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Resolution 358-1984 RESOLUTION NO. 358 -1984 WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, has received an application from ALBERT FLETCHER, JR. WHEREAS, im compliance with State Statute, it is necessary as part of their permitting procedure to read the following Biological Assessment into the Record, as follows: The applicant proposes to increase tidal flushing to his waterfront property on Bogie Channel by excavating a total of 2660 cu. yds. of material water- ward of MHW from the following areas - two channels: 190' x 20' x -6' MLWand 60' x 30' -6' MLW; a basin: 100' x 30' x -6' MLWand 16' x 40' x -6' MLW; and another area: 100' x 61' x -3' MLW. Spoil will be deposited on self-contained uplands owned by the applicant. Furthermore, an additional 178 cu yds. of material will be excavated to -3' MLW from a 67' x 12' area in order to remove a previously filled spit. Finally, a 35 ft. long section of the aforementioned spit will be stabilized by riprap, requiring placement of 20 cu. yds. of rock (10 cu. yds. placed waterward of MHW) in a 4 to 6 ft. wide zone. A new 111 x 6' walkway will be installed between the mainland and the remaining fill spit. Construction methods to be utilized include placement of temporary fill across the existing breach for equipment access. Excavation will be con- ducted in areas adjacent to the pit prior to removal of the spit portion itself. Other portions of the excavation activities will be performed from the mainland. All spoil will be removed and deposited on owners adjacent property. Turbidity screens will be utilized to isolate dredge areas during construc- tion and the temporary fill is also proposed to impound subject areas while dredging. The project site is located near the southeastern terminus of Big Pine Key bordering Bogie Channel and Spanish Harbor (Class III waters). These waterbodies are within the confines of the National Key Deer Refuge (Outstanding Florida Waters). Depths within the channel generally range between -7' and -10' (MLW). Grassbed meadows are found along the shallower peripheral regions of the channel. Subject region of Big Pine Key fronts on Pine Key Bight, a semi-enclosed feature formed by the Doctor's Arm land extension to the north. At the project site, uplands are developed for private residential usage. The parcel consists of previously filled wetlands, with a dead-end canal and contiguous basin located immediately to the north. Unaltered mangrove forested wetlands are found to the south of subject property. The shoreline is characterized by several man-made structures and channels, including docks, breakwaters, and of greater significance, fill spits. Such activities have resulted in sever discontinuity of the shoreline. Specific site features include an upland parcel exhibiting 306 l.f. of water frontage. An "L" shaped spit (approximate dimensions of +3' (MLW) high x 120' x 15' with a 100' x 25' "L") borders a dredged basin and channel. The channel provides access between the nearby canal and navigable channel depths further offshore. Higher elevations on the spit support transitional zone species such as sea daisy (Borrichia sp.) and buttonwood (Conocarpus erecta). The majority of the spit perimeter is colonized by dense, mature mangroves, primarily Rhizophora mangle. A 1925 sq. ft. area of mature red mangrove is to be preserved at the eastern tip of the spit. ,~, .. Resolution No. Albert Fletcher, Jr. Page Two A 300 sq. ft. dock on the western edge of the "L" borders the excavated basin. Depths of 8 to 10 ft. are encountered, including a 3 ft. organic/muck layer overlying the caprock. Moving west towards the riprap shoreline, depths decrease to 6 ft. at the basin's edge, finally shallowing to -3' over the caprock near shore. Outside of the basin, the nearshore shallows exhibit a solid mass of stationary, decaying organic matter, apparently trapped by the existing shoreline configuration. A thin layer of sand/shell is found at the caprock organic interface. The channel leading from the basin to the east-west navigation channel exhibits varying depths between -7 ft. and -10 ft. Adjacent to the upland shoreline, the 15' wide north-south channel alignment is approximately 12 to 13 ft. deep. Water depths of 4 ft. are encountered in unaltered submerged lands at the eastern edge of the fill spit. Typical substrate consists of a firm sand/shell layer. Currently, a 6' x 40' wooden bridge spans the existing break in the spit. Ambient water quality in offshore waters includes relatively poor clarity and a darker color index than other waters in this area of the Keys. This can be attributed to, in part, the summer accumulation of grass wrack, and subsequent suspension of decaying material (particulates) and dissolved organics. Note: All depth sounding refer to MEW. Short term impacts to be expected include substantial elevation of turbidity levels and the resuspension of organic material and/or anoxic sediment layers. These conditions should be temporary and localized if proper precautions are taken. The proposed project should result in the removal of a concentrated source of stagnating water currently contributing to elevated BOD and depressed DO levels. Furthermore, the larger cut proposed in the spits should allow for increased tidal and wind-driven circulation. Ideally, the system should exhibit a beneficial increase in flushing capabilities. Approximately 134 l.f. of mature mangrove fringe (7ft. ! wide canopy) will be removed in association with the fill spit removal. Minimal habitat benefit is derived from the existing flora due to lack of tidal circulation and poor ambient water quality. However, a significant reduction in detrital export from the project site will occur as a result of the elimination. Riprap placement along the southern border of the fill spit should not present any significant adverse impacts on water quality or the biological intergrity of state waters. Some additional habitat may be provided by the rock boulders. Furthermore, the newly stabilized shoreline should naturally revegetate, given the readily available seed sources. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the above Biological Assessment has been read into the record and duly considered pursuant to Florida Statute 253.124 by the Board of County Commissioners of Monroe, Florida, this 30th day of November 19 84 at a regularly scheduled meeting. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA . ... ~t\ BY ~~.J -vv- ....~-~ .......~ Mayor (SEAL) DANNY L ~OLTT ^GT:1 At te;-tl... ,...L>.. .fl..'>. ..r~.', Clerk //,. ~'/7 k y!s~cvti cC M~:{~, /<~ ClerU' / ice, fL /) . . -./---~ / /.. ,: /l ,-1-,:" . .. _', (; \ \ County Attorney (305) 2944641 ,BOARD OF COUNTY COMMISSIONERS Wilhelmina Harvey. District 1 Ed Swift. District 2 Jerry Hernandez. District 3 Mayor Pro tem Alison Fahrer, District 4 Mayor Ken Sorensen. District 5 O<~y~l: ~R~~~~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 t/ 2. Resolution (ALBERT FLETCHER, JR.) V 3. Application for Permit (DREDGE, FILL & PIER) ~ 4. Site Plan ~ 5. Location Map ~ 6. DER Assessment ~ Date I /- j9-tftj By ~,021~ ~. ~.. . e.~ A.. ;~, P no,\", ....'I'~~'l~... il\... I ~, . .; . l ! t 1 i' < ; i) " NOV 16 1984 '"\I I"TTY 'J. d. ~i . M E M 0 RAN DUM TO: FROM: Jeffrey M. Doyle, Ph.D., Director Planning and Zoning Department r;;;:'l George Schmahl, Biologist ~ RE: Proposed Dredge, Fill and Pier, Albert E. Fletcher, Mile Marker 31.5, Big Pine Key DATE: November 5, 1984 1. Introduction This application for the maintenance dredging of an existing canal and boat basin, the deposition of spoil on an upland site and the place- ment of rip-rap fill below mean high water and should be reviewed by the Board of County Commissioners as per Section 19-1ll(a) (5) of the County code. 2. Site and Project Description The applicant wishes to remove a portion of a man-made spit in order to eliminate an obstruction which is the cause of an accumulation of organic debris. A section 67' x 12' is proposed to be removed to a depth of -3' MLW and comprises approximately 90 cubic yards of material. He also wishes to maintenance dredge two channels and a boat basin to remove accumulated debris which has sunk to the bottom in these areas. The south side of the remaining spit will be re- stored with rip-rap boulders. Approximately 10 cubic yards of rip- rap will be deposited below mean high water. A wooden pier is proposed to be constructed over the area of the spit which is to be removed to provide access to the remaining spit. The site fronts on Pine Key Bight and is located in the southeastern end of Big Pine Key. An "L" shaped spit, which borders a dredged boat basin and channel, is present arising from the subject property. This spit is not continuous with the shoreline but is bridged by an existing pier 44 feet in length. The spit is vegeta- ted by red mangroves (Rhizophora mangle), buttonwood (Conocarpus erecta), Borrichia sp., and wetland grasses. A dense accumulation of wrack (mostly seagrass) is present in the boat basin. Over the years this debris has accumulated and sunk to the bottom, decreasing the depth of water within the basin and channel, and contributing to low water quality and disagreeable odor in the area. Jeffrey M. Doyle, Ph.D. November 5, 1984 Page 2. The Department of Environmental Regulation (DER) intends to issue a permit for this work (File No. 440905855). A copy of the bio- logical appraisal is included in the file. 3. Evaluation The proposed activity should result in the elimination of a barrier which acts to accumulate seaweed and other debris, and should increase circulation and flushing of the area. This could be considered as a step in the restoration of the original configura- tion of the shoreline. Approximately 134 linear feet of native mangroves will be destroyed during the removal of the spit. The benefit derived from the spit removal, however, outweighs the negative impacts of the mangrove removal. Mangroves should readily recolonize the rip-rap shoreline of the spit. Short term impacts will include an increase in local turbidity and suspension of anoxic sediment from the bottom of the basin. This spoil will be deposited in a scarified upland area which the applicant owns. Turbidity curtains should be employed during this construction activity. 4. Recommendation The biologist recommends conditional approval. 1. Turbidity screens be used during maintenance dredging, spit removal, placement of rip-rap, and construction of pier supports. 2. All spoil to be deposited on the indicated upland site. No spoil should be deposited in the area of the existing spit island or surrounding waters. GS:lb MONROE COUNTY @ PLANNING, BUILDING & ZONING DEPARTMENT PERMIT APPLICATION FOR EXCAVATION, TilE DEPOSIT OF FILL, OR STRUCTURAL ACTIVITIES IN THE WATERS OR WETLANDS OF MONROE COUNTY. 1) Property owners name & mailing address 2) Date Albert E. Fletcher, Jr., Russell W. Obermayr and Charles G. Barger, Co-Trustees 10/3/84 2211 NE 36th Street, Suite 204 Li ohthouse Po i nt Fl 33064 4) Contractor or agent's name, mailing address, phone & certification number. Agent's name: Albert E. Fletcher, Jr. 2211 NE 36th Street, Suite 204, Lighthouse Point, Fl 33064 305/782-8340 3) Phone number 305/782-8340 5) Legal description of property: IO/IS/@5 Section, 2 5 Township, 66 Sou th Range, 29 Ea s t (if acreage) Zoning, RU-l Key, Big Pine Lot, n/a Subdivision, V i rq i 1 Lowe Block, n/a Street, road or mile marker, Mil e ma r ke r 31. 5 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. See attached explanation 10 Rip-rap fill only involved filled/deposited 10 volume of material dredged/excavated 89 c.y. 89 waterward landward of M.H.W. of M.H.W. c.y. c.y. waterward of M.H.W. c.y. landward of M.H.W. 7) Name, address & zip code of adjoining property owners whose property affronts water way. John V. Howard Williams, Myrtle W. 3030 Collins Avenue & Edgar L. Miami, Florida 33140 P. O. Box 2711, Key West, Fla. 33040 8 a) List other permits issued and/or applied for, include applicant's name, for this site: Cohen, Philip J. & Lorraine P. 250 Marison Teaneck. N. J. 07666 First application ever submitted for this project. 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. Applicant is the same as described in paragraph 1) above 9) List all Federal and State agencies that have received applications for this project. Department of Environmental Regulation and U.S. Army Corps of Engineers This completed application form will be accompanied by the following, or it will NOT be processed. a) Two (2) sets of drawings, on 8V2 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. For Department Use Only/ 84 Date ~c;Lt~ /~%I Person accepting application & Date Approved by Director Cost of permit Estimated cost of construction ~ ITEM 6 The purpose and Intended use of the project is to remove and dispose of organic.muck accumulated on the shoreline of the subject property and in a boat basin and channel adjacent to the subject property. It is further desired to remove a portion of a currently existing spit lying off the shoreline to increase the tidal flow from north to south and south to north along the Big Pine shoreline to prevent future accumulation of organic muck In the area. Sheet I attached depicts the proposed excavation area. The shoreline restoration along the south side of the remainder of the spit (as shown on sheet 2) will consist of only riprdp and no fill will be involved. The existing pier will be removed. The second phase of the project would be the dredging of areas (A), (B) and (e) shown on sheet 3 with the depths to which excavation will occur shown as crossssections at the bottom of sheet 3. The third phase of the project would be the construction of a new pier from the mainland to the shortened spit as shown on sheet 4. ~ ~" \'0'" ...;; ",rv · '"". ~ ~ -'~ " . '-', .' c ... ". ~,.,t, LlOLt I .:: i'- -, 'u - , 07' 0.) ~ .....1107 [i L.D. :z..A.h~DC-Cl'- ISO' ~ W Oil. -l-l.l-lO',' ~';).~"" ~ Z . ~ PO"'~r~C;'l' ~II ~ ci O. c R t..1J () a:' c;. ',' 4.; ,- - ..... //',.' 'T. . . .,. , . ""t ,y ..' , . "~ .,' 'f .......~ '. ~ '.1 ~ o wo- ~ 2-70' RU-l , ~.~ g ',' . . I ~7J.-/(;l-It;3 ~f..-' 1~8AC. '0 ---------z .~ . ~ ~. ..... 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J.-.".Kl-" V~,.J~ ~~ S~lrJ~~ J Ci tf-ou~ D ,.. httL EJcL..4 II A-r ~,.J fC...:, ., f; p." Ji. t~rucn p) b~r'~('1'" ) ( (l.., f - l..A I ) ,f.-' . P r /' ( (L-" I N ,.. ~ .J L.A--J I) SP,T. (po'=-T - .. e~~If~o~ ) ...J ~ ~ . . . a ,- f . . I f: III , >l SHEET NUMBER 4 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION SOUTH FLORIDA BRANCH OFFICE BOB GRAHAM GOVERNOR VICTORIA J. TSCHINKEL SECRETARY 7451 GOLF COURSE BOULEVARD PUNTA GORDA, FLORIDA 33950-9359 September 28, 1984 George P. Schmahl Planning & Zoning Dept. 5825 Jr. College Rd., West Wing II, Stock Island Key West, FL 33040-4399 wN~ Re: Monroe County, File #440905855, Albert Fletcher Dear Mr. Schmahl: Attached is a copy of the Department's biological appraisal for the referenced project as per your request. A hydrographic survey was not required. Sincerely, /';)iC ~ G;t:f1::!=zt:a~4~ E\~rOnmental Specialist GMS/jh Encl. Protecting Florida and Your Quality of Life I , . .. DEPARTMENT OF ENVIRONMENTAL EEGULATION PEmnT APPLICATION APPRAISJ\L File No.: 440905855 County: Monroe Date: 9-4-84 Applicant ~ame: Albert E. Fl?tcher, Jr. Agent (if apPlicable): NA Address: 22 N.E. 36 Street, Suite 20, Lighthouse Point, FL 33064 -~-----------_.. -"- Address: Location of project: Section(s) 25 Township 66S Range 29E Section(s) Township Range Local Reference: U.S. Highway I, MM 31.5, Big Pine Key Water Body: Bogie Channel Water Classification of Project Area: Aquatic Preserve: NA III Adjacent Waters: III Outstanding Florida Waters: On site inspection by: T.A. Kranzer 8-30-84 Date of Inspection: 8-31-84 Original Application: Yes~ No National Key Deer Refuge Revised Application: Yes No Date: Date of 2nd Insp. ., 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. Biological and Water Quality Assessment B. Biophysical features of general area. Include comments concerning extent of development of adjoining properties as well as relevant historical facts about the area. c. Biophysical features of specific project site and spoil site if applicable. Include identification of bottom types and any relevant historical facts about the area of the project. D. Potential impact of project on biological resources and water quality. Address long-term imoact as well as immediate impact for all aspects of the project. E. Suggestions, where appropriate, for modifications that may reduce or minimize the potential impact of project. PERM 16-10(Rev.6/79) . . FLETCHER, ALBERT E., JR. #440905855 Monroe County - Big pine Key Page Two A. Applicant proposes to increase tidal flushing to his waterfront property on Bogie Channel by excavating a total af 2660 cu. yds. of material. waterward of MHW from the following areas - two channels: 190' x 20' x -6' MLWand 60' x 30' X -6' MLW; a basin: 100' x 30' X -6' MLWand 16' x 40' x -6' MLW; and another area: 100' x 61' X -3' MLW. Spoil will be deposited on self-contained uplands owned by the applicant. Furthermore, an additional 178 cu. yds. of material will be excavated to -3' MLW from a 67' x 12' area in order to remove a previously filled spit. Finally, a 35 ft. long section of the aforementioned spit will be stabilized by riprap, requiring placement of 20 cu. yds. of rock (10 cu. yds. placed waterward of MHW) in a 4 to 6 ft. wide zone. A new 111' x 6' walkway will be in- stalled between the mainland and the remaining fill spit. Construction methods to be utilized include placem~nt of temporary fill across the existing breach for equipment access. Excavation will be conducted in areas adjacent to the pit prior to removal of the spit portion itself. Other portions of the excavation activities will be performed from the mainland. All spoil will be removed and deposited on owners adjacent property. Turbidity screens will be utilized to isolate dredge areas during construction and the temporary fill 1S also proposed to impound subject areas while dredging. B. TMe project site is located near the southeastern terminus of Big Pine Key bordering Bogie Channel and Spanish Harbor (Class III waters). These waterbodies are within the con- fines of the National Key Deer Refuge (Outstanding Florida Waters). Depths within the channel generally range between -7' and -10' (MLW). Grassbed meadows are found along the shallower peripheral regions of the channel. Subject region of Big Pine Key fronts on Pine Key Bight, a semi-enclosed feature formed by the Doctor's Arm land extension to the north. At the project site, uplands are developed for private residential usage. The parcel consists of previously filled wetlands, with a dead-end canal and contiguous basin located immediately to the north. Unaltered mangrove forested wetlands are found to the south of subject property. G ~ FLETCHER, ALBERT E., JR. #440905855 Monroe County - Big Pine Key Page Three The shoreline is characterized by several man-made structures and channels, including docks, breakwaters, and of greater significance, fill spits. Such activities have resulted in severe discontinuity of the shoreline., C. Specific site features include an upland parcel exhibiting 306 l.f. of water frontage. An "L" shaped spit (approximate dimensions of +3' (MLW) high x 120' x 15' with a 100' x 25' "L") borders a dredged basin and channel. The channel provides access between the nearby canal and navigable channel depths further offshore. Higher elevations on the spit support transitional Zone species such as sea daisy (Borrichia sp.) and buttonwood (Conocarpus erecta). The majority of the spit perimeter is colonized by dense, mature mangroves, primarily Rhizophora mangle. A 1925 sq. ft. area of mature red mangrove is to be preserved at the eastern tip of the spit. A 300 sq. ft. dock on the western edge of the "L" borders the excavated basin. Depths of 8 to 10 ft. are encountered, including a 3 ft. organic/muck layer overlying the caprock. Moving west towards the riprap shoreline, depths decrease to 6 ft. at the basin's edge, finally shallowing to -3' over the caprock near shore. Outside of the basin, the nearshore shallows exhibit a solid mass of stationary, decaying organic matter, apparently trapped by the existing shoreline config- uration. A thin layer of sand/shell is found at the caprock- organic interface. TOe channel leading from the basin to the east-west navigation channel exhibits varying depths between -7 ft. and -10 ft. Adjacent to the upland shoreline, the 15' wide north-south channel alignment is approximately 12 to 13 ft. deep. Water depths of 4 ft. are encountered in unaltered submerged lands at the eastern edge of the fill spit. Typical substrate consists of a firm sand/shell layer. Currently, a 6' x 40' wooden bridge spans the existing break in the spit. Ambient water quality in offshore waters includes relatively poor clarity and a darker color index than other waters in this area of the Keys. This can be attributed to, in part, the summer accumulation of gr<J.ss wrack, and subse- quent suspension of decaying material (particulates) and dissolved organics. Note: All depth soundings refer to MHW. - .a ~ FLETCHER, ALBERT E., JR. #440905855 Monroe County - Big pine Key Page Four D. Short term impacts to be expected include substantial elevation of turbidity levels and the resuspension of organic material and/or anoxic sediment layers. These conditions should be temporary and localized if proper prec~utions are taken. The proposed project should result in the removal of a concentrated source of stagnating water currently contributing to elevated BOD and depressed DO levels. Furthermore, the larger cut proposed in the spits should allow for increased tidal and wind-driven circulation. Ideally, the system should exhibit a beneficial increase in flushing capabilities. Approximately 134 l.f. of mature mangrove fringe (7 ft. + wide canopy) will be removed in association with the fill spit removal. Minimal habitat benefit is derived from the existing flora due to lack of tidal circulation and poor ambient water quality. However, a significant reduction in detrital export from the project site will occur as a result of the elimination. Riprap placement along the southern border of the fill spit should not present any significant adverse impacts on water quality or the biological integrity of state waters. Some additional habitat may be provided by the rock boulders. Furthermore, the newly stabilized shoreline should naturally revegetate, given the readily available seed sources. ~