that shows the years that those canals were dug
because they were dug after that. The other thing is the seagrass. It is native to that area; the perimeter
canals ... it was there when the perimeter canals were dug and back then we didn't know the value of
seagrass and nobody cared and everybody dredged. But it is native to that area.
rlovn A, t U Okay to the man-made canals?
and the perimeter canals. No, you were talking about the perimeter canals.
uktu io Byka: No, no I was saying the man -made canals.
No they were simply mangroves.
Well three quarters of Duck Key is filled anyway. So it was all grass.
t t M That's okay I just ... I apologize if I... I do have from the fifties something that I
researched that's in the...
Yes but not prior to...
DYMM au Not prior to okay I apologize I was inaccurate but be that as it may I think that the main
point that I want to emphasize is that we are going through the process in the proper legal way and what
our intent is, is to preserve the flow through nature of the canals... preserve in fact the natural fauna there.
I don't live on a canal what is a non -flow through, something that's blocked at
one end?
Well I used to live in Islamorada on Cortez and what it is, is a lot of the Keys were
dredged and then they filled you know for the highway and stuff but there is no outlet going back
out ... back out to the ocean. So Duck Key is unique in that and that's a very good point you raised...
Everything goes flow through...
Page 5 of 14
Exhibit 2 to Staff Report
" —F x K v . - v r, I Everything goes flow through which you know you see manatees in there, there are
nurse shark that go through there. So having flow through is essential I think to preserve the sea life in
the area so that's where we're coming from on this thing.
Mayor Carruthers: Thank you sir. I have a question and I am not sure if it's going to be Mayte or Mike
Roberts or somebody else can answer this question.
Mayor Carruthers: What is the depth of water beyond which seagrass cannot grow ... in other words
beyond which there is insufficient sunlight to allow photosynthesis?
Depends on how clear the water is.
Mayor Carruthers: Well, okay. But assuming water clarity which is always our goal.
.....:..:: As Commissioner Neugent stated, it depends on water clarity. I would say
probably on average, deeper than eight feet it's more difficult for the light to penetrate. I've read a bunch
of papers on it, I'm going from memory right now but I believe it's about eight feet.
Mayor Carruthers: I was just curious because we had six feet in our code and the state has five feet and
I just ...
But that six feet is in our code right, so we're consistent...
Correct. Our Comp Plan and our Code currently have six feet.
Mayor Carruthers: Next speaker please.
David Williamson representing Duck Key Property Association followed by our
final speaker Beth Ramsay - Vickrey.
Good morning. My name is David Williamson. I've already previously been
introduced but I think I want to start a little bit backwards first before we move forward. Sherry Popham
is unable to speak who has previously spoke to your group regarding the situation we have at Duck Key
and unfortunately she has a board meeting at the hospital so she has asked me step in and speak on her
behalf. We actually have been working on this for over two years and trying to figure out a methodology
to solve the issue in Duck Key and we realize that we are not solely the only individuals in this County
that have this problem. What we are requesting is the maintenance dredging and I want to speak this
morning also about the clarification regarding the... identified what is being called a channel. This area
was dug and it has been at least ... and I do know this for a fact that it was dredged after hurricane George.
Rock was used to reinstall and protect the barrier of the canal area itself. It was necessary for the barge
operator to dredge that area when they were working...
Which area are you talking about?
In the channel, what is being called the channel now. This area was after hurricane
George, I believe it caused the stone to be moved and it was inadequate stone to protect the canals and the
residents and as a result of that Mr. David Lion worked with a not for profit that did help with funding the
Page 6of14
Exhibit 2 to Staff Report
project and the area that was re- stoned was beginning all the way back into the harbor where the marina is
located for Hawk's Cay. That whole area was stoned.
Let me stop you a minute. Don't count his time on this please. Let me ask
you a question Mayte ... the arrow was pointing to the channel but is it only the cross hatch area that they
are asking for maintenance dredging... a permit for maintenance dredging ?
If you look at the far, what is the west end ... that little green area where the arrow
points right into ... after Wilma that area became much more impacted with sediment as the storm surge
pushed through the island itself what occurred was many of the interior areas where they have identified
as well were silted after Wilma. The water that came in resulted in Center Island being totally flooded
across the island and it pushed sediment into that area. It also came and attempted to flow in any way that
it couldn't move where it flowed up and over the tops of these canals and what is impacted is the area
which is this diagram you are being shown today is now depicted as a channel. That was dredged and has
always been dredged for the creation of that and the stone was applied to protect that and prevent that
from filling back in when constructed. So I think there is a definite clarification that it may be earmarked
today as a channel but it was dredged the same as it was on the east side of the island itself going back
towards the marina and that was stoned to allow that to prevent re- silting.
Sir, how far out are you asking to re- dredge that channel?
I think the way ... it's totally incorrectly drawn and I am going to step away for a
minute ... (he walks over and begins pointing to map and referring to arrows)
Sir, I can't see a thing.
This is the area, the inside; this is a canal coming across the front of the properties.
That has nothing to do with the area we are...
Can you get from that canal out into the open water or is that land in there?
This area here is a canal. This is the dredged area.
Right and show it where it exits.
It exits right here and as you can see there is a channel that goes back out...
Okay and there is one on the other side.
(I cannot hear this portion as he is very far from mike and speaking quieter)
Okay how far out...
We're not going out. We're staying totally inside what was previously dredged and
what was previously originally...
No ... where it shows it coming out. You're not asking to dredge that?
Page 7 of 14
Exhibit 2 to Staff Report
No we are not. ...cannot hear him... he is saying something to the end of the canal
to the termination point.
Mayor Carruthers: Wait I thought you were talking about only dredging the areas that are cross
hatched. The little black areas with the stripes in it, right?
Yes that's... this is the area. This does not need dredging back here. The only area
that we are doing is where this is silted at the very end of the island itself.
And you're right Dave if I understood you correctly that that problem was
mostly created by hurricane George.
George and Wilma.
But my phone call started with George.
Well that's a good name. So I want to be clear that it is important that we clear that
today. We are not asking to go in any areas other than what were previously created and maintained...
what was created. We are not asking to go out into the harbor, we are not asking to go out and doing any
channels that would be ...and those are regulated by the Corps as well.
That's where the arrow goes that's why I wanted to know.
It's very confusing and that's why I want staff and also yourselves to understand that
the area at the very far end has become almost virtually impassable for vessels and yes there is seagrass
that has developed in this area and while we are aware that it is a prohibition but we have taken the steps
and I want to clarify this today for your benefit and for future board members as well, for the council and
the community. We have, in the process of contracting upon an approval to engage a firm that will
actually do the seagrass restoration and the replacement of that will be managed by a company privately
so that we are not in any way... yes we will disturb seagrass in this process but we will also be definitely
replacing under a formula that will be regulated and replace the seagrass where we are directed to replace
that.
You're displacing seagrass in a canal?
That is correct.
Mayte, if there is rip rap and then a perimeter canal, and then land ... how does
that whole thing get silted in?
I wouldn't be able to explain that and just to clarify, I don't know if this pointer is
working... so there is the edge of the land here where there is the jetty and the homes and the seawalls
and then beyond that there was some identified area that doesn't have sides have sides above water. That
was the only area that I was identifying as the channel based on the definition that the sides are below
water and I had specifically drafted this amendment for canals based on the sounding board item and the
board discussion to focus on canals that were artificially made previously and previously dredged. And
unlike Walker's Island where it was a channel and out in open water.
Page 8of14
Exhibit 2 to Staff Report
Mayte, thank you very much. I think one of the things that I want to share with you
is that is not done perfectly to scale... I do reside on that side of the island and go out through that
channel ... the water depth through that channel is adequate. The problem that has occurred is that the
brick wall itself, meaning the rip rap has deteriorated because of George and unfortunately the grant and
the monies that were originally set forward in this application resulted in... they ran out of money. And
they didn't have enough stone to go the final hundred and twenty five yards on that and as a result that is
further and we are researching how to replace that and fund that as a community as well but if it was
restored to the original character that it was and also to the level that the other areas are it would absolve
that problem from reoccurring so we do realize we need to address that. There is no sense in doing the
dredging if we can't take and add the rip rap back to the area where it previously was and that's what has
caused this silting.
So you're only going to go back as far as the rip rap was damaged?
That is correct that is the...
Not the whole perimeter canal.
I previously stated that is not perfect to scale and it's reflecting that and that actually
the area that was, and I want to clearly point out that the area on that ...(pointing with laser pointer)
coming down to that property right there along... that is all dredged. That whole area is dredged on that
far side. I have fourteen foot of water in front of my own home. So that is actually dredged area so it was
previously dredged and I don't know what you would call that... a manmade canal or a dredged channel I
guess is what that terminology is. But at this point I would like to clarify that.
Mayor Carruthers: Can I ask a question? The second box from the upper right hand corner... the
basin... there is a curvy line defining that basin where it says basin. Now look where the green arrow
points to the right to the inset photo. What is that curved line? Is that rip rap? So that's rip rap defining
the basin?
And again this area as it travels the canal along the front of these residences and this
area, this was dredged and I don't know if the Corps dredged the channel coming in. That was well
before my time. I've only been here fifteen years.
Mayor Carruthers: The three areas that are pointed to with a blue open water arrows ... we don't know
if they were ever dredged do we?
We don't know that answer and that's what we're asking to determine whether they
were permitted dredging, accidental dredging or whatever the case ...we don't have any documentation
on that and we are not asking for these areas to be dredged.
Mayor Carruthers: You're not? Okay you're not asking for those areas...
This area, this is the canal area, the ones that have been identified are the interiors.
This area has not been, nor this area has not been identified for any dredging at this point because we
don't have the research to know that.
Okay so Mayte...
Page 9 of 14
Exhibit 2 to Staff Report
We've already (can't hear over other mic's) of a channel that was dredged
thirty five years ago and never dredged again and we turned it down so ...
Why, if they're not asking for any permission to dredge there, why are they on
the map?
This was the documentation handed out at the sounding board item and by Sherry
Popham, I used her image I just clipped it out and identified based on our definitions.
Okay so we want clarification today. You're not asking for any of those areas
shown as open water?
These two areas exactly. And this area we are not asking today.
What about the !basin?
The basin is by ... is not (pointing to map)
No, no the basin (pointing for him to go other way)
Over here,', okay, we are not asking for that today'.
Oh well okay.
Mayor Carruthers: That makes our life a little easier.
Surely and I apologize. This map was originally created by the Committee, showing
the areas that did need dredging and we as the property owners', association are requesting the interior
canals and those areas that are impacted and becoming impassable.
Those are part of the canals.
Let me say if I can, from a historical perspective, if Sylvia you'll promise not to
ask me the exact same thing here because I can't get it to you, I sat on that not for profit board after the
hurricane that restored the outside perimeter there and David is exactly right, I think they ran a little short
of money, did a great job, they were drilling holes in huge boulders and driving stainless steel spikes to
keep them from moving in the future. But they did run a little bit out of money toward the end and the
replacement on that end over here where you're seeing ...
Mayor Carruthers: The west end ...
Oh okay I was going to ask you where that hundred feet was
That didn't get done to the same level as the rest of it and presumably that's why...
They didn't run out of money David... you just spent more money than they
gave you.
No never.
Page 10 of 14
Exhibit 2 to Staff Report
We know how you are David.
It wasn't David's fault and I only want to point out that the stone might be a little bit
higher than what might have been originally intended in the harbor basin so I would like... I just would
like to make one further clarification. These areas are becoming impacted. I want to point out we do not
have the research on these particular areas to know that this was ever dredged or not. This area did fill in
during hurricane Wilma dramatically and did impact the homeowner's properties. But we are not
currently requesting these areas to be dredged. This is separate; this is under the auspices and control of
the marine operation at Hawk's Cay.
Mayor Carruthers: Next speaker please. Thank you Mr. Williamson.
Final speaker is Beth Ramsay - Vickrey.
Good morning Commissioners. Beth Ramsay - Vickrey, No Name Key. I am in
support of the maintenance dredging in the canals. This is something that we talked about at the Comp
Plan. It was an important subject and I thank you all for bringing it back today for further discussion.
The one issue that I had that I' am asking you to consider is in the language we are using,' "to restore
navigational access due', to storm deposition." I'd like to see,' if we could,', change that ',to, "restore
navigational access due to sedimentary depositions." Sedimentary is defined as silty, muddy, and sandy,
or sandy. This scenario of storm moving sand works for ocean side canal properties but it doesn't work
for the bay side properties. The bay side properties, our biggest issue is the rafts of seaweed coming in,
sinking, and degrading and turning into muck. The channels are just clogged up with muck. That
degrades our water quality, our canals, our property value, and our communities. With this one word
change we can address the needs of the ocean side homes and the bay side homes. And I think that would
make the policy fair for everyone throughout the Keys.
Yeah Beth I had pointed this out earlier in the meeting with staff. I don't think we
care what the material is or what put it there. We care that it's there and impeding the water flow and
impeding navigation. So I totally agree with you on that point'.
Mayor Carruthers: Well as long as it wasn't intentionally deposited to create a need to dredge.
We would presume we would have staff smart enough to figure that out too.
Mayor Carruthers: Well does it have to say natural sedimentary depositions?
I am sure Mayte is awesome at figuring out the wording. I just chose the word
sedimentary because the definition was silty, muddy, or sandy and I thought those covered the conditions
that addressed both ocean side but ...
And I'm certainly not hearing our precise or exact wording but I think that Beth
has made a good point.
The other thing is how would we prove one way or another how it got there
without eye witness...
Oh you can now.
Page 11 of 14
Exhibit 2 to Staff Report
Oh yeah. It's easy. Right through your fingers you can tell.
It goes on every day.
Thank you.
No I mean how would you prove that it was storm, just storm related?
Storm is actually the lowest of the possibilities. It sedimentizes every day. A
little bit comes in, a little bit comes in.
Mayor Carruthers: There was a little island off of... near Boca Grande that wasn't there until after
Wilma. Now it's a bird sanctuary and you can't walk on it. It wasn't there before Wilma and now it's
there and it's just sort of funny.
Madam Mayor, you know we've got a good clarification today as you say
greatly simplifies this issue I think. But those perimeter canals that you talk about Mayte ... they
are ... that's problematic. I don't know how, I mean how do you go about that and not getting us into a
situation where Walker's Island comes back and says look this is very similar. This was once dredged
back in the day and this is attached to open water the same as we are. You know is that a problem? How
can we deal with that? Although I do see the need for it, especially in this kind of case you know.
I tried to come up with a definition last night thereat the bottom of the screen. A
perimeter ,canal is a manmade ,trench the bottom of which, is normally covered, by water with one of the
upper edges of its sides normally above water and the other edge below water. That actually would cover
just,', the ones that', are adjacent', to land where one side is above water so it would be different than the
Walker's Island situation where both edges were below water. And it just came to light when I was trying
to prepare this for you today to have a graphic of what we were talking about but I realized there was
another situation of canals that may or may not be addressed and just bringing that to your attention.
Mayor Carruthers: I would 'say I also like Last Stand's suggestion that it be by currently developed
properties not adjacent to undeveloped', land.
Yes that's important.
Mayor Carruthers: I mean the only way ... having said that I can see that there ... I'm thinking of like
channels to get out of Summerland Key and some places in Cudjoe where you have to go around to get
out to open water and part of that channel or canal or perimeter canal if you want to call it, that was at one
point dredged past those undeveloped areas so I mean we got to figure out a way to do that so that we are
not encouraging development unless it's something about maintaining,' contiguous transportation from
developed' property to open water or something. I mean you guys are smarter than we are so.
Heather though don't you think since we can't dredge anymore canals, make
any more canals, don't you think that if the land were suitable for development it would already have
been developed in this County as much as people love living on these canals? I can't think of any canal
that isn't already built on if it can be built on. The others are part of wetland you know they are part of
Florida Forever, whatever has come up. They're not available for permits.
Page 12 of 14
Exhibit 2 to Staff Report
Mayor Carruthers: Maybe so. I think, and please correct me if I am wrong but I think staff you have
some idea of where we are going now. ', I mean am I',hearing that there is concurrence that we want people
to be able to maintain navigability in these previously dredged manmade canals! Obviously we have
very ... anybody that's going to do this has a whole lot of other hoops to jump through in terms of permits
from federal and state agencies correct? I mean is there anything else that ...
Would you like staff to process this or would you like the Duck Key Properties
Association to apply for the amendments to the Comp Plan and code?
*All Commissioners shout out "Yes"
They should be responsible'.
And just to be clear. I understand now that they are not proposing the open water or
the basin but the channel area below where he said it ends... you know Duck Key has that sort of point at
the end and then water... there is a little area in that picture where it goes beyond the edge of land where
he was talking about the rip rap.
The two cross hatches at the bottom ... one on either side?
(pointing with laser pointer) Right there.
And what about the one on the other side?
I don't know which one you are talking about.
Well it's on the bottom, it's the cross hatch on the bottom.
Mayte Santa aria: (pointing with laser pointer) Right here?
No go the other way ... there, there you go.
That part is within the canal. This piece is where it leaves the land. Where the
edges are no longer above water. I want to just be clear, do you want, us to ,try to help them propose
language for that or keep it to canals because if we allow it where both edges are underwater then it would
open up other opportunities.
Mayor Carruthers: Don't open up other opportunities.
I agree.
Does that serve their purpose though that they need?
Well they can make it serve their purpose I think.
Well they need to apply
Yes they do.
Page 13 of 14
Exhibit 2 to Staff Report
Mayt6, my feelings are that speaking specifically to Duck Key that what I am
hearing and I agree with and there is a lot of cost, there is a lot of agencies that are going to weigh in to
whether this can happen or not but I think what the residents of Duck Key want to maintain is keeping the
controlling depths of the water to where they can navigate those waters with the vessels that they keep at
their homes or in the boat house or whatever and as far as doing anything and as far as doing anything
that is environmentally destructive I don't think that that enters into the discussion at all. So how we
maintain or they maintain and controlling depths of their waters I'm pretty sure I support. So that's my
point.
Remember the unintended consequences George?
What would be the unintended consequences of maintaining what existed
years and years ago?
But that applies to Little Palm Key or whatever they named that thing.
No no no. You're talking canals and channels and that's not Walker's Island.
. . And I think we have all learned something from this which is obviously learned by
the rest of Duck Key. You probably don't need to wait sixty years take care of this problem. Next time
you won't have seagrass.
Mayor Carruthers: So you have your...
So we'll wait for an application and we'll process it through the normal process.
I have a question for Mayt6.
Mayor Carruthers: Okay make it quick because we are running out of time.
Okay why do we have a depth of six feet and everyone else has five?
I honestly can't answer that question for you.
Who put six feet in there?
I believe it's been in there since 1986 but I don't know the source.
This in other words, the six feet has been part of our Comp Plan and all
along...
If
Even though the state says five?
Correct. And the state says five when there is no evidence of any previous permits
or anything else.
I am not objecting to six feet, I'm just curious as to why.
Page 14 of 14
Exhibit 3 to Staff Repo P.4.f
2 .
3
4 a„ r
5
6 MONROE COUNTY, FLORIDA
7 PLANNING COMMISSION RESOLUTION NO. P31 -17
S
9 A RESOLUTION BY THE MONROE COUNTY PLANNING
10 COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE
11 BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS AMENDING THE MONROE COUNTY
13 COMPREHENSIVE PLAN TO INCLUDE THE DEFINITION OF
14 PERIMETER CANAL IN THE GLOSSARY; AMENDING POLICY
15 202.4.3 AND CREATING NEW POLICY 202.4.4 TO ALLOW
16 MAINTENANCE DREDGING WITHIN AREAS VEGETATED WITH
17 SEAGRASS BEDS OR CHARACTERIZED BY HARDBOTTOM
18 COMMUNITIES WITHIN THE CANALS OF DUCK KEY (MM 61) IN
19 ORDER TO RESTORE NAVIGATIONAL ACCESS; LIMITED TO
20 PREVIOUSLY DREDGED CANALS; NOT TO EXCEED DEPTHS OF
21 GREATER THAN MINUS SIX FEET MLW; PROVIDED THERE IS
22 NO DEGRADATION OF WATER QUALITY OR IMPACT ON
23 SURROUNDING BENTHIC RESOURCES; REQUIRING
24 MITIGATION FOR IMPACTS WITHIN THE DREDGED AREA;
25 PROVIDED THE PROPOSED DREDGING IS IN THE PUBLIC
26 INTEREST; AS PROPOSED BY DEMETRIO BRID AND DUCK KEY
27 COMMUNITY BENEFIT INC.; PROVIDING FOR SEVERABILITY;
28 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
29 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
30 PLANNING AGENCY AND THE SECRETARY OF STATE;
31 PROVIDING FOR INCLUSION IN THE MONROE COUNTY
32 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.
33
34
35 WHEREAS, on October 28, 2016, the Planning and Environmental Resources
36 Department received an application from Trepanier & Associates on behalf of Demetrio Brid and
37 Duck Key Community Benefit, "the Applicant," (revised application received January 27, 2017)
38 to amend the Monroe County Year 2030 Comprehensive Plan to allow maintenance dredging
39 adjacent to Duck Key; and
40
41 WHEREAS, on August 11, 2017, the Applicant submitted revised language for the
42 proposed Comprehensive Plan text amendment, which includes requests to add the definition of
43 Perimeter Canal in the Glossary; and to amend Policy 202.4.3 and create a new Policy (202.4.4)
44 to allow maintenance dredging within areas vegetated with seagrass beds or characterized by
45 hardbottom communities within the canals of Duck Key (mm 61) in order to restore navigational
46 access, limited to previously dredged canals systems; not to exceed depths of greater than minus
Resolution #P31 -17
File #2016 -183 Page 1 of 4
1 six feet MLW; provided there is no degradation of water quality or impact on surrounding
2 benthic resources; requiring mitigation for impacts within the dredged area; provided the
3 proposed dredging is in the public interest; and
4
5 WHEREAS, on March 21, 2014, the BOCC reviewed draft amendments to the
6 Comprehensive Plan for the 2030 Comprehensive Plan update project and directed staff to
7 develop a text amendment to allow maintenance dredging at the mouth of a canal to restore
8 navigational access; and
9
10 WHEREAS, on July 23, 2014, the BOCC reviewed draft amendments to the
II Comprehensive Plan for the 2030 Comprehensive Plan update project, including text
12 amendments to allow maintenance dredging at the mouth (entrance) of a canal; and at that time,
13 the BOCC recommended maintaining the proposed amendment in the 2030 Comprehensive Plan
14 update draft; and
15
16 WHEREAS, on October 7, 2014, the BOCC reviewed draft amendments to the
17 Comprehensive Plan for the 2030 Comprehensive Plan update project, including text
18 amendments to allow maintenance dredging at the mouth of a canal; and the BOCC directed
19 deletion of the proposed amendments relating to maintenance dredging at the mouth (entrance)
20 of a canal; and
21
22 WHEREAS, on October 21, 2015, at a regularly scheduled BOCC meeting, there was a
23 Sounding Board item to discuss concerns regarding decreasing water quality and accessibility in
24 the canals of Duck Key; and
25
26 WHEREAS, on January 20, 2016, at a regularly scheduled BOCC meeting, as a follow -
27 up to the October 21, 2015 Sounding Board discussion, staff provided the BOCC with a potential
28 Comprehensive Plan and Land Development Code amendment option based on the October 21,
29 2015 BOCC discussion and direction, and also recommended that the Duck Key residents submit
3o an application for such text amendments; and
31
32
33 WHEREAS, at the January 20, 2016, BOCC meeting, the BOCC gave the following
34 direction:
35 • the Duck Key property owners should apply for the applicable text amendments;
36 • the BOCC would be willing to consider such amendments if limited to previously
37 dredged manmade canals and possibly previously dredged manmade perimeter
38 canals, but not for open water, basins, or channels;
39 • the BOCC was favorable towards changing "storm depositions" to "sedimentary
40 deposition," "natural sedimentary depositions," or similar language;
41 • the BOCC was favorable towards limiting eligible canals to those adjacent to
42 developed properties or those needed to maintain contiguous transportation from
43 developed properties to open water, or similar language; and,
44 • the BOCC was not in favor of allowing maintenance dredging in areas with benthic
45 resources in channels, even if at the mouth of a canal — areas where both edges are
46 under water; and
Resolution #P31 -17
File #2016 -183 Page 2 of 4
2 WHEREAS, on February 21, 2017, the Monroe County Development Review
3 Committee (DRC) reviewed the proposed amendments and provided comments regarding
4 consistency with prior BOCC direction, and internal consistency with the newly adopted and
5 effective 2030 Comprehensive Plan; and
6
7 WHEREAS, following the February 21, 2017 DRC meeting, the Applicant submitted
8 revised amendment language to address the comments provided in the DRC staff report and
9 during the meeting; and
l0
11 WHEREAS, the proposed Comprehensive Plan amendment was scheduled for a public
12 hearing at the June 28, 2017, Planning Commission meeting, and granted a continuance to the
13 August 30, 2017 Planning Commission meeting, per a request by the Applicant; and
14
1.5 WHEREAS, on August 11, 2017, the Applicant submitted revised language for the
16 proposed Comprehensive Plan text amendment; and
17
18 WHEREAS, the Monroe County Planning Commission held a public hearing on the 30`
19 day of August, 2017, for review and recommendation on the proposed Comprehensive Plan text
20 amendment; and
21
22 WHEREAS, the Planning Commission was presented with the following documents and
23 other information relevant to the request, which by reference is hereby incorporated as part of the
24 record of said hearing:
25
26 1. Staff report prepared by Emily Schemper, Comprehensive Planning Manager, dated
27 June 15, 2017;
28 2. Supplemental staff report prepared by Emily Schemper, Comprehensive Planning
29 Manager, dated August 18, 2017;
30 3. Sworn testimony of Monroe County Planning & Environmental Resources
31 Department staff; and
32 4. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
33 Planning Commission Counsel; and
34
35 WHEREAS, based upon the information and documentation submitted, the Planning
36 Commission makes the following Findings of Fact and Conclusions of Law:
37
38 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
39 Monroe County Year 2030 Comprehensive Plan; and
40 2. The proposed amendment is consistent with the Principles for Guiding Development
41 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
42 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
43 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
44 OF MONROE COUNTY, FLORIDA, the Monroe County Planning Commission recommends
45 approval by the Board of County Commissioners of an amendment to the Monroe County Year
Resolution #P31 -17
File #2016 -183 Page 3 of 4
1 2030 Comprehensive Plan, as submitted by the Applicant on August 11, 2017, and including the
2 changes recommended by Staff in the Supplemental Staff Report dated August 18, 2017, and
3 with the added change of to the wording of "natural sedimentary depositions" to "natural
4 depositions."
5
6 PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
7 Florida, at a regular meeting held on the 30 day of August, 2017.
8
9 Denise Werling, Chair _Yes
10 William Wiatt, Vice -Chair _Yes
1 1 Beth Ramsey- Vickrey, Commissioner .Yes
12 Teri Johnston, Commissioner _Yes
13 Ron Miller, Commissioner Yes
14
15
16
17
18
19
20
21
22
23
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Denise Werlin Chair
Signed this "? ` day of N jv ll l . I -
24 Monroe County Planning Commission Attorney
25 Approved As To Form
26!
27
28 Date:
V
Resolution #P31 -17
File #2016 -183
10',
FILED WITH THE
P`` i 2017
AGENCY CLERK
Page 4 of 4
Corresponding Proposed Land Development Code Amendment
Duck Key Dredging (File #2016 -184)
Applicant's proposed text in is Planning Commission recommendations are shown with
deletions in purple with a and additions in purple with a double under llne)
Sec. 101 -1 Definitions
Sec. 118-10. - 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.
=1
(d) 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:
d. 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.
e. 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.
f. Exemptions:
1. Pursuant to Policy 202. 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 118- 10(d)(3)b:
File 2016 -184 Page 1 of 2
File 2016 -184 Page 2 of 2