Loading...
Resolution 192-1985 RESlQ)CU~:IQ)N NQ). 192 -1985 WHEREAS!, the BQ)ARD Q)F tQ)UN~g tQ)ffiffi:ISlSl:IQ)NERSl Q)F mQ)NRQ)E tQ)UN~g, FCQ)R:IDA, has receivea an application from tEC:IQ) mUNQ)l ana WHEREAS!, in compliance with Sltate Sltatute, it is necessary as part of the permitting proceaure to reaa the following Biological Assessment into the Recora as follows: The applicant would like to provide boat mooring facilities at his canal front residential lot. The goal will be accomplished by cutting a boat slip into the applicant's shoreline. The boat slip will be trapizoidal in shape with a width of 12 ft. and a length on the short side of248 ft. and a length on the long side of 52 ft. for a total area of 600 ft. The long axis of the slip will be oriented parallel to the canal shoreline. Depths in the boat slip are proposed to grade from 4.5 ft. mean sea level (MSL) at3 the landward edge of 5 ft. MSL at the waterward edge. Approximately 170 yd of material will be excavated in order to create the boat slip. Almost all of the excavation will occur landward of mean high water (MEW). A backhoe will be used to excavate the proposed boat slip. Spoil from the dredging will be spread on the applicant's lot. 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. Until approximately two years ago, the subdivision consisted of two pairs of canals which run due east and west. The canals connect to the Atlantic Ocean to the east and Rock Harbor to the west. Approximately two years ago, a third pair of canals were dug parallel to and to the south of the older pairs. Permit No. 44-34296 was issued on April 23, 1982, authorizing the new pair of canals. The permit also authorized construction of a box culvert which connects the ends of the northern pair of canals. It is on the eastern canal of the northern pair that the proposed boat slip will be built. The northern pair of canals do not connect directly to the ocean or Rock Harbor, but rather connect at either end to the middle of the three canal pairs to the south. The middle canal, in turn, provides direct access to Rock Harbor and the Atlantic Ocean. The Atlantic Ocean end of the canal system is provided with an access channel, however, the Rock Harbor end terminates in very shallow water (exposed at low tide), such that all boat traffic has to go in and out through the ocean access channel. The central canals are connected by a small bridge at their landward ends, which allows small boats to pass. Both the Atlantic Ocean and Rock Harbor, where in Key Largo Ocean Shores subdivision's canals connect to them, are within John Pennekamp Coral Reef State Park. The waters of the park are designated as Class III, Outstanding Florida Waters (Chapters 17-3.041, 17-3.081 and 17-3.161, Florida Administrative Code). The section of the Key Largo Ocean Shores subdivision, in which the applicant's lot is located is developed with single family residences. Over half of the nearby available lots have been built on. A canal front residence is located on the lot which borders the northwest side of the applicant's property. Boating facilities for this residence are provided by a large square shaped boat slip which has been cut into the lot. A two-story house occupies the lot which borders the southeast side of the applicant's pro- perty. Boating facilities are provided for this residence in the form of a shoreline dock with a pair of davits. Ocean View Drive borders the north- east side of the applicant's property and provides overland access to it. The applicant's property consists of a vacant residential lot. The substrate on the lot consists of approximately 1.5 ft. of crushed limestone fill over bedrock. The elevation of the bedrock which is just a few inches above MEW, apparently represents the elevation of the lot prior to being filled over 20 years ago. Resolution Celio Munoz Page Two Along the canal shoreline, the fill on the applicant's lot slopes down steeply forming a low bank. At the base of the fill, exposed bedrock forms the side of the canal. The bedrock is very jagged and is cut on a near vertical slope. Until very recently, the applicant's property was covered by trees. The trees consisted primarily of a mixture of buttonwood (Conocarpus erectus) and Florida holly (Schinus terebinthifolius). Along the canal edge, a white mangrove tree (Laguncularia racemosa) was found. Since the trees have been removed, the shoreline area is dominated by mixture of the wetland plants, sea daisy (Borrichia frutescens), sea lavender (Limonium carolinianum), beach carpet (Philoxerus vernicularis), and seaside heliotrope (Heliotropium curassavicum). The exposed rock on the canal wall is covered by a biota which includes red algae, Halimedia sp. and paper oysters (Isognomon sp.). When the culvert, which connects the northern pair of canals together, was installed, it improved water circulation in the canals to the point that a very noticable current if found in them when the tide is running. Activities associated with excavation of the proposed boat slip will result in elevated levels of turbidity in the waters adjacent to the project site. Proper use of turbidity curtains should be able to control this impact adequately. The proposed boat slip will form a shoreline discontinuity, Which will tend to result in relatively stagnant waters within the slip. The orientation of the slip parallel to the canal shoreline and the strong currents in the canal will at least partially offset the tendency toward stagnant water in the slip. It is not expected that water circulation in the slip will be inadequate for maintaining satisfactory water quality. BE It RE$~C~ED BY tHE B~ARD ~F t~UNtY t~mmI$$I~NER$ ~F m~NR~E t~UNtY, FC~RIDA, that the above Biological Assessment has been rean in the recorn ann fullyconsineren pursuant to Florina $tatute 253.124 by the Boarn of tounty tommissioners of manme taunty, Florina, this 2nd nay of -JI.( J J 19 'i.5" at a regularly schenulen meeting. B~ARD ~F t~UNtY t~mmI$$I~NER$ ~F m~NR~E t~UNtY, FC~RIDA . .. ~ By ..\.Ut,.)~~... ~.~ ~ mayor ($EAC) DANNY 1.. KOLHAGE Clerk Attest: . ._,-~ - -~ ,J- ~ ~ ,.:}~~ML tlerk of tircuit tourt / , cucien t. Pm y tounty Attorney ,. MONROE COUNTY @ PL oiG, BUILDING & ZONING DEPARTMENT PERMIT [CATION FOR EXCAVATION, THE DEPOSIT OF FILL, OR STRUCTURAL ACTIVITIES IN THE WATERS OR WETLANDS OF MONROE COUNTY. 1) Property owners name & mailing address 6L::' ft1 ~"d l c-, ? f< .Il -.::. ,,"- i;i 7 - ..;) r"' 2) Date 3) Phone number J- J ~ 4) Contractor or agent's name, mailing address, phone & certification number, Uf--~ ~~ ..)~~ (!jk~('/1. ? (I \~-?.:: r- J B A j{,==,. :t'ri./}~.J () ~, t~~ I ";)-~ J"',} L/s-/- ~J)r 51 Legal deSCription of property: "3 ~~- Section, '? -3 Township, <; I Range, ~f (if acreage) Key, SetA 5" Subdivision, ,I L C:Jcpa-.. ~',/'u. S Lot, "2, 'Z- Block, '3 Street, road or mile marker, a.;J2'J -h, I Hi"' t0n~ '/A.Jlu) ~ Zoning, 6) Describe the proposed activity, methods of construction & amount of material (in cubic yards) to be excavated or discharged. Describe purpose & intended use of project. 4uvv-~-t-~ fc.., f,~'""'Lt-<- B6fr...~ ~() . c.y. waterward of M.H.W. ;~c landward of M.H.W. c.y. filled/deoosited c.y. c,y. waterward landward of M,H.W. of M,H.W, volume of material dredg-ed!excavated 7) Name, address & zip code of adjoining property owners whos~ property .~9'ronts water way. ~-L.d<Jt7'u I...,); ~-1 .-?-t-t <A.4.-4- r;...<:(~?,'0 ,i. '~- (0ci/4.At v~ J:;v>, Po. ~t~ 'Ii) - L ~l ) " other permits issued and/or applied for, include ap b) If application has been submitted for this project (or one similar) in the past, explain reason for new application and give applicant's name if different from current applicant, '- 9) List all Federal and State agencies that have received applications for this project. --- This completed application form will be accompanied by the following, or it will NOT be processed. a) Two (2) sets of drawings, on 81/2 x 11 paper, showing location, plot plan, top view and cross section of proposal, drawn to scale. b) Application processing fee as follows: $75.00 for dredge. fill, docks OR any structures affronting natural water bodies. $30.00 for vertical seawalls on man-made bodies of water. $75.00 for any combination of the above activities per site. Application is hereby made for a permit to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and to the best of my knowledge & belief such information is true, complete & accurate. I further certify that I possess the authority to undertake the proposed activities. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any county, state or federal law regulating construction or performance of construction of this type of facility. Ai -7':' ({, J., j~ ; ~ / ',-:, L' Fee & receipt r." L S' " f, , ) L-' .'; For Department Use Only! (. ~ -, r ' ----., "1 - ,0 1: :;( ,- I I \~, h, -j, L, ..1, , ,/' -' ) I - I.) ....J Person accepting application & Date Cost of permit Approved by Ass't Director d'~ "2-000 ~. Estimated cost of construction MEMORANDUM DATE: TO: FROM: SUBJECT: LEGAL: ZONING: June 6, 1985 K. Lewin, Acting Director, Planning and Zoning Robert Smith, Biologist RS,- Munoz, Boat Basin Lot 22, Block 3, Key Largo Ocean Shores, Key Largo RU-l I. INTRODUCTION: This application to excavate a boat slip should be reviewed by the Board of County Commissioners pursuant to Section 19-1ll(b) (4) of the Monroe County Code. II. SITE AND PROJECT DESCRIPTION: The applicant desires to excavate 150 cubic yards of material in order to construct a boat basin on his property. This excavation will effectly extend navigable waters and as such, pursuant to Section 19-1ll(b) (4) of the Monroe County Code, necessitates review by the Board of County Commissioners. The site in question was inspected on 4-20-85 and resulted in the following: The lot is bordered on the east by a roadway, the north and south by residences, and the west by a subdivisional canal. The lot does not fall within the Shoreline Protection Zone (SPZ) as defined by Section 4-18 of the Monroe County Code. Upon inspection, it was discovered that the lot had already been cleared of vegetation without benefit of permit as required by Section 18-18 of the Monroe County Code. The remains of the stumps were examined and were found to be buttonwood and jamaica dogwood. Subtidal vegetation present consisted of Halidule, Batis and Salicornia. The applicant proposes to excavate a boatslip to a depth of 4 feet with the dimensions of 50 x 12 feet. This canal exhibits a good tidal flushing action because of the large tidal head present in the nearshore vicinity. III. EVALUATION: The anticipated impact of excavating a boatslip should be relatively minimal in the subject case. The reason for this is the presence of a large tidal flux in the vicinity. It is anticipated that a temporary raise in the level of turbidity should occur during the time of excavation. This could be controlled by the proper use of turbidity screens. A raise in the levels of petrochemicals should also ensue due to the use of motorboats. It is not expected to be excessive in the subject case. DATE: June 6, 1985 SUBJECT: Munoz, Boat Basin PAGE: Two IV. RECOMMENDATION: The Biologist recommends: Approval. Conditions: 1) Turbidity screens by employed during construction. 2) A reverse swa1e berm be constructed to limit the amount of runoff into the canal. 3) An After-The-Fact land clearing permit be applied for. V. OTHER: The applicant has applied for and received permits from the Army Corps of Engineers and the Florida Department of Environmental Regulation. RS/vcm Enclosures: application D. E. R. permit A. C. o. E. permit plans ~-;-Clc~-1k.u----J2~~""--r mmm ! i I I I ! ~ -~ / l,,~ <- Iv:, 'I sJ 2.-z. KE'I l^~ ~o ":l )-1 ~ R c'S :I 8L,(' 3 CD ~ '~ ~ ~ A-;J.~.I'.d/~ I.... (;> .,-r:> .2. ~ Ci) '-, - </s ~ ,1----, . - -------\ \ \ , ~ '.)" I '" .- ---l! -r 14' I"..} ~? k-A J ATI..ANt,(.. -=-r- > . t)CE;:.fV ,~OO -t' I ~2. ?t', VA-'l.i!C f'1~N Mltt;-= 0'41.1 A-1....___., p-/~ ?ft"'i"'!I...~D ~~'<'~'Y-'/'_///.// r -' / ~ . - / ,.-'/ -/-/',' , V...." /,./// .-," / - ~,o V //. /.' ~ ---- $'-~ 'Co ~ ~ ~ f .1: 157- I~ 1'", ~ 11' 412.,4 Dc +- "5 or -' - tj.'3 -}~ ri I I " ""'JT'~~4U ON -S 1:, A-A,- c.......f'>(.:~~ , --- i-4r C 4.. /. ,,;; v ;..1 ,-r:-~. j"'"", 1'4""515 I?,! r. r:';"A-f "':J.Jp D"i ~'''' IV) -:. J... /-1 D j . l::Je 0 ,.; It, '( 0 kJ ,~ ~ ~ "5 ".... CJ "":Jf/i..-L[,)6^f {"'JIU"1..':~ ''0<,opo''.>r C::. P.I<:.( :.:-q./^, c,- IN (".4/YIY~I">\i.. ~ 'P1I7'" C..~N.4_ .:,- ;/.,,;"/ /-." </ '/ , ,"'-, /..2-) ("14'... ;"":!(.,l"~ !.-' _-...,,.,) : 't~)..v ~ ,-( <"r fr[ 0"'1::0;: Af-p .(,-<A 1''>'Y C:;',.,' / J. I~-: (J 1/:' ON , I j/<-:tf /~' ,~( ( ~(; DEPARTMENT OF ENVIRONMENTAL REGULATION PEroUT APPLICATION APPRAISAL ~i :":.'" . File :0.: 441009365 County: Monroe Date: 5-6-85 Applicant ~ame: Celio Munoz Address: 984 S.W. 47th St., Miami, Florida 33165 Agent (if applicable) John P. Wilson Address: PO Box l8A. Key Larqo, FL 33037 Location of project: Section(s) 33 Township 6lS Range 39E Section(s) Township .{ange Local Reference: Key Largo Water Body: Atlantic Ocean Water Classification of Project Ar€a: III Adjacent Waters: III Aquatic Preserve: None Outstanding Florida Waters: John Pennekamp Coral Reef State Park On site inspection by: David Bishof Date of Inspection: 4-16-85 Original Application: Yes~ No Revised Application: Yes No X Date: 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 17-4.28, 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 impact as well as immediate impact for all aspects of the project. E. Suggestions, where appropriate, for modifications that may reduce or minimize the potential impact of project. l' E R,"1 1 6 - 1 0 ( Re v . 6/7 9 ) -' MUNOZ, CELIO #441009365 Monroe County - Key Largo Page Two A. The applicant would like to provide boat mooring facilities at-his canal front residential lot. The goal will be accomplished by cutting a boat slip into the applicant's shoreline. The boat slip will be trapizoidal in shape with a width of 12 ft. and a length on the short side of 48ft. and a len~th on the long side of 52 ft. for a total area of 600 ft. The long axis of the slip will be oriented parallel to the canal shoreline. Depths in the boat slip are proposed to grade from 4.5 ft. mean sea level (MSL) at the landward edge to 5 ft. MSL at the waterward edge. Approximately 170 yd3 of material will be excavated in order to create the boat slip. Almost all of the excavation will occur landward of mean high water (MHW). A backhoe will be used to excavate the proposed boat slip. Spoil from the dredging will be spread on the applicant's lot. Turbidity curtains will be utilized to maintain water quality while the project is under con~truction. B. The project site is located in the Rock Harbor area of Key Largo in the Key Largo Ocean Shores subdivision. Until approximately two years ago, the subdivision consisted of two pairs of canals which run due east and west. The canals connect to the Atlantic Ocean to the east and Rock Harbor to the west. Approximately two years ago, a third pair of canals were dug parallel to and to the south of the older pairs. Permit No. 44-34296 was issued on April 23, 1982, authorizing the new pair of canals. The permit also authorized construction of a box culvert which connects the ends of the northern pair of canals. It is on the eastern canal of the northern pair that the proposed boat slip will be built. The northern pair of canals do not connect directly to the ocean or Rock Harbor, but rather connect at either end to the middle of the three canal pairs to the south. The middle canal, in turn, provides direct access to Rock Harbor and the Atlantic Ocean. The Atlantic Ocean end of the LJnal system is provided with an access channel, howeve~, the Rock Harbor end terminates in very shallow water (exposed at low tide), such that all boat traffic has to go in and out through the ocean access channel. The central canals are connected by a small bridge at their landward ends, which allows small boats to pass. Both the Atlantic Ocean and Rock Harbor, where the Key Largo Ocean Shores subdivision's canals connect to them, are within John Pennekamp Coral Reef State Park. The waters of the park are designated as Class III, Outstanding Florida Waters (Chapters 17-3.041, 17-3.081 and 17-3.161, Florida Administrative Codel . MUNOZ, CELIO #4--11009365 Monroe County - Key Largo puge Three The section of the Key Largo Ocean Shores subdivision, in which the applicant's lot is located, is developed w~th single family residences. Over half of the nearby available lots have been built on. A canal front residence is located on the lot which borders the northwest side of the applicant's property. Boating facilities for this residence are provided by a large square shaped boat slip which has been cut into the lot. A two-story house occupies the lot which Dorders the southeast side of the applicant's property. Boating facilities are provided for this residence in the form of a shoreline dock with a pair of davits. Ocean View Drive borders the northeast side of the applicant's property and provides overland access to it. C. The applicant's property consists of a vacant residential lot. The substrate on the lot consists of approximately 1.5 ft. of crushed limestone fill over bedrock. The" elevation of the bedrock which is just a few inches. above MHW, apparently represents 'the elevation of the lot pr~or to being filled over 20 years ago. Along the canal shoreline, the fill on the applicant's lot slopes down steeply forming a low bank. At the base of the fill, exposed bedrock forms the side of the canal. The bedrock is very jagged and is cut on a near vertical slope. Until very recently, the applicant's property was covered by trees. The trees consisted primarily of a mixture of buttonwood (Conocarpus erectus) and Florida holly (Schinus terebinthifolius). Along the canal edge, a white mangrove tree (Laguncularia racemosa) -was found. Since the trees have been removed, the shoreline area is dominated by a mixture of the wetland plants, sea daisy (Borrichia frutescens), sea lavender (Limonium caroli'nianum), beach carpet (Philoxerus vernicularis), and seaside heliotrope (He liotropium curassavl.cum) . The exposed rock on the canal wall is covered by a biota which includes red algae, Halimedia sp. and paper oysters (Isognomon sp.) . When the culvert, which connects the northern pair of canals together, was installed, it improved water circulation in the canals to the point that a very noticable current is found in them when the tide is running. HUNOZ, CELIO #441009365 Honroe County - Key Largo Page Four D. Activities associated with excavation of the proposed boat slip will result in elevated levels of turbidity in the waters adjacent to the project site. Proper use of turbidity curtains should be able to control this impact adequately. The proposed boat slip will form a shoreline discontinuity, which will tend to result in relatively stagnant waters within the slip. The orientation of the slip parallel to the canal shoreline and the strong currents in the canal will at least partially offset the tendency toward stagnant water in the slip. It is not expected that water circula- tion in the slip will be inadequate for maintaining satisfactory water quality. .. _"'# _-0 (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 OK~V~~; ~R~~,~9E 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 v/ 2. Resolution(CELIO MUNOZ) V'" 3. Application for Permit(BOAT BASIN) v 4. Site Plan ~ 5. Location Map L-- 6. DER Assessment L--" Date t,- / J-!f5 BY~ O..aa4--'