HomeMy WebLinkAboutResolution 104-1984
,
RE~~CUtl~N N~. 104-1984
WHEREA~, ~he B~ARD ~F C~UNty C~mml~~I~NER~ ~F m~NR~E C~UNty, FC~RIDA,
has receiven an applica~ion from Davia ~herman ann
lUHEREAS, in compliance wi~h ~~a~e ~~a~u~e, i~ is necessarM as par~ of
~he permi~~ing proceaure o~ rean ~he following Biological Assessmen~ in~o ~he
Recora, as follows:
The applicant wishes to provide improved navigational access to his residential
property. Better navigational access will be achieved by dredging a channel
near the southern side of an existing shallow canal. The channel will be 581f
ft. long by 30f ft. wide by 3f ft. mean low water (MLW) deep. An estimated
750f cu. yds. (the applicant's estimate of 600 cu. yds. appears to be low) will
be dredged from a 20,000f sq. ft. (0.46 A) area of canal floor. Between the
southern edge of the canal and the proposed channel a 10 ft. wide by 0.5 ft. MLW
deep shelf will be created. An estimated 320 cu. yds. of fill will be placed
in a 5800 sq. ft. (0.13 A) area in order to build the shelf. The canal floor
between the north side of the proposed channel and an adjacent mangrove forest
will be uniformly sloped from 3 ft. MLW deep along the channel to mean high water
(MEW) at the edge of the mangroves. In total 4200f cu. yds. of fill will be
placed in 53,600f sq. ft. (1.23 A) of canal floor in order to regrade the area
between the channel and the mangrove forest.
As can be seen from the above description, the present version of the project
calls for a net 3770f cu. yds. backfilling of the canal. The plans, apparently
as a hold-over from earlier proposals, call for spoiling in uplands adjacent to
the south side of the canal.
A dragline will be used to perform the dredging and turbidity curtains will be
used to maintain water quality. The fill obtained from the dredging will be
utilized for regrading the area to the north of the channel. No description of
where the additional 3770f cu. yds. of fill that will be needed will corne from,
or how it will be placed along the north side of the canal (up to 200 ft. from
land) is given.
The project site is located on the northern end of Key Largo in the Ocean Reef
Club development. Ocean Reef Club is a large (2,000f acre) multipurpose sub-
division which contains stores, marinas, hotels, country clubs, an airport, as
well as single and multi-family residences. An extensive system of canals is a
part of the development. The Atlantic Ocean within John Pennekamp Coral Reef
State Park forms the Ocean Reef Club's eastern boundary and Biscayne National
Monument forms the northern boundary and Biscayne Bay/Card Sound State Aquatic
Preserve forms the western boundary. Waters within these three areas are desig-
nated as Class III Outstanding Florida Waters (Chapter 17-3.041, 17-3.081,
Florida Administrative Code).
The project site proper is located within the Harbor Course Section Four of the
Ocean Reef Club Plat. A 9000f ft. long dead-end canal is located partially with-
in this area of the subdivision and ends at the project site.
An extensive area of mangrove forest wetlands borders the project site to the
east and north. A large lake-like section of the canal system lies to the west
and parts of three residential lots lie to the south.
The canal system which includes the project site was created in steps. The most
recent step was a 6500f ft. extension of the canal to the present dimensions
(permit No. 44-39-0369 issued 6-25-75). Much of the canal, including the section
within the project site, was excavated in emergent (mangrove) and transitional
wetlands. During the construction work, a series of unauthorized deviations from
the permitted design, resulted in the initiation of an enforcement action on the
part of the Department. The enforcement c~se was settled by a Consent Order.
The Consent Order contained provisions which pertained directly to the project site.
Specifically the area of proposed canal dredge was requried to be shoaled to a depth
of 2.5 ft. MLW and an area of wetlands, which had been filled, was restored to wet
lands.
Resolution Nu. ~ 34
Page 2
The project site includes the waterward edge of the applicant's residential property,
Lot 30, and two adjacent residential lots, 29 and 28. Also included in the project
site is a SOOt ft. long finger canal which connects into the previously described
9000t ft. main canal system.
The canal, as previously stated, is bounded on its north side by a large virgin
mangrove forest and its east end by a restored mangrove wetland. On the southern
side a 20 to 40 ft. wide strip of filled land borders the canal. On the landward
edge of the fill is a narrow transitional wetland zone vegetated by buttonwoo~ trees
(Concarpus erecta) and sea daisy (Borrichia sp.), The transitional wetland qU1:kly
grades into tropical hardwood hammock. Substrate within the hammock area cons1sts
of exposed Key Largo Limestone with soil filled depressions. .At the east end of
the canal an area of previously restored emergent wetlands wh1ch encompasses the
entire Lot 30, shoreline if found. The restored wetlands and virgin wetlands
occupy the waterward two-thirds of the applicant's property.
The wetlands on Lot 30 are composed principally of red mangrove (Rhizophora mangle),
black mangrove (Avicennia germinans) and white mangrove (Laguncularia racemosa) trees
with an underbrush of batis (Batis maritama). A zone of transitional wetlands com-
posed of buttonwood trees and sea daisy separates the mangrove area from an upland
hammock area which covers the remainder of the lot. Substrate in the natural wet-
land area consists of exposed caprock. In the restored wetland area the substrate
consists of a thin layer of crushed limestone overlying caprock.
The canal was cut into Key Largo Limestone such that its sides are exposed rock;
as previously described, the floor of the canal has been back filled to a depth of
2 to 3 ft. with crushed rock fill. As a result of the backfilling the floor is
highly irregular.
The littoral zone on the side of the canal that will have the channel dredged, is
vegetated with numerous, but small red and black mangrove seedlings in a very
narrow (1 to 2 ft. wide) area. The sides and floor of the canal exhibit a flora
composed of Caulerpa sertularioides, Caulerpa mexicana, DIva sp., Enteromorpha sp.,
Halimeda sp., Penicillus sp. and unidentified red algae.--rn general, the flora is
thickest near the surface and thins out to a sparse covering of Caulerpa spp. on
the canal floor. The fauna within the canal like the flora is thickest near the
surface and composed of numerous false ceriths (Barillaria minima), paper oysters
(Isognomon sp.), Jewel boxes (Chama sp.), barnacles, blue crabs (Callinectes sapidus),
and sea anemones.
The water in the canal was observed to be stratified with a variable thickness clear
layer at the surface and a highly colored brown-yellow layer of water at the bottom.
The layer of clear water was thickest at the landward end of the canal and virtually
disappeared at the waterward end. As a result of the highly discolored water during
the inspection, it was impossible to see the bottom of the canal for much of its
length without diving to within 6 to 12 inches of it.
Measurements of the dissolved oxygen levels in the project area and the adjoining
canal system, as well as several representative natural areas were taken during the
field inspection. The results of this investigation indicated the project site as
well as the canal system it is a part of exhibits water quality below state standards.
The natural condition in adjacent waters easily meets state standards. In general,
the canal network represents a very poorly designed system. Which apparently has
cause a degradation in the areas water quality.
The proposed construction activities will cause increased levels of turbidity, dis-
solved and particulate organic substances in the waters at, and around the project
site. Proper use of silt screens should be able to control the problem within accep-
table levels.
The proposed use of the channel for boating access may result in damage to the adja-
cent canal floor due to accidental groundings and associated scarification as boats
try to maneuver in the narrow channel. Increased levels of oil, greases, detergents
and heavy metals can also be expected in the project area from increased boating use.
Apparently as a result of the high rate of light absorption by the discolored canal
water, as well as poor water quality the vegetation in the canal floor is noticeably
thinner in deeper areas. Deepening the canal further could easily permanently reduce
the quantity of benthic macrophyte on the canal floor in the channel area. Shoaling
some areas within the canal should result in an increase in the quantity of vegetation
in the shoaled areas.
Resolution No. 1984
. Page 3
The project will benefit the applicant and the owners of the two lots (28 and 29)
which the channel will pass by. The benefit will be in the form of allowing for
navigation by somewhat deeper draft boats in the canal than are able to use it at
present. It should be noted that the size of boats which can maneuver in a 30 ft.
wide, 3 ft. deep channel, is not all that much larger than can maneuver in an 80 ft.
wide 2.5 ft. deep channel.
Under the provisions of Chapters 253 and 403, Florida Statutes and Chapters 17-3
and 17-4, Florida Administrative Code, I recommend Departmental permitting approval
be granted to this application with the following conditions:
1. Within 90 days of the project's completion, the applicant shall have the site
surveyed for depth and submit a copy of the survey to the Department's Marathon
office for approval.
2. Only clean, pollution free fill shall be used for backfilling the canal.
It is additionally suggested that the proposed shelf on the south side of the canal
be constructed at a depth of mean sea level and planted with red mangroves.
BE It RE$~C~ED BM tHE B~ARD ~f C~UNtM C~rnmI$$I~NER$ ~f m~NR~E C~UNtM, fC~RIDA,
that the above Biological Assessment has been reao into the recoro ano ou1y consioereo
pursuant to f1orioa $tatute 253.124 by the Boaro of County Commissioners of ffionroe
County, f1orioa, this 6 th oay of
scheuuleo:meehing.
April
,19 8 4
at a regularly
B~ARD ~f t~UNtM t~rnmI$$I~NER$ ~f
m~NR~E t~u ,fC~RIDA
<::,
By
($ea1)
Attest: PMNX L. KOLHAGE, PlerK
~\~1'~. PuJ-w ,0.(,.
.
Cuclen C. Pro y
county Attorney
~Yv~D' k~~~~E
{30S1 294-4641
BOARD OF COUNTY COMMISSIONERS
Wilhelmina Harvey, District 1
Ed Swift, District 2
MA YOR Jerry Hernandez, District 3
Alison Fahrer, District 4
Mayor Pro tem Ken Sorensen, District 5
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:
2.
Resolution
(David Sherman)
/'
/'
/
7
~
/
/
By vrn . uJtLP.I ~
1.
County Biologist Report
3.
Permit
4.
Application for Permit - Dredge/Fill
5.
Site Plan
6.
Location Map
7.
DER Asses~ment
Date .S -;21-~1
./
lDEPARTMENTALCORRESPONDENCE)
TO Jeff Doyle, Director
FROM Annette F. Nielsen~ronmental
B10loglst
SUBJECT David Sherman: Dredge/Fill Application
DEP'T
Building, Planning & Zoning
DEP'T
Planning & Zoning
DATE March 14, 1984
Legal: Lots 28, 29 & 30, Block 3, Harbor c'ourse, Baker Road Waterway,
Ocean Reef.
Zoning: RU-l
Introduction:
This application to dredge 600 c.y. and place 450 c.y. of clean sand fill
in an existing waterway should be reviewed and acted upon by the Board of
County Commissioners, pursuant to Section 19-111 (a) (5) and Section 19-111
(b) (4), M.C.C.
Site and Project Description:
Applicant proposes to dredge 581 linear feet of an existing waterway to
-3.0' depth and place 450 c.y. of clean sand fill to create a gradual
slope from the canal bottom to the mangrove wetlands on the northeast side
of the canal. Purpose of the work is to provide riparian access and pro-
mote marine colonization on the sloped canal side.
The subject waterway abutts lots 28, 29 and 30. Water depths near shore
are -2.O'to -2.5' M.L.W. A shelf area 2-4' wide exists at the Southeast
shoreline and is sparsly colonized by red mangrove seedlings and cal-
carious algae very typical of exposed cap rock strata. Wetland vegetation
above M.H.W. is primarily saltwort and sea oxeye daisy on caprock.
The 10' shelf area is to be excavated from uplands and replanted with red
mangroves. The northeast shoreline is red mangrove wetlands and is not
to be disturbed by the dredging or filling activities. (per ACOE permit,
copyattachedp.
Both ACOE/FDER permits have been issued for this project.
Evaluation:
The proposed project would appear to be consistent with Sections 19-111
and Chapter 4 of Monroe County Code.
Recommendation:
Conditional approval.
--Upland spoil area to be staked and diked prior to commencement of work.
--Biologist to field check spoil site 48 hours before commencing work and
verify that placement will not adversely affect upland or wetland vege-
tation.
--Turbidity curtains to be deployed and maintained during all construction
activity.
TOPS. FOAM 3397
LITHO IN U.S.A.
David Sherman: Dredge/Fill Application
Page 2
Attachments: County Application
FDER Biological
ACOE permit
FDER permit & plans
I sheet
6 sheets
4 sheets
5 sheets
PERMIT
MONROE
COUNTY
PLANNING, BUILDING & ZONING DEPARTMENT
PERMIT FOR EXCAVATION, THE DEPOSIT OF
FILL, OR STRUCTURAL ACTIVITIES IN THE
WATERS OR WETLANDS OF MONROE COUNTY
PERMIT
1\10.
1) Property owners name & mailing address
Mr. David L. Sherman
4900 IDS Center
Minneapolis, MN 55407
2) Date
2/16/84
FOR DEPARTMENT USE ONLY
Resolution No.
3) Phone number
c/o Contracto Date:
451-3119
4) Contractor or agent's name, mailing address & phone number
Upper Keys Marina Contractor
P.O. Box l8A
Key Largo,
5) Legal description of property:
Section
Key
Largo
Subdivision Harbor course Sect. 4
Township
Lot
28-29-30
Block 3
Range
Street, road or mile marker Bakers Road, Ocean Reef Club
Volume of material:
dredged/excavated filled/deposited
450
c.y.
waterward
ofM.H.W.
c.y.
landward
ofM.H.W.
600 c.y.
waterward
ofM.H.W.
c.y.
landward
ofM.H.W.
ZONING:
PURPOSE:
Cost of Permit
Estimated cost of Construction
Biologist Comments - Restrictions or Special Conditions if any:
Upland spoil area to be staked and diked prior to commencement of work.
Biologist to field check spoil site 48 hours before commencing work and verify that
placement will not adversely affect upland or wetland vegetation.
Turbidity curtains to be deployed and maintained during all construction activity.
CONDITIONAL APPROVAL
Jeffrey M. Doyle, Ph.D., Director of
Planning, Building and Zoning
. - ' ;
:-......~ .c"
MONROE
COUNTY
PLANNING, BUILDING & ZONING DEPARTMENT PERMIT APPLICATION FOR
EXCAVATION, THE DEPOSIT OF FILL, OR STRUCTURAL ACTIVITIES IN THE
WATERS OR WETLANDS OF MONROE COUNTY.
l).proper~wners name & mailing address . I2) Date
"Yn1 ' V<'(.1,M'd!.. L J~
::~:~ ~L-Z:lr: ~71T~s-~~~__ _,//;,/p.-/
4) Contr~'ctor or(agent'syame, mailing ac!.dress, !?Qone & certifica60n humber.
~1 t~1 )-1-Uvw..c C lr~.4f'J
Y6. f!r.K 18/t ~ h
3) Phone number
.Js-, - 3//1
]I" ~ tA---c.fd-1
(if acreage)
Key, _~ Subdivision.-l - 2 (~1
Lot, ~<? - ~9.. ~Block, ~
Street, road or mile marker, ~~ S
COUC1A.. ~
5) Legal description of property:
Section,
Township,
~L "U.
:kLT 1
Range,
Zoning,
rEj
~(,b
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.
rnt~~~ D/),.t cf j '--
~',~
(!A.A c..{
volume of
material
~ dred2'ed/~ea. dCt:J
t!}r:> n c.y. c.y.
waterward landward
of M.H.W. of M.H.W.
1" fHk6/deDosited
~-C c.y.
waterward landward
of M.H.W. of M.H.W.
c.y.
7) Name, address & zip code of adjoining property owners whose property affronts water way.
~ ~~ '5~ l <D <:...L4.M.. ~ C!k.. b
(9&"- ~ ~ J ~tU56 D
8 a) List other permits issued and/or applied for, include applicant'~e, for thIS sIte:
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 applicatioQs for this project.
~oE De:I( .Jl.L ~
This completed application form will be accompanied by the
following, or it will NOT be processed.
a) Two (2) sets of drawings, on 8Y2 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 ordfnances governing this type of work will be complied with whether specified herein or not.
The granting of a permit ooes 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 thi type of facility.
For DeDartment Use Onlyl
~J(}.~J9S4Y!J-
Fee & receipt
~
Person accepting application & Date
~Approved by A,ss't Director
'f/J ,..t-
1t),006
..
Estimated cost of construction
Cost of permit
,
:u ,
..
.
. ENTAL REGUw\TION
PERMIT APPLICATION APPRAISAL
File No.: 44-5l246-5E
County:
Monroe
Da te: 8 - 4 - 82
Applicant Name:
David L. Sherman
Address: 4900 IDS Center, Minneapolis, MN 55402
Agent (if applicable):
William J. Roberts
Address: 217 S. Adams St., Tallahassee, FL 32302
Location of project: Section(s)
13
Township 59S
Range
40E
Section(s)
Township
Range
Local Reference: Key Largo, Ocean ReC'f Club
Water Body:
Atlantic Ocean
Water Classification of Project Area:
III
Adjacent Waters:
I I I
Aquatic Preserve:
Biscayne Bay - Card Sound
Outstanding Florida Waters: John Pennekamp Coral Reef State Park/ B~scaYTlc
. Nat10nal Monument
On site inspection by: David Bishof
3-2-82
Date of Inspection: \-A-~7 Original Application: Yes__ No~
Revised Application: Yes~No
7-16-8J)ate of '2nd Insp. 7-9-82
Date:
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 imoact as well as immediate impact
for all aspects of the project~
E. Suggestions, where appropriate, for modifications that may redu~e
or minimize the potential impact of project.
PERM l6-10(Rev.6/79)
,..-~ .
..t
-
-
---....-..-
SHERt'vfAN, DA V I D L.
#44-51246-SE
Monroe County - Key Largo
Page Two
A. The applicant wishes to provide improved navigational access to
his residential property. Detter navigational access will be
achieved by dredging a channel near. the southern side of an
existing shallow canal. The channel will be 581+ ft. long by
30+ ft. wide by 3+ ft. mean low water (MLW) deep7 An estimated
7SIT+ cu. yds. (th~ applicant's estimate of 600 cu. yds. appc3rs
to De low) will be dredged from a 20,000+ sq. ft. (0.46 A) area
of canal floor. Between the southern edie of the canal and the
proposed channel a 10 ft. wide by 0.5 ft. MLW deep shelf will
Be created. An estimated 320 cu. yds. of fill will be placed
in a 5800 sq. ft. (0.13 A). area in order to build the shelf.
The canal floor between the north side of the proposed channel
and an adjacent mangrove forest will be uniformly sloped [rom
3 ft. MLW deep along the channel to mean high water (MHW) at
the edge of the mangroves. In total 4200+ cu. yds. of fill will
be placed in 53,600+ sq. ft. (1.23 A) of canal floor in order
to regrade the area-hetween the channel and the mangrove forest.
As can be seen [rom the above description, the present version of
the project calls for a net 3770+ cu. yds. backfilling of the'
canal. The plans, apparently as-a hold-over from earlier pro-
posals, call [or spoiling in uplands adjacent to the south side
of the canal.
A dragline will be used to perform the dredgirig"and turbidity
curtains will be used to maintain water quality.- The fill
obtained from the dredging will be utilized for regrading the area
to the north of the channe 1. No description of where the addi t i ona I
3770+ cu. yds. of fill that will be needed will come-fr~m, or how
it wIll be placed along the north side of the canal (up to 200 ft.
from land) is given. -
B . Th e pro j e c t s j t e . i s 1 0 cat e don t h t.~ nor the r n end 0 f Key La r g 0 i n tile
Ocean Reef Club development. Ocean Reef Club is a large (2,000+
a c r e ) 1II U 1 tip u r p 0 s e sub d i vis ion \~ hie h con t a ins s tor e s, mar in as, -
hotels, country cluhs, an airport, as well as single and multi-
family residences. An extensive system of canals is a part of the
development. The Atlantic Ocean within John Pennekamp Coral Reef
State Park forms the Ocean Reef Club's eastern boundary and Biscayne
National Monument forms the northern boundary and Biscayne Bay/Cart!
Sound State Aquatic Preserve forms the western boundary. Waters
within these three areas are designated as Class III Outstanding
Florida Waters (Chapter 17-3.041, 17-3.081. Florida Administrative
CotIe) .
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,
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A.,
1 - ,-.
"""""'~ _._ _ L
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. SHERMAN, DAVID L.
1f44-S1246-SE
Monroe County - Key Largo
Page Three
The project site proper is located \"Jithin the Harbor Course
Section Four of the <k.C.lll neef Cluh Plat. ,\ 9000+ ft. long
dead-end canal is located partially within this area of the
subdivision and ends <It the project site.
An extensive
project site
of the canal
d.ent ia1 lots
area of mangrove forest
to the east and north.
system lies to the west
lie to the south.
wetlands borders the
A large lake-like section
and parts of three resi-
The canal system which Lncludes the project site was createJ in
5 teps . The mos t rccC'n t step was a 6500+ f t. ex tens ion 0 f the
canal to the present dimensions (permit-No. 44-39-0369 issucll
6-25-75). Much of the canal, including the section within the
project site, was excavated in emergent (mangrove) and transi-
tional wetlands. During the construction work, a series of
unauthorized deviations from the permitted design, resulted in
the initiation of an enforcement action on the part of the
Department. The enforcement case was settled by a Consent Order.
.. .
The Consent Order contained provisions which pertained directly
to the project site. Specifically the area of proposed canal
dredge was required to be shoaled to a depth of 2.5 ft. MLW ~nJ
an area of wetlands, which had been filled, \'la.s .restored to \~et-
lands. .
c. The project site includes the waterward edge of the applicant's
residential property, Lot 30, and t\~O adj acent residential lots,
29 and 28. Also included in the project site is a 500+.".ft. long
finger canal which connects into ~he previously_descriSed 9000~
ft. main canal system.
The canal, as previollsly statcJ, is bounded on its north side by
a large virgin mangrove forest and its east end by a restored
mangrove wetland. 011 the southern side a 20 to 40 ft. \-..ride strip
of filled land borders the canal. On the landward edge of the fil I
is a narrow transitiorlal wetland zone vegetateJ by buttonwood
t r e e 5 ( Con car pus ere eta) and sea d a i 5 Y ( B 0 r r i. chi asp. ), The t r ~l n -
sitional wetland ~l.ly graues into tropical hardwood hammock.
Substrate within the hammock area consists of exposed Key Largo
Limestone with soil filled depressions. At the east enu of the
canal an area of previously restored emergent wetlands which en-
compasses thc entire Lot 30, shoreline is found. The restored
wetlands and virgin wetlands occupy the waterward two-thirds of
the applicant's property.
I
,
--.._----~--_.._------_. -~- - --
:i{'.{~t~~~~i~1;:
.:~ ''-:~ 'lr~11,
>4I<>>..~.M*tJll"~""'.'I'ft;II.,~"",~ ':'.~il;:'iJj}'
,;',1I*~~1' ~. ~ :.-r ...,.,',
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---.
SHERMAN, DAVID L.
#44-S1246-SE
Monroe County - Key Largo
Page Four
Thc wetlands on Lot 30 arc composed principally of red mangrove
(Rhizophora mangle), black mangrove (Avicennia germinans) and wllite
mangrove (Laguncularia racemosa) treeSWlth an underbrush of batis
(Batis marTtama). A zone of transitional wetlands composed of
buttonwood trees and sea daisy separates the mangrove area from an
upland hammock area which covers the remainder of the lot. Sub-
strate in the natural ~retland area consists of exposed caprock.
In the restored wetland area the substrate consists of a thin layer
or crushed limestone overlying caprock.
The canal was cut into Key Largo Limestone such that its sides ar~
exposed rock; as previously described, the floor of the canal has
been back filled to a depth of 2 to 3 ft. with crushed rock fill.
As a result of the backfilling the floor is highly irregular.
The littoral zone on the side of the canal that will have the
channel dredged, is vegetated with numerous, bllt small red and black
mangrove seedlings in a very narrow (1 to 2 ft. wide) area. The
sides and floor C!)f the canal exhibi t a flora composed of Caul'erpa
$crtular ioitles, Caulerpa mexicana, Ulva S1'., Enteromorpha S1'., .---
HalImeda sp., PenLcillllS sp. and unidentified red algae. In general,
the flora is thickest near the surface and thins out to a sparse
covering of Caulerpa spp. on the canal floor. The fauna within the
canal like the flora js thickest near the surfac~ and composed of
numerous false .ceriths (Barillaria minima), paper oysters (Isognomoll
sp.), Jewel boxes (Cham3 sp.), barnacles, blue crabs (CaJlinectcs
sapidus), and sea anemones.
The w ate rill the can a 1 \v:.1 sob s e r v c d to be s t rat i fie d wit h a v a ria h 1 ('
thickness clear layer ;tt the surface and a highly colored hrown-
yell ow 1 aye r 0 f wa t era t t he bot t om . The I aye r 0 f c I ear w ate r Iv a s
thickest at the landward end of the canal and virtually disappeared
at the watcrward end. As a result of the highly discolored water
during the inspection, it \~as impossible to see the bottom of tiF'
canal for much of its length \-Jithout diving to within 6 to 12 inf:hl's
of it.
Measurements of the di~;;,olved oxygen levels in the project areJ and
the adjoining canal system, as I-Jcll as sever;)1 representative n;tt.ULt I
areas, wcre taken during the field inspection. The results of this
investigation jndicated the Pl'oject site as well as the canal s~stem
it is a part of exhibits water quality below state standards. The
n:1tllr~' rnnrlirinn ill ~Itli:lr-pnt I":ltf>r~ (>asilv lllC'ets state ~~tand:lrd~;.
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SHERMAN, DAVID L.
H44-5l236-5E
Monroe County - Key Largo
Page Five
D. The proposed construction activities will cause increased levels of
turbidity, dissolved and particulate organic substances in the waters
at, and around the project site. Proper use of silt screens
should be able to control the problem within acceptable levels.
The proposed use of the channel for boating access may result ill
damage to the adjacent canal floor due to accidental groundings
and associated scarification as boats try to maneuver in the
narrow channel. Increased levels of oil, greases, detergents and
heavy metals can also be exp~cted in the project area from in-
creased boating use.
Apparently as a result of the high rate of light absorption by the
discolored canal water, as well as poor water quality the vegetation
in the canal floor is noticeably thinner in deeper areas. Deepen-
ing the canal further could easily permanently reduce the quantity
of benthic macrophyte on the canal floor in the channel area.
Shoaling some areas within the canal should result in an increase III
the quantity of vegetation in the shoaled areas.
.
The project will benefit the applicant and the owners of the two
lots (28 and 29) which the channel will pass by. The benefit will
be in the form of allowing for navigation by somewhat deeper draft
boats in the canal than are able to use it at, present. It should
be noted that the size of boats which can maneuver in a 30 ft. wide,
3 ft. deep channel, is not all that much larger ,than can maneuver in
an 80 ft. wide 2.5 ft. deep channel.
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SHERMAN, DAVID L.
#44-51236-5E
Monroe County - Key Largo
Page Six
E. Under the provisions of Chapters 253 and 403, Florida Statutes
and Chapters 17-3 and 17-4, Florida Administrative Code, 1
recommend Departmental permitting approval be granted to this
application with the following conditions:
1. Within 90 days of the project's completion, the applicant
shall have the site surveyed for depth and submit a copy of
the survey to the Department's Marathon office for approval.
'2. Only clean, pollution free fill shall be used for backfilling
the canal.
It is additionally suggested that the proposed shelf on the south
side of the canal be constructed at a depth of mean sea level and
planted with red mangroves.
DATE:
SPl:C.
Read:
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r ~drnc ul Applicant
, Q?J -0098
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E HeclIye Date
SHERMAN. DAVID L.
25 MAR 1983'
MAR 2 5 1986
EJlPlldtlon Dalt: lit dppllcablel
DEPARTMENT OF THE ARMY
PERMIT
Aele,rong to "'''Ilen 'eQUell ~ted 19 January 1982 fo,. pe,mlt to.
IX J Pe"o,m wo,k ,,, 0' affecting nalllgable wale,s of the Un'ted Slales.4JpOn Ihe ,ecommendation of Ih. Ch,.f of Engineers. Pursuant
to S4H:IIOn 10 of Ihe Allie's and Harbo" ACI of March J. 1899 133 U.S.C. 403),
IXl O'~Chd'<W (,lredged or ',11 maleroal 'nlO wate,s of the UnIted States upon the ,ssuance of a permit from thlt Sec,etary of Ihe Army
a<:lln'J ,h'0"'9" Ihe Chief 01 Englnee,s pu'Suanl to Section 40401 Ihe Fede,al Waler Pollullon Conlrol Act 186 SIal. 816. P.L. 92.500';
I , Tr..nSlJorr 'J',,<J!I"'tJ "~Ie"al 10' Ihe purpose of dump,ng It .nlO ocean waters upon the Issuance of a permil from Ihe Secrelary of Ihe
Armv dctlng IIIro",gh 'II" ChillI 01 Engineers pursuant 10 Section 103 of rhe Mlmne Protection. Aesearch and Sanctuaries Act of 1972
186 SUt. 1052. P.L. 9~.5J2J.
Davi d L. Shennan
4900 I.D.S. Center
Minneapolis, MN55402
I. hrr"b, Juth"r"rlol by Ihr s.:.ro:tar) of 11'10: Army:
lu
excavate approximately 600 cubic yards and place approximately 465 cubic
yards of fill to obtain a uniform slope and depth along northern canal edge and
excavate a 10-foot-wide shelf
in
canal system continuous with the Atlantic Ocean
~t
Ocean Reef Club. Section 13. Township 59 South., Range 40 East. North Key
largo. Monroe County, Florida
'" Jc'..r.....II~~ "'''II Ih." 1'1;0'" .".<.1 Jnw'n~. ~llach~<1 ho:reto which ~re incorpural~d in ;&11<1 ma<1o: a p....l of Ihis permil (on 1"'.....inl.. Cillo:'
fit.. numbo:r ", olher Jclinil~ .1oI,,'"ihcMliun marks.)
three sheets labeled 82J-0098, dated 11 November 1982
.ub,"~l lu lh~ I..U.....1n1l ~on<1illons:
I. Gene,al Conditions:
a. Thai all KIIII'lIeS .denllf'ed and autho,ized herein shall be ConS!Slent wilh Ihe terms and conditions of Ih,s permit; and that any
aCI,vlI,es nOt sl)<<,f,cally ldelll,hed and authorized hereIn shall connllule a violallon of the terms and conditions of this permit which
ma" ,esull In the modification. Suspension or revocation of IhlS perm.t, in whole or in pa,l. as set forth more specifically In General
CondHlons I 0' k IIetelO. and .n the ,nSltlullon of such legal proceedings as the Un,ted Slales Governmenl may consider approPriate.
""he'''er 0' nOI 11115 pe,m't has been prf'lIlously modIfied. Suspended or revoked In whole or In parI.
ENG
FOAM
I JUl. 77
1721
EOITION OF 1 APA 74 IS OBSOl.ETE.
IER 1146.2.3031
1
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U. Th3t "II a<;tl~lt,,!S authorllt!d ht!rt!ln shall. of they tn~ol~e. dUrin') the" constructIon or operatIon. ,,"y dl>dlar'l" 01 ~ollul""t' 11110
...,alI!IS 0' the Ulloted States or oct!an watt!rs. be al all t,mes ccnslslent ..."Ih applicable waler qualIty st3ndarus. efllut!!ll IlmllatlonS and
".nda,,1) 01 lJt!rlormilnce. prohlb'tloros. prt!treJtmt!nl slandards and management practIces eSldbl.sht!d pursuant 10 the Ft!deral Watt!r
POllutIOn Conlfol Act 01 1972 (PL. 9;2-500. 86 Stat. 8'6\. the Marine Protection. Re:;earch and Sanctuaries Act of 1972 IPL. 92.532.
86Stdl 1052). or pursuant to appllcablt< Stale and local law.
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c. That VIIht!n the actl~I\I; au thoro zed hereIn 1"~Olvl!S I discharge during its construction or operation. 01 any pollulant (,ncludIng
dredg<!d or tall nlate"al). .nto . "Jlt!rs of the UnIted Slales. Ihe authorIzed activIty shall. " applicable water qualolY standards are It!vlsed
or mod",ed dUrIng the lerm 01 Ihls permIt. be modifoed. II necessary, to conform WIth such reVIsed or moddled water qualolY standards
wllh.n 6 monlhs at the dfectlve date 01 any reVISion or modIfication 01 water qualIty standards. or as directed by an ,mplemental on
plan conu,ned ,n such reVIsed or mod,Ioed stdndards. or WIthin such longer period 01 time as the DIstrict Englnl!er. .n consultation WIth
the RegIonal Admin,stratOr 01 the Em",onmental ProtectIon Agency. may determtne to be reasonable under the ctrcumSlances.
d. That Ihe dIscharge \/\/111 not destroy a threatened or endangered species as .dentlfied under the Endangered Species Act. or
endanger the c"llcal hab.tat of such species.
e. That Ihe pl!rmlttee agrees to make every reasonable elfort to prosecute the construction or operation of the work authorozed
here.n In a manner so a\ to mInImIze any adverse .mpacI on Iosh. WIldlife. and natural environmental values.
I. Thai the perm.llee agrees that he Will prosecute Ihe cOnslructlon or work authOrized herein in a manner so as to minimize any
~9radatlon of water quality.
g. That the permIttee shall permit the District Engineer or his authorized representative Is I or designee(sl to make periodiC
"'spectlons at any t,me deemed necessary '" order 10 assure Ihat the actlvily being perf or meet under authoroty of thIS permit .s In
accuro.nce \/\I.th the terms and conditions prescflbed here.n.
h. Tha' the permittee shall ma,"laln the structure or work aUlhorized hereon in good condition and In accordance with the plans and
drawlngl allached hereto.
.. Tn.t thIS permit does not convey any property rights. either in reatestate or materlll, or Iny exclUSive privilelJlls; and that il does
not authoflze any In,ury 10 property or invas.on 01 rIghts or any ,"fringement of Federal, State. or local laws or rll9ulations nor does ,t
obViate the requIrement 10 oblaln State or local assent reqUIred by law for the.actlvlty authoflud herein.
i. Thlt ,hiS permit may be summarily suspended, in whole or In part. upon a lindlng by the. District Engineer Ihat immediate
suwenslon 01 the lC\lvllY authorized herein would be in the general publiC interest, Such suspension shall be effective upon receipt by
the permittee 01 a wnnen notice thereol which shill indicate III the extent of the suspension, (2) the reasons lor this action, and
131 any corrective or preventative measures to be taken by the permittee which are deemed necessary by the District Engineer to "bate
imminent hazards to the general publIC Interest. The permlnee shall take Immediate action to comply with the proviSIons of this nOllce.
Within ten days lollowlng receipt of thiS notice 01 suspension, the permittee may' request a hearing in order to pre~nt informatIon
relevanl to I deCISIon as 10 whether hIS permit should be re,nStated, modified or revoked. If a huring is requested. it 5hall be'conducted
pursuent to prQC1!dures prescrtbed by the Chief 01 Engineers. Alter completion 01 the heaflng, or within a reasonable lime alter Issuance
of the suspension no lice to the permIttee If no heaflng IS requesled, Ihe permIt will eIther be re,nstale'd. modified or revoked.
k. That thiS permit may be either modi lied. suspended or revoked In whole or in part if thl! Secretary of the Army or hIS aUlhorized
rept'esentative determines that there has been a violation of any of the terms or conditions of this permit or that such action would
otherWise be In the publiC interest. Any such modification. sUspenSion, or revocation shall become effective 30 days alter receipt by the
permittee of wnnen notice of such action which shall speclly the lacts or conduct warranting same unless (11 within the JO-day period
the permlltee IS able to satisfactoflly demonstrate that (althe alleged violation of the terms and the conditions of this permit dId not, in
fact. occur or (blthe alleged Violation was accidental, and the permittee has been operating in compliance w.th the terms and condItions
01 the permIt and is able to prov.de satlslactory assurances Ihllt future operati.ons shall be In lull compliance with the terms and
condItiOns 01 thiS permit; or (21 with," the aloresald JO.day peflod. the permittee requests that a publIC hearing be held to present oral
and wronen evidence concerning the proposed modllicatlon. suspension or revocation. The conduct of this hearing and the procedures
for making I Ilnal decIsion either to modlly. suspend or revoke thiS permit in whole or In Plrt shall be pursuant to procedures prescflbed
by the Ch.el of Engineers.
I. That In iSSUIng thiS permit, the Government has relied on the ,"Iormltion and dau which the perminee has prOVided In connection
wtth hiS permit appliCation. If, subsequent to the Issuance 01 thIS permit, such information and dati prove 10 be lalse. Incomplete or
inaccurate. thIS permit mlY M modified, suspended or revoked. In whole or in part, andlor the Government may, in additIon. Institute
IPpropflate legal proceedtngs.
m. Thlt any modllication, suspenSion. or revocation of this permIt shall not be the basis for Iny claim lor damages a'Jolnst thl!
Unt ted SUtes.
n. That the permittee shill notify the District Engineer It whit time the activity authorized herein will be commenced, 3S lar In
advlnce 01 the time of commenclment as the District Engineer may specify, and of .ny suspension of work, if for I perood of more than
one week. resumption of work and its completion.
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u. ThaI It "'- g".vlty au[hOrl",_ .lere.n IS nOI started o'n 0' bero,e d.y 01 _. 19 __.
lone yea, from Ihe llate of ,ssuance of thIS perml. unleu othe,wlse specll'edl and IS nOI compleled on or befo,,,
dil\, 01 .19 . (Ihree years "om Ihe dale 0' Issuance of Ih,s permo I unless Olh",wlse specolu!dl tn,s ~elmll. "
;'01 P'''",ouSly 'evoked or sp"col,cally eXlenlled. Shall automallCally expore.
p. ThaI Ih.s permIt does nOI aulh6roze .or approve Ihe conSlruCllon 01 pa,llcullr st,uctu,es. the aUlhorlzatlon 0' approval 01 ....,h'cr-
may 'eQulIl! authOrization by thtl Congress or other .gencl!!S 01 the Federal Gove,nmenl.
Q. ThaI " and when the pe,mlllee des ores 10 abandon the aCllvlty authorozed here.n, unless such abandonmenl IS Dart 01 a lrallsler
pro~"tJure by whIch Ihe perrn.llee IS Iranslerllng hos Inleresn heretn to I Ihord party pursulnl 10 Generll Condlllon I hereOf. he musl
r~SIOI" Ih" alea 10 a conditIon sal.sfactory 10 the D,stroct Engoneer.
r. Th.l " the recordong 01 lhls per mot is pOSSible under Ipploc.ble Slale Or local law. Ihe permittee shall lake such aCllon a5 may be
neCeHary 10 record Ihls permll wllh Ihe Register of Deeds or Olher apprOpre,lle off,CIal charged Wllh Ihe responSlb,I,ly fOr maonla.n.ng
r..cords 01 tllIe 10 and on leresIS 0" real property.
S. Thill there shall be no unreasOnable ,nlerfer,nce wOlh nlVlgllo.n by the "uSlence or use of the actlvoly authorezed hereIn.
I. ThaI Ih,s permot may nOI be lranslerred loa Ihord parly WlthOUI pro or written notIce 10 the D,strect EngIneer. eIther by Ihe
I'ansh"ee's wr.llen agreemenl 10 COmply wolh all lerms and cond'l'ons of Ih,s perm,l Or by Ihe Iransferee subscrob.ng 10 thIS permot .n
'h" svae" P'Ov.deu below and Ihereby agree.ng 10 Comply wilh all lerms and condlllons 01 Ih.s perm.t. In addItion, ,I Ihe permotlee
r'd"5h!l\ Ihe .nlereslS authorozed heleln by conveYlnce of reallY, Ihe deed shall reference Ihls perm'l and Iho! lerms and cond'l'Ons
S~'''ed h''''!ln and Ih,s Pllrm,l shill be recorded Ilong wllh Ihe deed WIth Ihe RegIster 0' Deeds or Olher appropllale offoc'al.
II. Spec... CondItIOns: (Here I.st condll'ons relallng speCl',Coilly to lhe proposed struClure or work author,led by Ih,s permltl:
a. The permittee insures no impact to the mangroves along the northern side
of the canal. either by direct placement of material or through construction
activities. .
b. The shallow shelf along the southern portion of the canal will be exca-
vated from eXisting uplands and replanted with red mangroves on 3-foot centers.
A post-construction survey will be completed and submitted to the
indicating depths within the project site.
c.
District Office. Jacksonville.
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lLF COURSE SOULEVARO
GOROA. FlORIOA 33950
BOB GRAHAM
GOVERNOR
JACOB O. V ARN
SECRETARY
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
SOUTH FLORIDA BRANCH OFFICE
September 16, 1982
David L. Sherman
c/o William J. Roberts
217 South Adams St.
Tallahassee, Fla. 32302
Re: Monroe County, File No. 440512465,
Dredging and Filling
Dear Mr. Sherman:
~nclosed is Pe=rnit Number
to dredae and fill
iss~ec pursuant to Section
440512465
, dated 9-16-82
253.123 & 403.097, Florida Statutes
Sho~ld you object to ~~is permit, inc~uding any and all of the con-
ditions contained therein, you may file an appropriate petition for
administrative hearina. This oetition must be filed within fourteen
(14) cavs of the receiot of this letter. Further, the oetition must
confo~-to the requirements of Section 28-5.20~, ~iorld~ A~~inist=ativE
Code, (see reverse side of this letter>. '!'he petition must be filec.
wi~~ the Office of General Counsel, Depar~~ent of Environmental
,. 'T'<'''' O~_' B "d' 2600 Bl' St ~,.:;
Regu_at~on, .w~n .owers ~=~ce u~_ ~ng, a~r one ~oa~,
~all~~assee, Florida 32301.
If no petition is filed wi~~in the prescribed t;~e, you will ~e c.ee~ec
to have accepted ~~is pe~~t and waived your right to request ar.
a~uinis~=ative hearing en this natter.
Ac:eptance of the permit constitutes notice and agreement ~~at ~~e
Department will periodically review this permit for com?li~~ce,
including site ins?ec~ions where applicable, ~~d may initiate
enforc~~ent action for violation of ~~e concitions and =equire~e~~s
~~ereof .
.PRE/R~t1C/ck
Enclosure
(j~tw
Ph~P R. Edward~
~. trict Hana
~~
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'I
B08 GRAHAM
GOVERNOR
JACOB D. VARN
SECRETARY
<I
. "ft.. ;:':)C:ouA,a BOULEVARD
"' (;tIICO" 'LDRIOA 3:3950
.""
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
SOUTH FLORIDA BRANCH OFFICE
:ANT:
David L. Sherman
c/o William J. Roberts
217 South Adams St.
Tallahassee, Fla. 32302
PERMIT/CERTlFICATION
NO. 440512465
COUNTY: Monroe
PROJECT: Dredging & Fillin<:
lermit is issued und.r the provisions of ChaQter 253 f, 4 n 1 , Florida Statutes, and Chapter
J & 17- 4 . Florida Administrati~e Codl. The above named IQplicant, h.reinafter c211.d Permittee. is hereby authorized to
", the work or operate the facilitY shown on the aQproved dnwing(sl, plans. documents, and specifications attached hereto and
a part hereof and specifically described as follows:
!xcavate approximately 600 cubic yards waterward of MHW to a maximum depth
-3' MLW from a 581' long X 30' bottom width area of canail and to fill a
wide shelf to a depth of -0.5' MLW along the upland side of the canal;
to deposit sufficient fill to create a uniform slope from the bottom
the 30' cut to the edge of the existing mangroves along the waterward
e of the canal) in a:,man made canal (Class III Waters) within Ocean Reef
~ in Section 13, TownShip 59 South, Range 40 East, Monroe County.
"AGI 1 OF 3.
~
...",
r NO.:
:ANT:
440512465
David L. Sherman
IFIC CONDITIONS:
Turbidity screens shall be utilized and properly maintained during all
_ted activities.
Any necessary additional backfill shall be clean sand.
Within 90 days of project completion, the permittee shall have the
surveyed for compliance with permit specifications and submit a copy of
survey to the DER Marathon office for approval.
The proposed project shall comply with applicable State Water Quality
(dards, namely;
1.051 - Minimum Cirteria for All Waters at All Times and All Places.
1.061 - Surface Waters: General Criteria
1.121 - Criteria: Class III Waters - Recreation, Pro~agation and
Management of Fish and Wildlife, surface waters.
.iruicn Oat':
September 15, 1984
I...", lh;.$4 d'V~ .19 "'.e-
STATE OF FlCRIDA
OEPA~NT OF E. NVtRONMENTAL REGULA7IC;..j
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