Resolution 041-1986
RE$Q)CUtIQ)N NQ).
041 -1986
WHEREA.$, the BQ)ARD Q)f tQ)UNtM tQ)mmI$$IQ)NER$ Q)f ffiQ)NRQ)E tQ)UNty, fCQ)RIDA,
has receiveD an application from
RQ)BERt t. KRIEtER
anD,
WHEREA.$, in compliance with $tate $tatute, it is necessary as part
of the permitting proceDure to reaD the fallowing Biological Assessment
into the RecorD, as follows:
The applicant would like to provide boat mooring facilities for the future
residents of a planned multi-family development, A boat basin-type
marina is proposed to satisfy this goal. The marina will be trapezoidal
in shape with the landward end measuring 17- ft. wide and the waterward
end measuring either 250 ft. wide or 270 ft. wide, depending on whether
you go by Page 2 or Page 3, of the proposed plans. The basin will
measure 160 ft. from the entrance to the landward end, The floor of the
basin will slope from a depth of 4 ft. mean low water (MLW) at the land-
ward end to 8 ft. MLW at the waterward end.
A series of 16 finger piers measuring 19 ft. by 3 ft, each, will line
three sides of the basin. The finger piers will combine with a double
row of mooring piles, to create 30 slips measuring 45 ft. long and 2
slips measuring 20 ft. long.
The basin sides will be bulkheaded with vertical concrete walls. A 5 ft,
wide concrete cap will be placed on top of the wall.
The application states that the land will be graded to prevent storm-
water runoff into open water, The plans do not reflect this aspect of
the proposed design.
A sanitary pump-out facility will be provided in the marina, however, no
fueling facilities will be provided. Liveaboard boats will not be per-
mitted in the marina.
Both barge mounted and land based equipment will be used to build the
proposed marina. Most of the spoil will be placed on the applicant's
uplands, however, some will be placed in wetlands. Turbidity curtains
will be utilized to maintain water quality while the project is under
construction.
The project site is located in the Rock Harbor area of Key Largo in the
Key Largo Ocean Shores subdivision.:The subdivision is located on a
small peninsula, which projects off the eastern side of Key Largo, known
as Point Charles. Rock Harbor, which is a shallow tidal lagoon, is formed
by Point Charles and Key Largo. Key Largo Ocean Shores subdivision is
located near the base (north end) of the Point Charles peninsula.
A network composed of three pairs of parallel canals provide waterfront
access to a majority of the lots within Key Largo Ocean Shores subdivision.
The canals cut completely across the Point Charles peninsula, such that
their western ends connect to Rock Harbor and their eastern ends connect
to the Atlantic Ocean. The natural waterbodies at both ends of the canal
system, are within John Pennekamp Coral Reef State Park and designated as
Class III, Outstanding Florida Waters (Chapter 17-3.041, 17-3.081 and
17-3.161, Florida Administrative Code),
Development within the subdivision consists of a mixture of commercial,
single family residential and multi-family residential projects. Of these,
single family residential projects are the most common.
Resolution
Robert C. Krieter
Page Two
In the recent past, major modifications of the Key Largo Ocean Shores
subdivision have been made by the applicant. Most prominent among these
is the creation of the southernmost pair of canals. Permit number
44-34296 authorized this work. Immediately across the canal from the
project site, a boat basin has been authorized to be excavated by permit
number 440715699, issued to the applicant. The applicant has also
received permit number 440879645, which authorized construction of a
network of docks within two existing boat basins on the new canal. An
Intent to Issue notice was sent out on this application (file no.
44069669) on October 25, 1984, but to date, no permit has been issued,
The project site is located on a roughly rectangular parcel of land
measuring 800f ft. by 250f feet. The long axis of the land is oriented
from the northeast to the southwest. The southeast side of the land is
bordered by the Atlantic Ocean and the southwest end is bordered by the
entrance to the central canal in Key Largo Ocean Shores subdivision.
At the southern corner of the property, a spit projects out several
hundred feet into the Atlantic Ocean.
Elevations on the applicant's property are, with the exception of the
immediate shoreline area, a fairly uniform 2f ft. above mean high water
(MEW). Substrate on the property consists of crushed limestone fill over
Key Largo Limestone bedrock. The fill is thickest on the southeast side
of the property. Prior to being filled, approximately 20 years ago, it
appears that roughly the southeastern half of the main body of the land
and all of the spit, lay below MEW.
On the side of the project site, which faces the canal, the shoreline
consists of a 10f ft. wide intertidal shelf formed by bedrock. On the
waterward edge of the shelf a near vertical drop to the bottom of the
canal is found. The landward edge of the shelf is formed by a low
escarpment which consists of the eroded edge of the fill that was placed
on the property.
Very little large vegetation is found on the intertidal shelf, partic-
ularly the waterward side of the shelf. Beginning at about the escarpment
on the landward side of the shelf, a 25f ft, wide zone of vegetation
composed primarily of buttonwood (Conocarpus erecta), sea daisy (Barrichia
frutescens) fringe-rush (Fimbristylis spathacea) and knot grass (Paspalum
distichum). Many of these plants are also found growing further landward,
however, upland vegetation is also found with them and dominates.
The section of shoreline at the project site which faces the ocean is
armored by a boulder revetment. Erosion has apparently not been com-
pletely stopped by the revetment, however, for the most part, this section
of shoreline appears to be fairly stable.
Fauna on the ocean front revetment includes bleeding tooth snails (Nerita
peloronta), zebra periwinkles (Littorina ziczac), beaded periwinkles
(Tectarius muricatus), false cerith (Butillaria minima) and fuzzy chitons
(Acanthopleura granulata). Beginning at the top of the revetment, a line
of trees composed of buttonwood, white mangroves (Laguncularia racemosa),
bay cedar (Suriana maritima) and a few Australian pines is found. Just
behind the shoreline trees is a zone vegetated by sea daisy (Borrichia
arborescens and B. Frutescens), and knot grass. Starting approximately
50 Ft. landward of the MEW line, upland plants become dominant components
of the flora.
Out from the toe of the revetment, the seafloor slopes down gradually.
Seagrass beds begin just a short distance seaward of the revetment. In
the corner formed by the oceanfront shoreline and the spit, there is a
tendency for large quantities of wrack to accumulate.
Rusolution
Robert C. Krieter
Page Three
Construction related activities are likely to result in elevated levels
of turbidity in the waters near the project site. Proper use of turbidity
curtains will tend to reduce this impact, however, the strong currents
in the canal at the project site, will make it difficult to efficiently
utilize them. Excavating the basin with a fill plug at the canal edge
would control turbidity much more efficiently,
Depending on which version of the boat basin plans is examined, the pro-
posed boat basin will either come very near the Atlantic shoreline or
will actually intrude into the shoreline area. In either case, the
shoreline wetlands will probably be disturbed.
Use of the proposed marina will result in discharges of toxic metals,
hydrocarbons, organic debris, detergents and miscellaneous debris.
Although a strong current will be flowing past the mouth of the boat
basin, the size of the basin is likely to produce a dead pocket of rela-
tively stangnant water where pollutants can accumulate.
BE It RE$~C~ED BY tHE B~ARD ~F C~UNtY C~rnmI$$I~NER$ ~F m~NR~E
C~UNtY, FC~RIDA, ~ha~ ~he above Biological Assessmen~ has heen reaD in~o
~he recorD anD Duly consiDereD pursuan~ ~o FloriDa $~a~u~e 253.124 hy
~he BoarD of Coun~y Commissioners of ntonroe Coun~y, FloriDa, ~his 1* h
~ay nf ;:;;j,r~ a~J ' 19 r"' at a regularly $cl1./ln1.~ nre.ting.
B~ARD ~F C~UNtY C~rnmI$$I~NER$ ~F
m~NR~E C~UNtY, FC~RIDA
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Cucien C. Pro y
Coun~y A~~orney
(305) 2944641
,BOARD OF COUNTY COMMISSIONERS
Wilhelmina Harvey, District 1
Ed Swift, District 2
Jerry Hernandez. District 3
Mayor Pro tern Alison Fahrer. District 4
Mayor Ken Sorensen, District 5
~~V~D' ~R~~,~2E
Lucien C. Proby,
County Attorney
310 Fleming Street
Key West, Florida 33040
I, the undersigned, do hereby attest that all data
and information is complete in the package of the applicant
as follows:
1. County Biologist Report
~
2. Resolution (ROBER!' C. KRIEI'ER)
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3. Application for Permit (OOATBASIN/MARINA)
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4. Site Plan
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5. Location Map
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6. DER Assessment
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COUNTY ATTY.
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MEMORANDUM
RECEf\/ED
DATE:
10 January 1986
JAN 1 4 1986
MONROE. COUf~
PlANNIt-.iG DE
TO:
Charles Pattison, Director
9i
FROM:
Robert Smith, Biologist JLS~
SUBJECT:
Krieter, Boat Basin (marina)
LEGAL:
Tract 4, Sections 32 and 33, Township 6lS, Range 39E
Key Largo
ZONING:
BU-l
I, INTRODUCTION
This application for a boat basin, which involves excavating greater than 100
cubic yards within a body of water, should be reviewed by the Board of County
Commissioners pursuant to section 19-111 (b)(4) of the Monroe County Code,
II. SITE AND PROJECT DESCRIPTION
The applicant proposes to construct a boat basin (marina). The proposed marina
will have 19 slips. To create this marina, the applicant desires to excavate
3078 cubic yards of material, all of which will be landward of the Mean High Water
Line (MHWL), Projects involving excavations for the creation of marinas or boat
basins which involve greater than 100 yards of material are considered as an
extent ion of navigable waters and as such, pursuant to section 19-1ll(b) (4) of
the Monroe County Code, require review by the Board of County Commissioners. The
project will involve the construction of 225 linear feet of a 5 feet wide concrete
cap to be set on top of caprock. The basin aperture will be 250 feet, so that the
basin itself will be sloped at an angle such as to accomplish maximum flushing.
Boat mooring will be accomplished by constructing nine finger piers which will be
3 ft, x 19 ft; 28 mooring piles will be placed within the basin,
The site in question was inspected on 7-14-84 and resulted in the following:
The site is bordered on the east by a fill spit which protrudes into the Atlantic
Ocean, the west by a residential subdivision, the north by a scarified tract of
land, and the south by a residential canal system, The site was vegetated very
minimally by grasses and sedges with an occasional buttonwood, Other plants found
on site included Florida holly, Australian pine, bay cedar, beach morning glory,
sea ox eye daisy, and Sesuvium, Subtidal vegetation included red and black man-
groves, Laurencia, Acetabularia, sea urchins, and nerite snails, The proposed
spoil site is adjacent to the proposed marina, This site is in a disturbed state
with predominently Florida holly seedlings present.
.
,'J
Page Two
Krieter, Boat Basin (marina)
10 January 1986
III, EVALUATION
The anticipated short term impact should be a raise in the level of turbidity in
the near shore waters, This canal system was designed to utilize a rather large
tidal flux for flushing purposes, which it does do. Since the system does main-
tain strong flushing, a high velocity turbidity screen should be able to control
the increased turbidity during construction. The long term effect should be a
raise in the level of heavy metals, petrochemicals, and fuel byproducts, Since
this system exhibits a good flushing action, this should not be significant,
Stormwater runoff on the project site could be controlled by the construction of
a small reverse swale berm adjacent to the bulkhead, Domestic pollution could
be controlled by the installation of a sewage pumpout facility.
It should be noted that the application has been amended considerably by the
U,S.A.C,O,E. and the F.D,E,R, during their review of the project.
IV, RECOMMENDATION
The biologist recommends conditional approval, Conditions:
1. High velocity turbidity screens be employed during construction.
2. A sewage pumpout facility be constructed on site.
3. A reverse swale berm be constructed adjacent to the bulkhead
to limit stormwater runoff.
4. No liveaboard boats shall utilize this facility.
5. Riprap shall be placed at the toe of the bulkhead and rock cut,
V, OTHER
The applicant has secured permits from the U,S,C,O.E, and the F,D,E,R, for this
project.
Attachments: 1) application
2) Plans
3) F,D,E,R, bioreport and permit
4) A.C,O,E, permit
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STATE OF FLORIDA
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DEPARTMENT OF ENVIRONMENTAL REGULATION
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L.:.~' GOVERNOR
AUf; 1 1985
,.....-. VICTORIA J, TSCHINKEL
/-n-~~/ SECRETARY
TWIN TOWERS OFFICE BUILOING
1600 liLAI R STONl ROAD
TALLAHASSEE, FLORIDA 313018241
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PERMITTEE:
Robert C. Kreiter
c/o Roberts Egan and Routa,
217 South Adams Street
Tallahassee, Florida 32307
permi t Number:
Da te of Issue:
Expiration Date:
440758679
7/30/85
5 years from
issuance
P.A.
County:
Project:
Monroe
Dredging, Dock
Construction
.' This permit is i:isued under th'2 vrovislons of Chapter 403,
Florida Statutes, Public Law 92-500, and Florida Administrative
Code Rules 17-3 and 17-4. The above named permittee is hereby
authorized to perform till? work or 0gerate the facility shown on
the application and approved drawing<s), plans, and other
documen ts at tached he ('eta or on file wi th the departmen t and made
a part hereof and specifically described as follows:
PROJECT DESCRIPTION:
To construct a 19 slip marIna facility by: excavating 3078 cubic
yards of material to create a basin approximately 50 ft. wide and
250 ft. long with a bottom elevation ranging from -6 ft. to -8 ft.
NGVD; constructing a vertical concret~ bulkhead across the back of
the basin; and constructing 9 finger piers) ft. wide by 19 ft.
long and associated mooring pilings.
LOCATION:
Point Charles, Atlantlc Ocean, Key Largo, Monroe County, Section
33, Township 61 South, Range 39 East, not in an aquatic preserve,
Class III waters.
Page 1 of 6.
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REVISED MAR 19 1985
, ,,,",~;,cj,,..!.~':'iJi~J~Itt'=~<~~iRMi,. ~ipPLicATI-ON-'APPRAISAL: .: ~
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File No.: 440758679
County:
Monroe
Date: 1-11-85
Applicant Name:
Robert C. Krieter
Address: PO Box 1886, Key Largo" FL 33037
Agent (if applicable): Roberts, Egan & Routa Law Firm
Address: 217 S. Adam St., Tallahassee, FL 32301
Location of project: Section(s)
33
Township
61S Range
39E
Section(s)
Township
Range
Local Reference: Key Larqo (Point Charles)
Water Body: Atlantic Ocean
Water Classification of Project Area:
III Adjacent Waters:
III
Aquatic Preserve:
None
Outstanding Florida Waters: John Pcnnekump Coral Reef State Park
On site inspection by:
David Bishof
Date of Inspection:
1-8-85
Original Application: Yes__ No X
Revised Application: Yes XNo
Date: 11-2-84 Date of 2nd Insp.
Biological and Water Quality Assessment
A. Description of proposed project and construction techniques.
Quantify area of project which extends into waters of the state
(including the submerged lands of those waters and the transi-
tional zone of the submerged land) as defined in Section 17-4.02
and Section l7-4.2~, Florida Administrative Code.
B. Biophysical features of general area. Include comments concerning
extent of development of adjoining properties as well as relevant
historical facts about the area.
C, Biophysical features of specific project site and spoil site if
applicable. Include identification of bottom types and any
relevant historical facts about the area of the project.
D, Potential impact of project on biological resources and water
quality. Address long-term imoact as well as immediate impact
for all aspects of the project.
E. Suggestions, where appropriate, for modifications that may reduce
or mini~ize the potential impact of project.
PERM 16-10(Rev,6/79)
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A. The applicant would like to provide boat mooring facilities
for the future residents of a planned multi-family
development. A boat basin-type marina is propused to satisfy
this goal. The marina will be trapezoidal in shape with the
landward end measuring i70 ft. wide and the waterward end
measuring either 250 ft. wide or 270 ft. wide,ldepending on
whether you go by Page 2 or Page 3, of the propos~d plans.
The basin will measure 160 ft. from the entrance to the
landward end. The floor of the basin will slope from a
depth of 4 ft. mean low water (MLW) at the landward end to
8 ft. MLW at the waterward end,
A series of 16 finger piers measuring 19 ft. by 3 ft. each,
will line three sides of the basin. The finger piers will
~ combine with a double row of mooring piles, to create 30
slips measuring 45 ft. long and 2 slips measuring 20 ft.
long.
The basin sides will be bulkheaded with vertical concrete
walls. A 5 ft. wide concrete cap will be placed on top of
the wall,
The application states that the land will be graded to prevent
stormwater runoff into open water. The plans do not reflect
this aspect of the proposed design.
A sanitary pump-out facility will be provided in the marina,
however, no fueling facilities will be provided. Live-
aboard boats will not be permitted in the marina.
Both barge mounted and land based equipment will be used to
build the proposed marina. Most of the spoil will be placed
on the applicant's uplands, however, some will be placed in
wetlands. Turbidity curtains will be utilized to maintain
water quality while the project is under construction.
B. The project s~tc is located in the Rock Harbor area of Key
Largo in the Key Largo Ocean Shores subdivision. The
subdivision is located on a small peninsula, which projects
off the eastern side of Key Largo, known as Point Charles.
Rock Hurbor, which is a shallow tidal lagoon, is formed by
Point Charles and Key Largo. Key Largo Ocean Shores sub-
division is loc~tod near tho base (north end) of the Point
Charles peninsulu.
A network composed of three pairs of parallel canals provide
waterfront uccess to a majority of the lots within Key Largo
Ocean Shores subdivision. The canuls cut completely across
the Point Charles peninsula, such that their western ends
connect to Rock Hurbor and their eastern ends connect to the
Atlantic Ocean, The natural waterbodies at both end> of the
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Page Three
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canal system, are within John Pennekamp Coral Reef State
Park and designated as Class III, Outstandin0 Florida ~aters
(Chapters 17-3.041, 17-3.081 and 17-3.161, Florida
Administrative Code) ,
Development within the subdivision consists of a mixture of
conunercial, single fLlmily residential and multi-family
residential projects. Of these, single family residential
projects are the most conunon.
In the recent past, major modifications to the Key Largo
Ocean Shores subdivision have been made by the applicant.
- Most prominant among these is the creation of the southern-
most pair of canals, Permit number 44-34296 authorized this
work. Immediately across the canLll from the project site,
a boat basin has been authorized to be excavated by permit
number 440715699, issued to the Llpplicant. Tne applicant has
also received permit number 441)879645, which authorizes
construction of a network of docks within two existing boat
basins on the new canal. An Intent to Issue notice was
sent out on this application (file no. 440697669) on
October 25, 1984, but to date, no permit has been issued.
C. The project site is located on a roughly rectangular parcel
of land measuring 800+ ft. by 250+ feet. The long axis of
the land is oriented from the northeast to the southwest.
The southeast side of the land is bordered by the Atlar.tic
Ocean and the southwest end is bordered by the entrance to
the central canal in Key Largo Ocean Shores subdivision.
At the southern corner of the property, a spit projects out
several hundred feet into the Atlantic Ocean.
Elevations on the applicant's property are, with the exception
of the inunediate shoreline area, Cl fairly uniform 2+ ft.
above mean high wClter (MEW). Substrate on the property
consists of crushed limestone fill over Key Largo Limestone
bedrock. The ~ill is thickest on the southeast side of the
property. Prior to being filled, approximately 20 years
ago, it appears that roughly the southeastern half of the
main body 0 f the land ,:md a 11 of the spit, lay be low MHW.
On the side of the project site, which faces the canal, the
shoreline consists of a 10+ ft. wide intertidal shelf formed
by bedrock. On the waterward edge of the shelf a near
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vertical drop to the bottom of the canal is found. The
landward edge of the shelf is formed by a low escarpment
which consists of the eroded edge of the fill that was
placed on the property.
Very little large vegetation is found on the intertidal
shelf, particularly the waterward side of the shelf.
Beginning at about the escarpment on the landward" side of
the shelf, a 25+ ft. wide zone of vegetation composed
primarily of buttonwood (Conocarpus ~recta), sea daisy
(Borrichia frutescens) fringe-rush (Fimbristylis spathacea)
and knot grass (Paspalum distichum). Many of these plants
are also found growing further landward, however, upland
vegetation is also found with them and dominates.
The section of shoreline at the project site which faces
the ocean is armored by a boulder revetment. Erosion has
apparently not been completely stopped by the revetment,
however, for the most part, this section of shoreline
appears to be fairly stable,
Fauna on the ocean front revetment includes bleeding tooth
snails (Nerita peloronta), zebra periwinkles (Littorina
ziczac), beaded per;wi nkles (Tcctarius muricatus), false
cerith (Butillaria minima) ilnd fuzzy chitons (Acanthopleura
granulata). Beginning at the top of the revetment, a line
of trees composod of buttonwood, white mangroves (Laguncularia
racemosa), bay cedar (Suriana maritima) and a few Australian
pines is found. Just behind the shoreline trees is a zone
vegetated by seil daisy (Borrichi~ arborescens and B. frutescens),
and knot grass. Starting approximately 50 ft. landward of the
MHW line, upland plants become dominant components of the
flora.
Out from the toe of the revetment, the seafloor slopes down
gradually. Seagrass beds begin just a short distance seaward
of the revetme}1t. In the corner formed by the oceanfront
shoreline and the spit, there is a tendency for large quan-
tities of wrack to accumulate.
D. Construction related activities are likely to result in
elevated levels of turbidity in the waters near the project
site. Proper use of turbidity curtains will tend to reduce
this impact, however, the strong currents in the canal at the
project site, will m~kc it diffic\llt to efficiently utilize
them. Excav<1tinq tho basin with a fill plug at the canal edge
would control turbidity much more efficiently.
Depending on which version of the boat basin plans is examined,
the proposed boat basin will either come very near the
Atlantic shoreline ()r will actually intrude into the shoreline
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area. In either case, the shoreline wetlands will probably
be disturbed.
Use of the proposed marina will result in discharges of
toxic metals, hydrocarbons, organic debris, detergents and
miscellaneous debris, Although a strong current will be
flowing past the mouth of the boat basin, the size of the
basin is likely to produce a dead pocket of relatively
stagnant water where pollutants can accumulate.
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DA~ID BISHOF, ENV. /SPEC.
DATE:
985
READe.
l't. v....
READ:
DEB/dvo
/", __"'No.
3C-2519
EffectIM D.te
KRIETER. Robert C.
JUN07~
JUN 07 1989
"'lM of AppllC8nt
ExpImIon D... (1f GPpIicIlIbz.)
J
DEPARTMENT OF THE ARMY
PERMIT
RefeniDctowritt8nrequestdated September 8. 1983 fora permit to:
(X) Perform work ill or affecting navigable waten of the United States, upon the recommendation of the Chief of Engineers,
punuant to Section 10 of the Riven and Harbors Act of March 3, 1889 1.tS U.S. C. 40.7);
(X>> Diacharge dredged or fill material into waters of the United States upon the issuance of a permit from the Secretary of the
Army actiq tbroUCh the Chief of Engineers pursuant to Section 404 of the Clean Water Act 1.tS U.S. C. 1344);
1 ) TraJUlport dredpd material for the purpose of dumpiDg it into oceaD waten upon the issuance of a permit from the
Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and
Sanctuaries Act of 1972186 Stat. 1062; P.L. 92-632);
Mr. Robert C. Krieter
Post Office Box 1886
Key Largo, Florida 33037
is hereby authorized by the Secretary of the Army:
to
construct a bulkhead, construct finger piers, place mooring pilings, place
riprap, and excavate a boat basin
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in
a manmade canal off Hawk Channel
at Sections 32 and 33, Township 61 South, Range 39 East, Key Largo, Monroe
County, Flori da
'.
in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit (on draw-
ing.. 6i1J. (iz. numb.r or ot"--r "tinie. uunti(icGCion marks. I
four sheets, entitled H83C-2517N, revised January 12, 1984
subject to the following conditions:
I. General Conditions:
a. That aU activities identified and authorized herein shall be consistent witb the terms and conditions of tbis permit; and
that any activities not specifically identified and autborized herein sball constitute a violation of tbe terms and conditions of
this ~rmit ~bicb may result in the modification. sUllpension or revocation of thill permit. in whole or in part. All let fortb more
llpeclflcally In General Conditions j or k hereto. and in tbe inlltitution of lIucb legal proceedingll 811 tbe United States Govern-
ment may conllider appropriate, wbether or not thill permit bail been previoullly modified. lIullpended or revoked in whole or in
part.
ENG FORM 1721, Sep 82
EDITION OF 1 JUL 1715 OBSOLETE
fER 1146,2._1
1