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Resolution 392-1996 RESOLUTION NO. 392-1996 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS REQUESTING THE AID OF THE MONROE COUNTY CONGRESSIONAL DELEGATION TO RESPECTFULLY REQUEST ~ ~ THE -< UNITED ST A TES ARMY CORPS OF ENGINEERS TO ~ ;.,; POSTPONE POLICYMAKING ON GENERAL PERMIT SAJ -77 UNTIL '-,,j a.. AFPER MONROE COUNTY AND THE STATE OF FLORIDA HAVE ~: ~ AnoFrED STANDARDS AND CRITERIA FOR THE ISSUANCE OF :'? : PE~:MITS FOR DOCKS AND SHORELINE STRUCTURES IN THE o e5 ELQ&lDA KEYS AREA OF CRITICAL STATE CONCERN. L.Lj L.'-..J~ -. \O-;:;z: . _'- WREREAS,~e Monroe County Board of County Commissioners (BOCC) discussed the United States Army Corps of Engineers (ACOE) proposed General Permit SAJ-77 during their September 19, 1996 meeting and has the following concerns; WHEREAS, the many local, state and federal departments and agencies with jurisdiction over docks and shoreline structures can avoid or reduce the potential for conflicting regulations through intergovernmental coordination during rulemaking; WHEREAS, Monroe County is also required to adopt comprehensive plan policies and land development regulations for docks and shoreline structures under both the Area of Critical State Concern legislation, Florida Statutes Chapter 380, and Florida's Growth Management Act, Florida Statutes Chapter 163; WHEREAS, conflicting agency interpretations regarding the previous 1986 Florida Keys Comprehensive Plan policies and 1986 land development regulations for docks and shoreline structures resulted in the appeal of over 100 building permit applications to the State of Florida Department of Community Affairs; WHEREAS, the Board of County Commissioners' of Monroe County has adopted a new 2010 Comprehensive Plan, which contains goals, objectives and policies, concerning docks and shoreline structures in the Florida Keys; WHEREAS, Monroe County submitted the 2010 Comprehensive Plan to the DCA and the Governor and Cabinet; WHEREAS, the Governor and Cabinet directed the DCA to conduct additional public hearings concerning the proposed standards and criteria for docks and shoreline structures, and the DCA is currently conducting these public hearings in the upper, middle and lower Florida Keys; WHEREAS, Monroe County and the State of Florida are still in the process of adopting specific standards and criteria for issuance of permits for docks and shoreline structures in the Florida Keys; WHEREAS, Monroe County and the State of Florida would like to adopt standards and criteria that are clear in order to prevent conflicting regulations or interpretations among the various local, state and federal government agencies with permitting or oversight authority in the Florida Keys; WHEREAS, the ACOE also proposed a General Permit for certain docks and shoreline structures in the Florida Keys; WHEREAS, Proposed ACOE General Permit SAJ-77 could encourage the submittal of applications for dock and shoreline structures that may conflict with state and local regulations that are ultimately adopted; WHEREAS, Monroe County and the State of Florida have not yet reached a final decision concerning state and local permitting standards; WHEREAS, potential conflicts created by federal regulations and general permit requirements could be avoided if the United States Army Corps of Engineers were to postpone General Permit SAJ-77 until after Monroe County, DCA and the Governor and Cabinet reach a final decision on state and local requirements for docks and shoreline structures; WHEREAS, the United States Army Corps of Engineers could avoid or minimize this potential for conflicting requirements by delaying rulemaking on the proposed General Permit until after these local and state requirements are adopted; NOW, THEREFORE, the Board of County Commissioners of Monroe County hereby resolves as follows: 1. To request the aid of the Monroe County congressional delegation of Senator Bob Graham, Senator Connie Mack and Congressman Peter Deutsch in efforts to respectfully request the United States Army Corps of Engineers to postpone rulemaking on General Permit SAJ-77 until after Monroe County and the State of Florida have approved standards and criteria governing the issuance of permits for docks and shoreline structures in the Florida Keys; and 2. To submit this resolution to the United States Army Corps of Engineers in response 2 to the Public Notice for Proposed General Permit SAJ-77; PASSED AND ADOPTED by the Board of Coun.ty Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the19th day of Septem~Ef~96. (SEAL) A TrEST: DANNY L. KOLHAGE, CLERK By: ~C. 0ufJ~ Deputy Clerk Mayor Freeman yes Mayor Pro Tern London yes Commissioner Harvey absent Commissioner Reich yes Commissioner Douglass yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ~~-F~ 3 BOB GRAHAM .FLORIDA ilnittd ~tatfS ~fnatf WASHINGTON, DC 20510-0903 December 18, 1996 Mr. Danny L. Kolhage Clerk of the Circuit Court 500 Whitehead Street Key West, Florida 33040 Dear Danny: In response to my inquiry on your behalf, I have enclosed a copy of the letter I received from the Army Corps of Engineers for your reference. If I can be of assistance with other matters, please do not hesitate to let me know. It is important to me to be aware of your views and concerns in order to better represent you in Washington. Again, thank you for allowing me this opportunity to serve you. With kind regards, -::;:~ ~7L- United States Senator BG/mkr Enclosure :t ~ .., - z " ~ .r. r-- Q -- :r- ~ r-. .. '-' ,'. ::".. .' N .. z~;::;~. .' W ;c . .'- ~, "l:l ',- " - N - , VI -!) DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS P. O. BOX 4970 JACKSONVILL,E, FLORIDA 32232.0019 .j Regulatory Division South Permits Branch DECEYiBER 5, 1996 1 I i- t REPl. Y TO ATTENTION OF 1 Honorable Bob Graham United States Senator ATTN: Pat Grise Post Office Box 3050 Tallahassee, Florida 32315-3050 Dear Senator Graham: This is response to your letter dated November 22, 1996, enclosing correspondence from Mr. Danny L. Kolhage concerning the proposed regional permit for the construction of docks in the Florida Keys. Mr. Kolhage's letter is enclosed for your reference. The Board of County Commissioners of Monroe County adopted a resolution that requested us to postpone a final decision on establishing general permit number SAJ-77 until they have adopted standards and criteria for the issuance of permits for docks and shoreline structures. This general permit was proposed for the purpose of allowing property owners to obtain authorization to construct a dock along ~ith certain design criteria which would have minimized project impacts. The applicant would benefit by obtaining an expedited permit. The Corps is in general agreement to try to establish unified criteria with the County and the State of Florida. To this end, my staff will be attending a meeting in Marathon on December 18, 1996. The Corps will continue to work with the County in an effort to enhance the environment and provide the public with an expedited regulatory process. If you have additional questions -2- or need additional information, please call me or have your staff contact Mr. Joseph Burns, Congressional Liaison, at 904-232-2243. Sincerely, lce u.S. Army Engineer James Ii. Connell lieutenant Colonel, U. S. Arm)' Deput}' Qistrict Engineer Commander, u.S. Army Corps of Engineers (CECW-OR) Commander I South Atlantic Division (CESAD-ET-CO-R) / Enclosure Copies Furnished: .~'."".