Item M3 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 21, 2015 Division: Growth Management
Bulk Item: Yes No X Staff Contact Person/Phone #: Mike Roberts 289-2502
AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County Board
of County Commissioners amending the Monroe County Land Development Code §I 18-10 to improve
the water quality in the canal systems, characterized as having poor or fair water quality within the
2013 Monroe County Canal Management Master Plan, by providing for removal of organic material of
previously dredged artificial canals to depths greater than minus six (-6) feet mean low water by public
entities (County, State, or Federal).
ITEM BACKGROUND: In March, 2012, the Canal SUbcorm-nittee of the Florida Keys National Marine
Sanctuary (FKNMS) Water Quality Steering Committee initiated work on Phase I of the Canal
Management Master Plan (CMMP), using Water Quality Protection Program (WQPP) funds provided by
the Florida Department of Environmental Protection (FDEP). These funds were available for only a short
time (from March through June, 2012), as such, the timeline of Phase I was compressed and its scope was
limited to two objectives:
1) develop a basic conceptual framework for canal restoration and management that is comparable to
the frameworks used in the County's existing wastewater and storrnwater master plans; and
2) identify a short-list of high-priority canal restoration projects which can be implemented by the
County and other WQPP participants over the next several years.
One of the management strategies included in the CMMP is the removal of accumulated organic material
from some of the canals that exhibit fair to poor water quality. Currently, the LDC prohibits new dredging
and does not allow maintenance dredging within areas vegetated with seagrass beds or characterized by
hardbottom communities (e.g. benthic communities) except for maintenance in public navigation channels.
The LDC also limit.,; maintenance dredging to minus six (-6) feat mean low water. This arnendinent is
needed to provide for the removal of organic material from the canals identified in the CMMP as having
fair or poor water quality and where the sediments are a contributing factor to the degraded water quality.
The physical removal of accumulated organic sediments can reduce the consumption of oxygen and release
of nutrients from deeper water.
PREVIOUS RELEVANT BOCC ACTION: On September 17, 2014, the Monroe County Board of
County Commissioners held a public hearing to review and discuss the proposed text amendment regarding
canal restoration, recommended revisions and voted to transmit the amendment to the State Land Planning
Agency.
On October 17, 2014, the Monroe County Board of County Commissioners held a public hearing to review and
discuss the proposed text amendment regarding canal restoration and voted to transmit the amendment to the
State Land Planning Agency.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: NA
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Arty p 5 OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required.
DISPOSITION: AGENDA ITEM 4
2
3
4
5
6
7 ORDINANCE 2015
8
9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS AMENDING CHAPTER 118 ENVIRONMENTAL
11 PROTECTION; AMENDING SECTION 118-10�(4)C TO ALLOW THE
12 IMPLEMENTATION OF CANAL RESTORATION PROJECTS BY
13 PUBLIC ENTITIES (COUNTY, STATE OR FEDERAL) WHICH
14 INCLUDE THE REMOVAL OF ORGANIC MATERIAL OF
15 PREVIOUSLY DREDGED ARTIFICIAL CANALS CHARACTERIZED
16 AS HAVING POOR OR FAIR WATER QUALITY WITHIN THE 2013
17 MONROE COUNTY CANAL MANAGEMENT MASTER PLAN TO
18 DEPTHS GREATER THAN MINUS SIX (-6) FEET MEAN LOW WATER;
19 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAT, OF
20 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
21 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
22 STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY
23 CODE; PROVIDING FOR AN EFFECTIVE DATE.
24 ......
25
26 WHEREAS, water quality issues involving manmade canals have been evaluated by the U.S.
27 Environmental Protection Agency (Kruczynski 1999), the Florida Keys National Marine Sanctuary
28 (FKNMS 2007), and the Florida Department of Environmental Protection (FDEP 2008); and
29
30 WHEREAS, the Monroe County Canal Management Master Plan (CAMP) was completed oil
31 September 20, 2013; and
32
33 WHEREAS, the Canal Subcommittee of the FKNMS Water Quality Steering Committee
34 initiated work on Phase I of the CMMP to: 1) develop a basic conceptual framework for canal
35 restoration and management that is comparable to the frameworks used in the County's existing
36 wastewater and stormwater inaster plans, and 2) identify a short-list of high-priority canal restoration
37 projects which can be implemented by the County and other WQPP participants over the next
38 several years; and
39
40 WHEREAS, canals with poor water quality have the potential to cause significant harm to near
41 shore marine waters upon which the community depends; and
42
43 WHEREAS, within the CMMP, approximately five hundred canals were examined and ranked;
44 171 canals received a Good water quality classification, 180 received a Fair classification, and 131
45 received a Poor classification, and
46
Ord. No._-2014
Page I cal'4
I WHEREAS, since the canals discharge directly into near shore Outstanding Florida Waters in
2 the FKNMS, where DEP adopted a "zero-degradation"' policy for marine waters, addressing on-
3 going canal water quality impairment is of utmost importance; and
4
5 WHEREAS, at a regularly scheduled meeting held on the 26"' day of August, 2014, the Monroe
6 County Development Review Committee considered the proposed amendment; and
7
8 WHEREAS, at a regularly scheduled meeting held on the 27"' day of August, 2014, the Monroe
9 County Planning Commission field a public hearing for the purpose of considering the proposed
10 amendment and recommended approval to the Board of County Commissioners; and
11
12 WHEREAS, at a regularly scheduled meeting held on the 17" day of October, the Monroe
13 County Board of County Commissioners held a public hearing for a comprehensive plan
14 amendment regarding canal restoration and voted to transmit the comprehensive plan text
15 amendment to the State Land Planning Agency and Reviewing Agencies as defined in Section
16 1,63.3184(t)(c), Florida Statutes for review and comment; and
17
18 WHEREAS, at a regularly scheduled meeting held on the 21't day of January 2015, the
19 Monroe County Board Of County Commissioners held a public hearing to adopt the
20 comprehensive plan amendment regarding canal restoration; and
21
22 WHEREAS, the BOCC makes the following Conclusions of Law: 1) the ordinance is
23 consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State
24 Concern; 2) the ordinance is consistent with the provisions and intent of the Monroe County
25 Comprehensive Plan; and 3) the ordinance is consistent with the provisions and intent of the
26 Monroe County Code; and
27
28 WHEREAS, the BOCC may consider the adoption of an ordinance enacting the proposed
29 change based on one or more of the following factors in Section 102-158(d)(5)(b) of the Monroe
30 County Code: 1. Changed projections (e.g., regarding public service needs) from those on which
31 the text or boundary was based; 2. Changed assumptions (e.g., regarding dernographic trends); 3.
32 Data errors, including errors in mapping, vegetative types and natural features described in volume
33 1 of the plan; 4. New issues; 5. Recognition of a need for additional detail or corn p re lien siveness;
34 or 6. Data updates; and
35
36 WHEREAS, the BOCC makes the following Conclusion of Law: the proposed text
37 amendment would be consistent with the provisions of §102-158(d)(5)(b) of the Monroe County
38 Code and the proposed text amendments are necessary due to 102-158(d)(5)(b)4. New issues; 102-
39 158(d)(5)(b)5. A recognition of a need for additional detail or comprehensiveness; and 102-
40 158(d)(5)(b)6. Data Updates.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
43 COMMISSIONERS OF MONROE COUNTY,FI,ORIDA:
44
45 Section 1. Section 11 8-10 of the Monroe County Code is amended as follows:
46 (Deletions are stficken4hrot+gh and additions are underlined.)
47
Ord. No._-2014
Page 2 of 4
I Section 118-10 Environmental design for specific habitat types.
2
3 §I IS-10 (4)c. Dredging. The following restrictions shall apply to dredging activities:
4 1. No new dredging shall be allowed in the county except as specified for boat ramps in
5 section 11 8-12(l) (shoreline setback., boat ramps).
6 2. No maintenance dredging shall be permitted within areas vegetated with seagrass beds or
7 characterized by hard bottom communities except for maintenance dredging in public
8 navigation channels.
9 3. In order to facilitate establishment and prevent deggradation of bottom vegetation,
10 maintenance dredging in artificial waterways shall not exceed depths greater than six feet
I I at mean low water (MLW). This peli-ey restriction does not apply to the entrance channels
12 into Key West Harbor and Safe 1-larbor.
13 4. All dredged spoil materials shall be placed on permitted upland sites designed and located
14 to prevent runoff of spoil material into wetlands or surface waters.
15 5. All dredge activities require approvals by the Florida Department of Environmental
16 Protection and the U.S. Army Corps of Engineers prior to issuance of a county permit.
17 6. Ex 011s.
18 a. Pursuant to Policy 202.8.6, canal restoration projects to �IeteqRzne the
19 effectiveness National Marine Sanctuary
20 Water Quality Protection Pro zgtrn that meet the following crLJ riLLq[
21 restrictions in I 18-10(4)c(2):
22
23 i. Projects arc limited to previously dredged artificial canals characterized as having
24 poor or fair water qu ty—within the 2013 Monroe County Canal Managemen
25 Master Plan.
26 ii. PLoj�gcts are performed or funded by L)Ublic entities (County, State, or Federal for
27 organic material removal and-
28 iii. Projects are backfilled to a depth of Eft - M or an alternative de t1r as deterrarinecl
29 by best available scientific data and authorized by the state and federal permitting
30 agencies; an
31 iv. H /lydraulic (vacuum) dredging shall be considered the preferred means of removal of
32 the organic material. If hydraulic dredging is
-not-.._pl M _osed to accomplish the
33 organic material removal, a public hearing before the Board of County
34 Commissioners (130
35 b. Pursuant to Policy 202.8.6, two (2) demonstration ilot canal restoration ji.r 9 e ets t o
�
36 remove decomposing organic material from Previouslv dred ,red artificial canals down
37 to the bedrock without backfillirr will be erformed and evaluated for effectiveness,
38 Water quality monitoring of these two (2) organic removal pilot proi. ct shall be
39 conducted at a two 2 ear Dint of time and a ten 10 ear point of time after
40 completion of the piloL_pjQigcts and a water qualityre ort: shzrll be reviewed to
41 determine the effectiveness in improving dissolved oxygen concentrations as identified
42 in the surface water quality criteria in Ch. 62-302.530, F.A.C., in the two (2) organic
43 removal pilot projects canals.
44
45 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
46 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
Ord.No. -2014
Page 3 of 4,
I such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
2 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
3 provision immediately involved in the controversy in which such judgment or decree shall be
4 rendered.
5
6 Section 3. Conflicting Provisions. All Ordinances or parts of Ordinances in conflict with
7 this ordinance are hereby repealed to the extent of said conflict.
8
9 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
10 Planning Agency as required by F.S. 380.05 (11) and F.S. 3WO552(9).
11
12 Section 5. Filin . This ordinance shall be filed in the Off-ice of the Secretary of the State of
13 Florida but shall not become effective pursuant to Section 7 until a final order is issued according
14 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
15 approving the ordinance, and if the final order is challenged, until the challenge to the order is
16 resolved pursuant to F.S. Chapter 120.
17
18 Section 6. Inclusion in the Monroe County Code. The provisions of this Ordinance shall
19 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
20 addition to amendment thereto, and shall be appropriately rcriunibered to conform to the uniform
21 marking system of the Code.
22
23 Section 7, Effective Date. This ordinance shall become effective as provided by law and
24 stated above.
25
26
27 PASSED AND ADOPTED by the Board Of County Commissioners of Monroe County, Florida,
28 at a regular meeting held on the day of,-, 2015.
29
30 Mayor Danny 1- Kolhage
31 Mayor Pro Teen Heather Carruthers
32 Commissioner George Neugent
33 Con-imissionerDavid Rice
34 Commissioner Sylvia Murphy
35
36 BOARD OF COUNTY COMMISSIONERS
37 OF MONROE COUNTY, FLORIDA
38
39 BY
40 Mayor Danny L. Kolhage
41 (SEAL)
42
43 ATTEST: AMY HEAVILIN, CLERK
44 MONROE COUNTY ATTORNEY
45 RC3WED At, 0 FORM:
46 STEVEN T, WIL11-AMS
47 DEPUTY CLERK ASSISTANT COUNTY ATTORNEY
Date
Ord. No. -2014
Page 4 of 4
2
3
4 MEMORANDUM
5 MONROE COUNTY PLANNING &ENVIRONMENTAt.RFsotJRC s DEPARTMENT
6 we strive to be caring,professional and fair
7
8 To; Monroe County 'Board of County Commissioners
9
10 Through: Christine Hurley, Growth Management Division Director
1.1 Mayte Santamaria; Assistant Director of Planning & Environmental Resources
12
13 From: Michael Roberts, Sr. Administrator/Envi.ronniental Resources
14
1.5 Date: December 23, 2014
16
17 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY'
1.8 COMMISSIONERS AMENDING CHAPTER 118 ENVIRONMENTAL
1.9 PROTECTION; AMENDING SECTION 118-10(4)C TO ALLOW THE
20 IMPLEMENTATION OF CANAL RESTORATION PROJECTS BY PUBLIC:
21 ENTITIES (COUNTY, STATE OR FEDERAL) WHICH INCLUDE THE REMOVAL
22 OF ORGANIC MATERIAL OF PREVIOUSLY DREDGED ARTIFICIAL CANALS
23 CHARACTERIZED AS HAVING POOR OR FAIR WATER QUALITY wiTHIN THE
24 2013 MONROE COUNTY CANAL MANAGEMENT MASTER PLAN TO DEPTHS
25 GREATER THAN MINUS SIX (-6) FEET MEAN LOW WATER; PROVIDING FOR.
26 SEVERA13ILITY; PROVIDING FOR REPEAT.. OF CONFLICTING PROVISIONS;
27 PROVIDING FOR TRANSMII7AL "IO THE STATE LAND PLANNING AGENCY
28 AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE
29 MONROE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE,
30
31 Meeting: January 21, 2015
32
33 I REQUEST
34
35 Amend. Section 118-10(4)c to facilitate canal demonstration projects in order to implement the 2013
36 Monroe County Canal Management Master Plan and improve the water quality in the canal systems
37 of the Florida Keys.
38
39 II. REVIEW AND BACKGROUND INFORMATION
40
41 Monroe County Canal Management Master Plan (CMMMP� SVt. 20 2013
42 Water quality issues involving manmade canals have been evaluated by the U.S. Environmental
43 Prot:ection. Agency (K.rucrynsli 1999), the Florida Keys National Marine Sanctuary (FKNMS 2007),
44 and the Florida Department of Environmental Protection (FDEP 2008). As summarized in the
45 Monroe County Comprehensive Plan (201.1), these issues include anthropogenic (caused by humans;)
46 pollutant loadings from on-site sewage disposal and stormwater runoff, and accumulation of
I
I nonanthropogenic materials such as senescent seagrass leaves and other organic flotsam ("weed
2 wrack"), leading to elevated levels of nutrients, biochemical oxygen demand, hydrogen Sulfide, and
3 bacteriological water quality indicators such as fecal coliforms and enterococci.
4
5 Kruczynski (1.999) provided the following summary of water quality issues related to existing Keys
6 canals:
7 0 the water column of many canals over six feet deep is stratified and bottom waters are
8 oxygen deficient;
9 e because they usually violate Class III Surface Water Quality Standards, canals were excluded
10 from the State's previous Outstanding Florida Waters (OFW) designations;
1.1 * canal systems and basins with poor water quality are a potential source of nutrients and other
12 contaminants to other nearshore waters;
13 0 improving flushing of degraded canal systems may improve the water quality within the
14 canal, but may also result in adding additional nutrients to the adjacent waters; and
15 ® Seagrass, beds located near the triouths of some degraded canal systems exhibit signs of
16 undesirable nutrient, enrichment and eutrophication, such as increased epiphyte load and
17 growth of benthic algae.
48
19 In March, 2012, the Canal Subcomrmttee of the FKNMS Water Quality Steering Committee
20 initiated work on Phase I of the CMMP, using Water Quality Protection Program (WQI')P) funds
21 provided by the Florida Department of Environmental Protection (FDEP). These funds were
22 available for only a short time (from March through June, 2012), as such, the timeline of Phase 1
23 was compressed and its scope was limited to two objectives:
24 0 develop a basic conceptual framework for canal restoration and management that is
25 comparable to the frameworks used in the County's existing wastewater and storrnwater
26 inaster plans; and
27 0 identify a short-list of high-priority canal restoration projects which can be implemented by
28 the County and other WQPP participants over the next several years.
29
30 The scope of work included identifying the highest priority canals for restoration and to develop an
31 initial short-list of restoration projects.
32
33 The CMNIP describes the current situation, as follows: Canals with poor water quality have the
34 potential to cause significant harm to near shore marine waters upon which the community depends,
35 Water quality impairments within canals are most often associated with low dissolved oxygen (DO)
36 as a result of accumulated organic matter or lack of flushing. However, some evidence indicates that
37 nutrient enrichment from surrounding development has lead to biological imbalances (e.g., algal
38 bloorns) that further exacerbate the problem.
39
40 Approximately five hundred canals were examined and ranked as part of this effort using a
41 combination of Geographic Information Systems (GIS) tools and water quality field reconnaissance
42 to develop the best possible assessment. In total, 171 canals received a Good water quality
43 classification, 180 received a Fair e l,assifi cation, and 131 received a Poor classification.
44
2
I Since the canals discharge directly to near shore Outstanding Florida Waters in the FKNMS, where
2 DEP adopted a "zero-degradation" policy for marine waters, addressing on-going canal water quality
3 impairment is of utmost importance.
4
5 These projects are important to protect the near shore water quality of Monroe County, which has
6 extensive resources and protected areas including four National Wildlife Refuges and the Florida
7 Keys National Marine Sanctuary.
10 Florida Keys Management Areas
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29
30 The benthic resources of the Florida Keys include over I million acres of sea grass and the only
31 living coral reef in the continental United States (the 3 d largest living coral barrier reef in the
32 world).
33
34
35
36
37 Legend A
38
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1
2 Lxisjjpg Land Development Code
3
4 One of the management strategies included in the CMMP is the removal of accumulated organic
5 material from some of the canals that exhibit fair to poor water quality. Currently, the Monroe
6 County Land Development Code (LDC) prohibits new dredging and does not allow maintenance
7 dredging within areas vegetated with seagrass beds or characterized by hardbottom communities
8 (e.g. benthic communities) except for maintenance in public navigation channels. The LDC also
9 limits maintenance dredging to minus six (-6) feet mean low water(see below).
10
11 118-10(4)Mangroves, weflands, and submerged lands. All structures developed, used or occupied
12 on land classified as mangroves, wetlands or submerged lands (all types and all levels of quality)
13 shall be designed, located and constructed such that:
14 a. Generally Only docks and docking.facilities, boat ranips, walkways, water access walkways,
15 water observation platt6nns, boat shelters, nonenclosed gazebos, riprap, seawalls, bulkheads,
16 (Ind utility pilings shall be permitted on or over mangroves, wetlands, and submerged lands,
17 subject to the specific restrictions of this subsection. These restrictions shall not apply to
18 disturbed wetlands that have been lavifiilly converted into uplands through filling. Trimming
19 andlor removal of mangroves shall meet Rorida Department (#' Envirotunental Protection
20 requirements.
21 b. Pr(,nection of circulation, patterns. Shoreline structures shall be designed to protect tidal
22 flashing and circulation patterns.
23 c. Dredging. T lee following restrictions shall apply, to dredging activities:
24 I.No nevv dredging shall be allosved in the county except as specified fear~ boat ramps in
25 section 118-12(1) (shoreline setback, boat ramps).
26 2,1V0 maintenance dredging shall be permitted within- areas vegetated ivith seagrass beds
27 or characterized bY hard bottoms: communities except for maintenance dredging in public
28 navigation channels.
29 3.In, order to facilitate establishment qf bottom vegetation, maintenanc-e dredging in
30 artificial waterways shall not exceed depths greater than, six feet at mean, low water
31 (MI.W). This policy does not apply to the entrance channels into Key, West Harbor and
32 Saft? Harbor.
33 4.All dredged spoil materials shall be placed on pertnitted upland sites designed and
p 34 located to revent runqf,f(�fspoil inateria] into wetlands or su�face waters.
35 5,All dredge activities require approvals by the Florida Department cif" Environmental
36 Protection and the U.S. A rin,y Corps qf Engineers prior to issuance (?fa coun(V peralit.
37
38 This amendment is needed to provide for the removal of organic material from the canals identified
39 in the CMMP as having fair or poor water quality and where the sediments are a contributing factor
40 to the degraded water quality, The physical removal of accumulated organic sediments can reduce
41, the consumption of oxygen and release of nutrients from deeper water.
42
43 As detailed in the CMMP, many of these canals were originally excavated deeper than 6',
44 subsequently the accumulated sediments extend well below the -6 MLW limit contained in the
45 LDC.
46
4
1 111. PROPOSED AMENDMENT
2 (Deletions are str-ieken thfough and additions are underlined.)
3
4 Section 118-10 Environmental design for specific habitat types.
5
6 §118-10 (4)c. Dredging. The following restrictions shall apply to dredging activities:
7 1. No new dredging shall be allowed in the county except as specified for boat ramps in section
8 118-12(1) (shoreline setback, boat ramps).
9 2. No maintenance dredging shall be permitted within areas vegetated with seagrass beds or
10 characterized by hard bottom communities except for maintenance dredging in public navigation
1. 1 channels.
12 1 In order to facilitate establishment and prevent &�iadatioii of bottom vegetation, maintenance
13 dredging in artificial waterways shall not exceed depths greater than six feet at mean low water
14 (MLW). This pohey, restriction does not apply to the entrance channels into Key West, Harbor
15 and Safe Harbor.
16 4. All dredged spoil materials shall be placed on permitted upland sites designed and located to
17 prevent 1-L1u0ff0fspoil material into wetlands or surface waters.
18 5, All dredge activities require approvals by the Florida Department of Environmental Protection
19 and the U.S. Array Corps of Engineers prior to issuance of a county permit.
20 6. Exemptions:
21 a, Pursuant to Policy 202.8.6, canal restoration.pLojjp�cts de , oL.ed to determine the effectiveness of
22 water ClUality strategies of the Florida Keys National Marine Sanctuary Water Quajity Protection
23 Program that meet the following criteria are exempt from the restrictions in 1l8-l0(4)c(2'):
24
25 i. Projects are limited to previously dredged artificial canals characterized as having poor or
26 fair water quality within the 2013 Monroe County_Cagal Managrert Mager Plan,
27 ii. Proiects are performed of funded by public entities (County, State, or Federal f'or or anic
28 material removal
and-
29 iii. Projects are backfilled to�de ftigf Taft- 8ftor an alternative de nth as determined_hy, best
1_
30 available scientific data and authorized by the state and federal permitting agencies; and
31 iv. Hydraulic (vacuum') dredging shall be considered the
preferred means of removal of the
32 organic material. If hydraulic dredging is not proposed to accomplish the oK&nic material
33 e
34 required prior to issuance of a county ep mit.
35 b. Pursuant to Policy 202.8.6, two (2) demonstration pilot canal restoration 'Proiects to remove
36 decomp mg in or�Q�j � anic material from meviously dredged artificial canals 'down to th_Lq!g�w � the bedrock)
37 without: backfilling will be Verformed and evaluated for effectiveness. Water guAallgiY-MpilitoriLig
38 of these two (2) organic removal' pilot projects shall be conducted at a two (2) year point of time
39 and a ten (10) year point of time after coqWlotion of the ilot projects, and a water qua]L*ty t
40 shall be reviewed to determine the effectiveness in improving dissolved oxygen concentrations,
41 as identified in the surface water gunlit y criteria in Ch. 62-302.530, F.A.C. in the two (2)
42 organic removal pilot projects canals.
43
44
45
46
5
I IV. FLORIDA STATUTES AND FLORIDA ADMINISTRATIVE CODE RELATED TO
2 MAINTENANCE DREDGING AND DISPOSAL OF DREDGED SPOIL
3
4 Section 373.403, F.S. Definitions.—When appearing in this part or in any rule, regulation, or order adopted
5 pursuant,thereto, the following terms mean:
6 (8) "Maintenance" or "repairs" means remedial work of a nature as may affect the safety of any dam,
7 impoundment,reservoir, or appurtenant work or works, but excludes routine custodial maintenance.
8 (13) "Dredging" means excavation, by any ineans, in surface waters or wetlands, as delineated in s.
9 373.421(1). It also means the excavation, or creation, of a water body which is, or is to be, connected to
10 surface waters or wetlands, as delineated in s. 373.421(1), directly or via an excavated water body or series
H of water bodies.
12 (14) "Filling" means the deposition, by any means, of materials in surface waters or wetlands, as delineated
13 in s. 373,421(l).
14
15 Section 403.061, F.S. Department; powers and duties.—The departi-nent shall have the power and the duty
16 to control and prohibit pollution of air and water in accordance with the law and rules adopted and
17 promulgated by it and,for this purpose, to:
18 (24)(a) Establish a permit system to provide for spoil site approval, as may be requested and required by
19 local governmental agencies as defined in 1s. 403.1822(3), or rnosquito control districts as defined in s.
20 388.011(5), to facilitate these agencies in providing spoil sites for the deposit of' spoil from maintenance
21 dredging of navigation channels, port harbors, turning basins, and harbor berths, as part of a federal project,
22 when the agency is acting as sponsor of a contemplated dredge and fill operation involving an established
23 navigation channel, harbor, turning basin, or harbor berth. A spoil site approval granted to the agency shall
24 be (granted for a period of 10 to 25 years when such site is not inconsisterit with an adopted local
25 governniental comprehensive plan and the requirements of this chapter. The department shall periodically
26 review each permit to determine compliance with the terms and conditions of the permit. Such review shall
27 be conducted at least once every 10 years.
28 (b) This subsection applies only to those maintenance dredging operations permitted after July 1, 1980,
29 where the United States Army Corps of Engineers is the prime dredge and fill agent and the local
30 governmental agency is acting as sponsor for the operation, and does not require the redesignation of
31 currently approved spoil sites under such previous operations.
32
33 (37) Provide a supplernental penTritting process for the issuance of a joint coastal permit pursuant to s.
34 161.055 or environmental resource permit pursuant to part IV of chapter 373, to a port listed in s. 311.09(1)
35 (this list includes KeY West), for maintenance dredging and the management of dredged materials frorn
36 maintenance dredging of all navigation channels, port harbors, turning basins, and harbor berths. Stich
37 permit shall be issued for a period of 5 years and shall be annually extended for an additional year if the
38 port is in compliance with all perinit conditions at the tirne of extension. The department is authorized to
39 adopt rules to implement this subsection.
40
41 403.803 Definitions.—When used in this act, the term, phrase, or word:
42 (2) "Canal" is a manmade trench, the bottom of which is normally covered by water with the upper edges of
43 its sides normally above water.
44 (3) "Channel" is a trench, the bottom of which is normally covered entirely by water, with the Lipper edges
45 of its sides normally below water.
46
47 Section 403.813,, F.S. Permits issued at district centers;exceptions.-
48 ) A permit is not required Linder this chapter, chapter 373, chapter 61-69 1, Laws of Florida, or chapter
49 25214 or chapter 25270, 1949, Laws of Florida, for activities associated with the following types of
50 projects; however, except as otherwise provided in this subsection, nothing in this subsection relieves an
6
I applicant from any requirement to obtain permission to use or occupy lands owned by the Board of Trustees
2 of the Internal Improvement Trust Fund or any water management district in its governmental or proprietary
3 capacity or frorn complying with applicable local Pollution control programs authorized under this chapter
4 or other requirements of county and municipal governments:
5 (f) The performance of maintenance dredging of existing manmade canals, channels, intake and discharge
6 structures, and previously dredged portions of natural water bodies within drainage rights-of-way or
7 drainage easements which have been recorded in the public records of the county, where the spoil material
8 is to be removed and deposited on a self-contained, upland spoil site which will prevent the escape of the
9 spoil material into the waters of the state, provided that no more dredging is to be performed than is
10 necessary to restore the canals, channels, and intake and discharge Structures, and previously dredged
I I portions of natural water bodies, to original design specifications or configurations, provided thatt the work
12, is conducted in compliance with s. 379.2431(2)(d), provided that no significant impacts occur to previously
13 undisturbed natural areas, and provided that control devices for return flow and best management practices
14 for erosion and sediment control are utilized to prevent bank erosion and scouring and to prevent turbidity,
15 dredged material, and toxic or deleterious substances from discharging into adjacent waters during
16 maintenance dredging. Further, for maintenance dredging of previously dredged portions of natural water
17 bodies within recorded drainage rights-of-way or drainage easements, an entity that seeks ail exemption
18 must notify the department or water management district, as applicable, at least 30 days prior to dredging
19 and provide documentation of original design specifications or configurations where such exist. This
20 exemption applies to all canals and previously dredged portions of natural water bodies within recorded
21 drainage rights-of-way or drainage easements constructed prior to April 3, 1970, and to those canals and
22 previously dredged portions of natural water bodies constructed on or after April 3, 1970, pursuant to all
23 necessary state permits. This exemption does not apply to the removal of a natural or manmade barrier
24 separating a canal or canal system from adjacent waters. When no previous permit has been issued by the
25 Board of Trustees of the Internal Improvement Trust Fund or the United States Army Corps of Engineers
26 for construction or maintenance dredging of the existing manmade canal or intake or discharge structure,
27 such maintenance dredging shall be limited to a depth of no more than 5 feet below mean low water. The
28 Board of Trustees of the Internal Improvement Trust, Fund may fix and recover from the permittee an
29 amount equal to the difference between the fair market value and the actual cost of the maintenance
30 dredging for material rernoved during such maintenance dredging. However, no charge shall be exacted by
31 the state for material removed during such maintenance dredging by a public port authority. The removing
32 party may subsequently sell such material; however, proceeds from such sale that exceed the costs of
33 maintenance dredging shall be remitted to the state and deposited in the Internal Improvement Trust Fund.
34
35 Rule 40E-4.051 Exemptions From Permitting. Exemptions from permitting under Chapters 40E-4, 40E-40
36 and 40E-400, F.A.C. are set forth below. The performance of activities pursuant to the provisions of the
37 exemptions set forth in this section does not relieve the person or persons who are using the exemption or
38 who are constructing or otherwise implementing the activity from meeting the permitting or performance
39 requirements of other District rules. Nothing in this section shall prohibit the Department from taking
40 appropriate enforcement action pursuant to Chapter 403, F.S., to abate or prohibit any activity otherwise
41 exempt from permitting pursuant to this section if the Department can demonstrate that the exempted
42 activity has caused water pollution in violation of Chapter 403, F.S.
43
44 (2)Maintenance of Systems.
45 (a) The performance of maintenance dredging of existing rnanrnade canals, channels, basins, berths, and
46 intake and discharge structures, where the spoil material is to be removed and deposited oil a self-contained,
47 upland spoil site which will prevent the escape of the spoil material and return water from the spoil site into
48 wetlands or other surface waters, provided no more dredging is performed than is necessary to restore the
49 canal, channels, basins, berths, and intake and discharge structures to original design specifications, and
50 provided that control devices are used at the dredge site to prevent turbidity and toxic or deleterious
51 substances from discharging into adjacent waters during maintenance dredging. This exemption shall apply
7
I to all canals constructed before April 3, 1970, and to those canals constructed on or after April 3, 1970,
2 pursuant to all necessary state permits. This exemption shall not apply to the removal of a natural or
3 manmade barrier separating a canal or canal system from adjacent wetlands or other surface waters. Where
4 no previous permit has been issued by the Board of Trustees of the Internal Improvement Trust Fund, the
5 Department, the District or the United States Army Corps of Engineers for construction or maintenance
6 dredging of the existing manmade canal, channel, basin, berth or intake or discharge structure, such
7 maintenance dredging shall be limited to a depth of no more than 5 feet below mean low water.
8
9 Rule 18-21.003 Definitions.
10 When used in these rules, the following definitions shall apply unless the context clearly indicates otherwise:
11 (46) "Private channel" means a channel that is dredged or maintained by private entities to provide access to
12 or from such locations as private residences, marinas, yacht clubs, vessel repair facilities, or revenue-
13 generating facilities.
14 (50) "Public channel" means a channel that is constructed or maintained by a public entity such as a federal or
15 state agency, local government, or inland navigation district listed in Chapter 374, F.S., or that is part of a
16 public navigation project, public water management project, or a deepwater port listed in Section
17 403.021(9)(b), F.S.
18 (52) "Public navigation project" means an activity primarily for the purpose of navigation which is authorized
19 and funded by the United States Congress or by port authorities as defined by Section 315.02(2), F.S.
20
21 Rule 62-312.020 Definitions.
22 (7) "Dredging" is the excavation, by any means, in waters of the state. It is also the excavation (or creation) of
23 a water body which is, or is to be, connected to any of the waters listed in subsection 62-3 12.030(2), F.A.C.,
24 directly or via an excavated water body or series of excavated water bodies.
25
26 Rule 62-312.400 Intent.
27 (1) Part IV pertains to Outstanding Florida Waters, exclusive of all artificial water bodies, within Monroe
28 County, as identified in Rule 62-302.700, F.A.C., and is in addition to all other applicable Departmental
29 rules relating to environmental resource permit or grandfathered dredge and fill permit applications under
30 Part IV of Chapter 373, F.S. Artificial water bodies shall be defined as any water body created by dredging,
31 or excavation, or by the filling in of its boundaries, including canals as defined in subsection 62-312.020(3),
32 F.A.C., and borrow pits or waters resulting from rock mining activities.
33 (2)(a) The Environmental Regulation Commission finds that the waters of the Florida Keys and other
34 Outstanding Florida Waters in Monroe County are an irreplaceable asset which require special protection.
35 (b) Further, the Florida Legislature in adopting Section 380.0552, F.S., recognized the value of the Florida
36 Keys to the State as a whole by designating the Keys an Area of Critical State Concern. This rule
37 implements Section 403.06](34), F.S., and is intended to provide the most stringent protection for the
38 applicable waters allowable by law.
39 (3) Pursuant to Section 380.0552(7), F.S. (1986 Supp.), the specific criteria set forth in this section are
40 intended to be consistent with the Principles for Guiding Development as set forth in Chapter 28-29, F.A.C.
41 (August 23, 1984), and with the principles set forth in that statute. However, the criteria in this rule does not
42 apply to all waters within the Florida Keys. These criteria do not apply to artificial waterbodies within the
43 Florida Keys, as described in subsection 62-312.400(1), F.A.C. In addition, the four foot water depth
44 restriction for piers which do not provide commercial marine supplies or services and which are designed to
45 rnoor between three and nine boats are not applicable within the Outstanding Florida Waters that are within
46 the boundaries of the City of Key West or within Everglades National Park or areas north of the Park within
47 Monroe County. Docking facilities in those areas shall instead be subject to the three foot depth restrictions
48 specified in paragraph 62-312.420(2)(a), F.A.C. However, all other provisions of this part are applicable in
49 those areas.
50
8
I Rule 62-312.410 General Criteria.
2 (1) Subject to the provisions of the mitigation section of this part (Rule 62-312.450, F.A.C.), no
3 environmental resource permit or grandfathered dredge and fill permit under Part IV of Chapter 373, ES.,
4 shall be issued for any activity in Outstanding Florida Waters in Monroe County if such activity:
5 (a) Alone or in combination with other activities damages the viability of a living stony coral community
6 (Scleraoctinia and Milleporina), soft coral community (Alcynoacea, Gorgonacea and Pennatufacea), macro
7 marine algae con-imunity (Chlorophyta, Phaeophyta and Rhodophyta), sponge bed community (Porifera), or
8 marine seagrass (Hydrocharitaceae and Cymodoceae) bed community. This prohibition shall not include
9 algae unattached to the bottom, nor shall it include algae growing landward of the mean high water line or
10 growing as all epiphyte or periphyte oil woody plants. Foi-the purposes of this Part a marine seagrass bed or
l I marine rnacroalgae community means all area dominated by the listed biota having an areal extent of at
12 least 100 square feet. This paragraph does not imply that the Department cannot restrict the impact oil
13 smaller areas for such species based oil other Department rules;
14 (b) Has been initiated or completed without benefit of an environmental resource permit or dredge and fill
15 permit required by the Department.
16 (2) Subject to the provisions of the mitigation section of this part (Rule 62-312.450, F.A.C.), no permit shall
17 be issued for the placement of fill in Outstanding Florida Waters in Monroe County unless expressly
18 authorized by this male or unless the Department determines that under applicable rules a permit may be
19 issued in the following situations:
20 (a) Filling for projects which have been proposed by a governmental entity, public authority or public or
21 private utility; or
22 (b) Filling for any other projects located within the landward extent of wetlands identified solely by
23 vegetative dominance as described in paragraph 62-340.300(2)(b), F.A.C. Such areas do not include open
24 waters or wetlands identified by vegetative dominance as described in paragraph 62-340.300(2)(a), F.A.C.,
25 or by the provisions of paragraph 62-340.300(2)(c) or(d), F.A.C.
26
27 Rule 62-312.450 Mitigation.
28 Notwithstanding any of the prohibitions contained in this rule, the Department shall consider mitigation
29 pursuant to Section 373.414(l)(b), F.S., and applicable Department rules to determine whether the proJect
30 may otherwise be permittable. In any application for mitigation, the applicant shall demonstrate before
31 issuance of any permit, for the construction of the intended project that the proposed mitigation will be
32 effective. Mitigation shall not be permitted where it appears after due considerations that construction of the
33 intended project will cause irreplaceable damage to the site.
34
35 V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE
36 PLAN AND PRINCIPLES FOR GUIDING DEVELOPMENT
37
38 A. The proposed amendment is not inconsistent with the following Goals, Objectives and
39 Policies of the Monroe County Year 2010 Comprehensive Plan.
40
41 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure
42 the safety of County residents and visitors, and protect valuable natural resources.
43
44 GOAL 202: The environmental quality of Monroe County's estuaries, nearshore waters
45 (canals, harbors, bays, takes and tidal streams,) and associated benthic, resources shall be
46 maintained and, where possible, enhanced.
47
9
I GOAL 203: The health and integrity of living benthic resources and marine habitat, including
2 mangroves, seagrasses, coral reefs and fisheries, shall be protected and, where possible,
3 enhanced.
4
5 Objective 203.2: Monroe County shall protect submerged lands vegetated with seagrasses by
6 implementing regulations which will further reduce direct and indirect disturbances to
7 seagrasses.
8
9 Objective 203.6: Monroe County shall coordinate development and implementation of
10 programs and regulations to protect the living benthic resources of the Florida Keys with
11 other federal, state and local authorities with Jurisdiction over marine activities within the
12 Florida Keys.
13
14 GOAL 204: The health and integrity of Monroe County's marine and freshwater wetlands
15 shall be protected and, where possible, enhanced.
16
17 B. The amendment is not inconsistent with the Principles for Guiding Development for the
18 Florida Keys Area, Section 380.0552(7), Florida Statutes.
19
20 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
21 with the principles for guiding development and any amendments to the principles, the principles
22 shall be construed as a whole and no specific provision shall be construed or applied in isolation
23 from the other provisions.
24
25 (a) Strengthening local government capabilities for managing land use and development so that local
26 government is able to achieve these objectives without continuing the area of critical state concern
27 designation.
28 (b) Protecting shoreline and benthic resources, including mangroves,coral reef formations, seagrass beds,
29 wetlands, fish and wildlife, and their habitat.
30 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
31 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
32 their habitat.
33 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
34 development.
35 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
36 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
37 ensuring that development is compatible with the unique historic character of the Florida Keys.
38 (g) Protecting the historical heritage of the Florida Keys.
39 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
40 public investments, including:
41
42 i. The Florida Keys Aqueduct and water supply facilities;
43 ii. Sewage collection, treatment, and disposal facilities;
44 iii. Solid waste treatment, collection, and disposal facilities;
45 iv. Key West Naval An-Station and other military facilities;
46 V. Transportation facilities;
47 vi, Federal parks, wildlife refuges, and marine sanctuaries;
48 vii. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
49 viii. City electric service and the Florida Keys Electric Co-op; and
10
I ix. Other utilities, as appropriate.
2
3 (i) Protecting and improving water quality by providing for the construction, operation, maintenance,
4 and replacement of stormwater management facilities; central sewage collection; treatment and
5 disposal facilities; and the installation and proper operation and maintenance of onsite sewage
6 treatment and disposal systems.
7 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
8 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10),
9 as applicable, and by directing growth to areas served by central wastewater treatment facilities
10 through permit allocation systems.
11 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
12 Keys.
13 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys,
14 (in)Providing adequate alternatives for the protection of public safety and welfare in the event of a
1,5 natural or manmade disaster and for a postdisaster reconstruction plan,
16 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
17 the Florida Keys as a unique Florida resource.
18 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
19 with the Principles for Guiding Development as a whole and is not inconsistent with any
20 Principle.
21
22
23 VI. STAFF RECOMMENDATION
24 Staff recommends APPROVAL of the proposed amendments,
25
26 Staff has found that the proposed text amendments would be consistent with the provisions of §102-
27 158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from those on which the
28 text or boundary was based; 2. Changed assumptions (e.g., regarding demographic trends); 3. Data
29 errors, including errors in mapping, vegetative types and natural features described in volume I of
30 the plan; 4. New issues; 5. Recognition of a need for additional detail or comprehensiveness; or 6.
31 Data updates.
32
33 Specifically, staff has found that the proposed text amendments are necessary due to 4. New issues-,
34 5. A recognition of a need for additional detail or comprehensiveness; and 6. Data Updates.
35
36
37
38
39