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Resolution 232-1984 RE$Q)CUtIQ)N NQ). 232 -1984 WHEREA$, the BQ)ARD Q)F CQ)UNty CQ)mffiI$$IQ)NER$ Q)F ffiQ)NRQ)E CQ)UNty, FCQ)RIDA, has receiven an applicatian from tQ)ffi BRE$$Q)N/$. ~Q)RAN $tAtKI~ ann, WKEREA$, in campliance with $tate $tatute, it is necessary as part af the permitting pracenure ta rean the fallawing Bialagical Assessment inta the Recarn as fallaws: Applicant proposes the excavation of a "flo-thru" boat basin for private use, entailing the excavation of 1,433 cu. yds. of upland and transitional type areas. This flo-thru boat basin will include the basin itself (25' - 50' wide, 75' long, to a depth of -5 feet MSL, with an estimated excavation volume of 555 cu. yds.), the circulation trench (7' wide, 150' long, -1 to -5 feet deep MSL, with an estimated excavation volume of 277 cu. yds.) and an extension of the access channel waterward of the MEW line, connecting to an existing deep-water channel, involving the excavation of 46 cu. yds. to a depth of -5 feet MSL. All excavating will be by dragline and ditching machine. Spoil will be placed and spread via bulldozer on the owner's upland property. The area of proposed development lies on the northern-most tip of a small land projection just inside of Stirrup Key and Russell Key. All of these areas, with the exception of Russell Key have been extensively developed. The area along Key Colony Drive to the south is divided into two types of habitat. One of these area borders Stirrup Key Bight and is undeveloped mangrove wetlands. The other area borders Florida Bay and is developed for single family housing. The aquatic community surrounding the proposed area of development on three side is a shallow-water flats-type community, with depths of 1 to 5 feet. The area of immediate impact encompasses three areas; submergent grass flats, disturbed transition area and disturbed uplands. The submergent grass flats actually contained only scattered patches of sea grasses; Thalassia testudinum and Halodule wrightii. Sediments were shallow here with a hard substrate, partially attributable to the growth of numerous Halimeda. Brown algae grew abundantly here, along with many rock-dwelling species such as chitons, cerinths, anemones and starfish. The transition zone affected has been cut off from all water flow by the placement of a restraining lime-rock/cement seawall. This zone of transition is slowly succeeding into an uplands-type habitat because of its separation from the water. This was evidenced by the numerous invading Schinus trees. Also observed were Conocarpus erecta, Borrichia sp, and Suaeda linearis. This area had a limerock substrate. The upland portion of the proposed project has been drastically disturbed by the dumping of concrete bridge rubble, cement and cement mixer wash. The area is, in some places, completely void of vegetation. The vegetation that is present is mostly disturbed (e.g. Casuarina and Schinus). The substrate here also appears to be limerock up to the fringe of the mangrove wetland, Short-term impact of this project will be the removal of established benthic substrate and its associated biota in the submerged area of excavation. Said removal will cause a decrease in productivity and an increase in turbidity until it is reestablished. Reestablishment should be rapid and turdibidy minimal because of the rocky calcareous substrate involved. Resolution Tom Gresson/S. Goran Stackig Page Two The long-term potential impact of this project will be in the form of sediment and debris entrapment, especially in the narrow circulation trench. Because of its east-west orientation, it is felt that the pre- vailing easterly winds will properly circulate the basin waters. In the same respect, there will be a very likely accumulation of flooding detritis near the mangrove end of the trench. Positive impact will be the creation of new marine habitat in the rock bottom and sides of the flo-thru basin system. BE I~ RE$~C~ED BM ~HE B~ARD ~f t~UN~M t~mmI$$I~NER$ ~f m~NR~E t~uN~M, fC~RIDA, that the above Biological Assessment has been rean into the recorn ann nuly consineren pursuant to florina $tatute 253.124 by the Boarn of tounty tnmmissioners of ffionroe tnunty, florina, this September nay of 7 t h , 19 84 at a regularly schenulen meeting. B~ARD ~f t~UN~M t~mmI$$I~NER$ ~f m~NR~E t~UN~M, fC~RIDA BY x::: ~ ,.....-4 " ~ ($EAC) Attest: DANNY L. KOLHAGE, Clerk /~Ji' ~.,:") ,. / , ./7 " . .'/:- /~,/~,; ~ ~~-o, ~" ~ h-~vn{~~ d/ LI tlerkfof tlrcuit tfturt . . I Cuclen t. Pro y tounty Attorney . O,~y~r; ~A~~3~~E 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 (305) 294,4641 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. v County Biologist Report 2. Resolution (Tom Bresson/S. Goran Stackig) ./ ./ 3. Permit 4. v Application for Permit (Excavation of a flo-thru Boat Basin) Site Plan 5. L/ V ,/ By ~. G~ 6. Location Map 7. DER Asses9ment Date 8- ~ -!?'1 1D'n;a(Cwrr~i(re~ lw"" { . ,,_ ,"t ._~I ..., , - I _~" i.~, 11 ," ,~, ... " .,- IYJ ~.~ ....... (' '. c' I ,'. , '"' ~ t '<:J .. V AUG 3 r984 .., COuNTY ATTY. M E M 0 RAN DUM DATE: July 31, 1984 SUBJECT: Dr. Jeffrey M. Doyle, Director Planning & Zoning Andy Hooten, Biologist ~~ Tom Bresson/S. Goran Stackig TO: FROM: LEGAL Section 31, Township 65 South, Range 33 East, Northern parcel of Key Colony Drive, Vaca Key, Marathon, Florida. Zoned RU-1. INTRODUCTION: History This application, for the dredging of a boat basin and circulation cut, was approved by the Monroe County Commission on August 26, 1980 based on a report by former County Biologist, John Carbon (see attached report). The application was made by S. Goran Stackig. A permit was issued for the activity (#B9580), however, the work was never begun. Permits from the U.S. Army Corps of Engineers, the Florida Department of Environmental Regulation (FDER) and the Florida Department of Natural Resources (FDNR) were also issued (see attached). On June 21, 1984 the permit issued to Mr. Stackig by FDER was transferred to Mr. Tom Bresson of Marathon, Florida. Mr. Bresson has requested a County permit for the original activity proposed by Mr. Stackig, however, because County permits are not transferrable, this application should be reviewed by the Monroe County Commission pursuant to Section 19-111 b (2) of the Monroe County Code. PROJECT AND SITE DESCRIPTION Mr. Bresson proposes the identical project that Mr. Stackig proposed in 1980, the excavation of an upland boat basin serviced by an access canal and a circulation cut. The activity would isolate a northern peninsula of land at the end of 109th Street in Marathon facing Stirrup Key Bight. In the recent past, this property was used as a location for discarding demolished bridge Dr. Jeffrey M. Doyle, Director Tom Bresson/S. Goran Stackig - Boat Basin July 31, 1984 Page Two Project and Site Description (continued) slabs, cement mixer wash and excess cement. As a result, much of the property has been made impervious. Such past activity has also resulted in the scarification of the property; therefore, upland vegetation consists predominately of exotic species such as australian pines and brazilian pepper. As can be seen in the attached application drawing, the proposal shows a canal connecting from an existing deep-water canal to an oval shaped basin in the center of the property. To the West, a circulation cut is proposed to create a "flow through" condition. Aside from exotic plant species, the only destruction of a biotic2 community would be the elimination of approximately 250 ft. of baybottom, consisting primarily of seagrass (Thallasia testudinum). This area was permitted for dredging from the Florida Department of Natural Resources (see attached cancelled check by the Stackig's). It was learned through a telephone conversation with the Florida Department of Natural Resources on July 16, 1984, that since the permit has not expired, it still is transferrable. EVALUATION This proposal is not contradictory to the considerations set for in Section 19-111 (b) (2) of the Code. The activity will result in the elimination of 250 ft. of productive bay bottom, however, the flow through system designed should promote good water quality and as a result create new subtidal habitat along the bottom and walls of the new created basin and canal. Of greater concern is the applicant's control of the dredged spoil placed on the upland. Because of past cement and cement mixer wash dumping, much of the property has created an impervious concrete slough for rainwater runoff. The applicant should create a swale in the steeply sloped areas of the property in order to prevent the spoil from washing into the adjacent waters. RECOMMENDATION Conditional Approval. 1. The applicants should keep the circulation cut and access canal plugged until all major excavation is accomplished. 2. Turbidity curtains should be utilized when subtidal excavation begins. 3. A reversed sloped swale should be established in the steep sloped areas of the property in order to prevent spoil washing into adjacent waters. PERMIT MONROE COUNTY OQ' , '.' .,:.... ' . ~ . ' PLANNING, BUILDING & ZONING DEPARTMENT PERMIT FOR EXCAVATION. THE DEPOSIT OF FILL. OR STRUCTURAL ACTIVITIES IN THE WATERS OR WETLANDS OF MONROE COUNTY PERMIT NO, 1) Property owners name & mailing address Tom Bresson Post Office Box 1419 Marathon, Florida 33050 2) Date 7-24-84 FOR DEPARTMENT USE ONLY Resolution No. 3) Phone number 743-6446 Date: 4) Contractor or agent's name, mailing address & phone number 5) Legal description of property: Section 31 Key Vaca Lot Gov. 4 Subdivision Township 65 S Block Range 33 E Street, road or mile marker End of 109th Gulf . Volume of material: dredged/excavated c.y. waterward of M.H.W. 1500 c.y. landward ofM.H.W. c.y. waterward ofM.H.W. filled/ deposi ted 1500 c.y. landward ofM.H.W. ZONING: RU-1 PURPOSE: Cost of Permit Estimated cost of Construction Biologist Comments. Restrictions or Special Conditions if any: COND I T I ON AL APPROVAL 1. The applicants should keep the circulation cut and access canal plugged until all major excavation is accomplished. 2. Turbidity curtains should be utilized whenmbtidal excavation begins. 3. A reversed sloped swale should be established in the steep sloped areas of the property in order to prevent spoil washing into adjacent waters. Dr. Jeffrey M. Doyle, Director Planning & Zoning 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. 3) Phone number 1) Property owners name & mailing add;~;;-----J 2) Date M~rI.c.. r~, ~ /3/l'C1SCt./ (;, ~ 1~/1 .? j;lfP'/ 4) Contractor or agent's name, mailing address, phone & certification number. 71,/:J - C VVc s: '- /2;;." ~ ~~ ~C~ I ,-/0 IJ: 51 Legal description of property: Section, ._ Township, Range, JI t,.} 3.3 u-r (if acreage) Ie (..1 I Key, t/~ Subdivision, -IJ<::'tt~ C Lot, -!l C:t.', 'I Block, f2e. IC-C '1 V Street, road or mile marker, ~ 4~ /07 ~ , GJ./ I 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. 8~ ~r.vJL~ ~~ ~ ~ ~-G:: ~ f,-~ volume of material dredl!ed/excavated c.y. /6 DC c.y. waterward landward of M.H.W. of M.H.W. filled! deoosi ted c.y, / ~ -r.,) c.y. waterward landward of M.H.W. of M.H.W. 7) Name, address & zip code of adjoining property owners whose property affronts water way. 8 a) List other permits issued and!or applied for, include applicant's name, for this site: bl 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. 1) 12 /7... .c. /9 A ~ (J C; "', r. This completed application form will be accompanied by the following, or it will NOT be processed. a) Two (2) sets of drawings, on 8'/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. ' ~~-~ S;gna ... - ~PPH:antlagent ~~r Date ~9~S,7~~~ Fee & receipt Approved by Ass't Director ~0 ~ . ~ Estimated cost of construction _ For Department Use Onlv! Person accepting application & Date Cost of permit \ ~ DEPARTMENT OF ENVIRONMENTAL REGULATION ~-~ <Ot~ I~+/--:'~~-'~ ~ (~r-'--c> ~Q') ~~ -~-~---- SOUTH FLORIDA BRANCH OFFICE 3201 GOLF COURSE BOULEVARD PUNTA GORDA. flORIDA 33950-9359 Tom Bresson P.O. Box 1419 Marathon, FL 33050 Dear Mr. Bresson: STATE OF FLORIDA BOB GRAHA~ GOVERNor VICTORIA J, TSCHINKE SECRETAR' Juno 21, 1984 Modification of Conditions Permit No. 44-31954-5E We are in receipt of your request for a modification of the permit conditions. The conditions are changed as follows: Condition Permit Transfer From To S. Goran Stackig Piedmont Farm Box 109-A, Rt. #1 Marshall, Virginia 22115 Tom Bresson P.O. Box 1419 Marathon, FL 33050 This letter must be attached to your permit and becomes a part of that permit. PRE/Rwcl vp cc: DER, Marathon U.S.A.C.O.E. Protecting Florida and Your Quality of Life .- . ) ) Transferred Permit to Tom Bresson I DEPARTHENT OF ENVIRONMENTAL REGUL.Z\TION PERMIT APPLICATION APPRAISAL County: Honroe Date: 7/25/80 File No.: 44-3l954-5E Applic~nt Name: S, Goran'Stickig Address: Piedmont Farmt Marshall, Virginia 22115 Agent (if applicable): Hr. Lynn H, Kephart Address: KeyCology, Inc. t 618 Hhitehead St.T Key Hest, FL 33040 Location of project: Section(s) 31 Township 65 Range 33 Section(s) Township Range Local Reference: Key Colony Drivet Marathon, Vaca Key. Water Body: Stirrup Key Bight/Florida Bay Water Classification of Project Area: III Adjacent waters: III Aquatic Preserve: No Outstanding Florida Waters: No On site inspection by: John Meyer/Richard Dumas Date of Inspection: 7/17/80 Original Application: Yes X No Revised Application: Yes No Date: Date of 2nd Insp. Biological and Water Quality Assessment A. f'escription of proposed project and construction techniques. Quantify area of project which extends into wateis of the state (including the submerged lands of those waters and the transi- tional zone of the submerged land) as defined in Section l7-4.02 and Section l7-4.28, Florida Administrative Code. ..... . . . B. Biophysical features of general area. Include comments concerning extent of development of adjoining properties as w~ll 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-ter~ 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. PER~ 16-l0(Rev.6/79) STICKIG, S. GORAN :ft44-3l954-5E Monroe County - Marathon Page Two A. Applicant proposes the excavation of a "flo-thru" boat basin for private use, entailing the excavation of 1,433 cu. yds, of upland and tra!'sitional-type areas, This flo-thru boat basin will include the basin itself (25' - 50' wide, 75' long, to a depth of -5 feet ~lSL, ~.Jith an estimated excavation volume of 555 cu, yds.), the access cha.nnel (15' vlide, 160' long, to a depth of -5 feet HSl, ~vith an estimated excavation volume of 555 cu. yds.), the circu- lation trench (7' wide, 150' long, -1 to -5 feet deep MSL, with an estimated excavation volume of 277 cu. yds,) and an extension of the access channel waten.Jard of the HHW line, connecting to an existing deep-water channel, involving the excavation of 46 cu. yds. to a depth of -5 feeL MSL, All excavating will be by dragline and ditching machine. Spoil will be placed and spread via bulldozer on the owner's upland property. B, The area of proposed development lies on the northern-most tip of a small land projeLtion just inside of Stirrup Key and Russell Key. All of these areas, with the exception of Russel~Key have been extensively developed. The area along Key Colony Drive to the south is divided into two types of habitat. One of these area borders Stirrup Key Bight and is undeveloped mangrove wetlands, The other area borders Florida Bay and is developed for single family housing. ' The aquatic community surrounding the proposed area of development on three sides is a shallow-water grass flats-type community, with depths of 1 to 5 feet. C. The area of immediate impact encompasses three areas; submergent grass flats, disturved transiti0n area and disturbed uplands. /1 The submergent grass flats actually contained only scattered patches of sea grasses~ Thalassia testudinum and Halodule wrightii.. Sediments were shallow here with a hard substrate, partially attributable to the growth of numerous Halimeda. Brown algae grew abundantly here, along with many rock-dwelling species such as chitons, cerinths, anemones and starfish. The transition zone affected has been cut off from all water flow by the placement of a restraining lime-rock/cement seawall. This zone of transition is slowly succeeding into an uplands-type habitat because of its separation from the water. This was evidenced by the numerous inv~di~g Schinus trees, ~lso ~bserve~ were Conocarr~s erecta, Borr1ch1a sp, and Suaeda llnear1S. Th1S area had a 1meroc}: substrate. STICKIG, S. GORAN f!44-3l954-5E Monroe County - Marathon Page Three The upland portion of the proposed project has been drastically disturbed by the dumping of concrete bridge rubble, cement and cement mixer wash. The area is, in some places, completely void of vegetation. The vegetation that is present is mostly disturbed (e.g. Casuarina and Schinus). The substrate here also appears to be limerock up to the fringe of the mangrove wetlands. D. Short-term impact of this project will be the removal of estab- lished benthic substrate and its associated biota in the submerged a~ea of excavation. Said removal will cause a decrease in produc- tivity and an increase in turbidity until it is reestablished. Reestablishment should be rapid and turbidity minimal because of the rocky, calcareous substrate involved. The long-term potential .;r'-"lc'- of this project ~.,ill be in the form of sediment and debris entrapment, especially ill the narrow circulation trench. Because of its east-west orientation, it is felt that the prevailing easterly winds will properly circulate the basin waters. In the same respect, there will be a very likely accumulation of flooding detritis near the mangrove end of the trench. Positive impact will be the creation of new marine habitat in the rocky bottom and sides of the flo-thru basin system, 4 STICKIG, S. GORAN i/44-31954-5E Monroe County - MaratLm Page Four E. Under the provisions of Chapter 403 F.S. and Chapters 17-3 and 17-4 F.A.C., recommend this project be approved as proposed. II Date: 1980 7"2'if~ ~() Read: JAl1/dvo 'S. Goran Stickig fl44-3l954-5E ,/" ..... .' : PHOTO #1 '........., .... View of impacted area where access channel is to extend into submerged waters. ..... -m ~.. PHOTO #2 , J, , " /--'/1'- '-c .r:' .~; ~" .,,,.\"'.... _.~ ,''', ''\. ~. 'J_la.l:...~t:._ . ~. View of disturbed uplands area where basin will be located. ... . 4It , . ~ S. Goran Stidd 4j44-31954-5E . '.' ."" ~. ~'f .Jtr\~ ~'f:"";f.;..:~. ..,J/'tJJ~ 1" ~'. \ ,~............--- " '! . " ',\ ..:,.. ,.~ , . ~ '\- . tiJII"f' ~ ~,,,.a ,\'. -:- ~. \..r---a. PHOTO #4 View of area where access channel will be excavated. PHOTO :l3 View of area \\"here circulCltiort trench will be excavatpd. / ,-- . ,,' ::~,. .. ,~ ,~~ ;..'. ';' , ~~'.J";; ,........ ~~ . . _ """ .'."_' .~..," r"~... ~'" ,.i.;~:. . .::........,-.. - :: '; ,-"',..- ......' 4 ~ _ . ... .,J ,'l' ,> _.~~""'" ~ , . w.~.. ~ -,. ~.. ..'" ,,J-....'. v