Resolution 038-1985
RE.$(!)CUtI(!)N N(!). 0 38 -1985
IDREREA.$, the B(!)ARD (!)F C(!)UNtM C(!)ffiffiI.$.$I(!)NER.$ (!)F ffi(!)NR(!)E C(!)UNtM, FC(!)RIDA,
has receiveD an application from RACPR ffiIECCAREK, anD
IDREREA.$, in compliance with .$tate .$tatute, it is necessary as part of
the permitting proceDure to reaD the following Biological Assessment into
the RecorD, as follows:
The applicant wishes to stabilize the shoreline and provide improved boat
mooring facilities at his residential property. The first goal will be
achieved by building a boulder riprap revetment along a 130 ft. long section
of the applicant's shoreline. The revetment will require the use of approx-
imately 40 yd3 of riprap, roughly half of which will be waterward of mean
high water (MHW) and half landward.
The improved boat mooring will be provided by two separate facilities.
One of the facilities will consist of an 80 ft. by 8 ft. (640 ft2) shoreline
dock. The dock will be built along a section of the applicant's canal front
shoreline. The second proposed boat mooring facility, is a boat slip
measurement 36 ft. long by 15 ft. wide by 5 ft. mean low water (MLW) deep.
The sides of the boat slip will be seawalled. An estimated 180 yd3 of
material will be excavated in the process of creating the boat slip. The
spoil will be used as backfill for the previously described revetment.
No description of the proposed construction techniques or how materials and
supplies will be brought to the site, has been supplied by the applicant.
Proposed methods for maintaining water quality while the project is under
construction, have not been stated either.
The project site is located in the Sexton Cove Estates subdivision, which
is located on the bay side of Central Key Largo. Sexton Cove Estates was
created by filling mangrove wetlands with the fill from finger canals.
Virtually every lot in the subdivision fronts on either a canal or open
water. The subdivision is designed for Mobile Homes and 90+ percent of the
available lots have homes on them.
The applicant's property is located on the western side of the subdivision.
The adjoining lot to the east of the project site has a Mobile Home on it
and fronts on a canal with a seawall and boat slip on the shoreline. The
end of Eagle Drive also forms part of the eastern boundary of the project
site. One of the main trunk canals in the subdivision runs along the south-
west side of the project site. Sexton Cove, which is a branch of Blackwater
Sound, lies to the west of the applicant's property. The waters of Sexton
Cove and the adjoining canal are designated as Class III waters (Chapter
17-3.081 and 17-3.161, Florida Administrative Code).
Part of the Sexton Cove Estates subdivision was created without the benefit
of authorization from the United States Army Corps of Engineers. The
litigation which resulted was resolved recently by the acceptance of a
restoration plan for the subdivision. The Department authorized the
restoration on March 4, 1983, (see attached authorization for restoration).
Part of the restoration work required that the entrance to the canal, which
runs by the project site, be widened to 75 feet. In order to do the
required work, part of the two lots which now make up the project site, had
to be removed.
The applicant's property consists of two adjoining Mobile Home lots.
When inspected, the lots were vacant. Substrate on the lots consists of
crushed limestone fill at an elevation of 3~ ft. above MHW. Vegetation on
the land consists of pioneer grasses and scrubs with much of the site showing
signs of scarification from the recent restoration work.
Resolution No. 038 -1985
Ralph Mielcarek
Page Two
At the southeast corner of the project site, a 20 ft. length of the canal
front shoreline is armored by a small boulder revetment. At the toe of the
revetment is a narrow shelf. Beyond the shelf the canal side crops off
vertically to the canal floor. A fairly rich flora composed of Acetabu-
laria sp., Batophora sp., Caulerpa sp., Halimeda sp., Penicillus sp. and
filimentous bluegreen algae is found on the shallow shelf. A large number
of false cerith snails (Batillaria minima) are found on the shoreline in
this area.
On the southwest side of the project site, a l30~ ft. length of shoreline
clearly shows the effects of the recent restoration work. In this area, an
escarpment drops from the elevation of the lot, down to a 3 to 4 ft. deep
shelf. The shelf varies in width from 5 to 35t feet. In the restored area,
the shoreline was left as bare fill, with no shoreline armor. As a result
of the recent restoration work, very little biota was observed on this
stretch of shoreline.
The western corner of the project site faces toward Sexton Cove. The shore-
line in this area is protected by a large boulder revetment. Just offshore
from the revetment, there is an area of shallow bay bottom vegetated by a
rich mixture of benthic algae and seagrass.
Water quality within the Sexton Cove canal system has been observed to be
of very low quality as would be expected in a very deep deadend system.
On occasions, this office has been requested to investigate complaints
about pollution in the canals.
Construction related activities can be expected to cause temporarily eleva-
ted levels of turbidity, dissolved organic compounds and particulate
organic substances. Proper use of turbidity control techniques should be
able to reduce these impacts to acceptable levels. Unfortunately, the
applicant has not indicated any plans to utilize turbidity controls during
construction. It is expected that the waters near the project site will
be degraded below State water quality standards by the construction
activities.
Construction of the proposed revetment will cover over approximately 650
ft2 of intertidal wetlands. Since the wetlands in question have been heav-
ily impacted recently, the new impact will do little additional damage.
The new boulders will offer a good site for the reestablishment of fauna.
The proposed shoreline dock will cause the flora which eventually becomes
established under it to be shade tolerant. The present lack of flora in
the area will prevent the dock from heavily impacting any existing flora.
The proposed boat slip will have the effect of enlarging the Sexton Cove
Estates canal system. As noted earlier, the canal system suffers from
poor water quality caused by a poor design. The canal system acts to
entrain the waters of Sexton Cove and as a source of polluted water. With
the canal system being enlarged, more water will be entrained from Sexton
Cove with every incoming tide and degraded by the canals. With every out-
going tide more substandard water will leave the canals and degrade the
waters of Sexton Cove. Additionally, the boat slip will tend to entrap
floating debris.
BE X~ RE$~~ED BM ~HE B~ARD ~F (~UN~M (~mmX$$X~NER$ ~F m~NR~E (~UN~M,
FC~RXDA, that the above Biological Assessment has been reao into the recoro
ana ou1y cnnsioereo pursuant to F1orioa $tatute 253.124 by the Boaro of
Resolution No. 038 -1985
Ralph Mielcarek
Page Three
Cnunty tonunissioner-s of tllnnr-oe tounty, .F1or-ina, this 23rd nay of
January
, 19 85
at a r-egu1ar-1y schenu1en meeting.
B~ARD ~.F t~UNty t~mmI$$I~NER$ ~.F
m~NR~E t~UNty, .FC~RIDA
By \.U....~.J -,""::. ..... ~ I' ~
mayor- - \'
($ea1)
Attest :DANNY L. KOLHAGE, Clerk
(305) 2944641
,BOARD OF COUNTY COMMISSIONERS
Wilhelmina Harvey, District 1
Ed Swift. District 2
Jerry Hernandez, Dis1rict 3
Mayor Pro tem Alison Fahrer. District 4
Mayor Ken Sorensen. District 5
O<~y~D' ~A~~,~~E
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' (RALPH MIELCAREK) ~
3. Application for Permit (FILL) ~
4. Site Plan ~
5. Location Map ~
6. DER Assessment ~
Date J- fl-:iS B dtz ~
Biologist recommends conditional app~val of 'th~~ p~ect.
Please note the conditions listed on page two and three of
Robert Smith's report.
m . ]E.. ~ 'i? f?'l \'"?~ !'\.....
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ilU..
JAN 10 193:)
COUNTY ATTY.
M E M 0 RAN DUM
DATE:
December 19, 1984
TO:
Jeffrey Doyle, Ph.D, Director
Board of County Commissioners
FROM:
Robert Smith, Biologist ~~fr
SUBJECT:
Mielcarek, Fill
Legal:
Lot 18, 19, Block 6, Sexton Cove Estates,
Key Largo
Zoning:
RU-5
I. INTRODUCTION:
This application, which involves fill below the Mean High Water
Line (M.H. ~V'. L), requires review by the Board of County Commissioners
pursu~~t to Section 19-111 (a) (5) of the Monroe County Code.
II. SITE AND PROJECT DESCRIPTION:
The applicant proposes to stabilize his shoreline with a rip rap
revetment, construct a perimeter wooden dock, and dredge a boatslip. The
placement of rip rap, which constitutes fill below the Mean High Waterline
(M.H.W.L.) and the dredging of a boatslip which effectively enlarges a
tidally influenced area, necessitates review by the Board of County
Commissioners pursuant to section 19-111 (a) (5) and 19-111 (b) (4)
of the Monroe County Code.
The site in question was inspected on 4-19-84 and resulted in the
following: The lot lies in a residential subdivision being primarily, or
almost exclusively mobile homes. The lot/or lots are very irregularly
shaped. Extensive erosion has occurred to the point that approximately
15-20 feet of the property has been washed away. The basic reason for
this extensive erosion is that the property lies juxtaposition to the
canal extrance/exit to Florida Bay.
j
Subtidal vegetation present on site included Halimeda, Batophora,
und Thalassia. The lot itself contained predominantly sea oxeye daisy
(8orrichia sp.) and various grasses and forbes. A few seeklings of
Florida Holly (Schinus terebinthefolius) and Australian pine (Casuarina
sp.) were also present.
:~umerous discussions/meetings were held between the Florida Dept. of
Environmental Regulation (F.D.E.R.) and the applicant. The original pro-
~osa~ was denied by the F.D.E.R. Amended plans for the project included
reorlentation of the proposed boatslip, a perimeter dock, and the place-
;nent of rip rap stones in the form of a revetment (see attached plans.)
rhe dredging of the boats lip will involve an excavation of 185 cubic yards
of material, of which, approximately 100 cubic yards will be waterward
-1-
Jeffrey Doyle
December 19, 1984
Re: Mielcarek, Fill
of the Mean High Water Line (M.H.W.L). This excavation will essentially
enlarge an area of tidal influence, as such pll~suant to Section 19-111 (b)
(4) of the Monroe County Code, review by the Board of County Commissioners
is required. The dredge spoils will be retained as fill on site.
The mooring of the applicants boat will be accomplished by the proposed
construction of a perimeter dock. This dock will go over the rip rap
revetment and be 133 ft. long by 6 feet wide. Around the perimeter of the
36 feet long by 15 feet wide boats lip will be a 4 feet wide dock.
III. EVALUATION:
The proposed dredging will effectively enlarge a tidally influenced area.
The water quality at present in this c~nal system is quite poor. The
proposed boatslip will not appreciably effect that water quality rating.
Anticipated impacts of this activity will be a raise in the turbidity
levels during construction. This can be contained if the applicant agrees
to use turbidity screens during the construction period. The placement of
rip rap stones in the form of a revetment should serve as a site for the
incorporation of a more permanent biota. As the bank is presently erod-
ing rather quickly due to the intensive utilization of this canal system,
the stabilization of the bank should benefit the system by keeping the
turbidity down.
The applicant currently has applied for and received a variance from
HRS for the placement of the septic tank 35 feet from the water. This
variance was, I believe, a great error as we already have a septic
effluent problem in Monroe County. Coupled with the already poor
water quality of this canal system, an increased input of septic effluent
can do nothing else but degrade the system even further.
The applicant currently has applied for and received dimensional var-
iances of 17 feet, 15 feet, and 3.5 feet from the Monroe County Board of
Adjustment.
The continued practice of granting numerous variances can do nothing else but
degrade the environment by placing large structures and pollution sources
in an area unsuited for such.
The dock will effectively shade out 1086 square feet. A shift to shade
tolerent vegetation should ensue. The perimeter dock of the boat basin
will protrude into the water to such an extent as to cause a navigational
hazard, as will the rest of the property line perimeter dock. Since
this canal is used extensively by weekend boaters a collision is highly
probable unless some form of lighting or other marking is accomplished.
IV. RECOMMENDATION:
The biologist recommends conditional approval.
Conditions: 11) ~ut the length of the boatslip dock to 30 feet.
(2) Plant red mangrove seedlings in the rip rap revetment.
(3) Turbidity screens to be employed during construction.
(4) A reverse swale embankment be constructed landward
of the rip rap revetment.
(5) Placement of lights on the dock at each end.
-2-
Jeffrey Doyle
December 19, 1984
re: Mielcarek, Fill.
Reasons: (1) Navigation hazard
(2) Pollution abatement from septic tank.
(3) Turbidity control
(4) TUTbidity control
(5) Navigation hazard
If all of the conditions requested can be met then a favorable review/
recommendation will be in effect. If these conditions can not be met,
then the biologist recommends denial as proposed.
v. OTHER:
The Florida Dept. of Natural Resources (F.D.N.R.) has stated no objection
to this project. The U. S. Army Corps of E~gineers (A.C.O.E.) has issued
an authorization for this project. The F.D.E.R. has yet to issue a permit
for this project.
Enclosures:
(1) F.D.E.R. bioreport
(2) F.D.N.R. response
(3) A.C.O. E. response
(4) Application
(5) Plans
-3-
-/-.
MONROE
COUNTY
@
PI.ANNING, BUILDING & ZONING DEPARTMENT PERMIT APPUCATJON FOR
EXCAVATION, THE DEPOSIT OF "'ILL, OR STRUCTURAL ACTIVITIF.S IN THE
WATERS OR WETLANDS OF MONROE COUNTY.
{:p5t~~;?l~2~~_:d~~__ __l,;' ~~w~~:~V,
4) Contractor or agent's name, mailing address, phone & certification numher.
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5) Lcgal description of property:
Sf'd.ion,
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6) Dcscribe the proposed activity, methods of construction & amount of material (in cubic yards) to be excav<ltpd or
discharged. Describe purpose & intended use of project. _ / .
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DEPARTMENT OF ENVIRONMENTAL REGULATION
PEIDUT APPLIC.l\TION APPRAISAL
File No.; 440714925
County:
Monroe
Date: 7...28...83
Applicant Name:
Ralph Mielcarek
Address: 9500 S.W. 92 Avenue, Miami, Florida 33176
Agent (if applicable):
None
Address:
Location of project: Section(s)
1
Township 61S
Range '. 39E
Section(s)
Township
Range
Local Reference:
Key Largo
Water Body: Sexton Cove, (Blackwater Sound)
Water Classification of Project Area:
III Adjacent Waters:
III
Aquatic Preserve:
None
Outstanding Florida Waters:
None
On site inspection by:
David Bishof
Date of Inspection:
7-18-83
Original Application: Yes~ No
Date of 2nd Insp.
Revised Application: Yes No
Da te :
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 17-4.28, Florida Administrative Code.
B. Biophysical features of general area. Include comments concerning
extent of development of adjoining properties as wel~ 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 an~
relevant historical facts about the drea of the project.
D. Potential impact of project on biological resources and w~~er
quality. Address long-term impact as well as immediate impact
for all aspects of the proj ect. f .'
E. Suggestions, where appropriate, for modi fica tions that may 'reduce
or minimize the potential impact of project. . .
PERM 16-l0(Rev.6/79)
.
.
...
~
lLIELCAREK, RALPH
~ ,I 4 0 7 14 9 2 5
t'mroe County - Key Largo
~'Ige Two
" .
The applicant wishes to stabilize the shoreline and provide
improved boat mooring facilities at his residential property.
The first goal will be achieved by building a boulder riprap
revetment along a 130 ft. long section of the applicant's
shoreline. The revetment will require the use of approximately
40 yd3 of riprap, roughly half of which will be waterward of
mean high water (MHW) and half landward.
.
The improved boat mooring will be provided by two separ~te
facilities. One of the facilities will consist of an 80 ft.
by 8 ft. (640 ft2) shoreline dock. The dock will be built
along a section of the applicant's canal front shoreline. The
second proposed boat mooring facility, is a boat slip measur-
ing 36 ft. long by 15 ft. wide by 5 ft. mean low water (MLW)
deep. The sides of the boat slip will be seawalled. An
estimated 180 yd3 of material will be excavated in the process
of creating the boat slip. The spoil will be used as backfill
for the previously described revetment.
No description of the proposed construction techniques or how
materials and supplies will be brought to the s~te,'has been
supplied by the applicant. Proposed methods for maintaining
water quality while the project is under construction, have not
been stated either.
B. The project site is located in the Sexton Cove Estates subdivi-
sion, which is located on the bay side of Central Key Largo.
Sexton Cove Estates was created by filling mangrove wetlands
with the fill from finger canals. Virtually every lot in the
subdivision fronts on either a canal or open water. The sub-
division is designed for Mobile Homes and 90+ percent of the
available lots have homes on them.
The applicant's property is located on the western side of the
subdivision. The adjoining lot to the east of the project site
has a Mobile Home on it and fronts on a canal with a seawall
and boat slip on the shoreline. The end of Eagle Drive also
forms part of the eastern boundary of the project site. A
vacant lot lies along the north side of the project site. One
of the main trunk canals in the subdivision runs along the
southwest side of the project site. Sexton Cove, which is a
branch of Blackwater Sound, lies to the west of the applicant's
property. The waters of Sexton Cove and the adjoining canal
..
'J
,\, E:LCAREK, RALPH
i:; ': 40714925
'ol' "roe County - Key Largo
),je Three
are designated as Class III waters (Chapter 17-3.081 and
17-3.161, Florida Administrative Code).
Part of the Sexton Cove Estates subdivision was created without
the benefit of authorization from the united States Army Corps
of Engineers. The litigation which resulted was resolved re-
cently by the acceptance of a resto~ation plan for the subdivi-
sion. The Department authorized the restoration on March 4,
1983, (see attached authorization for restoration). Part of
the resto~ation work required that the entrance to the canal,
which runs by the project site, be widened to 75 feet. In
order to do the required work, part of the two lots which now
make up the project site, had to be removed.
The applicant's property consists of two adjoining Mobile Home
lots. When inspected, the lots were vacant. Substrate on the
lots consists of crushed limestone fill at an elevation of
3t ft. above MHW. Vegetation on the land consists of pioneer
grasses and scrubs with much of the site showing signs of scari-
fication from the recent restoration work.
. .
At the southeast corner of the project site, a ~O ft. length of
the canal front shoreline is armored by a small boulder revet-
ment. At the toe of the revetment is a narrow shelf. Beyond
the shelf the canal side crops off vertically to the canal
floor. A fairly rich flora composed of Acetabularia sp.,
Batophora sp., Caulerpa sp., Halimeda sp., Penicillus sp. and
filimentous bluegreen algae is found on the shallow shelf. A
large number of false cerith snails (Batillaria minima) are
found on the shoreline in this area.
On the southwest side of the project site, a 130+ ft. length
of shoreline clearly shows the effects of the recent restoration
work. In this area, an escarpment drops from the elevation of
the lot, down to a 3 to 4 ft. deep shelf. The shelf varies in
width from 5 to 35+ feet. In the restored area, the shoreline
was left as bare fIll, with no shoreline armor. As a result
of the recent restoration work, very little biota was observed
on this stretch of shoreline.
The western corner of the project site faces toward Sexton Cove.
The shoreline in this area is protected by a large boulder
revetment. Just offshore from the revetment, there is an area
of shallow bay bottom vegetated by a rich mixture of benthic
algae and seagrass.
t
.
t.
.
..
,
.
111 ELCAREK , RALPH
#440714925
11onroe County - Key Largo
Page Four
Water quality within the Sexton Cove canal system has been
observed to be of very low quality as would be expected in a
very deep deadend system. On occasions, this office has been
requested to investigate complaints about pollution in the
canals.
D. Construction related activities can be expected to cause
temporarily elevated levels of turbidity, dissolved organic
compounds and particulate organic substances. Proper use of
turbidity control techniques should be able to reduce these
1 impacts to acceptable levels. Unfortunately~ the applicant
has not indicated any plans to utilize turbidity controls
during construction. It is expected that the waters near the
project site will be degraded below State water quality
standards by the construction activities.
Construction 0; the proposed revetment will cover over approx-
imately 650 ft of intertidal wetlands. Since the wetlands
in question have been heavily impacted recently, the new impact
will do little additional damage. The new boulders will offer
a good site for the reestablishment of fauna. ~ .
The proposed shoreline dock will cause the flora which eventually
becomes established under it to be shade tolerant. The present
lack of flora in the area will prevent the dock from heavily
impacting any existing flora.
The proposed boat slip will have the effect of enlarging the
Sexton Cove Estates canal system. As noted earlier, the canal
system suffers from poor water quality caused by a poor design.
The canal system acts to entrain the waters of Sexton Cove and
as a source of polluted water. With the canal system being
enlarged" more water will be entrained from Sexton Cove with
every incoming tide and degraded by the canals. With every out-
going tide more substandard water will leave the canals and
degrade the waters of Sexton Cove. Additionally, the boat slip
will tend to entrap floating debris.
'\
..
.,
~IELCAREK, RALPH
ir440714925
Monroe County - Key Largo
FdCje Pive
c. Under the provisions of Chapters 253.123 and 403.087, Florida
Statutes and Chapters 17-3.051(1) (a,b,c), 17-3.061(2) (b,e,g,j,
k,r), 17-3.121(7.l1,13,17,19,2B} 17-4.03, 17-4.28 and 17-4.29,
Florida Administrative Code, I recorrunend this application be
denied Departmental permitting authorization. The project
would receive a favorable review, if it were modified to sub-
stitute an extention to the proposed shoreline dock for the
boat slip. The shoreline dock would provide the applicant
with excellent boat mooring facilities, without enlarging a
source of pollution.
DAVID BISHOF, ENV. SPEC.
READ:
DATE:
DEB/dvo
Attachment
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