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Resolution 106-1982RESOLUTION NO. 106 -1982 WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, has received an application from PAUL SLABOUGH and ?WHEREAS, in compliance with State Statute, it is necessary as part of the permitting procedure to read the following Biological Assessment into the Record, as follows: The applicant is proposing the construction of a bulkhead along a residential, open water shoreline.. The bulkhead construction will include 40 cubic yards landward of MHW and 45 cubic yards waterward of MHW (most of the latter amount consists of riprap which will be placed at the base fo the bulkhead) . The proposed bulkhead will be constructed at the approximate MLW line. This bulkhead will have a four foot wide cantilever which will extend waterward to the edge of a peripheral channel dropoff. Backfill will be placed directly behind the bulkhead wall to create a uniform elevation from the bulkhead wall landward. The project site is located on the western side of Summerland Key near Kemp Channel within what is referred to as Summerland Cove. Summerland Cove has been extensively developed for single family residences with a network of inland man-made canals and a perimeter channel which provides deep -water access for the residential community. Waterward of this deep perimeter channel, the depths shallow to two (2) feet or less. The benthic community over these flats is somewhat unstable with patches of seagrasses and algaes. Because of this instability, water transparency within Summerland Cove is somewhat less than that found elsewhere in the Keys. In the more immediate vicinity of the applicant, development of the waterfront lots along Carribean Drive is somewhere in the vicinity of 30 to 40 percent. It is likely that the spoil obtained from the dredging of the offshore perimeter channel was deposited along the existing residential lots, forming erosion -prone marl shorelines. As a whole, the shoreline in this area has undergone some erosion, although it is not nearly as severe as it could be due to an original Miami oolite base, which is exposed below MHW, and a well - compacted limestone -marl overburden. Because of the absence of soft sediments along this shoreline, few mangroves have become established. In general, the emergent shoreline vegetation starts above the extreme high water line in the form of transitional wetland species, which occupy only a narrow strip before giving way to uplands. The perimeter channel in this area is deep, box cut and varies from 60 to 80 feet in width. The submergent shelf separating the present shoreline from the perimeter channel averages 10-20 feet in width. with limited floral stabilization. Lot 24, adjacent to the applicant's lot, has been bulkheaded out to the peripheral channel dropoff. This lot also displays a small boat basin. Lot 22, to the south of the applicant's lot, is un- developed. l6� Resolution Paul Slabough Seawall Page Two The applicant's lot drops from a three to five foot elevation (above MSL) at the erosion line to form an approximate 10' wide littoral shelf, of which nearly all is intertidal. At the erosion line, a few buttonwoods (Conocarpus erecta) are found. From this point waterward, little emergent vegetation occurs. The slope from the upland portion of the lot down to the littoral shelf has been riprapped and covered over in part by cement slurry. At the base of the riprap and extending waterward several feet, the limerock rubble intertidal zone is next encountered over the major- ity of the lot. Along the southern portion of the shoreline, however, the intertidal and subtidal shelf characteristic of the shoreline in this area has been cut back, thus creating the non -uniform bulkhead line applied for. This extension of the peripheral channel was cut to a deep depth for a width of about 10 feet and a length of +25 feet (total shoreline length here is 60 feet). - Where the subtidal shelf was not excavated (remaining +35') the floral community is extremely sparse, being comprised only of scat- tered algaes. The algaes identified here included green algaes (Batophora sp.) and red algaes (Acanthophora sp.). The width of the subtidal shelf is estimated at approximately four feet. Impacts resulting from the construction of this bulkhead should be minimal. Some concern arises from the placement of riprap in a sub - tidal area but this would seem to be offset by the fact that the present subtidal shelf where the riprap is to be placed displays only sparse biota. It is also felt that the proposed riprap will provide valuable habitat and substrate for marine fauna as well as effectively displacing wave energy. 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 County, Florida, this 2tad day of March 19 82 at a regularly scheduled meeting. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor 0 6A (Seal) Attest: WD W. HITE, CLERK �• Clerk APPROVED AS rO FORM AlMD c SUFF/CJ�IYCY. AltwWs OXA0 `.%� I� , BOARD Oi= COUNTY LOP iNEnS _ At. Wilhelmina Harvey, District 1 _ Curt Blair, District 2 e ,. Mayor Protem Jerry Hernandez, Jr., District 3 n �%", n.. MAYOR George E. Dolezal, District 4 i .em����ss.. y A-, Ken Sorensen, District 5 -b "�Il t r �•}��..:i :.z o ins �si"j�y..., OUNTY o MONROE w� t KEY WEST, FLORIDA 33040 T� (305) 294 4641 Monroe County Legal Department Key West, Florida 33040 IC O Henry F . �rF lei nkam, Director Building, Planninq and Zoning P.O. BOx Room 205 Wing II Public Service Building s 5825 Jr. College Rd. W. Key West, Floirda e 330430-4; I, the undersigned, do hereby attest that all date and information is complete in the package of the applicant as follows: Certificate of Complete Enclosures 11-� 1. County Biologist Report �. 2. Resolution (Paul Slabaugh) 3. Permit ✓. 4. Application for Permit (Seawall) 5. Site Plan 6. Location Map 7. DER Assessment / DATE — f Alm To PS FORM 3397 i, DEPARTMENTAL CORRESPONDENCE DATE March 3, 1982 i SUBJECT Slabaugh, P. , Seawall To Kermit H. Lewin, Administrator Ep•T County Administrator's Office FROM Bob Dennis Environ. BiologistEp•T Planning Zoning LEGAL Township 66S, Range 28E, Section 35, Summerland Key Cove #6; Lot 23, Block 1, Summerland Key. Zoned RU-1. INTRODUCTION: This application is to be reviewed by the Board of County Commissioners in accordance with Chapter 19-111 (a) (5) of the Monroe County Code. DISCUSSION: Applicant is applying for a permit to construct a vertical concrete seawall 60 ft. in length along his Summerinad Cove (Atlantic Ocean) shoreline. A four foot wide cantilever dock will extend from the vertical wall to the edge of an existing peripheral channel to allow boat dockage. The project will require 40 c.y. of fill landward of MHW and 45 c.y.. waterward of MHW (of this, 20 c.y. will be rip -rap placed at the base of the seawall). This project is discussed in greater detail by the attached Depart- ment of Environmental Regulation report and should be read for additional information. RECOMMENDATION: Although the seawall and rip -rap will be placed at and below the M1,1V line, this should pose no serious environmental concerns since the benthic intertidal community,between the MHW line and the peripheral channel,has been altered by past dredge and fill activities. Therefore, it is recommended that the application be approved with the condition that the new seawall join and align with the seawall on lot 24. /mmp PL1:?vi\G BLILDI'•;C & ZONING DEPAR=ENT PE:7"211T PERMIT FOR E�:C.'0 ATION, THE DEPOSIT OF Flo. CDUNTY FILL, OR STRUCTURAL ACTIVITIES IN THE WATERS OR WETT ANDS OF MONROE COUNTY 1) Property owners name & mailing address 12) Date FOR DEPART:•IE`'T USE ONLY Paul Slabau g 1 h Box 208, Route 2 Ij Jan. 10. 1982 Resolution No. 3) Phone number Summerland Key Fla. 33042 (305) Date: 745-1539 4) Contractor or agent's name, mailing address & phone number 5) Legal description of property: Section 35 Key Summerland Key Subdi•: ision Summerland Key Cove Township ggS Lot 23 Block 1 Range 28E Street, road or mile marker Carribian Drive 242 M.M. Volume of material: dredged/excavated filled/depesiteci c.y. C.V. 45. c•Y• 40 c.y. waterward landward waterward landward of M.H.W. of 1.111.1,7. of ivf.H.jv. of M.H.W. ZONING: RU-1 PURPOSE: Cost of Permit Estimate,] cost of Construction Approved by ChaiL -;an BO.RD OF COUNTY CO?nIISSIM'E1ZS OF ?10`;710. COU:":TY, FLORIDA Blolo-ist Cor=,.e_nts - Rcstric�_ons or Special Coi,1iLions- i`_ an — Although the seawall and rip -rap will be placed at and below the MLW line, this should pose no serious environmental concerns since the benthic intertidal community, between the MHW line and the - peripheral channel, has been altered by past dredge and fill activities. Therefore, it is recommended that the application be approved with the condition that the new seawall join and align with the seawall on lot 24. Conv in File �9 Date PLA'v'TI";r., '.'ILDI'TG & ;.0-11"G, DEPART'[T "T PERMIT APPLICATION -NAB � �u��+ FOR F",rANATIO'T, TTiF'. DEPOSIT OF FIL' ^R STRUCTURAL •`` "!JTY .� ACTIVITIES IN THE WATERS OR WETLAN `IONROE COUNTY �op rty o ners namer & mailing UG��.•-9 Contractor or agent's name, ma t,u,a.1 aescription of property: Section, 3 Township, Range, Uf acreage) Zoning, 2t/ address -z-j D a t e / ? ing, address, phone & certification number. 'none num 3 6 S- Q 5.,.,. N.A. 9u.�. &- Key, �Q� �; Subdivision, Lot, Block, A v Street, road or mile marker, Describe the proposed activity, methods of constrtecion & amount of material (in cubic yards), tobeexcavated or discharged. iescribe'purpose & intended use of project. - `:,%,f1b"Y J dredr,ed/excavated filled/deposited volume of material: ri l a c ci y 'I �i rift r d y• 5 c y• ' I". H c• y i o TI.H. of m �' :•ITf,i . ail. Name, address & zip code of adjoining property owners whose property affronts water wa a a 1 . (.ice .b �'',r.:z a ;, F�. D` Da.N,, �,� "; +�� 1 I r c iLF r-� a) List other permits issued and/or applied --for, include applicant's name, •r 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. 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. I Two (2) sets of drawings, on 8� x 11 paper, showing location, plot plan, to view and cross section of proposal, drawn to scale. p p b) Appliclition processing fee as follows:, for dredge, fill, docks OR any structures affronting natural water bodies. 10.00 for vertical seawalls.on man-made bodies of water. $25.00 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 a_nun y,, state or federal law regulating construction or performance of constru �tion oh�is type of faci ty... "For Department Use Onlv/ •7 o rson acce g app 0 d 3 S-3 03 Fee & receipt 1 Approved by Assi.t. Director Cost of permit :stimate d cost o cons ,J3 L- L l State of Florida � DEPARTMENT OF NATURAL RESOURCES DR. ELTON J. GISSENDANNER Executive Director Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard, Tallahassee, Florida 32303 February 9, 1982 Mr. Paul Slabough Rural Route 2, Box 208 Summerland Key, Florida 33042 BOB GRAHAM Governor GEORGE FIRESTONE Secretary of State JIM SMITH Attorney General GERALD A. LEWIS Comptroller BILL GUNTER Treasurer DOYLE CONNER Commissioner of Agriculture RALPH D. TURLINGTON Commissioner of Education ii% i ,y� I F_R M 1982 rl . 3' D'. DEPT. f hli'�1Yi:U� vL Dear Mr. Slabough: This office has no objection to your project as proposed in Department of Environmental Regulation's permit application number 44-51564-5E, dated January 10, 1982, showing the location in Section 35, Township 66 South, Range 28 East, in Kemp Channel, in Monroe County. Consider this the authority sought under Section 253.77, Florida Statutes, to pursue this project. This letter in no way waives the authority and/or jurisdiction of any governmental entity nor does this letter disclaim any title interest that the State may have in this project site. SincerelffDirector Ludin S e Lands RPL/gbf cc: DER - Teryl Kranzer DIVISIONS / ADMINISTRATION LAW ENFORCEMENT MARINE RESOURCES RECREATION AND PARKS RESOURCE MANAGEMENT STATE LANDS N.2 SLABOUGH, PAUL #440515645 Monroe County - Summerland Key Page Two A. The applicant is proposing the construction of a bulkhead along a = residential, open water shoreline. The bulkhead construction will include 40 cubic yards landward of MHW and 45 cubic yards waterward of MHW (most of the latter amount consists of riprap which will be placed at the base of the bulkhead). The proposed bulkhead will be constructed at the approximate MLW line. This bulkhead will have a four foot wide cantilever which will extend waterward to the edge of a peripheral channel dropoff. Backfill will be placed directly behind the bulkhead wall to create a uniform elevation from the bulkhead wall landward. B. The project site is located on the western side of Summerland Key near Kemp Channel within what is referred to as Summerland Cove. Summerland Cove has been extensively developed for single family residences with a network of inland man-made canals and a perimeter channel which provides deep -water access for the residential community. Waterward of this deep perimeter channel, the depths shallow to two (2) feet or less. The benthic community over these flats is somewhat unstable with patches of seagrasses and algaes. Because of this instability, water transparency within Summerland Cove is somewhat less than that found elsewhere in the Keys. In the more immediate vicinity of the applicant, development of the waterfront lots along Carribean Drive is somewhere in the vicinity of 30 to 40 percent. It is likely that the spoil obtained from the dredging of the offshore perimeter channel was deposited along the existing residential lots, forming erosion -prone marl shorelines As a whole, the shoreline in this area has undergone some erosion, although it is not nearly as severe as it could be due to an original Miami oolite base, which is exposed below MHW, and a well - compacted limestone -marl overburden. Because of the absence of soft sediments along this shoreline, -few mangroves have become established. In general, the emergent shoreline vegetation starts above the extreme high water line in the form of transitional wetland species, which occupy only a narrow strip before giving way to uplands. The perimeter channel in this area is deep, box cut and varies from 60 to 80 feet in width. The submergent shelf separating the present shoreline from the perimeter channel averages 10-20 feet in width, 0 SLABOUGH, PAUL #440515645 Monroe County - Page Three Summerland Key with limited floral stabilization. Lot 24, adjacent to the applicant's lot, has been bulkheaded out to the peripheral channel dropoff. This lot also displays a small boat basin. Lot 22, to the south of the applicant's lot, is un- developed. C. The applicant's lot drops from a three to five foot elevation (above MSL) at the erosion line to form an approximate 10' wide littoral shelf, of which nearly all is intertidal. At the erosion line, a few buttonwoods (Conocarpus erecta) are found. From this point waterward, little emergent vegetation occurs. The slope from the upland portion of the lot down to the littoral shelf has been riprapped and covered over in part by cement slurry. At the base of the riprap and extending waterward several feet, the limerock rubble intertidal zone is next encountered over the major- ity of the lot. Along the southern portion of the shoreline, however, the intertidal and subtidal shelf characteristic -of the shoreline in this area has been out back, thus creating the non -uniform bulkhead line applied for. This extension of the peripheral channel was cut to a deep depth for a width of about 10 feet and a length of +25 feet (total shoreline length here is 60 feet). Where the subtidal shelf was not excavated (remaining +35') the floral community is extremely sparse, being comprised only of scat- tered algaes. The algaes identified here included green algaes (Bato hora sp.) and red algaes (Acantho Nora sp.). The width of the subtidal shelf is estimated at approximately four feet. D. Impacts resulting from the construction of this bulkhead should be minimal. Some concern arises from the placement of riprap in a sub - tidal area but this would seem to be offset by the fact that the present subtidal shelf where the riprap is to be placed displays only sparse biota. It is also felt that the proposed riprap will provide valuable habitat and substrate for marine fauna as well as effectively displacing wave energy. ,-0-4