Resolution 116-1982:r
RESOLUTION, L1_6 -1982
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, has received an application from W
and
MATSINGER & W. MCGEF
WHEREAS, in complaince with State Statute, it is necessary
as'part of the permitting procedure to read the following Biological
Assessment into the Record, as follows:
Florida Bay is designated as Class III waters (chpater 17-3.081,
Florida Administrative Code).
The sites uplands with the exception of a low wall around their
perimeter, are completely covered by a concrete slab. The slab
is sloped away from the water. At present no buildings are lo-
cated on the uplands, however, the applicant has indicated plans
to install a trailer in the near future.
The shoreline, as it existed before the seawall was built, con-
sisted of a boulder riprap revetment. The biota found on the
revetment consisted of red, green and brown macroalgae as will
as Nerita sp, and Littorine sp. snails. The toe of the revetment
was at a depth of 1+ ft. mean low water (MLW). The bay bottom in
front of the seawall slopes down into a perimeter channel at a
moderate rate. During the inspection the depth at the waterward
edge of the dock was measured at 3 feet. The nearby bay bottom
is primarily sandy with little macroflora.
The toe of the seawall is located at essentially the same location
that the revetments toe was. At present, due in part to its
newness, there is virtually no macrobiota to be found on the sea-
wall.
The seawall was built in such a manner that it ties into the ad-
jacent seawalls on either side. Normally a project of this nature
would be exempted from Departmental permitting requirements by
Chapter 17-4.04 (10) (s), Florida Administrative Code. Available
evidence indicates that neither of the adjoining seawalls were
built persuant to proper Departmental authorization and as a
result it is the opinion of this inpsector that the exemption does
not apply in this case.
As previously described, construction of the seawall and dock has
eliminated the shoreline biota. Once the riprap is placed at the
toe a new biological community should be able to establish itself.
As a result of shading, it is believed that the floral components
of the new community will generally be less abundant and more
shade tolerant than the preconstruction flora.
The riprap at the toe of the seawall will cover and thereby elimi-
nate 200+ sq. ft. of shallow sandy seafloor. Placing the riprap
can be expected to cause temporarily raised levels of turbidity.
Experience with similar projects has shown that the associated
turbidity levels are not usually very high.
The applicant proposes to control erosion and provide himself with
improved boat mooring facilities. Both goals will be achieved
through the construction of a 72 ft. long verticle concrete seawall
with a 4 ft. wide cantelievered concrete dock along its length.
Resolution
Matsinger/McGee
Seawall M
Page Two
An estimated 25 cu. yd. (21m3) of back fill will be place landward
of the seawall. It is estimated that 90 percent of the backfill
will be above mean high water (MHW). Twenty-five cubic yards of
limestone boulder riprap will be installed at the toe of the sea-
wall. The majority of the riprap will be at an elevation below MHW.
The project, with the exception of the placement of the riprap at
the toe of the seawall, is now complete. Upland roads were used
to bring all supplies to the site. The seawall and dock were poured
in place.
The project site is in the Outdoor Resorts at Long Key recreational
vehicle park. The park is located on the north side of the west
end of Long Key,.Monroe County. Within the 250+.acre park a system
of two main truck canals with three each finger canals provide water-
front access to many of the 400+ trailer lots. The park is a condo-
minium with 95 percent of the available sites presently occupied by
recreational vehicles. Many of the vehicles are apparently permanently
located.
The project site is located near the northeast corner of the park,
on a shoreline which faces Florida Bay. Abutting the site's east
and west sides are lots which are occupied by travel trailers. To
the south is a paved road.
The Florida Bay shoreline of the project site and park in general is
one which was created by filling out into the bay. A boulder rip -
rap revetment originally protected the entire shoreline. Much of the
revetment has been replaced over the years by a series of seawalls.
A brief check of the Department's records did not turn up any permits
for the seawalls. Both of the adjoining lots have seawalls on them,
which were apparently built without Departmental authorization. The
one to the east was apparently built within the last year.
The applicant's poperty is a 50+ ft. by 60+ ft. (0.07 acre) trail
lot. The project site includes in addition to the applicant's lot
the waterward end of the street which separates the applicant's
property (lot 246) from the lot to its east (lot 245). In total the
site includes 72 linear feet of shoreline on Florida Bay.
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 22nd
at a regularly scheduled meeting.
(Seal)
day of March 19 82
BOARD OF COUNTY CQiNI�S�ER-f
M5N -LINTY, FLORIDA
Y
B �-
May.,
Attest: PMH
�tffl�lj� La
4 C
Clerk
APPROVED AS TO FoRm
AND OAL SUFFICIENCY
�y r
p� /LiL`71
Att"ney's Office
'%0A'R15 OF tOUNTY COI NERS
- —
iC>( OF;
Wilhelmina Harvey, District 1
_�; !;` rr—__
dy ° T. =z4a
Henry r , lei nkam, Director
Building, Planning and Zoning
Curt Blair, District 2
Mayor Protein Jerry Hernandez, Jr., District 3
_
MAYOR George E. Dolezal, District 4
'14V
P.O. sox Room 205 Wing I I
Ken Sorensen, District 5
� y ;`0f ::H n
Puoiic.Service Building
3t
®U1�lTY 0 �IONROE
5825 Jr. College Rd. W.
�T �r Key West, Floirda
`
KEY WEST, FLORIDA 33040
P 330430-4:
(305) 294.4641
Monroe County Legal Department
Key West, Florida 33040
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
1. County Biologist Report
2. Resolution
3. Permi t
a. Application for Permit
5. Site Plan
6. Location Map
7. DER Assessment
DATE
BY
VI-
• ,;YF3.1 FgRM3397 L= S. A.
E ® ,yqy RT,�}p.�� TALi R R N 0}V■ C
DATE March 3, 1982
SUBJECT Matsinger, W. and !V. Yc Gee. Seawall
To Mr Kermit F. Lewin, Administrat(MP'T County Administrator's
FROM
Bob Dennis, Environ. Bi
LEGAL
T Planning and Zoning
Township 65S, Range 35E, Section 7,
Outdoor Resorts of America, Lot 246,
Long Key. Zoned RU-6
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:
The applicants are requesting after -the -fact approval for the
construction of a 72 ft. long vertical concrete seawall with a 4 ft.
wide cantilever dock along their Florida Bay waterfront property.
Approximately 25 c.y. of backfill was required for the project and
25 c.y. of rip -rap will be placed waterward of the T IEV line, at
the base of the seawall.
The attached Department of Environmental Regulation report discusses
this project in greater detail.and should be read for additional
information.
RECOMMENDATION:
After -the -fact approval is recommended since no long-term adverse
environmental affects are expected from this project.
/mmp
,.sr •.�� .. s
• ��r3_?' i :ice- C� '- �-` �=
� PL1v'I�'G I BUIL=IG & ZONING DEPART11ENT PERMIT
flllordr'z- D, �1 PERMIT FOR E:,C."tiVATION, THE DEPOSIT OF NO.
COUNTY
L3RlTY FILL, OR STRUCTURAL ACTIVITIES Iiv THE
WATERS OR WETLANDS OF MONROE COUNTY
�1)
Property owners name & mailing address
2) Date
FOR DEPARTMENT USE ONLY
W. Matsinger and 111. McGee
Feb. 22, 198
Post Office Box 454
Long Key, Florida 33001
Resolution No.
3) Phone number
664-8303
Date:
4)
Contractor or agent's name, mailing address & phone number
John Brier
Marathon, Florida
5)
Legal description of property:
Section 7 Key Long Key Subdi,. ision Property Line
I
Township 65S Lot 246 Block
Range 35E Street, road or mile marker Mile 66
Outdoor Resorts
Volume of material: dred?ed/e-:cavated filled/deoositea
C.V. C.V. 25 c.y. 25 c.y.
waterward landward waterward landward
of 1f.H.W. of M.H.?,T. of M.H-.W. of M.H.W.
ZONING: RU- 6
PURPOSE:
Cost of Permit
Estimated cost of Construction
Approved by
Chair -man
BOARD OF COUNTY CO',INISSIOi ERS
OF MONROE COUNTY, FLORIDA
Biologist Comments - Restrictions or Spacial Conditions if an%*
After -the -fact approval is recommended since no long-term adverse
environmental affects are expected from this project.
Cocv in File
r r'1
Date
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L/A�
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i Contractor or agent's name, mailing acid-css,
cent:}.( c Tool
5) Legal description of property:
Section, %
Township,
Range,
(if acreage)
T�ev, ,�Gi✓C7 /�E Cll),divi.slon
Lot, ,2 %, r1.oc';\,
Street, rocc or mile n,arl•;er,-
Zoning,
6) Describe the proposed activity, methocls of construction F, ,mou.nt of material (in cubic vnrc's)
to be excavated or discharged. Pescribe purpose 8 intenclecl use of project.
F-- o N -i4 , S �
dredged/excavated
volume of C.Y. C.V.
material waterward lardwax
of I.,..11. of
w 1 11 13 5 0 c't 1,J-7—
F i.l.l ecl /cl cros i.te(l
tiv'�lt crlv<<:rcl
of
7) Name, address F zip cede of a(.j ooning property crAr.crs w1jose prc;lerty affronts water wnv.
i�o�/r� D Tu 7TG e Lo m A r✓ ,lam
moo, eOX �/� emu. �'�x al",�2y�
� �3,3co / ,Lo�✓y' '�Ej' SLR �33 Ga /
8 a) List other permits issued auld/or applied. for, include applicant's name, for this site:
d5,LA,C�3 , G,1/16G /-,9 172 1�;2/97,511,�c.�
1:?o-13 :D x was
'b) If application has been su'emitted for this project (or ore similar) in tr.e past,
explain reason for new application and give applicant's n-ame if di.f_ferent from current
app lic ant .
9) list all Federal and State agencies that nave received app .icaticns 'or tris pro�ecE.
7> Alle
This completed application form will he acccm.paie ... bv ti,.e
_following, or it will NCT be processed.
a) Two (2) sets of drawings, on 8? x 11 paver, sh0,,Tir_c, location, Mot plwi, top view and
cross section of proposal, drawn to scale.
b) Application processing fee as follows:
$75.00 for dredge, fill, docks CI'. any structures affrcntinR natural. water bodies.
$30.00 for vertical seawalls on —man-made bodies ol': water.
$75.00 for any combination of the above activities per site.
Application is hereby made for a permit to authorize t-e activities described herein. I
certify that I am familiar with the information contained ir. this application, and to the rest
of my knowledge & belief such information is true, complete accurate. I further certify that
I possess the authority to undertake the proposed activities. A1.1. provisions of laws and
ordinances governing this type of Work ltiill �e canplied :��it! ierether specified herein or not. T`
granting of a permit does not pres:sne to give authority to violate or cancel. the provisions of
any county, state or federal law regulatin(y construction or p.er:foxrnance of construction of this
type of facility.
denature oL apl,licant/,-KTcnt
For Department Use
Fce �'T receipt
to
Arprolree bv i'ss I t . Director
Person accenting application
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3201 GOLF COUF.SC COULEVARD
PUNTA GORDA, FLORIDA 313350
.S.'1 l A Z OF
F LO P M A
BOB GRAHAM
GOVERNOR
Victoria T�CAIYW
��••,"'�;,., � 9u i`J:..�i�i^ �i— .�.� v�i b"a�j�: �i:�i�i�i � �e. i'i�6. E..+1���"i Y nVi�i
SOUTH FLORMDA BRAN\!CH 0, FECE
Matsinger/McGee
P.O. Box 454
Long Key, Florida 33011
(v (� 1,/- 8 3
Monroe Count
Gentlemen:
February 8', 1982
File No. 44-51047-5E, Seawall & Dock
As we advised you on January 12, 1982 your application is
i.nconaplete w:.thout local approval pursuant to Section 253.124,
Florida Statutes for filling waterward of the existing mean/
ordinary high water line.
please submit t::e enclosed copy of our biological comments
together with your nernnit application to the Board of County
COIA.�.iSS' Oners/C=ty COL:riC'_l or their author 1Zed perr,itting
authority. Section 253.124, Florida Statutes, states that the
:m44, ccu.:cil . shall have i, hand the
county co-11Ssio:_/cam
(biological) rano=t and '-ird?ngs thereof." it further states,
"The report shah be rear: into the record and duly corsldered
at the sane meeting at which the board of county commissioners
or other authorized body takes final action on the application
for pe mit. "
You will reed to o';taii: copy of the minutes of the meeting
or ar, �;L ro �ri.a .� _ r'.ica'c' on o the local approval. This
letter, re:�Oluti Oi vim" CC'. `/ Oj� f:=:^ ?'�lii-11:40:1 Should be sent t0
�-,, r,ce. apply : �;tion �ri�1 r�::,:.�r: incomplete without
valid local ar p'� oval . _ f you have any questions . concerning��'
thi : pr-ocadu�-�:a`contact us.
R,'JC/wb
'Enclosure
D:.R : orrna 17-1.122 (50)
S'_ncerely,
1o��� l zv m aw
Richard W. Cantrell,
Dredge & Fill Supervisor
b ,
3S
Src
41'L IV of Jlalc
Jtil] Stil'1'tl
State `re Of
��,�+,.t<��
Atti3mev Gencral
GEIZA1,I)
A. LEWIS
YLj•-_.•�. J��! 1!N`�
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at! VJJl1iY'1'1�1♦
•Irl•a$U rl•r
DR. ELTON J. GISSEND INNER
DOYLEmCONNE'R
Executive Diromor
Comissioner of Agriculture
3900 Com:nonwealtn Boulcvard,'Iall:ll;a
src, Florida 32303
RA ['I'll1). TLII?LINGTON
Commissioner of Education
January 28,
1982
Matsinger/McGee
Post Office Box 454
Long Key, Florida 33001
Gentlemen:
This office has no objection to your project as proposed in
Department of Environmental Regulation's permit application
number 44-51047-5E, dated Decem,oer 28, 1981, showing the .location
in Section 7, Towns:iip 65 Sout}z, Range 35 East, in Florida Bay 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.
Sincerely,
xrich- rd �. Da in n
Director
Division of S- to Lands
RPL/g:r)f
cc: DER - T.A. Kranzer
DIVISIONS / ADNi1NISTRA•.10N LAW EN1 DRCV,%TFN'r -,IA1(J%E Rb.8(.)V1iCES
RECREATION AND i'AR1"S RESOUBCE `1ANA6ENIENT STATE LANDS
CT? - r -7. 04.75
Noil-oc?
z t,7 G
s'r'' cap=t fro, oyes to control erosion and provide
,7i th imi roved boat �,:co� ' e himself
'�ng facilities . Both goals will be
achieved thrcugi: the construction of a
concrete Seawall wilt: a 72 ft. long verticle
4 ft. wide cantelievered concrete dock
along its length.
An estimated 25 cu. yd. (21m3) of back fill will be placed
landward of the seawall. It is estimated that 90 percent of the
backfill will be above mean high water rJHW
cubic yards of limestone boulder riprap(will .be1installedeat
the toe of the seawall. The majority of the riprap will be at
an elevation below M11W.
The project, with the exception of the placement of the riprap
at the toe of the seawall,is now complete. Upland roads were
used to bring all supplies to the site. The seawall and dock
were poured in place..
B. The project site -
tional vehicle park.
in the Outdoor Resorts at Long Key
The
west end ofl�
uong
park is 1
located on the north side of
side of
Rey, Monroe County. Within
park a system of two
canals provide w4:.crfront
the 250+ acre
main truck canals th e400+ctrailerr
lof
Lots. The park is
access to many the
a
able sites presently
condominium, with 95 percent of the avail-
occupied b recreational
of the vei:icles are apparently permanantlylocated. vehicles. Many
The project site i_s located rear the northeast corner of the
park, on. a shoreline
ne which
site's east and west
.aces Flori Bay. Abutting the
sides are lots which
travel trailers. To
are occupied by
the south is a paved road.
The Florida Bay shoreline of the project site and park in general
is one which was created b
y filling out into the bay. A boulder
riprap revat:ent origi nall� protected 1 j the entire shoreline. Much
of the revetme_it has been replace
seawalls , n r i ;= �. � ., d over the years by a series of
b e- c__ec_, of the Depart7m nt's records did not turn
up any pe�,.li �s for th-c seawalls. Both of the ad seawalls orl : iu, C;h_Cii �4c re apparently joining lots have
autrarizatio:l. p y built without Departmental
a
ii�� on:. to the east was apparently built within
C . - T�%a ,
uP;�.�_cu�l�t's nYop ty 1s a 50--
lot. 1'he `�; _ ft. by 6Q+ ft. (0.07 acre) trail.
�r°jact � e includes in addition to the applicant's
lot the wa--ai_rard end of a street which separates thapplicant's
property (lot 246) from the lot to its east (lot 245). In total
the S1Ve includes 72 linear feet of shoreline on Florida Bay.
MATS INGr:'/vIr, E
4405L047-
�•o _
:row r^,_-�'-- n
L _ue h
Florida Day is UcsignGted as Class III waters (chapter 17-3.081
!orida Admil' strative Code.).
The sites uplands with the exception of a low wall around their
perimeter, are completely covered by a concrete slab.The slab
is sloped away from the water. At present no buildings are
located on the uplands, however, the applicant has indicated
plans to install a trailer in the near future.
The shoreline, as it existed before the seawall was built, con-
sisted of a boulder riprap revetment. The biota found on the
revetment consisted of red, green and brown macroalgae as well
as Nerita sp, and Littorine sp. snails. The toe of the revetment
was at a depth or l=Lfit. mean low water (MLW). The bay bottom in
front of the seawall slopes doon into a perimeter channel at a
Moderate rate, During the inspection the depth at the waterward
edgy of the doc was measured at
P y sandy with little macrofiora, t. The nearby bay bottom
is primarily -� �, ;
The toe of the seawall is located at essentially the same location
that the revetments toe was.
At present, due in part to its
newness, there is virtually no macrobiota to be found on the sea-
wall.
The seawall ;vas built In suc:1 a mannor that it tied into the ad-
jacent seawalls or: either side. Normallya
ject of this
would be exempted from Departmental permittingorequirrements byture
Chapter 17-4.04(10)(s), Florida Administadra
evidence indicates that neither of five Code. Available
the joining seawalls were
ouilt persuant to proper Departmental authorization and as a
result it is the opinion of this inspector that the exemption
does not apply i-r: this case.
D. As previously d ^cribed construction of
the seawall and dock has
eliminated tr_e shore"i; -.�e biota.
Once the riprap is placed at the
toe a new biologics' co M—ur:i ty should be able to establish itself.
os ^'"ul� - - L �_s believed that the floral components
cr o_ �_ad_~g, , be
1 _ .e nc-w co-ifLL,- �.� t�- �,,�a al ponents
s :ads toi L �,^ 1 T 1- oenerally be less abundant and more
-�nL- -- a-n t e preconstruction flora.
I r L" thee.. seawall will cover and thereby
4nate 20v-_ ft, of shallow sandy seafloor. Placing
rap can be epect;d 'Cocause temporarily
turbidi Experience P y raised levels of
associated turbiditylevels are 1not usually lar svery high. has shown that
the rip'
the
ed