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Item R3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 16, 2011 Division: Growth Manama Bulk Item: Yes ! No X Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley 289-2517 Pedro Mercado 295-3173 & Steven Biel 453-8732 AGENDA ITEM WORDING: A public hearing to consider approval of a resolution renouncing and disclaiming any right of the County and the public in and to the entire rights -of -way of Towhee Lane, Pelican Lane, Heron Drive, Flamingo Drive, and Limpkan Lane, as shown on Page 2 of the plat map of Boca Chica Ocean Shores, Geiger Key, Monroe County, Florida as recorded in Plat Book 5, Page 49 of the Public Records of Monroe County, Florida. ITEM BACKGROUND: The petitioner, the United States of America, has requested abandonment of the above -referenced rights -of -way in order to form an area of contiguous land ownership by the federal government to use as an environmental mitigation site for wetland reclamation/restoration projects. The petitioner has prepared a Grant of Easement that is being held in escrow by the county pending resolution to this abandonment request. The Grant of Easement is a perpetual non-exclusive 20-foot easement to install, service, and maintain utility lines and services and to provide access to a single- family residence on Lots 1 and 2 of Block 15. The proposed easement is the current access for the single-family residence; therefore, there will be no need to construct a new access. PREVIOUS RELEVANT BOCC ACTION: At the June 15, 2011 BOCC meeting, the BOCC approved Resolution No. 170-2011 setting a public hearing for October 19, 2011 in Key West for this request. October 19, 2011 — BOCC Continued item to the November 16th BOCC meeting in Key Largo to explore granting of license by the Navy for public access. CONTRACT/AGREEMENT CHANGES: The petitioner has prepared a Grant of Easement, which is being held in escrow by the County pending resolution of this abandonment request. The Grant of Easement is a perpetual, non-exclusive, 20-foot easement to install, service, and maintain utility lines and services and to provide access to the Lockamy property (Lots 1 and 2 of Block 15). STAFF RECOMMENDATIONS: Approval of resolution. Board of County Commissioners should evaluate Towhee Lane in relation to Section 19-1(a)(3) Monroe County Code. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 Petitioner. United States of America RESOLUTION NO. -2011 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND THE PUBLIC IN AND TO ENTIRE RIGHTS -OF -WAY OF TOWHEE LANE, PELICAN LANE, HERON LANE, FLAMINGO DRIVE, AND LIMPKAN LANE AS SHOWN ON PAGE 2 (SHEET 2) OF THE PLAT MAP OF BOCA CHICA OCEAN SHORES, GEIGER KEY, MONROE COUNTY, FLORIDA IN PLAT BOOK 5, PAGE 49 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter streets, alley -ways, roads or highways, WHEREAS, due notice has been published and a public hearing has been held in accordance with Chapter 336, Florida Statutes; and WHEREAS, at said public hearing the Board considered the argument of all parties present wishing to speak on the matter, and considered the renouncing and disclaiming of any right of the County and public in and to the hereinafter described streets, alley -ways, roads, or highways as delineated on the hereinafter described map or plat: and WHEREAS, the Board has determined that vacation of the said road is for the general public welfare, and conforms to the requirement of Florida Statute Sections 336.09 and 336.10; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that it hereby renounces and disclaims any right of the County and public in and to the following described streets, alley- ways, roads, or highways as delineated on the hereinafter described map or plat, to -wit: "The entire platted rights -of -way of Towhee Lane, Pelican Lane, Heron Lane, Flamingo Drive, and Limpkan Lane, all as shown on Page 2 (Sheet 2) of the plat map of Boca Chica Ocean Shores, Geiger Key, Monroe County, Florida according to the Plat thereof, as recorded in Plat Book 5, Page 49 of the Public Records of Monroe County, Florida. " PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 'day of •, 2011 Mayor Heather Carruthers Mayor Pro Tem David Rice Commissioner Kim Wigington Commissioner George Neugent Commissioner Sylvia J. Murphy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By, Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor Heather Carruthers 2 3 4 5 6 7 8 9 10 11 12 13 MONO z3 ���5#jig �1s`�, , MEMORANDUM Monroe County Planning & Environmental Resources Department We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Steven Biel, Senior Planner Through: Christine Hurley, AICP, Director of Growth Management Townsley Schwab, Sr. Director of Planning & Environmental Resources 14 Date: October 4, 2011 15 16 177 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 BOCC Meeting: October 19, 2011 (public hearing) REQUEST: The petitioner, the United States of America, has requested abandonment of the entire platted rights -of -way of Towhee Lane, Pelican Lane, Heron Drive, Flamingo Drive, and Limpkan Lane in Boca Chica Ocean Shores subdivision, Geiger Key, in order to form an area of contiguous land ownership by the federal government to use as an environmental mitigation site for wetland reclamation/restoration projects. At the June 15, 2011 BOCC meeting, the BOCC approved Resolution No. 170-2011 setting a public hearing for October 19, 2011 in Key West. REVIEW: In 1990, Resolution No. 334-1990 was approved by the BOCC for the abandonment of Osprey Lane, Townee Lane (should have been Towhee Lane), Pelican Lane, Geiger Road, Heron Drive, Flamingo Drive, Limpkan Lane. Due to procedural issues involving the proof of publication for the continuance of the initial public hearing and the publication of the adoption notice, the resolution has become void. The petitioner has not been able to provide this documentation nor has the County been able to locate this information. Since these documents have not been submitted to the County as of this date, the petitioner has to proceed with this current abandonment application. During the summer of 2007, the Navy's consultant, Mr. Robert Taylor, met with Judith Clarke to discuss the process for abandoning the undeveloped Pelican Lane right-of-way. The Navy was doing a mitigation project and the Pelican Lane right-of-way was in the middle of the parcel where it proposed to do the mitigation. It was pointed out to Mr. Taylor that as part of the abandonment the Navy would have to grant an easement to the property owner of RE No. 00143100.000000, which has a single-family residence on the property, because even though the owner was currently accessing his home across Navy land, if the County abandoned the Pelican Lane right-of-way it would officially eliminate all public access to the parcel. In order to address this problem, the solution the Navy proposed was to convey two parcels abutting County right of way to the County for use as public access to the single family residence. United States of America Rights -of -Way Abandonment Petition Reviewed by Page 1 of 4 I In November 2007, the issue of this residence connecting to wastewater was discussed with the 2 County. The residence is located in the Big Coppitt hot spot area but technically does not abut 3 county right-of-way. One solution for the residence connecting to wastewater was to get an 4 easement from the Navy since the FKAA wasn't going to run a line down the undeveloped 5 Pelican Lane right-of-way due to cost and the clearing of the right-of-way. The only other 6 option was to install an onsite system. 7 8 As the discussions progressed, the County made it clear that the County's interest would best be 9 served if the Navy, rather than conveying the 2 lots it had proposed, would simply provide an 10 easement for the driveway currently in existence. Upon review of the aerial maps and research 11 of the County's property records showing that the Navy owned all of the remaining parcels in the 12 subdivision, it also became apparent that the County could further reduce its liability exposure if 13 the Navy included the remaining roads in the subdivision in its request. The County staff 14 thereafter indicated it would be supportive of the abandonment of Pelican Lane as well as the rest 15 of the platted rights -of -way under consideration under this petition due to reducing liability to the 16 County. 17 18 This petition has been reviewed by County staff and written recommendations of no objection 19 were received from Monroe County Engineering Services, Fire Marshal, Code Compliance, and 20 the Monroe County Sheriffs Office. 21 22 The rights -of -way being requested for abandonment are platted rights -of -way that have not been 23 constructed. All platted lots that would be affected by this road abandonment request are owned 24 by the United States of America with the exception of one lot identified as real estate number 25 00143100.000000. 26 27 A conditional letter of no objection letter was received from the owner (Jack Lockamy) of a 28 single-family residence, identified as real estate number 00143100.000000 and legally described 29 as Block 15, Lots 1 & 2, Boca Chica Ocean Shores (PB5-49), Geiger Key, Monroe County, 30 Florida. The petitioner has prepared a Grant of Easement, which is being held in escrow by the 31 County pending resolution to this abandonment request. The Grant of Easement is a perpetual, 32 non-exclusive, 20-foot easement to install, service, and maintain utility lines and services and to 33 provide access to the Lockamy property (Lots 1 and 2 of Block 15). The proposed easement is 34 the current access for the single-family residence; therefore, there will be no need to construct a 35 new access. 36 37 Only one of the platted rights -of -way (Towhee Lane) being requested for abandonment would 38 preclude a way for the public to maintain access to open water. However, it should be noted that 39 the location where the right-of-way meets water, which provides a way for the public to maintain 40 access to open water, has a unique situation. This water is actually located above the "platted 41 lot" the Navy owns, via the plat and it was dredged years ago. The Navy purchased all the lots 42 that would be affected by this abandonment petition in the early 1980s with the exception of the 43 lot with the single-family residence (RE No. 00143100.000000). 44 45 Monroe County Code Section 19-1 - Abandonment of rights -of -way states: 46 United States of America Rights -of -Way Abandonment Petition Reviewed by Page 2 of 4 I (a) No dedicated and accepted right-of-way in the county shall be abandoned where: 2 (1) the right-of-way terminates on a body of open water; or 3 • The Towhee Lane platted right-of-way, as shown on Exhibit 1, does 4 not terminate on an open body of water; however, it does terminate on 5 a canal that leads to open water (identified as #1 on Exhibit 1). This 6 property is owned by the Navy, which also owns the platted bay 7 bottom lots. 8 • The Flamingo Drive platted right-of-way, as shown on Exhibit 1, was 9 dredged at some point between 1989 and 1992, creating two canals 10 that traverse Flamingo Drive (identified on Exhibit 1 as #2 & #3). 11 This does not create an instance where the right-of-way ends in open 12 water. The right-of-way crosses two points of the canals that lead to 13 open water but do not end in open water. Since the Navy owns the lots 14 that were excavated, it would also own the bay bottom that was 15 created. Based on the plat, there is no way for the public to get to the 16 area where the right-of-way meets the water. Therefore, there is no 17 access to public land on open water. 18 19 (2) the right-of-way provides access to the public to land on open water; or 20 • None of the platted rights -of -way being requested for 21 abandonment terminate on a body of open water. 22 23 (3) the abandonment would preclude a way for the public to maintain access to 24 the water. 25 • The requested abandonment of the platted right-of-way of Towhee 26 Lane abuts a body of water that may provide access to the public 27 of a dredged area where a previously platted lot once existed, 28 which has been dredged. 29 30 (b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is 31 an agreement to do so by all affected property owners. For purposes of this 32 subsection, an affected property owner is the owner of property which, if the right-of- 33 way is abandoned, will: 34 (1) Have access that is currently used by that property owner eliminated; 35 • As noted above, a conditional letter of no objection letter was 36 received from the owner (Jack Lockamy) of a single-family 37 residence, identified as real estate number 00143100.000000. 38 39 (2) Have the only platted access eliminated; 40 • The petitioner has prepared a Grant of Easement, which is being 41 held in escrow by the County pending resolution to this 42 abandonment request. The Grant of Easement is a perpetual, non- 43 exclusive, 20-foot easement to install, service, and maintain utility 44 lines and services and to provide access to the Lockamy property 45 (Lots 1 and 2 of Block 15). The proposed easement is the current United States of America Rights -of -Way Abandonment Petition Reviewed by Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 access for the single-family residence; therefore, there will be no need to construct a new access. (4) Have the paved area adjacent to that property increased for turn -around purposes; or • There are no paved areas adjacent to the Lockamy property and there are no proposed plans for a turn -around. (5) Be increased in size. • There would be no increase in size. (c) A road may be abandoned only at the terminal portion of the road and in its full width unless the abandonment will comply with the County Code requirements for road, turn -around, and fire -rescue access and one of the following circumstances exists: (1) An adjacent lot owner has on the platted right of way or within a setback a substantial structure which predates the Special Session Law 59-1578 pertaining to maps, plats and right of way. The term "substantial structure" specifically does not include wood or metal fences, sheds or tiki huts or other items not listed which are accessory structures. • Code Compliance has reviewed this request and did not note any structures within the platted rights -of -way. (2) The abandonment is requested by a County department or governmental agency for a public purpose. • All of the platted rights -of way being requested for abandonment, as well as all lots that could be accessed if the rights -of -way were ever constructed, are owned by the United States of America. The entire width and length of the rights -of -way are being requested for abandonment. The reason for this request is to form an area of contiguous land ownership by the federal government to use as an environmental mitigation site for wetland reclamation/restoration projects. (d) The board of county commissioners considers these a restriction on the rights of individuals who desire to abandon properties in accordance with F.S. § 336.09. • The petitioner meets the criteria above; therefore, there are no restrictions on the rights of the United States of America. The requested abandonment of the entire platted rights -of -way of Towhee Lane, Pelican Lane, Heron Drive, Flamingo Drive, and Limpkan Lane, as shown on Page 2 of the plat map of Boca Chica Ocean Shores, Geiger Key, Monroe County, Florida and recorded in Plat Book 5, Page 49 of the Public Records of Monroe County, Florida meets the criteria cited above and is therefore suitable for abandonment. RECOMMENDATION: Approval of resolution. Board of County Commissioners should evaluate Towhee Lane in relation to Section 19-1(a)(3) Monroe County Code. United States of America Rights -of -Way Abandonment Petition Reviewed by Page 4 of 4 FieParedby Department of the Navy NAVFAC SE Bldg. 903, Box 30 Yo&own Ave. NAS Jacksonville, FL 32212 , '7f M IZf �y—T y THIS Grant OfFasemeotmadetbisZf�day,2011betwcxntheUnited States of America, herein called the GomerraneM acting thtm h the Department of the Navy, hetem called the Grantor, and Monroe Cminty, a political subdivision of the State of Floada, haem called the Grantee~ whose address is 1100 Simonton Stx eex, Key West; Florida, 33040. WHEREAS, the Governmem owns all parcels which abut Towbee land, Heron Dmre, Flamingo Drive; and mvkm LaaewAmBocaCb=OcmnShores Subdivision; and WHEREAS, the Govemment owns all but two parcels which abut Pelican Lane within Boca China Shores subdivision; and WHEREAS, Lots 1 and 2 of Block 15 within the Boca Mica Shores Subdivision, which abut Pdj= Lme� arepd'atelY and WHEREAS, the Goveamwt is wglmg to grant Nk moe County an eacemetrt aevoss its pavperty to install, service, and maintain utility liras, andto provide public access to Lots 1 and 2 of Block 15, in excimp for Momoe C=xy abandoning the dedicated, Platted toads withm Boca China sham Subdivismn to the Gov and WFIfREAS, the utility and public access easernmis will doss Lots 10 and 11 of Block 14, and Lot 15 of Block 15 (as fiutlrec described inEXHIBIT Al which ate owned by the Govemtneot; and WHEREAS, the Secrecy of the Navy has fmmd that the granting of such easen= on the teans and conditions hereinafter stated is not mwippathle with the public interest; NOW THERFPORE, this Grant of Fasea>icit witra &wb that, is consideration of Wxmdomnent of Platted roads (WWMCEY, Towhee Lane, Pelican lane, Heron Dave, Flamingo Drive, and lm4* n Lane within the Boca Quca Ooean Shores Subdivision, Geiger Key, Momoe Ccamty, Key West; Florida) by the Grantee to the Government, the Goverzmaeat hereby grants to Monroe County and its suocessors and assigns, a perlxal nou- xclusive easema t to install, service, and maintam utthy limes and services and to provide access to Lacs 1 and 2 of Block 15, fta# that portion of the Goverurnesrt property haminafter descnbed, and as shown in Fzhrbits "A" and "B", guiched hereto and made part hereof, together with all tights and privileges necessary or Page 1 of 4 N69450-10-RP-00103 convet hu for the full enjoyment or use thereof for the aforesaid purpose, including the right of ingress and egress them aTxid=efivnz, along, under mad across the said property. A strip of land, 20 feet in width, lying and as shown in Exhbits "A" and "B", attached hereto and made part hereof 10.00 feet on bath sides of she following described centexiine, Commence at the Southeast cm= of Lot 10, Block 14, Boca Chia Ooeaa Shores, according to the Plat thereof as recorded in Plat Book 5, Page 49 of the Public Records of Mot= County, Florida, thence bear N20'3623T for a distance of 10.04 feet to the Point of BegumhW, Mmcebear N64°19'08"W for adista =of 192.66 feet; Thercebear N75°52'44" Wfora distanceof3130feet; Ti ahoe beer S7r 04'27"W for a digmm of 45.32 feet; Thence bear N90°00W" W 33.69 feet to a point on the Easterly boundary line of Lot 2, Block 15 of said Plat and the Point ofTa ninm Together with: The sib of the above described strip of land shall be emended and shortened to tmr nkgv, at East botmdary lutes of Los 1 and 2. Block 15 and the East boundary line of Lot 10 Block 14, all in Boca Chica Ocean Shames Subdivision, according to the Plat thereof as recorded in Plat Book 5, Page 49 of the Public Records of Monroe (`.minty, Flaida. TIS EASF1Vll NT is grmted subjectio the fio 0Wing terms and cornditioau: 1. All wank in connection with the installation, service, and rrn=xna e, of the access and utility line easement and to provide access to Los 1 and 2 of Block 15, shall be done without cost or a q=w to the Govenu ent and m accordance with plans approved in advance by the Commanding Officer, Naval Facilgies Fm&wxing Command Southeast, herchviter referred to as the Commending Officer. 2. All wodc shall cease and the Public Works Officer at Naval Air Stallion Key West" be notified if any buried debris or hazardous maDe W is enowneted during the installation, service, and maaht mce of the access and utilityline msemem with access to Lots 1 and 2 of Block 15. 3. The Grantee shall maintain the Pi ezruses in good condition at all trace and shall promptly make all repairs dam that may be neoessary for the preservation of the condition of the Premises and the continued maintern m of the access and utihty line easement with access to Lots 1 and 2 ofBlock 15. 4. The Grantee's rights he under shall be subject to such reasonable nrks and regulations as may be presafbed by the Government to assure that the exercise of such rights will not interfm with Govemmew activities at Naval Air Station Key West or with the secured Govemment perunetea at the Boca Chica Ocean Shores Subdivision. Page 2 of 4 N69450-10-RP-00103 5. Upon the termination of thus easetno t all it rovonents mstailed or constnuxed shall become property of the U.S. Navy. 6. Tf at arty Am= &m the Govemrwi detezn*= dial the access and utility tine easanent, or any portion ilhereot unduly h2etfezes with any of its activities, it shall have the right to temunate this easement, m whole or in pert, to the eutottnecessmy to elkninate such Provided that, it shalt convey to the Grantee, And charge, a ab tare easmot pean2pg the.Grantee to relocate tbe easement or a portion Ammot on adjacent Government psope dy, at the Grantor's cast and expense.'The substmiee easwmat shall eonrtam the same toms aril conditions as ftw of ft easerneM and shah bear ft same cq*afim date, if any. 7. Grantee shall comply with all applicable Federal, State and Local laws, regulations, and standards fhat are ormay become appticableto, the Granft!s activities onlhePronises. & Grantnc shall not be respormble for the cost and expense fvr any envannme W pomits refit W for operations under ties easement Copies of all required operations pemJils shall be provided to the Public Wodcs Officerat Naval AirStationKey West 9. Grantee shall, to the eawnt allowed under Florida Stat ift §76828, axlem>ufy and hold harmless the Govemment from any costs, expoiws, liabilities, fines or penalties resulting fmrn dish, emissions or spills arising frown Grantee's oawpancy, use or operation of the Eason= or any other action by the Grantee giving rise to Govemment liability, civil or cximinal, or nespmM y under Federal, Stare or Ideal ecrvino unerad laws. This pcovisiorh shall survive the easpaation cc Mori of this F.aseanent� and the Gm at ee' obligations hounder shall apply whenever Govemnnort moors costs or liabilities for Grantee's actions. Northing book shall be cousttued as expanding any liability of Grantee beyond did pmvided'mRonda Statute §76828 reMUgto sovemign irrlanmO 10. Grartbee shaD, to the eacbent dbwed under Roma Stab& §768A y and hold hamhiess the Gavemment fiom and Witte all debts, cleans, judg�toeats, costs and expenws asserted by anyperson who is injured, or whose property is damaged as a result of or arising out d the use or ooapincy of the Easement by Grantee or odterwise (exoepung mataers c mm d by ft egli nee, or ir>Mrho sal act of the Govemment or its agents, employees, or couarac tons). Nodmhg heroin shah be oonsaued as eaparxling any 6abiMy of Grantee beyond that provided m )Florida Saw §76828 relating to sovex p imiYmnity. 11. All or any part of dhe casonot maybe tennmated upon f Aw by the Grantee o, comply with any of its terns and conditions, upon abandonmentof the ng�its grantedhoein, or upon non-use of such rights for a period oftwo oonsea>rivve years. 12- The Govemment may use the Premises of this easement for any purpose ft does not unmwnably interfere widhthe use" enjoyment by the Grantee of the gcanredby this easement, Page 3 of 4 N69450-10-RP-00103 IN MnINM WMWF, The Unked. Swm cf Arnedca, actqg huugh te Dqatmiat of The Navy, bas cmisedg�shtnmiattDboacaAedtbedayandyeff wkwfatabovt WITNESS: UNITED STATES OF AMERICA -41k A 11 - =ja By: Department of the Navy By Timothy T. Yon6a Real Estate Contracting Officer V�- 1RA % I PERSONALLY appeared before me �Iavl C.%4,j. �& lVtjj!VA�44, who being duly swom, says that4hf,— saw the within name,�=T.AMWL#� ' at and seal the f *,p-,jL&oj '0=[V;TtE?, -77y� —If If Auotwr.-&-�'4tes of America, and that_ — with.146i tic A Witnessed the execution therof. Swom to before me this day of )Y Ot4, -2011. Notary Aublic for the State of Florida 1.90'sWe 3fiN COMMOODOMM @telex WT.= iTiffel I H k MEN* My c(Cssion ex/pires: N69450-10-RP-00103 urn ROOM - To. 01" mw OF BOL")w SURVEY ML P.A. LOTS 1 6 2, OLOCR IS 50CA CHICA OCEAN SGME5 FAM 91U, M.'!j r mr Petitioner. United States of America RESOLUTION NO. 170-2011 A RESOLUTION SETTING THE DATE, TIME, AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT OF THE ENTIRE RIGHTS -OF -WAY OF TOWHEE LANE, PELICAN LANE, HERON LANE, FLAMINGO DRIVE, AND LIMPKAN LANE AS SHOWN ON SHEET 2 OF THE PLAT MAP OF BOCA CHICA OCEAN SHORES, GEIGER KEY, MONROE COUNTY, FLORIDA IN PLAT BOOK 5, PAGE 49 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of Monroe County, Florida, has received a petition to renounce and disclaim any right of the County and the public in and to the hereinafter streets, alley -ways, roads or highways; and WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing after publishing due notice of said hearing in accordance with said Chapter; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board will hold a public hearing on October 19, 2011, at 3:00 P.M. at the Harvey Government Center, 1200 Truman Avenue 2°d Floor, Key West, Florida, to determine whether or not the Board will renounce and disclaim any right of the County and the public in and to the following described streets, alley -ways, roads, or highways as delineated on the hereinafter described map or plat, to -wit: "The entire platted rights -of -way of Towhee Lane, Pelican Lane, Heron Lane, Flamingo Drive, and Limpkan Lane, all as shown on Page 2 of the plat map of Boca Chica Ocean Shores, Geiger Key, Monroe County, Florida according to the Plat thereof, as recorded in Plat Book 5, Page 49 of the Public Records of Monroe County, Florida. " C= -n PASSED AND ADOPTED by the Board of County Commissioners of Monroet.9pilty, Flarid4' at a regular meeting of the Board held on the 15`s day of June, 2011 -; Mayor Heather Carruthers Yes - Mayor Pro Tem. David Rice Yes .� a Kim Wigington Yes m George Neugent Yes o �LZ&lvia J. Murphy Yes L. KOLHAGE, CLERK M4 BOARD OF COFNTY COMMISSIONERS OF MONROE �JLOREI)A By Mayor Heather Carruthers MON PE6OUNTY ATTORNEY APROVED AS TO FORM 10;=tq: - SC -// APPLICATION MONROE COUNTY PLANNING di ENVIRONMENTAL RESOURCES DEP EUbEr JAN 12 2011 �U MONROE CO. PLANNING DEPT. An application mast be deemed complete and Is compiianca with the Moons County Code by the Staff Prior to the item bring sebedaled for review Road Abandonment Application Fee: $1,533.00 In addition to the applicadon fee, the f flowing fees also apply. Advertising Costs: $245.00 Date of Sobmital: Z _/ 12 / p9i f Month Day Year Property Owner / Petitioner: United States of America Name Mailing Address (Strteet, Cky, State, Zip Code) Daytime Phone Email Address Descriptiou of roadway to be abandoned: Agent (if applicable): Gail Kennon, Naval Faciftties Engineering Command Name do NAS Key West PO Box 9007, Key West, Florida 33040 Mailing Address (Street, City, State, Zip Code) 305-293-2633 Daytime Phone gail.kensonCbnavy.mil Email Address All of Townee Lane, Pelican Lane, Herron Drive, Flamingo Drive. and Limldn lane as shown on Sheet 2 of the plat map of Boca Chica Ocean Shores Subdivision in flat Book S. Pape 49 of the otlicial records of Monroe Cocmty, Florida Petitioners seek the abandonment for the following reasons: To form an area of contiguous laaxi ownership by the federal government to us as an environmental adfigaDon site for wetland reclarnatio irestorallon projects. Page 1 of 4 Last Revised OU2610 APPLICATION Legal description of contiguous property in which the abandoned roadway would become part: (if in metes and bounds, attach legal description on separate sheet) Refer to Sheet 2 of plat map of Boca Chsca Ocean Shores Subdivision PB 5-49 Block Lot Subdivision Key (Island) Real Estate OM Number Alteroate Key Number Street Address (Street, City, State, Zip Code) Approximate Mile Marker Present use of the roadway to be abandoned: Proposed use of the roadway to be abandoned: Total land area of the roadway to be abandoned: Road has never been used or improved US government environmental mt"bg' anon 5.9 acres +/- Please provide all reasons for why the county should grant the road abandonment (ifnecessary, attach additional sheets): The US government owns ag of the lots in the area of the mad abandonment. The roads and never used or improved and are not part of the countys transportation system or faa7iyes. The Navy can use this area as a site to mitigate environmental impacts at NAS ! ft West by redaimiNfresio ft fundiorW wetlands. Monroe County Code Section 19-1- Abandonment of rights -of -way states: (a) No dedicated and aocepted right-of-way in the county shall be abandoned where: (1) the right-of-way terminates on a body of open water; or (2) the right -of --way provides access to the public to land on open water; or (3) the abandonment would preclude a way for the public to maintain access to the water. (b) In all other cases of abandonment, no right -of --way shall be abandoned unless there is an agreement to do so by all affected property owners. For purposes of this subsection, an affected property owner is the owner of property which, ifthe right-of-way is abandoned, will: (1) Have access that is currently used by that property owner eliminated; (2) Have the only platted access eliminated; (3) Have the paved area adjacent to that property increased for tsar -around purposes; or (4) Be increased in size. (c ) A road may be abandoned only at the terminal portion of the road and in its full width unless the abandonment will comply with the County Code requirements for road, turn -around, and fire -rescue access and one of the following circumstances exists: (1) An adjacent lot owner has on the platted right of way or within a setback a substantial structure which predates the Special Session Law 59-1578 pertaining to maps, plats and tight of way. The term "substantial structure" specifically does not include wood or meted fences, sheds or tiki huts or other items not listed which are accessory structures. (2) 76e abandonment is requested by a County department or govemrnental agency for a public purpose. Page 2 of 4 Last Revistil 07W O APPLICATION (d) The board of county commissioners considers these a restriction on the rights of individuals who desire to abandon properties in accordance with F.S. § 336.09. All of the following mast be submitted in order to have a complete application submittal: (Please check as you attach each required item to the application) ® Complete road abandonment application (unaltered ard unbound); El Correct fee (check or money order to Monroe County Planning & Environmental Resources); ® Legal description of the portion of the roadway to be abandoned in metes and bounds; Plat Map ® Proof of ownership of the petitioner's property(s) (i.e. Warranty Deed), ❑ Current Property Record Card(s) from the Monroe County Property Appraiser for the petitioner's property; ® Location map (i.e. copy of strip map, aerial photograph); ® Photograph(s) of the roadway to be abandoned; ® Signed and Sealed Survey of roadway to be abandoned and all adjoining properties, prepared by a Florida registered surveyor —12 sets (At a minimum% survey should include a legal description of the roadway; elevations; location and dimensions of all existing structures, paved areas and utility structures; roadways and easements; and all bodies of water on the site and adjacent to the site. The portion of the roadway to be abandoned should be marked with diagonal limes and the petitioner's property should be clearly delineated); The plat is being submitted in lieu of signed and sealed surveys of the roadway. ® Letters of "No Objection" from all utility companies (Florida Keys Aqueduct Authority (FKAA), Florida Keys Electric Cooperative (FKEC) or Keys Energy Services; telephone utility, gas utility, cable utility, wastewater treatment authority, etc.); Letters of "No Objection" from all affected property owners (an affected property owner is a) one who would have a means of access to his or her property closed off as a result of the abandonment even though he, or she may not actually use the right-of-way prior to abandonment or b) one whose property abuts the portion of the roadway to be abandoned); ❑ IF A CUL-DE-SAC OR "T TYPE" TURNAROUND IS RBQD to be constructed, it an'11 be the responsibility of the Petitioner, if the road to be abandoned will result in an existing rock or paved road being shortened See Monroe County Code §9.5 296(p). Your petition should specifically state your agreement to construct either the cul-de-sac or `T-type" turnaround per County Standard Specificaticaas and Details. (Should you need additional information regarding this matter, please contact the Monroe County Engineering Departumt directly by phoning (305) 292-4427). If applicable, the following roust be submitted in order to have a complete application submittal: ❑ Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the subject prey) If deemed necessary to complete a full review of the application, the Planming & Environmental Resources Department reserves the right to request additional information. Petitioners agree to be responsible for and pay for all costs of advertising and recording fees incurred relative to this request for the abandonment. The filing of a petition does not entitle one to abandonment. Petitioners further agree to grant any easemcr►t necessary for the furnishing of utilities, including without limitation, electric power, water, sewer, telephone, gas, cable and other electric communication services to the Page 3 of 4 Lsst Revised 07n010 APPLICATION Wo bwsobr PdNba tie HoMerabb Be" of Couty Cowmhd en to rewpasee ward disdain any wwd of the CntW and tlrepwbpe br, aid rm the abov"rafereaaed street, Wkywaty road of dgb6oE4q was tWdw depicted and described is the atlad=vmH. By s*gogbdow. lend* that lam fimiWr with the iiaSornasdm oonewiaed in this oppifeetion, WA that io Me bat of wt Mich 6 is truer ooWe0e and mumtr. nee_ !? 4c-f- a010 swam barn me lids � dry of G tez = �• i if C_ Iw" 8/2 rAl la a[y Caaamtesiaa twWN"VAtsnne ......I Plan aead the . praailairgi*tg ioowoe Coemdy FLop�lg dt littY$oemoaW ReeOaacea Daps ft Cbelet.2796 0mmu I ty. Sate d00. Mm hM FL 33050. p to 4 of e Yssi Rawlad 0211ON County of Monroe Growth Management Division Plaanfaa & Envirgnmenta Aesourm Devalimt 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 -we strive to be caring, professional and fair Date: 1. » . / t Dear Applicant: Board of County QMm uloners Mayor Heather Carruthers, Dist. 3 Mayor Pro Tan David Rice, Dist. 4 Kira Wigington, Dist. l George Neugent, Dist. 2 Sylvia L Murphy, Dist. 5 Time: pA This is to acknowledge submittal of your application for Type of application a-{= Oweri` to the Monroe County Planning Department. — Project / Name Thank you. Planning Staff CONDITIONAL LETTER OF NO OBJECTION I, Jack L. Lockamy, am an affected property owner whose real property abuts a roadway to be abandoned, and acknowledge I will have a means of access to my property closed off as a result of the road abandonment, even though I have not actually used any rights of way of the roads listed below for access to my property prior to abandonment. I Jack L. Lockamy, an affected property owner, do not object to the abandonment of all of the following roads to the United States of America: Townee Lane, Pelican Lane, Heron Drive, Flamingo Drive, and Limkan Lane, as these roads are shown on Sheet 2 of the Plat Map of Boca Chica Ocean Shores Subdivision, filed in Plat Book 5, Page 49 in the Public Records of Monroe County, Florida. My non -objection is conditioned upon the Navy's agreement to grant to Monroe County contemporaneously with. the County's abandonment of the preceding roads an easement for public access and utility's in recordable form to Monroe County containing the following legal description: A strip of land, 20.00 feet in width, lying 10.00 feet on both sides of the following described centerline, COMMENCE at the Southeast comer of Lot 10, Block 14, Boca Chica Ocean Shores, according to the Plat thereof as recorded in Plat Book 5, Page 49 of the Public Records of Monroe County, Florida, thence bear N20036'23"E for a distance of 10.04 feet to the Point of Beginning; Thence bear N64° 19108"W for a distance of 192.66 feet; Thence bear N75°5244"W for a distance of 31.30 feet; Thence bear S72'04'27"W for a distance of 45.32 feet; 'thence bear N90°00'00"W 33.69 feet to a point on the Easterly boundary line of Lot 2 Block 15 of said Plat and the Point of Terminus. The sidelines of the above described strip of land shall be extended and shortened to terminate at East boundary lines of Lots I and 2, Block 15 and the East boundary line of Lot 10 Block 14, all in Boca Chica Ocean Shores, according to the Plat thereof as recorded in Plat Book 5, Page 49 of the Public Records of Monroe County, Florida. (Signature Page to Follow) Sig on even da by and Jack . LxoanKllr On: yo Date C UNTY So�MONROE KEYWESTLORIDA33040 (30S) 294-4641 OFFICE of the FIRE MARSHAL 490 63`d Street Marathon, FL 33050 PHONE: (305) 289-6010 FAX: (305) 289-6013 Townsely Schwab Monroe County Planning Dit-ector Monroe County Growth Management January24, 2011 Re: United States of America - Pile #2011-002 Road Abandonment Dear Townsely, BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tem David Rice, District 4 Kim Wigington, DisMct 1 George Neugent, District 2 Sylvia J. Murphy, District 5 The Monroe County Fire Marshal's Office has no objection to the abandonment petition indicated above. There are no issues of fire department access. If you are in need of further information or have any questions, please do not hesitate to call. Sincerely, Fire Prevention Cc: Rick Tassoni, Assistant Fire Marshal James Callahan, Fire Chief Monroe County Sheriff's Office �,&, -Tp6ert P. Peryarf, Sheriff r'l 5525Colfege Road o! 90yW at, Flon&.33040 (30.9 292-7000 YAX (305J zsz-Toro 14W-2i3-COPS www.keym.net SUBSTATIONS Freeman Substation 20950 Overseas Hwy. Cudjoe Key, FL 33042 (305) 745 3194 FAX (305) 745-3761 Marathon Substation To: Colonel Rick Ramsay 01/28/2011 Overseas Hwy. Fr: Capt. Gene Thompson Marathon, L 33050 (305) 289-2430 Ref: road abandonment FAX (305) 289-2497 lslarnorada Substation 86800 Overseas Hwy. Islamorads, FL 33036 (305) 664.6480 FAX (305) 853-9372 Colonel Ramsay I received the packet in regards to requesting a Roth Building road abandonment. I conducted a physical inspection of the area 50 High Point Road Tavernier, FL 33070 under review for the abandonment. FAX 305)BS' I walked the area of concern and was unable to locate any FAX (305) 853-3205 DETENTION CFI structures or residences. A swinging metal gate presently blocks the road. The gate containing two locks one for MCSO with a 5301 West ne� Center combination and one for Keys Energy Service with a key lock. I Key west, FL 33040 spoke with Keys Energyutility workers n e area. The (305) 293-730o P � kith y stated if FAX (305) 293.7353 they need access to the utility poles or lines runningparallel with Marathon Dot. Facility 3981 Ocean Terrace Geiger Road they can access the gate. Merathoo, FL 33050 (305)289-2420 I spoke with project participant Gail Kenson who stated the land FAX (305) 289-2424 will be used as an environmental wetland so access will bedifficult. Plantation Dee. Facility This area does not lead to any public use property; therefore it 53 High Point Road Plantation Key, FL 33070 will not conflict with police and fire operations. FAX(305) $53 3270 Colonel Ramsay I do not foresee any conflicts with approving SIMCIALOPERATION5 this request. P.O. Box 50m9 Marathon, FL 330SO (305) 289-2410 FAX (305)239-2498 Respectfully - AVIATION DIVISICII 10100 Overseas Hwy. . G..f Marathon, FL 33030 �� Capt Gene Tho pson (305)289-2777 FAX (305) 289.2776 COMM DIIC IJONS ,w/rdfra� 27% Overseas Hwy. Marathon. FL 33050 ) (305) 289-2351 t t c FAX (305) 289-2493 r a , Engineering Department MEMORANDUM To: Ms. Gail Creech, Planning Commission Coordinator From: Judy Clarke, P.E. Director of Engineering Services Date: March 15, 2011 Re: United States of America Road Abandonment Petition File #2011-002 I have reviewed the above referenced road abandonment petition and have no objections. The abandonment is contingent upon the granting of the easement to access the one developed property in the subdivision. If you have any questions or need any additional information, please feel free to contact me by telephone at 305-295-4329 or by email at carke-Judith cni monroecounty-fl_gov. Thank you. MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION BUILDING DEPARTMENT We strive to be caring, professional and fair DATE: March 1, 2011 TO: Townsley Schwab, Planning Director FROM: Ronda Norman, Sr. Director, Code Compliance��piS•r�cts�J SUBJECT: File #2011-002 Road Abandonment Petition An inspection of the property located in this abandonment package was conducted and found no code violations. The tot is overgrown with Brazilian Pepper and Buttonwood. Aerial photos show clearing and improvements such as landscaping on and around the surrounding parcels and should be inspected by the County Biologist to see if further enforcement action should be taken against the applicant. f �t Cd All z W rJA X 0 c 16 0 0 z o o o CL 0 m -j ui W IL M CM on I I I I qu ON I I I L; United States of America Department of Navy '90 JUL 17 P 2 :56 RESOLUTION NO. 334 -1990 ttu, WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter described streets, alley -ways, roads or highways, and WHEREAS, due notice has been published and a public hearing has been held in accordance with Chapter 336, Florida Statutes, and WHEREAS, at said public hearing the Board considered the argument of all parties present wishing to speak on the matter, and all premises considered concerning the renouncing and disclaiming of any right of the County and the public in and to the hereinafter described streets, alley -ways, roads or highways as delineated on the hereinafter described map or plat, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. That the Board hereby renounces and disclaims any right of the County and the public in and to the following described streets, alley -ways, roads or highways as delineated on the hereinafter described map or plat, to -wit: Osprey Lane: Commencing at the SE corner of Lot 13, Block 12, Boca Chica Ocean Shores, P.B. 5-49 or the point of beginning, bear due west a distance of 215.0', thence northwesterly 42.7' along a 25' radius curve concave southwesterly, thence N2O 48'56"E a distance of 45.07', thence due west a distance of 25.7', thence S20048'56"W a distance of 19,% 55', thence due east a distance of 25.7', thence N2O 48'56"E a distance of 47.04', thence northeasterly 42.7' along a 25' radius curve concave northwester6ly, thence due east a distance of 215.0', thence N20 48'56"E a distance of 53.42' back to the point of beginning. Townee Lane: Commencing at the SE corner of Lot 11, Block 13, Boca Chica Ocean Shores, P.B. 5-49 or the point of begin- ning, bear due west a distance of 225.0', thence northwesterly 42.7' along a 25' radius curve concave southwesterly, thence N2048'S6"E a distance of 47.07', thence due west a distance of 25.7', thence S20048'56"W a distance of 10178'. thence due east a distance of 60.0', thence S2O 48'56"W a distance of 101.77', thence due east a distance of 25.7', thence N20048'56"E a distance of 45.07' thence northeasterly 47.7' along a 25' radius curve concave northwesterly, thence due east a distance of 165.0', thence N20048'56"E a distance of 53.42' back to the point of beginning. Pelican Lane: Commencing at the SW corner of Lot 13, Block 15, Boca Chica Ocean Shores P.B. 5-49 or the point of beginning, bear N20b48'56"E a distance of 155.0', thence northeasterly 42.7' along a 25' radius curve concave northwestefly, thence due east a distance of 47.07', thence N20 48'56"E a distance of 26.4 ', thence due west a distance of 203.55', thence S20 48'56"W a distance of 26.31', thence due east a distance of 45.07', thence southeasterly 42.7' along a 25' radius curve concave northeasterly, thence S20048'56"W a distance of 155.0', thence due east a distance of 53.42' back to the point of beginning. Geiger Road: Commencing at the SE corner of Lot 34, Block 16, Boca Chica Ocean Shores P.B. 5-49 or the point of beginning, ear N89b40'38"W a distance of 598.82', thence S00 10'17"W a distance of 50.0' thence S89 40'38"E a distance of 598.82', thence N000'10'17"E a distance of 50.0' back to the point of beginning. Heron Drive: Commencing at the SW corner of Lot 34, Block 16, Boca Chica Ocean Shores, P.B. 5-49 or the point of beginning, bear N20048'56"E a distance of 885.0', thence northeasterly 42.7' along a 25' radius curve concave northwesterly, thence due S89 40'38"E a distance of 47.07', thence N20048'56"E a distance of 26.31', thence due N89040'38"W a distance of 203.55, thence S20048'56"W a distance of 26.31', thence due S89040'38"E a distance of 45.07', thence southeasterly 42.7' along a 25' radius curve concave northeasterly, thence S20 48'56"W a distance of 885.0', thence S89040'38"E a distance of 53.42' back to the point of beginning. Flamingo Drive: Commencing at the SW corner of Lot 32, Block 17, Boca Chica Ocean Shores, P.B. 5-49 or the point of beginning, bear N20048'56"E a distance of 951.2', thence northwesterly 146.58 along a 100' radius curve concave northeasterly, thence N69°11'04"W a distance of 325.0', thence southwesterly 108.13' along a 100' radius curve concave northwesterly, thence S20 48'S6"W a distance of 140.0', thence southeasterly 170.28' along a 100' radius curve concave southwesterly, thence S69°11'04"E a distance of 25.0', thence southwesterly 70.34' along a 50' radius curve concave northeasterly, thence S20048'56"W a distance of 163 A', thence S69011'04"E a distance of 50.0', thence N20 48'56"E a distance of 163.0', thence northwesterly 157.08' aloe a 100' radius curve concave northeasterly, thence N69 11'04'W a distance of 25.0', thence northeasterly 75.54' along a 50' radius curve concave southwesterly, thence N20 48'56"E a distance of 152.0', thence northeasterly 75.54' along a 50' radius curve concave northwesterly, thence S69°11'04"E a distance of 318.06', thence southeasterly 73.12' along a g0' radius curve concave northeasterly, thence S20 48'56"W a distance of 983.76', thence S89 40'38"E a distance of 53.42' back to the point of beginning. Limpkan Lane: Commencing at the SW corner of Lot 14, Block 19, Boca Chica Ocean Shores P.B.5-49 or the point of beginning, dear N20b48'56"E a distance of 438.24', thence N69 11'04"W a distance of 50.0', thence S20 48'56"W a distance of 455.0', thence S89°40'38"E a distance of 53.42' back to the point of beginning. 2. That the Clerk of the Board is hereby directed to publish notice of the adoption of this Resolution in accordance with the provisions of Chapter 336, Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the loth day of July, A.D. 1990. (SEAL) Attest : DANW L, ZOLHAGA Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY:MAYUK/ CHAIRMAN APMOVED AS TO FORM AND LEGAL SUff4/C/ENCY, (� By Attorney's O//irr _ y-- NOTICE OF ADOPTION OF RESOLUTION RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY OF MONROE AND THE PUBLIC IN AND TO CERTAIN STREETS, AS DELINEATED ON A CERTAIN RECORDED PLAT. N NOTICE IS HEREBY GIVEN, pursuant to Chapter 336, Florida v Staentes, that the Board of County Commissioners of Monroe County s Flora, at a meeting on July 10, 1990, as continued from June =19, 1990, cgly adopted a Resolution renouncing and disclaiming any light of the County and the public in and to the following described streets, alley -ways, roads or highways as delineated on the hereinafter described map or plat, to -wit: Osprey Lane: Commencing at the SE corner of Lot 13, Block 12, Boca Chica Ocean Shores, P.B. 5-49 or the point of beginning, bear due west a distance of 215.0 , thence northwesterly 42.7' along a 25' radius curve concave southwesterly, thence N20 48'56"E a distance of 45.07', thence due west a distance of 25.7', thence S20048'56"W a distance of 199.551, thence due east a distance of 25.7', thence N20048'56"E a distance of 47.04', thence northeasterly 42.7' along a 25' radius curve concave northwesterly, thence due east a distance of 215.0', thence N20048'56"E a distance of 53.42' back to the point of beginning. Townes Lane: Commencing at the SE corner of Lot 11, Block 13, Boca Chica Ocean Shores, P.B. 5-49 or the point of beginning, bear due west a distance of 225.0', thence northwesterly 42.7' along a 25' radius curve concave southwesterly, thence N20 48'56"E a distance of 47.07', thence due west a distance of 25.7', thence S20048156'W a distance of 10178', thence due east a distance of 60.0', thence S20 48'56'W a distance of 101.77', thence due east a distance of 25.71, thence N20048'56"E a distance of 45.07' thence northeasterly 47.7' along a 25' radius curve concave northwes_terly, thence due east a distance of 165.01, thence N20 48'56"E a distance of 53.42' back to the point of beginning. Pelican Lane: Commencing at the SW corner of Lot 13, Block 15, Boca Chica Ocean Shores P.B.5-49 or the point of beginning, bear N20b48'56"E a distance of 155.0', thence northeasterly 42.7' along a 25' radius curve concave northwesteorly, thence due east a distance of 47.07', thence N20 48'56"E a distance of 26.3J', thence due west a distance of 203.55', thence S20 48'56"W a distance of 26.31', thence due east a distance of 45.07', thence southeasterly 42.7' along a 25' radius curve concave northeasterly, thence S20048'56"W a distance of 155.0', thence due east a distance of 53.42' back to the point of beginning. Geiger Road: Commencing at the SE corner of Lot 34, Block 16, Boca Chica Ocean Shores P.B. 5-49 or the point of beginning, ear N89b40'38"W a distance of 598.82', thence S00 10'17"W a distance of 50.0' thence S89 40'38"E a distance of 598.82', thence N00°'10'17"E a distance of 50.0' back to the point of beginning. Heron Drive: Commencing at the SW corner of Lot 34, Block 16, Boca Chica Ocean Shores P.B. 5-49 or the point of beginning, bear N20b48'S6"E a distance of 885.0', thence northeasterly 42.7' along a 25' rndius curve concave northwesterly, thence 6 due S89 40'38"E s distance of 47.07', thnnce N20 48'56"E a distance of 26.31', thnnce due N89 40'38"W a distance of 203.55, thence S20 48'56"W a distance of 26.31', thence due S89 40'38"E a distance of 45.07', thence southeasterly 42.7' along a 25' radius curve concave northeasterly, thence S20048'56"W a distance of 885.0', thence S89 40'38"E a distance of 53.42' back to the point of beginning. Flamingo Drive: Commencing at the SW corner of Lot 32, Block 17, Boca Chica Ocean Shores P.B.5-49 or the point of beginning, bear N20'b48'56"E a distance of 951.2', thence northwesterly 146.58 alon% a 100' radius curve concave northeasterly, thence N69 11'04"W a distance of 325.0', thence southwesterly 108.13' alongg s 100' radius curve concave northwesterly, thence S20°48'S6'W a distance of 140.01, thence southeasterly 170.28' alongg a 100' radius curve concave southwesterly, thence S69 11'04"E a distance of 25.01, thence southwesterly 70.34' alon% a 50' radius curve concave northeasterly, thence S20 48'56"W a distance of 163.0'9 thence S69 11'04"E a distance of 50.0', thence N20°48'S6"E a distance of 163.01, thence northwesterly 157.08' along a 100' radius curve concave northeasterly, thence N69 11'04"W a distance of 25.0', thence northeasterly 75.54' along a 50' radius curve concave southwesterly, thence N20 48'56"E a distance of 152.0', thence northeasterly 75.54' along 50' radius curve concave northwesterly, thence S69 11'04"E a distance of 318.06', thence southeasterly 73.12' along a 50' radius curve concave northeasterly, hence S20048'56"W a distance of 983.76', thence S89 40'38"E a distance of Ot 53.42' back to the point of beginning. Limpkan Lane: Commencing at the SW corner of Lot 14, Block 19, Boca Chica Ocean Shores P.B 5-49 or the point of beginning, ear N20b48'56"E a distance of 438.24', thence N69 11'04"W a distance of 50.0', thence S20 48'S6"W a distance of 455.0', thence S89040'38"E a distance of 53.42' back to the point of beginning. DATED at Rey West, Florida, this 24th day of July, 1990. DANNY L. KOLHAGE Clerk of the Circuit Court of Monroe County, Florida and ex officio Clerk of the Board of County Commissioners (SEAL) of Monroe County, Florida DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT, CORPS OF ENGINEERS P. O. BOX 4970 JACKSONVILLE. FLORIDA 32232.0019 M-2 REPLY TO Q 2 JOL 09 AWITO ON of u fit Q Regulatory Division Enforcement Branch 88IPA-20336 Mr. Glen C.*Bradley, A.E. SOUTH NAY FAC ENG COM 2133 Eagle Drive P.O. Box 10068 Charleston, South Carolina 29411-0068 Dear Mr. Bradley: We are pleased to enclose the Department of the Army permit and a Notice of Authorization which should be displayed at the construction site. Work may begin immediately but the appropriate Area Engineer as representative of the District Engineer must be notified of: a. The date of commencement of the work (mail enclosed card). b. The dates of work suspensions and resumptions if work is suspended over a week, and c. The date of final completion. Area Engineer addresses and telephone numbers are shown on the enclosed map. The area Engineer is responsible for inspections to determine that permit conditions are strictly adhered to. A copy of the permit and drawings must be available at the site of work. IT IS NOT LAWFUL TO DEVIATE FROM THE APPROVED PLANS ENCLOSED. Sincerely,, Chief, Regulatory Division Enclosures bcc (permit w/plans): DER, Tallahassee [DER # 441371039] FWS (Vero Beach) NMFS (Panama City) EPA (Atlanta) CESAJ-RD-FM f. f N DEPARTMENT OF THE ARMY PERMIT Permitte e UNITED STATES NAVY Permit o. 87IPA-20336 Issuing fnce U.S. Army Engineer District, Jacksonville NOTE: a term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this ofl lee" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activityor the appropriate official of that office acting under the authoriiy of the commanding officer. You are �suthorized to perform work in accordance with the terms and conditions specified below. project I kscription: The project consists of filling 4.14 acres of tidal, transitional wetlands for construction of two jet fuel tanks and an access road. The purpose of the project is to upgrade existing fuel storage facilities to a level compatible with current Naval flight operations. The work described above is shown on the attached plans numbered 87IPA- 20336 in twenty-four sheets, dated 22 June 1989. project tion: The project is located in wetlands adjacent to Hawk Channel, Fuel Tank Farm, Boca Chica Annex, Section 32, Township 67 South, Range 26 East, Boca Chica Key, Monroe County, Florida. Permit ditions: t�g� General Conditions: I JUL 2.8 iss,9 1. The 'me limit for completing the work authorized ends on . If you find that you need more t e to complete the authorized activity. submit your request for a time e:te on to this office for consideration at least one mo th before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi- tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good aith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the au orized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this perr ilt from this office, which may require restoration of the area. 3. If y discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this pernift, you must immediately notify this office of what you have found. We will initiate the Fedeial and state coordina- tion req Ared to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Histo 'c Places. ENG FO�M 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 320-3301 1 0462'-' i . 4.' I1 you sell the property associated with this permit. you must obtain the signature of the new owner in the space provided and osward a copy of the permit to this office to validate the transfer of this authorisation. b. a conditioned water quality certification has been issued for your project, you moat comply with the conditions specified in s certification as special conditions to this permit. For your convenience, a copy of the certification is attached if It con - such conditions. 6. ou must allow representatives from this office to inspect the authorised activity at any time deemed necessary to ensure that t is being or has been accomplished In accordance with the terms and conditions of your permit. 1. Conditions: a. The mitigation work, as specified on sheets 13 through 24 of the attached permit drawings, shall be undertaken concurrently with the project construction and shall be completed within 90'Ua—ys--o7 completion of the work authorized by this permit. These requirements are further described as follows: (LR) (1) Approximately 6.8 acres on Geiger Key, adjacent to Similar Sound will be scraped down from an elevation of +1.5 ft. NGYD to an elevation of +0.5 ft. NGYD by removing approximately 16,493 cubic yards of limerock and clays from the areas indicated on the permit drawings (sheets 19 - 23). The remaining island areas of Information: Authorities: You have been authorized to undertake the activity described above pursuant to: ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.B.C. 403] ) Section 404 of the Clean Water Act (33 U.S.C.1344) - ) Section 103 of the Marine Protection. Research and Sanctuaries Act of 1972 (33 U.S.C.1413). 2. Limits of this authorization. This permit does not obviate the need to obtain other Federal, elate, or lord authorizations required by law. This permit does not grant any property rights or exclusive privileges. This permit does not authorize any Injury to the property or rights of others. This permit does not authorise interference with any existing or proposed Federal project. 3. limits of Federal Liability. In issuing this permit. the Federal Government does not assume any liability for the following: Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of a United States in the public Interest. . Damages to persons. property. or to other permitted or unpermitted activities or structures caused by the activity au orized by this permit. Design or construction deficiencies associated with the permitted work. r i buttonwoods, mangroves, and marsh grasses shall be surrounded by a 5:1 (horizontal:vertical) slope to the elevation of the scrapedown area. (2) The deeper parts of the existing flushing channels shall be filled with approximately 2,110 cubic yards of limerock to achieve a final elevation of -4.5 ft. NGVD.. (3) Approximately 4,336 cubic yards of limerock shall be excavated to a depth of -4.5 ft. NGVD to extend the flushing channels into Similar Sound. (4) A flushing channel shall be extended into the impounded mangrove and high marsh area, located adjacent to the scrapedown area across Geiger Road. Two, 160-foot-long, 24-inch-diameter pipes shall be installed under Geiger Road at the end of a second flushing channel to provide flushing in the existing impounded area. b. During the scrapedown operation, required in condition a.(1) above, all soil/muck material shall be stockpiled and then spread over the exposed limerock portions of the finished scrapedown area in order to provide a nutrient base for marine growth. (PI) c. The permittee shall provide monitoring reports which assess the status and success of the mitigation work. The reports shall be provided for two years, annually, after completion of the mitigation work and shall be submitted to the Corps of Engineers Sig Pine Key Regulatory Office and the Jacksonville District Office. (AR) - ° ed QD 0 O �� o s• 'Ti ?oi, O 3r. � 3 s a �2PA- -;L6 s - - I . .::-.IS . I x lb LIL ____ .__ L 0 tu ti in O on 0 C& z 0 ca a > -Z ;:�4 0<4) O%D< 0 ltq-. -roWt45)41P VSOUTmt�AW-IE�26 6A5T, -5Fr-TIOf4 52 AT: NAVAL, AIR STATION KuWY WEST 50C.A "I.GA Flal.D TTLB: 'rAf4K fAFtA LocATION MA cout4v. MoNgof, STAIP.: FLA PURPOSE-. C-.uN&ot-AL- Y104-0' s DATUM1. A5 INDICATED FDEFL • TAX '-WAy 3-7 •�:-tJEW 6005T£R PUMP STATIC. r'NEW PAYA$Nr •.. JI>$,Is cTtoN 925 0 LINE 1671 fo 924 101 9a4 938 F�ss Tj O /v NEW 945 LAGOON PAV5M NT • ` ' EW TANKS AND DIKED AREA N5W,S5CJRITy FONCf- 966 HI_w O1rcH _CONCF%ETF� DIKE: (TrP) 1_ . !1 _' �89 �-0'3'� ALE-' !' = 2,00 IN: TOWNSHIP 67 SOOT91 MIJU 26 1cAST, SECTION 527 T1T1�: PLAN ON N:N TANK FA)ZM ai: NJ6vAL AIR STAnON'KE7 WEST ��RPo E: FOEl2 Su12t5 p� ciloN �.�N 6 BOCA 04ICA FIbt.D MONRO _STAw DA'fJN1. M.S.L.= O'-o"=NGYD F•DEFR SOi-15DICTION LINE' 3 N=W FAVEM NT- 9Bb m 1 ti YAX!-WAy 3_7 . ! PLJMp 5TAT10M PAVEMENT f 0 925 O 0 524 O 9�4 938 ^1 958 T JN 7� : i o Z .v o LAGOON ol Co NEW TANKS AND DIKED AREA N.BW". R'tTy FEn1C� NEW q,rcH REINFORCED CONCRETE DIKE •(Typ------------------ ' gE6 .9g CALE .!'= 2001 TITLE: FLAW ON W!N TANK FARM "APO E : SECrI&V KEY PJ-AV ')ATOM M. 5. !.. - 01- On _ NUVD IN: ToNN5HIP 67 SOX91 RAyaE 26 BAST, 5""TION 52' AT: NA-VAt, AiR -swiQN KEY WEST Boca [r41C/4 FIELD COUNMY : MONRO E 5T/r. E: P..-A S'E cyo V KEY PI..Ad w! E JZ.O • �✓ EX ISTIWO DIKE NEW DIiCE SURFACE ! 8 NGRUs'NED 5TONc LA7'9R for 5AN D I AI/ VARIES �F-L•G,O SECTION t 13.Ei2/� //YT.E�Q 1Ci4GF iop bENTON! c LAM riPAr rif N FILL ?7aA--"331 .sL-d—s- oj q a4-0�hAf r r4m-on-m It :989 .. 0% a'` c 2U STONE LA'i ,rf YP 1 e,pK G'av rIw- . r e l . I -coI EL. U.DO' SECTION y ��� 'gip �•�� � -�Y f �c�ytlNc-, G� • s _1 SM •` • 4r \ TANK54f ! �• 2 'o V LI.• 1 AFL m NrOeC.O'9HT u%D IN fwe: DIKF, C,ON57PrJG11 � �IAt� 5"-�O� JET 'G4Ni• �,7�LSTOp T DlK SECTION 3 ME N9Gi ,y�%T/.nX ••'�' �•. SC: DLTMLZrTMIs CJ►1Cir fCR AW-L OVAILS AT TOP or MALL TOT/ Rl NGWA! C ODfYM M t Ip.1 D G?r�. [7.✓..CI.CfA..r. 11 Z 34 h2 [tl•'d o• AT TAwrb Was I I?CAP 'i�11 4 f.• i Lam.. jj;;,,..T � � .•• �•�ryMrOTE •8' � CprIIACTQJ CO.+T27LI.[O iILL KAT:. ` • saw D A. bl*. Oi LP.'I►+:i%i 'A q .: :f 1MiWW'1 TY AT a0pa T rllAst 4GI ilt. r 1' forA j41t4AT9 MA. SCE S►fC. SECTION 03100 FOR CO.ITRACT.O./ 1 *XPAM%106I JO•KT RlOJL RB ►f.vA Ti. cl.. ctir• uea LAW SCArAAA2 sal. VSa Al 17 ALL AROW40 L TCTPfRInG`val,:. L►• • 11=0• AT TAwt NO. T 1 m- 2 1 //'• GI TELLTAI. �.a T1K �a � . KR Sw.X E07•iLY �isalCfD ) N J• •—+ / /IVC I:L. S%W AT TAKCS NO. L 4 2 I i 3-O•.t'-d.�' tw4t C7MJtET �• c&joreO SWNL PAO AT lAC.0 PIP C d4,rlo r..d z•-e• `4 aietf9Ntf� _ EEIISTING GILA:e APTIO4 CLEA41I,G CCUSW^TION VALIB%) SECTION t TANK PLAT FORm Fr"?.� ►°� 3 3 � ` r .... FILL- AREA _.___...._ . � `` •. � , Jew 6�V11�D Su��CE \ ' 1 S WILOA Co. .ap i CYCVICww; L I � � 'tiyT vw►t� :•�:•n�.rr•ualcc . . r Z AREA .` • PCh Wflv:' WACF . \ \ :; �� \- I � � '• jar "_... 1 -- 1•—�.'- 1 — '-: _ .�_. :.—fJL'ilA5 [,DnIM. a�ocer: �" - Gm a m 1 1 j I . 'y\.,``l'" v I "p !a �p .w Leo• -- SORROW pll.--� . Ste- 9 � _ � �: ' , � _' � _• , rat-n ` .. ..� (CROSS -SEC ; �,►y ! TAX' -WAY 9_7 f � f 1 • �-NEW 6005TER.... _' -_ ... '. `�.� ' - � ' PUMP STATC.04 rN$W PAYWENT • ' 0 9�4 O 524 0 095B TAN d � NEW t 94 S LAGOON PAYEME T ' NEW TANKS AND DIKED AREA t NP•W 5=5C-0Rry t'rNCE 98bML x A E RT NEW DiTGH To MAIWTh114•- JVR(SDIC-T low E-CAVArtaN fzEQ n r 13ao.CY - N OrF- : 2 NEW 4. "� Gut-vw. 99 IZ P'LAt Ercr5r ut, K�,J +r�vc,2r.Ec.cV-l.a. 1'= 2008'71 -L033 (o IN: TowNsmP 67 50UTNf KAgaE 26 o�-0- ^--t $'� RASTj 5SZTION '�2- TITi�: PLAN Ohi N`l!" TANK FAPhjU a: NAvAt, AIR STATON KEY WEST MF-POSETb SP4W VITC4t Tt}A.•T w,r,� GCUBOCA ICA FNROJ I .L.V0 - : P.J► MAtr_JTMjj pG2 JVlLrSCrcrioi.t • M. S. 4 - - o'- O" = NGVD Ea Ex,S��N G�cvu r; ELE1(• v 4 i C S t'�r`11 To • fl S L• J I ELEV. - 1.0 p�Tur�i : M • 5• L . = NG\,D MAN. -- CROSS - 56CTso►•t DF LiTC..I.4 T44r W l" MA jN-1T"A l" D� K ..�V��`��tG� �aN • snSPA- --c?-0 3 3 L -_ SA i TAX ! - WAY 3-7 ; PUMP STATIOM �NfW PAVEMENT 1 923 O 9 � 4 938 ---� A_ ®858 TAN TAN O Z 94S iAGOGN NEW TANKS AND DIKED AREA ---rr-NEW otrcH REINFORCED CONCR.TE DIKE ,(Typ) 96'1 9B4 pp9 SCALE' i"= 200� FILL .5CHEDULF. TANK142- PILL 'R:QD = 56,7b2 CyDS 7P5 FUEL- `TANK 5CHEDULE TANK _NpGgp,(BBLS CO-ORD BOOOO 610-41=444 W 120-0' DIA 24 .54'-t6.2'N 80000 B1•-41'•44.2'W 120-O'DIA 24-34-18' N 1N: TONNSHtP 67 SOUT9, F.A%JGE 26 8-% ><A5T1 5E: TlON 82 11TLE: PLAN ON W!N TTANK FARM AT: NAVAJ, AIR 51ATION KE7 WEST FVKP05 ' RELArlO w Ooi ,,..00 BOU C141CA FIELD ro ski5Y B�,tt.�ns ��✓A F/[.� SCRE'1vL�r'•-MONROk .5TA'E: PJi i • � _ • « i, . - w Via' a w a' ''y "' i. lb Ir f sr ��_•r c • t t • 0•• a�. / 'F i y it w 3 + � t r c, r •vti c L c P71 a ► � • Ab 4 ,.(•ia1 f /ice ' • • J �.,.,.,.. ICI • i_ 11 «.• 41 P . 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S - 7 '-. a -0 3 3 "=0[►rM etaow etn ft[e. •Y awt g• f. nt t cAouwa w• Q� _�� ota f t o-ia• [urLw[ero[aFILL o•aa• 40 0 Y7 CA 1 [a-W J.saf Ca A7 wO(a Mtw Jo-x• .ca 7+Ks. O-ae• eao--.eL•cao "Acs ECAL[:r-40' K[ ■[eA.s 3 CAVOM- x• CID rp [Atf AV taunt Y 110E M' _ KAM _f• II. 110.0 r0[eKAG. Yf•fCl. a110 ••••• •• +• •• ••••�•.�• •AA —r SOUTnERN OIV35ION IL a.iw a �a+ 'C►� -•Mum[ i wMaA Ar tutor •C7 w[oL .ts•e• y maw I,0— f C•MOCa Ie.T •- �0 _• aL• a siiw.itaii -aaa' /. vs ./ - LAND MODIFICATIONS '"t •Y PIT .0 7 *ti =ea.� EXISTING SITE PLAN l taw tw4epCf fa'.a O•f- ... - .- .•• � _..•. �•..•• J CaMOCa f• aJ O30af _ }wo ratta a•o[+n .: +�a*�+o _F 80091 LM-2 . ;;�Ir�a�i=si.c•crei �r 4 16CZ oMy� 4BS2 Ww 4 Iy 'OVMC i�sit.&R ` r ae �----•ram-� ��' t AL. a �rv1 1 •s ED rt; � `rawrc o� O ;Z w rta srrnrsav//Jr AIJro o!.-.et:i AVLOO .rlt r atmiUr aAvrwrMv Wrrl !.wut lraw7M^C#Z. `fyy rt wtWlitin,.�a vtoruvlo. a rwteraw aw alAoiw r�60riWvw.vo frwfCg CAe :,A W"04ej sNo.vw !Pr-l. Aw Si lj Arl"40wt NVJArf fIr iitt sv..0 ar.+.t�tA ms.J! V I'm srwlt ltU.eC/sl GM! cwrw/iaw rArorlrlNr4r'fNa! .o rlstrwriawrNwrwat wl�.ww 7B ytllit LMYi /fl /LLr `tiJ---•_-- M.YN •tJrl�►NL CAM/ ,�.iws� \Llfwrwriaw lMaw'at1 � . oa llfirw rf N/FJVCAO APW /nINl�.el.. M/NL \wurLwww/N ` . \ \ � tarr..weroo � t�rgaiov,wa yonru.�.rw� .---- V sad KLCtl►tD , 3 BuIP. OF tei\:t. IA icz �llfwWrL MAA'tAtllAow \ arrr14A CIrrN! �E6ErdW LEBENO r/O `. MwrZ.*LA,�+Av 'Z.P trtrraV#.QW rwefs ` t Y OaNr&v~, AL"M&OMarls. SltfemOWi. _ D i Q Adrrar..gwo rwfts. ® o 5,04/0awtt. Owv /ira AL" '. © AY 74CW^-AMP Mtn A40CA4157.4t3 A[t?r. CAME L M07t ` O .W p d•P L 4 1 c r li• Wo r /` iY••rwwOw .w♦ .w �/ iwiwiw•�wi•. 1 O 1 •rreec nwrirrra wara.e�ves I.vr■+ yor srs►•rs �o/�Ts:i w• •Irirs Ywo+.tJ —•—•- �������_i : i ri o_ r{ii_.�O•�•ii'oo�i�i�� _�:� i :•i � i•�•. i�i 1 �/ lrul■lrr so ir#lf Crwr ry eAd '-it 7M r.q•y • i -Ir • t N&T LOCKwr••[YOyYt■rlf 41N1 Cl, Y•TOrY eU•rK aT■4f►w[!nt aprW■1T11aTq. •0 O• •O ■ 00 S �liVl ice! !C•LL: i• •p' ets et.a. lcb mft 7� ec.oTc3 Ie� 0.cwTaW C ll1 tOjL .11«wts rl. SOUTrtERN OIv'1510N �` D YNr� W'�\ f w..-f. • � rMl .M .Lfp • /lt rill. I►M Cs: ALL K MTlerl Ysm uml •• to•sr, r- ... cos 4 %.■EAR -&KST O Gft :. r.IKST a 'Ny • L - LAND MODIFICATIDNS tarto w wx•rle r&TEN LS W L .00 a lo.csr sex�.co ••Tc• urea -ea ., '4a t�� � — NEw SItE PLAN L trvn■e.rlrTK mj"T.O. yre w►revt■KYT AMA •neelw•T(lr 460 cm 'ram' � .. � - ! eMw c nrnuc slots e+rollttts sr•roc N■rroCrl •t .l • • LM-3 _ '- _f .yr_ Mom' Lxc:acT-s�-c.-oas s rr. .R7 3otome rag SECTION A -A SECTION 0-9 • Mo�z • • VrALr• •' ,7•;. LIrA.rw.o.. j[r.H i SECTION C-C �eL • •o .ter•.• .cl •cs fi�nrs�i s ' JnwrawAw f aw E Z/Ywa?� GG.4f -z�MCwu.f • SECTION D-D NORI.f • •o' VEntr• •' • ' /alttMEt tit 7 :R! • .R/ K! � LrilllilV O/C/A! `Fiw/SMGR.tQ! -yr as of • SECTION E—E ' - - `--- VEAL r • • r y i N � 1 t Pv R. wo s E : R- 5 5 5 EC- rio Avs 40.c • 1 l,sasnnr-� �r ---- STORM FES DETAIL �.9% T �LAr.r•: wlowlRwllHR twtc marlrarsrlwlwlsslptstrrill►r vlsrarR.�revw.rrrrw.wsv»waaa►MAt RrYlwra M t/ •wrI Iaurlil.6.silO�MW✓Mr/pKllfi/. roI /r Ke M FII./ lgrre/C/AI /+rALL twM1HY!! f�r/tdr/w•pwAlt awA•sr Ntsrro..w RMwprwAflN1 ♦+rrlst /wry #rA~ PIPE TRENCM BEDDING DETAIL Ilzs lwrurtcw r•/IA.ry r-�-tswrw . /sr/.Kwu,41 • �f�s'Ae � •• AWrIu/a i rarrr..r. !K/.tea K1►N ew.Vwrwttl (wu.a�m►srrJ PLAN r rlrruwrttsmr.n!/r.. aerrossar .Y 1 f p LL/ILR�/ !y$/w v w4/lwwrw ro /Ilrw, wYs i M'tt. /rlaj ----rsuvlr/wsar /•,� rywrWtA r TOP SLAB DETAIL SECTION CONFLICT MANHOLE DETAIL its L4/wwtto ir/ sMlt!'wa'sr r/w+ "WrIt silG✓rliR.w/ slut Gsat�ll,saotes. ertwarwv .trwornrJ rw w7carwtwn+orto I.+iw/roa1r.►tttneo.we[sr) •rr rweR.raso rst InrJ � _.,ter,. �, _„- I , �,l I e � � � y - - Ia/alr /Gsn► tlwe O • Armoire rcaGrfiav T ~,re/,or...y A o1. low/.) J ��°'te rtwt+.+v/v�K/i eMwi�llj f Irwllf AWf J 4" OW a�tsssvtte fw1►r (ti =�,��� FLOATING TURBIOITY BARRIER DETAIL - [LW4 SECTION FRONT ELEVATION RIP RAP ENO*ALL .I s ♦O a 4a so 1 1 1 1 usLL: r•RO' l 1 1 uac[sl"•z0' . o . • t O 1 2 • ul+.i.r•z• r "i Cr FERM. rr ,WUTMERN DIVISION WY /Lip. Yt NI7 P LAND MODIFICATIONS CROSS SECTIONS AND DETI F Ilml �aaoa.�a �... M � k—Ir:a.CI.11• «a ttee: U.S. Navy t No.: 441371039 S ECIFIC CONDITIONS: Prior to commencement of work authorized by this permit, t e permittee shall notify the Department of Environmental R gulation's Bureau of Wetland Resource Management in T llahassee and the South Florida District office in Marathon f writing of this commencement. Semi-annual nirrative reports shall be submitted to the reau of Wetland Resource Management in Tallahassee and the uth District Branch Office in Marathon indicating the status the project and include the following information: a. Date permitted activity was begun; if work has not begun on -site, please so indicate. b. Brief description and extent of work (dredge, fill, construction, stormwater treatment system, wetland mitigation) completed since the previous report or since the permit was issued. Indicate on copies of the permit drawings those areas where work has been completed. C. Brief description and extent of work (dredge, fill, construction, stormwater treatment system, wetland mitigation) planned for the next six months. Indicate on copies of the permit drawings areas where it is anticipated the work will be done. e status reports may be incorporated into the semi --annual rrative report of the mitigation monitoring. The first mi-annual report is due six months from the date of permit suance. A ditch shall be constructed around the diked area as own on Sheets 5 and 5A of the attached permit drawings to intain a jurisdictional connection between the wetlands to e north of the tank farm and waters of the State to the south the tank farm. As mitigation for the 3.81 ac. of wetland impacts, the rmittee shall: a. Scrapedown 6.80 ac. to an elevation of +0.5 ft. NGVD by removing 16,493 cu. yds. of limerock and clays from the areas shown in the permit drawings. In areas where a layer of soft clay mixed with organics is encountered prior to reaching the final elevation, the material shall be spread over the exposed limerock portions of the scrapedown area in order to provide a nutrient base for marine growth. The remaining island areas of buttonwoods, Page 6 of 10. . a t P rmittee: U.S. Navy Permit No.: 441371039 ... I. FIC CONDITIONS: mangroves, and marsh grasses shall be surrounded by a 5:1 (horizontal:vertical) slope to the elevation of the scrapedown area. Exotic vegetation shall be removed initially from the islands and then as needed to ensure the success criteria listed in Specific Conditions No. 7 and' 8 are met. These works are indicated in Sheets 11A and 11B of the permit drawings. b. Place 2,110 cu. yds. of fill in the deeper parts of the existing flushing channels to achieve a final elevation of --4.5 ft. NGVD, and remove 4,336 cu. yds. of limerock to a depth of -4.5 ft. NGVD to extend the flushing channels into Similar Sound. This work is shown in Sheets 11 and 12 of the permit drawings. Fill material shall be placed in existing canals in a manner to avoid damaging submerged habitat that exists on the sides of the channel above the fill area. C. Enhance 10 ac. of wetlands by hydraulically reconnecting an impounded mangrove and high marsh area located adjacent to the scrapedown area across Geiger Road. A flushing channel shall be extended into the impoundment area, and two 160 ft. long, 24 in. diameter pipes shall be installed under Geiger Road at the end of a second flushing channel to provide for better flushing and circulation of water in the presently impounded area. This work is i.ndicated in Sheet it of the permit drawings. The wetland enhancement shall be considered successful en the following conditions are met: a. Within the area to be scraped down, at least 80% of the total coverage shall be those species listed in Florida Administrative Code Rule 17-3.022, and shall be reproducing naturally. Brazilian pepper, Australian pine and other exotics shall be limited to 10% or less of the total cover. b. Within the reconnected mangrove and high marsh area, at least 80% of the total coverage shall be those species listed in Florida Administrative Code Rule 17-3.022, and shall be reproducing naturally. Brazilian pepper, Australian pine and other exotics shall be limited to 10% or less of the total cover. C. All State Water Quality Standards are being met. within the flushing channels and within the impoundment. If State Water Quality Standards are not being met, but the water quality conditions are indicative of background Page 7 of 10. rmittee: U.S. Navy rmit No.: 441371039 FIC CONDITIONS: conditions in comparable wetland areas in'the vicinity, the Department may determine that this success criterion has been met. The permittee recognizes that it has a continuing o ligation to monitor the mitigation project and to correct any u successful mitigation attempts beyond the expiration date of t e permit. If the mitigation project is not deemed to be s ccessful six months prior to the permit expiration date, the p rmittee shall, prior to the permit expiration date, execute a agreement with the Department -evidencing that obligation. Immediately following the construction activity authorized b this permit, the side slopes of the perimeter dikes facing t e wetlands shall be stabilized by planting railroad vine or o her suitable vegetation. Turbidity control fences shall be p operly placed along the base of all fill sites adjacent to w tlands, and reinforced with hay bales, if necessary. These t rbidity control devices shall not be removed until the side s opes ave b me suf is entl vegetated to controlerosion a u d runoff. 1 During construction of the mitigation project, a turbidity c it. shall be deployed around the perimeter of -the c nstruction area. Staked filter cloth `fences" shall be used t enclose areas of active construction where possible. Any t mporary spoil piles shall be stabilized'to prevent turbid r n-off into the waters of Similar Sound or the impoundment a ea. 1 All construction activity, heavy equipment, and spoil s ockpiling shall be confined to the areas to be scrape3-down o e a k rm and the mitigation project s tes. wetland areas that are to remain un is ur e a oth s es shall be staked and flagged adequately, and construction p rsonnel shall be advised of the importance of not disturbing a y areas not permitted for construction by this --permit. M NITORING REQUIRED: 1 vegetation Monitoring The permittee shall furnish to Management in Tallahassee and ir Marathon annual statistical p4 the mitic ion the Bureau of wetland Resource the South Florida District Office reports of vegetational m sampling y a= l`reeupon tnod. Acceptable methods may be found in Dauberimire (1968y, O sting (1956), or Mueller-Dombois and Ellenber / g (1974). R ports shall describe the percent cover of trees and h rbaceous species listed in Florida Administrative Code. Rule 1-3.022. Data for listed nuisance or exotic species, as Page 8 of 10. rmittee: U.S. Navy rmit No.: 441371039 NITORING REQUIRED: Js ated in Specific Condition No. 7, shall be listed separately f om native species. Data shall be taken during the summer g owing season. Reports shall be submitted until a d termination of a successful mitigation has been made. If a ter two years the percent cover of trees and herbaceous s ecies*listed in Florida Administrative Code Rule 17-3.022 is 1 ss than 50%, the permittee shall submit a plan for planting a propriate species to the Department for approval. 2 Watgr Quality T e permittee shall conduct routine sampling to determine the q ality of the water within the reconnected impoundment area a d the flushing channels created by this project. Within t ree months of issuance of this permit, and prior to c mmencement of any construction activity authorized by this p rmit, the permittee shall submit a draft water quality s mpling program for the Department's review. The plan shall 1 i clude.parameters to be measured, stations for sampling ( ncluding background stations outside the impoundment), and t e proposed frequency of sampling. The Bureau of Wetland R source Management in Tallahassee and the South Florida D strict Branch Office in Marathon shall be contacted to assist i the formulation of this plan. The purposes of the water q ality monitoring shall be to determine whether the r connection results in improvements to the water quality w thin the impoundment and to ensure that water entering S milar Sound from the impoundment meets all applicable State W ter Quality Standards. 3 Photographic and Status S mi-annual narrative reports shall be submitted to the Bureau o wetland Resource Management detailing the progress of this m tigation program. The reports should include: photographs t ken from permanent stations (some of which must be located in tie vegetation sampling areas), a description of problems e countered and solutions undertaken, and work planned for the f llowing six months. IE the data indicate the mitigation effort is not successful p rsuant to Specific Condition No. 7, the applicant shall p esent methods and proposals to be reviewed and approved b t e Department to ensure success of the mitigation effort. The references -cited above are the following: D�ubenmire, R. 1968. Plant Communities: A Textbook of Synecology. Harper & Row, New York. 300 pp. ft Page 9 of 10. rmittee: U.S. Navy rmit No.: 441371039 DNITORING REQUIRED: Psting, H. J. 1956. The Study of Plant Communities: An Introduction to Plant Ecology. W. H. Freeman, San Francisco. 440 pp. feller=Dombois, D. and H. Ellenberg. 1974. Aims and Met of Vegetation Ecology,_, aobli Wiley,.. New York. 547 pp acommended by pages attached. STATE OF FLORIDA DEPARTMENT OF MIT REGULATION DALE TWA HTMANN, Secretary Page 10 of 10. a i •..� _, ' e. fication, suspension, or revocation of this Permit. Ds mage claims associated with any future modi 4. Relisoce on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest as made in reliance on the information you provided. S. Reevduatlon of. Permit Decision. This office may reevaluate Its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. Yq ju fail to comply with the terms and conditions of this permit. b. - e information provided by you in support of your permit application proves to have been false, incomplete, or (See 4 above). c. Sipfficant new information surfaces which this office did not consider In reaching the original public Interest decision. Such a"valuation may result in a determination that it is appropriate to use the suspension, modification, and revocation proced es contained in 83 CFR $26.7 or enforcement procedures such as those contained in 88 CFR 826.4 and 826.5. The _ referene id enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and cot ditions of your permit and for the Initiation of legal action where appropriate. You will be required to pay for any correcti a measures ordered by this office. and if you fail to comply with such directive, this office may In certain situations (such or those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bW you for the cost. 6. Ext4 Wons. General condition I establishes a time limit for the completion of the activity authorised by this permit. Union there tu a circumstances requiring either a prompt completion of the authorised activity or a reevaluation of the publk Interest deciai , the Corps will normally give favorable consideration to a request for an extension of this time limit. Your si ature below, as permittee, Indicates that you accept and agree to comply with the terms and conditions of this permit. (PERM, AM I (DATE) This it becomes effective - hen the Federal official, designated to act for the Secretary of the Army, has signed below. 14 ,' ,. - '' _ "JUL 2 8 1989 J(DGI,ER) (DATE) obert L. Herndon olonel, U.S. Army ructures or work authorized by this permit are still in existence at the time the property is transferred, the terms and of this permit will continue to be binding on the new owner(&) of the property. To validate the transfer of this permit ciated liabilities associated with compliance with its terms and conditions, have the transferee sign and (late below. (TRANSFEREE) (DATE) 3 *U.& Gvo: +see— 20324 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION NOTICE OF PERMIT In the matter of an Ap lication for Permit .` by 0 �b DER File No. 441371039 Monroe County U.S. Navy c/o G.C. Bradley Southern Naval Facilities (Frr►1 Engineering Command 2155 Eagle Drive Post Office Boa 10068 Charleston, South Carolina 29411 Enclosed is Permit Number 441371039 to U.S. Navy, issued pursuant to Section 403.087, Florida Statutes. Any party to this Order (permit) has the right to seek judicial review of the permit pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of App al. The Notice of Appeal must be filed within 30 days from the date this Notice is filed with the Clerk of the Department. M 7 , 17 .- .5. . 01 Executed in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT ;OFZEIRONMENTAL REGULATION Dale Twachtmann Secretary Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 904/488-4805 ies furnished to: Philip Edwards, DER, South Florida District Florida Marine Patrol U.S. Army Corps of Engineers, (Jacksonville) (Application No. 87IPV-20336) Florida Game and Fresh Water Fish Commission t This is to certify that this NOTICE OF PERMIT and all pies were mailed before the close of business itirto is , 1989 to the listed persons. Clerk Stamp FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to §120.52(9), Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. (Clerk) i� Date File No. 441371039 - 2 - 4\ Florida Department of Environmental Regulation Tbvin Towers Office Bldg. • 2600 Blair Stone Road • lhllahassee, Florida 32399-2400 Bob Martinez, Governor Dale 7Wachtmann, Secretary John Shearer, Assisunt Secretary P ITTEE: U S. Navy c/o G.C. Bradley Southern Naval Facilities Engineering Command 2 55 Eagle Drive P st Office Box 10068 C arleston, South Carolina 29411 Permit Number: 441371039 Date of Issue: June 9, 1989 Expiration Date: June 9, 1994 County: Monroe Project: Wetland Resource, 5 Year is permit is issued under the provisions of Chapter 403, orida Statutes, Public Law 92-500, and Florida Administrative de Rule 17-12. The above named permittee is hereby thorized to perform the work or operate the facility.shown on e application and approved drawing(s), plans, and other cuments attached hereto or on file with the department and de a part hereof and specifically described as follows: P OJECT DESCRIPTION: T fill wetlands to construct fuel storage tanks, an access r ad, and containment dikes by: placing 56,762 cu. yds. of f-11 in 3.81 ac. of wetlands; relocating a ditch around the d ked area to maintain the Department's jurisdiction to an e isting mangrove area; mitigating for the wetland fill by e hancing 11.34 ac. of existing wetlands by scraping down u vegetated areas to +0.5 ft. NGVD, excavating additional Pushing channels, and partially filling existing deep canals; a d restoring 10 ac. of impounded mangrove wetlands by i stalling culverts to reconnect the area to Similar Sound. W tlands adjacent to Hawk Channel, Fuel Tank Farm, Boca Chica nex, Monroe County, Section 32, Township 67 South, Range 26 E st, not in an aquatic preserve, Class III waters, Outstanding F orida Water (Keys Special waters). Page 1 of 10. rmittee: U.S. Navy Permit No.: 441371039 GENERAL CONDITIONS: . Ar �. . IThe terms, conditions, requirements, limitations, and r strictions set forth herein are "Permit Conditions" and as s ch are binding upon the permittee and enforceable pursuant to t e authority of Sections 403.161, 403.727,.or 403.859 through 4 3.861, Florida Statutes. The permittee is hereby placed on tice that the department will review this permit periodically a d may initiate enforcement action for any violation of the " ermit Conditions" by the permittee, its agents, employees, s rvants or representatives. �^ This permit is valid only for the specific processes and o erations applied for and indicated in the approved drawings o exhibits. Any unauthorized deviation from the approved d awings, exhibits, specifications, or conditions of this rmit may constitute grounds for revocation and enforcement a tion by the department. As provided in Subsections 403.087(6) and 403.722(5), orida Statutes, the issuance of this permit does not convey y vested rights or any exclusive privileges. Nor does it thorize any injury to public or private property or'any vasion of personal rights, nor any infringement of federal, ate or local laws or regulations. This permit does not nstitute a waiver of or approval of any other department rmit that may be required for other aspects of the total oject which are not addressed in the permit. . This permit conveys no title to land or water, does not c nstitute state recognition or acknowledgement of title, and d es not constitute authority for the use of submerged lands u less herein provided and the necessary title or leasehold i terests have been obtained from the state. Only the Trustees o the Internal Improvement Trust Fund may express state o inion as to title. This permit does not relieve the permittee from liability f r harm or injury to human health or welfare, animal, plant or a uatic life or property and penalties therefor caused by the c nstruction or operation of this permitted source, nor does it a low the permittee to cause pollution in contravention of F orida Statutes and department rules, unless specifically a thorized by an order from the department. Page 2 of 10. P rmittee: U.S. Navy Permit No.: 441371039 GENERAL CONDITIONS: 6. The permittee shall at all times properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit, as required by department rules. This provision inInludes the operation of backup or auxiliary facilities or si ilar systems when necessary to achieve compliance with the co ditions of the permit and when required by department rules. 7. The permittee, by accepting this permit, specifically agrees to allow authorized department personnel, upon presentation of credentials or other documents as may be required by law, access to the premises, at reasonable times, where the permitted activity is located or conducted for the vulroose of: a. Having access to and copying any records that must be kept under the conditions of the permit; b. Inspecting the facility, equipment, practices, or operations regulated or required under this permit; and C. Sampling or monitoring any substances or parameters at any location reasonably necessary to assure compliance with this permit or department rules. R asonable time may depend on the nature of the concern being i estigated. If, for any reason, the permittee does not comply with or w'll be for to comply with any condition or limitation s ecified in this permit, the permittee shall immediately n tify and provide the department with the following i formation: a. a description of and cause of non-compliance; and b. the period of noncompliance, including exact dates and times; or, if not corrected, the anticipated time the non-compliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the non-compliance. permittee shall be responsible for any and all damages ch may result and may be subject to enforcement action by - department for penalties or revocation of this permit. Page 3 of 10. rmittee: U.S. Navy Permit No.: 441371039 G JIERAL CONDITIONS: . In accepting this permit, the permittee understands and a rees that all records, notes, monitoring data and other i formation relating to the construction or operation of this p rmitted source, which are submitted to the department, may be u ed by the department as evidence in any enforcement case a ising under the Florida Statutes or department rules, except w ere such use is proscribed by Sections 403.73 and 403.111, F orida Statutes. 1 The permittee agrees to comply with changes in department '" r les and Florida Statutes after a reasonable time for c mpliance, provided however, the permittee does not waive any o her rights granted by Florida Statutes or department rules. 1 . This permit is transferable only upon department approval i accordance with Florida Administrative Code Rules 17-4.12 a d 17-30.30, as applicable. The permittee shall be liable for a y non-compliance of the permitted activity until the transfer i approved by the department. 1 This permit is required to be kept at the work site of the p rmitted activity during the entire period of construction or o eration. This permit also constitutes Certification of Compliance th State Water Quality Standards (Section 401, PL 92-500). 1 The permittee shall comply with the following monitoring a d record keeping requirements: a. Upon request, the permittee shall furnish all records and plans required under department rules. The retention period for all records will be extended automatically, unless otherwise stipulated by the department, during the course of any unresolved enforcement action. b. The permittee shall retain at the facility or other -- location designated by this permit records of all monitoring information (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation), copies of all reports required by this permit, and records of all data used to complete the application for this permit. The time period of retention shall be at least three years from the date of the sample, measurement, report or application unless otherwise specified by department rule. Page 4 of 10. Pe ittee: U.S. Navy Permit No.: 441371039 CONDITIONS: C. Records of monitoring information shall include: • the date, exact place, and time of sampling or measurements; • the person responsible for performing the sampling or measurements; • the date(s) analyses were performed; • the person responsible for performing the analyses; • the analytical techniques or methods used; and • the results of such analyses. 15. When requested by the department, the permittee shall within a reasonable time furnish any information required by law which is needed to determine compliance with the permit. If the permittee becomes aware that relevant facts were not submitted or were incorrect in the permit application or in any Mre ort to the department, such facts or information shall be su mitted or corrected promptly. SP CIFIC CONDITIONS: 1. The permittee is.hereby advised that Florida law states: "N person shall commence any excavation, construction, or otter activity involving the use of sovereign or other lands of th state, title to which is vested in the Board of Trustees of th Internal Improvement Trust Fund or the'Department of Natural Resources under Chapter 253, until such person has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement, or other form of consent authorizing the proposed use." Pursuant to Florida Administrative Code Rule 160-14, if such work is done without co ent, or if a person otherwise damages state land or pr ucts of state land, the Board of Trustees may levy ad 'nstrative fines of up to $10,000 per offense. 2. If,historical or archeological artifacts, such as Indian can es, are discovered at any time within the project site the per ittee shall immediately notify the district office and the Bur au of Historic Preservation, Division of Archives, History and Records Management, R. A. Gray Building, Tallahassee, Flo ida 32301. Page 5 of 10. P rmittee: U.S. Navy P rmit No.: 441371039 ;•,�, - $ ECIFIC CONDITIONS: Prior to commencement of work authorized by this permit, t e permittee shall notify the Department of Environmental R gulation's Bureau of Wetland Resource Management in T llahassee and the South Florida District office in Marathon i writing ofrthis commencement. 101 . Semi-annual narrative reports shall be submitted to the ,reau of Wetland Resource Management in Tallahassee and the ,uth District Branch Office in Marathon indicating the status the project and include the following information: a. Date permitted activity was begun; if work has not begun on -site, please so indicate. b. Brief description and extent of work (dredge, fill, construction, stormwater treatment system, wetland mitigation) completed since the previous report or since the permit was issued. Indicate on copies of the permit drawings those areas where work has been completed. C. Brief description and extent of work (dredge, fill, construction, stormwater treatment system, wetland mitigation) planned for the next six months. Indicate on copies of the permit drawings areas where it is anticipated the work will be done. T e status reports may be incorporated into tt n rrative report of the mitigation monitoring. s mi-annual report is due six months from the suance. e semi-annual The first date of permit . A ditch shall be constructed around the diked area as s own on Sheets 5 and 5A of the attached permit drawings to m intain a jurisdictional connection between the wetlands to t e north of the tank farm and waters of the State to the south o the tank farm. . As mitigation for the 3.81 ac. of wet-1-and impacts, the rmittee shall: a. Scrapedown 6.80 ac. to an elevation of +0.5 ft. NGVD by removing 16,493 cu. yds. of limerock and clays from the areas shown in the permit drawings. In areas where a layer of soft clay mixed with organics is encountered prior to reaching the final elevation, the material shall be spread over the exposed limerock portions of the ' scrapedown area in order to' provide a nutrient base for marine growth. The remaining island areas of buttonwoods, Page 6 of 10. .Ar , P rmittee: U.S. Navy P rmit No.: 441371039 FIC CONDITIONS: mangroves, and marsh grasses shall be surrounded by a 5:1 (horizontal:vertical) slope to the elevation of the scrapedown area. Exotic vegetation shall be removed initially from the islands and then as needed to ensure the success criteria listed in Specific Conditions No. 7 and 8 are met. These works are indicated in Sheets 11A and 11B of the permit drawings. b. Place 2,110 cu. yds. of fill in the deeper parts of the existing flushing channels to achieve a final elevation of -4.5 ft. NGVD, and remove 4,336 cu. yds. of limerock to a depth of -4.5 ft. NGVD to extend the flushing channels into Similar Sound. This work is shown in Sheets 11 and 12 of the permit drawings. Fill material shall be placed in existing canals in a manner to avoid damaging submerged habitat that exists on the sides of the channel above the fill area. C. Enhance 10 ac. of wetlands by hydraulically reconnecting an impounded mangrove and high marsh area located adjacent to the scrapedown area across Geiger Road. A flushing channel shall be extended into the impoundment area, and two 160 ft. long, 24 in. diameter pipes shall be installed under Geiger Road at the end of a second flushing channel to provide for better flushing and circulation of water in the presently impounded area. This work is indicated in Sheet 11 of the permit drawings. . The wetland enhancement shall be considered successful an the following conditions are met: a. Within the area to be scraped down, at least 80% of the total coverage shall be those species listed in Florida Administrative Code Rule 17-3.022, and shall be reproducing naturally. Brazilian pepper, Australian pine and other exotics shall be limited to 10% or less of the total cover. b. Within the reconnected mangrove and high marsh area, at least 80% of the total coverage shall be those species listed in Florida Administrative Code Rule 17-3.022, and shall be reproducing naturally. Brazilian pepper, Australian pine and other exotics shall be limited to 10% or less of the total cover. C. All State Water Quality Standards are being met within the flushing channels and within the impoundment. If State Water Quality Standards are not being met, but the water quality conditions are indicative of background Page 7 of 10. P rmittee: U.S. Navy Permit No.: 441371039 �,�:,• ' S ECIFIC CONDITIONS: conditions in comparable wetland areas in the vicinity, the Department may determine that this success criterion has been met. . The permittee recognizes that it has a continuing o ligation to monitor the mitigation project and to correct any u successful mitigation attempts beyond the expiration date of t e permit. If the mitigation project is not deemed to be s ccessful six months prior to the permit expiration date, the p rmittee shall, prior to the permit expiration date, execute a agreement with the Department evidencing that obligation. Immediately following the construction activity authorized b this permit, the side slopes of the perimeter dikes facing t e wetlands shall be stabilized by planting railroad vine or o her suitable vegetation. Turbidity control fences shall be p operly placed along the base of all fill sites adjacent to w tlands, and reinforced with hay bales, if necessary. These t rbidity control devices shall not be removed until the side s opes have become sufficiently vegetated to control erosion a d turbid runoff. During construction of the mitigation project, a turbidity rtain shall be deployed around the perimeter of the nstruction area. Staked filter cloth "fences" shall be used enclose areas of active construction where possible. Any mporary spoil piles shall be stabilized to prevent turbid n-off into the waters of Similar Sound or the impoundment 1 . All construction activity, heavy equipment, and spoil s ockpiling shall be confined to the areas to be scraped down o filled at both the tank farm and the mitigation project s tes. Wetland areas that are to remain undisturbed at both s tes shall be staked and flagged adequately, and construction p rsonnel shall be advised of the importance of not disturbing a y areas not permitted for construction by this permit. 1 i Y )NITORING REQUIRED: ,Vegetation Monitoring ke permittee shall furnish to the Bureau of Wetland Resource inagement in Tallahassee and the South Florida District Office k Marathon annual statistical reports of vegetational sampling the mitigation wetlands done by a mutually agreed upon :thod. Acceptable methods may be found in Daubenmire (1968). osting (1956), or Mueller-Dombois and Ellenberg (1974). :ports shall describe the percent cover of trees and :rbaceous species listed in Florida Administrative Code Rule '--3.022. Data for listed nuisance or exotic species, as Page 8 of 10. rmittee: U.S. Navy Permit No.: 441371039 jNITORING REQUIRED: ated in Specific Condition No. 7, shall be listed separately om native species. Data shall be taken during the summer owing season. Reports shall be submitted until a termination o€ a successful mitigation has been made. If ter two years the percent cover of trees and herbaceous ecies listed in Florida Administrative Code Rule 17-3.022 is ss than 50%, the permittee shall submit a plan for planting propriate species to the Department for approval. 2. Water Ouality Tie permittee shall conduct routine sampling to determine the q ality of the water within the reconnected impoundment area aid the flushing channels created by this project. Within t ree months of issuance of this permit, and prior to the of any construction activity authorized by this rmit, the permittee shall submit a draft water quality s mpling program for the Department's review. The plan shall i clude parameters to be measured, stations for sampling (including background stations outside the impoundment), and e proposed frequency of sampling. The Bureau of Wetland Resource Management in Tallahassee and the South Florida District Branch Office in Marathon shall be contacted to assist in the formulation of this plan. The purposes of the water quality monitoring shall be to determine whether the connection results in improvements to the water quality ithin the impoundment and to ensure that water entering imilar Sound from the impoundment meets all applicable State ater Quality Standards. Photographic and statMg mi-annual narrative reports shall be submitted to the Bureau Wetland Resource Management detailing the progress of this tigation program. The reports should include: photographs ken from permanent stations (some of which must be located in e vegetation sampling areas), a description of problems countered and solutions undertaken, and work planned for the llowing six months. the*data indicate the mitigation effort is not successful rsuant to Specific Condition No. 7, the applicant shall esent methods and proposals to be reviewed and approved by e Department to ensure success of the mitigation effort. e references cited above are the following: ubenmire, R. 1968. Plant Communities: A Textbook of Synecology. Harper & Row, New York. 300 pp. Page 9 of 10. rmittee: U.S. Navy rmit No.: 441371039 f �.•r,;. MPNITORING REQUIRED: Obsting, H. J. 1956. The Study of Plant Communities: An Introduction to Plant Ecology. W. H. Freeman, San Francisco. 440 pp. I" ller-Dombois, D. and H. Ellenberg. 1974. Aims and Methods of Vegetation Ecology. John Wiley, New York. 547 pp. .commended by �✓ yL. pages attached. STATE OF FLORIDA DEPARTMENT OF ENVI NTAL REGULATION DALE TWA HTMANN, Secretary Page 10 of 10. I". T S Y x 1 1 V {. o - v v 7 O O1% Q p z{ 0 0� O cf _ O O �01.1 Q CL -• �+, s it �` 3 w 1,0 c : r' a J ~ . U • O LU �• z u :N •I � d p U ... 0 0 i s. W m Z a p i 3 : a ,4 U j, t� g oar 11 = Cc V Q 1 ? a0 , I �� � t a Q mn z LL. mz Q OQ ! 2 a l d o t-- O -Z in as w0-Y ,�,., �,•;19� zbo .� IN : ToWN5141P 67 SoaH,. RAh* 26 EAST, 5EGTIOh1 32 Ar: NAVAL AIR STATION K. WEST ITLE: 'TANK FARM LOCATION MAP _ . BOLA GHIGA EI 5TA'(E FI.A URPo5E : GEivE.r�A�- Y/E�✓ [ GOUNTY • NiONRO r, GEl�iERf}L YI�1N ATUM: AS INDICATED 2 m TAx i- WAY 3 .7 ' ED.—NEW 5005TEK PUMP STATION i NEW PAVEMENT FDER xUrt ISO IcTim 92s p L! N E 0 - 524 p 9a4 938 0958 TAN , TAN NEW 945 LAGOON PAVE ENT• EW TANK5 AND DIKED AREA N5W 55:;JRITy FENC5. 986 NEW DircH CONCRETE DIKE -(TyP� Cam_ 988 CALE ('= 2001 IN: TOWNSHIP 67•600TO, RAIJ6L xb EA5Tj 5C.CTION '32: PLAN ON N:tN TANK, FARM AT: NAVAL AIR STATION KEY WEST 1't1RP SE: FOEl2 Sv12I5plGT►oN L-�N6 BOU CHICA FIIrLD _COI.tTy : MONROJ_-STATE P..A DATO M. 5. L . = O'- O° - NGvD F•DEfZ SVRIS DI CT I O N L 04E' 1.3 NEW FAVEM ENT - TAXI -WAY 3-7 .E_D--NEW BOOSTER PUMP 5TATION /—NfW PAVEMENT - . 92S 0 0 524 O ;l sad 93s --- O9sa TAN TAN 0 94 LAGOON o � NEW TANKS AND DIKED AREA jai NEW 5!Z.URITy T-ENCE 986 — - '- KEW Dtrc.H REIN FORGED GONCR-TE DIKE (Typ) ►GALE 1`= 2001 TITLE PLAN ON N't" TANK FARM PURP E : SECTIOA) KEY PkAIV DAiV M. 5. L . - 0- 0° - NGVD IN: TON?45HIP bT 600T14, RAyaE 16 &AST, SFACTION 92• ai : NA AL. AIR STATION KEY WeST BOCA CAICA FI&L-P COWNly : MoNROF 15TATE. SZCTIO/V KEY PLAY �..� EXGTIW.7 DIKE NEW Di Ie's SUR FACE I BOCAUSHED STDNfi a iEK G' SAN D LAYER VAR1E5 L.•GD SECTION f .maxISrrn!& v.,cv ,13Ep2,en //YrAg Q ,= C`c 5ENTONITE ! A�tf --.,.PAC I D FiI.L z.V �J W V�7 EL.12.o' eL.9.0' / �..� EXISTING DIKE NEW DI I(F oo G SUR F AC S 8 N 'RUSHED STot E 6u -SAND LAYER VARIES ./ --� !o� �ENTONITC LAB --WE�PaCTPD FILL rr. n SECTION . I ,Cx tsrrN&,/w i✓ 13.CAM /Nr,5;C F'4GE GRAM vbzl E`b EL, je-coG TANK51t I Ep 2 -:W4@I2"yam Q, BM . �r 0 ' 4! x �c�� k9eZS cP �((-taw P..E515�a.Mf) Nil f o -W5@ I2 c/G V' GL. If-rr. ALL p, ,NroeCX- f u%D IN TNI; G 9t r TE DIM GoNSt . f ION�U- Wa. e 5-w 1161TE21Al, 6k&LL Ie JET IREL Qe-bISWT- e f r DI K e 5CGT 1 O SECTION 3 w.y.:::Ava ��.. 149'•d � '�'''�'- • ' eiy0t h1:if�•ANAL I SET. CZI NL2,TH.S Zw4a, F71t AOO'L ormwS Air TOP OF WAll T/ � f►L(TUSA. SEE SoL SfiGT10•I 03300 .i CW—bAI. FOR COiN4gAC-r.0.J f lnPA1iSI0►t JO.ar RCriJ.R3MP.dTS- ww� j ' O•''° eons W/RINGwA" eons-r tY-Or Ar rANR Mo. t T b Coh C. fort. M L I-vw If 2 2• C� (TYr t)nf I �coAsl�s uro,�,v>,z rw a'if, .v.N s MO Aft Cs It:sro 1 �c •:o Al IT ALL AROU%iD HOuPt+Y 'scecs�> is N NV. £L. SLD' AT rAw+c3 NO i 4 2 L CNOTE w/ s tI: rr« •u-4 n I �-C.Y d • s' ssnuc _�N:aer . . ' Lr Ca tLI M Ito ilnP4 PAD AT E^ W PIPS rd . l CC)ft4 wtTCO CO.+TAM-110 C.L6 MAT L 4"a':NT7MiE f sr il�. 41A l OS :Grl?A:7fi) 0 'DS'.0 Si TWN►AIr! gt15TING GRAIL Asrla CA.1�Aw.+4 1. TY O/fAV1 fYAS1UZ% ta•IttNt. CGL.6v^T.O.I V�pIiS) SFCTION- rANK pLA-' FORrA . Cy .JK �►FF .d t FILL AREA- ----�- �\ NFw filk- VD SGFACE — _ FrrTYK 6ftND $RF,gi: C-rcuf WALL t s rat % WIU FILL AREA . � : ••.� � =--' � �._.: SCE t t t � •i' � i L` EXq/AKr BUROW PIT •j ... �---- i •t: — — — .::::ram: rill i f CROSS►fitrlIM D�--- • is z�y I -- NE W PAVSME ft 7AX - wAY 3 —NEW BOOSTER � PIJMP STATION 986 . rc"- MwEeT I� 9g6 g09 LE if = 2001 TITLE•.: PLAN ON wE" TANK FARM PURPOSE Tb SHOW p,Tct+ Tr+A4T Wr�V MAIWTAnN OrR Jima-Isoicriam . AATOM : M, 5. L . = p'- O" = msvD PAVEMeNT 925 p 924 p i TAN f LokG DON NEW LINKS AND DIKED AREA NFW SL.. ORITy FPNCS ��--- N E % DITCH To r�cAiuTkiN.. D• E.R - J MISDIGT I O M &6AVATI0N I7-EQ b r 1300.cy, K'O C : 2 MEI.J L a "+ cvWba-i XF-PLAGC Exi5rlUt= .2 GvwGf�T. IN: TUwN5wip'67 SOL;TW RA jai 21 BAST, 5ECTION 52' ATI: NAVAL AIR STATION KLY WEST BOLA CWCA FIELD COOK:TY : MONROE STATE: P.-A r �z�srt G BsRM — New PAVE -MI T 9B6 m TA� wAY Cj:-NEW 15005TEK PUMP 5TATLO.4 A0=4,, PAVW9 0 V 524 0 T !H TAN % 2 L4GOON NEW TANKS AND DIKED AREA t�/4 NEW SiURITy FENCE RE!►`IFOFioEp NEW PIrCH CONCR TE DIKE •(TyP FILL 5CHEDULE TANKI42-.jFIl.t. 'RrQD = 5b,762 CyDS 7P5 FUEL 'TANK 5CHEDULE TANK NO GAP,(bSL5 GO-ORp y 1 l 1 e0000 eI =41-4af w 1 J12101'-oo rxk 24= 34'-16.24 N 50 SG LE' I'= 200220' O"DUl 24=41-.Z,� 34 I6 N IN: TOWNSHIP bT 560U) RAy6E 26 kA5T, SECTION 52. 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"ms n.T10..y 0C[.rK AT.QST11[AK .Owowls TR41r0 CLOE ►T[s LmTs or wom QCNOM /wWfO CLEwTIOr NVT S stltuvolows Nam119"1 A, U9" wATn LE.CL -0.ss MK.Kst **SERVED .pCs ttv[L . L23 L0-CST 09sa4K0 rt,Stw LETta-00s • .Nro.w[wTAL ..TKA90M WC wrwWCUMT AREA I_rtLV .. •Em C•VOKAL ste.[s Ow .rp1ECT90 RL.wOs wwpC.s .+H 6.1 D O tww� letttc-iaJ O �j/ !s' 7 • -n- .j •O 0 40 so $CALF_: r-.o• " w.+......r ar....ar.-. SOUTHERN DtvI51C+N . , .OL►sI�C..I�r�[2..w0 ��sre�T[s �rLtaEa tb s- 4 •-, T •..+r .w ST+.r. a• .Isl. rl..rr Blab :ap LAND MODIFICATIONS /L3Ilk +i+ �•Ta NEW SITE PLAN I�- LM•3 sAsrr-- scogt S:o�see _F �•t 7tr � t 1 y ! i t •s �t � y t N �1 �I 1, WOS E : CC. R-O5 5 SE'G T/oA✓S O� X"/1-// A7-/OAJ ewf7AV- e-- 0 I v 1\ 1 "moo 1 1i I ♦ /STIMD Troll 1Cro.Mus MpMIpTTs IBHI KO 0 KO e0 MLTep•lL OCCIMK •LrgIM(MK 4DMMISLM4Tg11 1 wt•Tts lawn Or VCRs SC♦LE: r• 40• ® LMUMO CLCb•TIOM - . .e rot t�HLC04 NOT •lL tLC11amos momp IMtq Kw wattle LML • O.Dt 1 ��7 r 1 MGwti! OMsCMrCO Marto LCVCL • Lis i� I IO-CST OMSCMtD "UCA LCKCL 0.00 l VUL WMATON L"D IMPf10V(MCMT •MCI �•••rtL► MC AD= m t. CAL SIYCS an •Ie07CCTCD ILLY D$ ww.OMs •ItC e•1 LM-3 ft' •�: 7 i 1, 56tfTHERN DIVISION MY M *Ulm. ' �l• •(l1. ILMN LAND MODIFICATIONS NEW SITE PLAN F ( smi oases L 1.•kG=4cL-es•c-o�ei �4�0��•• Wrt1.Of0�]� S It S-1 S • +k• 'ti. i I' � � ' 9 � � f F t: ' 9 ot L Oillet y . I'll, I XZ P o S E: c- A..o 5 5 S EG 7" ioNS oG .n.A71129 ✓ wOjJe-,r-- 1 IZ, • •J YM1+ ,Or•J'ttlOM 3-3 NOU33S >W. - A*J, ry • t i. sivrre swsrur�• r "X j rr, n• srinxii - ,► •Jza�+ ,a►• •took 0-0 N0I11 S ' >17�Y9Nf10Wj .r . J I11 .O►•JZtlO,114 3-0 HOIl339 :r .► •J WA ' ,0► •J'ZtlOk ' S-9 NOIIMS ir• - •r• »' , tr• xrsm awturs A •jia2ow V- V N011735 3vra�o�rcn�t/---� • 1✓' �I.fl JVr'Lf7 AYIlC/l! _ J►h STORM PIPE DETAIL xWEP0• rcA>: :� r [a•r/w4e~ Sow4 rlw.vrr0►Ja ' Z*gA•wlJLJyar . *l~ a raglnrrfer NAM/lAAtYraAOO wrrrw/f N fr'w[I PwrKrAi.AslCMerO.+IJaw7tJ[r. — MrarJf OLtMrrJf.1 [aYW7sfflO/LYl(pNfJr(KI POWs K71f+rwp!?MM.Y wJI MAI .wl(i► �•w[weaaf../ PIPE TRENCH BEDDM DETAIL PAL reJr/Ia[r nfaaura ta.ru rsAiKAtltt lrJJ�t[9� w LOIN afi/a I'utawaw. rIK PLAN ewarw�iretr w"3 PLAN r aaiiaat'rlls•fawl sfrr MtrJ7f0••CIF wr/r r/eaw a/fYw As.rorawa.lwtr aLlJtn.ars .treats Joe a Cx. /aA7iwlr• �e.wfJ:.a.t► r..lc s • Ja/w.rr�a r SECiIDN .rare_ f71. t T" lreJrwxr�J TOP SLAB DETAIL CONFLICT MANHOLE DETAIL x.7.L "M4AVlIO wlw I I, IIJrJ uotlo "LL IkwaJK Isrw�r �aarwl/pw� T Ywl O 1►Mo..c s..rJ� MPer cVw*let" O4:fr.Nlh[wIJ%r a ut cqt / a/wr/f I.N! f/Ja ar aya•wllw t..rtr S '�� FLOATING TURBIDITY BARRIER DETAIL - t [U*4 SECTION FRONT ELEVATION RIP RAP ENDWALL IaLf. •o . •o .o ualc:r.•o• 20 0 t0 •O fCAt(, 1 =t0' • 0 •ta . .CALL.1 4• SC.u:1''Y ram^ FERM. 1909 SOUTHERN DIVISION Ll- .Jq. ttt tM.iy 4[I �tt7. ' LAND tC IFITICiNs CR055 — 11C Ns AND DETAIL: F .0091