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Resolution 121-1982i RESOLUTIW NO. 121 -1982 WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, has received an application from Clayton & J. Whitehou,5e 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 wishes to recover land lost to erosion as well as to eliminate several shoreline discontinuities. Both goals will be accomplished by filling four separate areas of seafloor wet- land. The waterward edge of the fill will be protected by lime- stone boulder seawalls measuring a total of 340+ ft. long. A total of 5,200+ sq. ft. of littoral zone wetlands will be filled. Of this 1,800+ sq. ft. is land lost to erosion and 3,400+ sq. ft. is, previously altered by rnan, littoral zone wetlands. Approxi- mately 100 cu. yds. of fill will be placed below mean high water (_MHW) and 200 cu. yds. above MHW in order to accomplish the task. All materials and equipment will be brought to the site over up- lands roads. A backhoe will be used to aid in the placement of the boulders for the seawall. During the field inspection modification suggestions were made to the applicant. The suggestions were adapted by the applicant and incorporated into the project plans (see attached correspondence). The project as described above and evaluated in this report re- flects the modifications. The project site is located on the Atlantic -'Ocean (south) side of Plantation Key, Monroe County. The general neighborhood surround- ing the site is a mixture of commercial, single family and multi- family developments. Adjoining the site to the west is a mobile home park, to the east are several single family residences. The combination US1 - SR 905 right-of-way forms the northern project site boundary. Beyond the highway is an area vegetated by tropical hardwood hammock. The Atlantic Ocean (Straits of Florida) lies to the south and in the area of the project is designated as Class III waters (.Chapter 17-3.081 Florida Administrative Code). The Plantation Key Shoreline for some distance on either side of the project site has been altered by a variety of dredge and fill works including: channels, jettys, fills, canals, etc. It is estimated that only 10 percent of the nearby shoreline is in a. natural condition. Th.e project site consists of a, roughly rectangular 500+ ft. by 250+ ft. (.2.9+ acres) parcel of land with an irregular shoreline. The -upland areas are occupied by two buildings which are both located near the highway (north) side of the land. One of the buildings is a small mi.lti-family residence and the other is a combination auto repair shop and ultra light airplane assembly factory. The grounds immediately around the buildings are planted with a few ornamental trees. The remainder of the land consists of a grassed field used as an aircraft storage area and runway. The shoreline, which as stated above, is irregular in shape, can be divided into an eastern and a western basin area. The north Resolution Clayton & Joyce Whitehouse; - Seawall Page Two side of both basins in formed by filled land which extends an estimated 25 to 50 ft. seaward.of the location of the natural shoreline. The eastern basin is formed by a fill breakwater on the adjacent property to the east and an "L" shaped breakwater on the applicant's property. The "L" breakwater is located_ centrally on the site and its end points to the east. A 40++.ft. wide opening in the southeastern corner of the basin points to the southeast. The smaller western basin is formed by the west side of the above described "L" breakwater, a small east -west breakwater and the east side of a fill on the adjacent property to the west. The floor of both basins appear to be primarily composed -of natural albeit altered seafloor. The elevation of the basin floors places them in the littoral zone, consequently all of the water in the basins is replaced twice a day and much of the basin floor exposed to air. Apparently, as a result of a combination of the orientation. of the eastern basins opening (southeast), the prevaling southeast winds and the abundance of floating organic material (seaweed),, the basin has a water quality problem. The winds blow the seaweed in at high tide, which because of its design, the basin tends to trap. The seaweed settles to form a putrescent deposit. As the deposit de- composes, gas bubbles cause patches of it to float as a surface SCUM. The shoreline within.the basins consist of a mixture of bare crushed rock, boulder riprap_ and various types of concrete rubble. Vegetation along the basin shores consists of bluegreen algae mats and a very few mangrove seedlings.. A narrow zone, 10 to 20 ft. wide along the shoreline is.vegetated by a mixture of__sea purslane (Sesuvium portulacastrum) and salt grass (Distichlis spicata). The area to be filled has been designated a A,B,C, and D by the applicant (see attached plans). Area A is the end of the "L" breakwater. Although storm induced erosion has attached this area, much of it is still at an.elevation above MHW. Filling in area A can be considered reclaiming eroded land. Area B and C are on the inside of the eastern basin. An examina- tion of aerial photographs, dating back to 1975, indicates that erosion has not greatly affected these two areas. Area D is the ,entire western basin area. The western breakwater forms approximately one-half of its southern boundary. The land- ward side of area D (north) has been the site of unauthorized filling in the recent past in the form of yard trash. As a result of the unauthorized filing the affected shore is in noticeably worse condition than the other inner basin shores. The seaward sides of the breakwaters display a much healthier appearing biota than.the landward (inner) sides. Faunal compo- nents of the community were zebra periwinkle (Littorina ziczac, beaded periwinkle (Tectarius muricatus) and tessellate nerite (Nerita tessellata). With the exception of filamentous bluegreen algae, very little flora was observed on the breakwaters, probably as a result of their exposure at low tide. Waterward of the breakwaters of seafloor is composed of intertidal very gradually seaward sloping solution faced Key Largo Limestone. The fauna in this area is dominated by large numbers of the false cerinth (Batillaria minima). The flora is dominated by filamentos bluegreen algae, but the presence of significant quantities of red algae, was noted. Resolution Clayton & Joyce Whitehouse; Seawall Page Three Filling activities will cause temporally elevated levels of turbidity dissolved and particulate organic compounds in the nearby.waters. Proper use.of silt screens should be able to control these problems. Alternately, if the filling is done only at low tide when the area is exposed, there should be very little turbidity. The project will eliminate 5,200+ sq. ft. of marine habitat. Because of the very poor qulaity of the habitat that will be des- troyed, this loss is not considered to be very severe. In particular, very little macrofauna and macroflora is presently found_in the area to be filled and the._waters in the proposed fill areas fail to meet state water quality standards (Chapter 17-3.051 (a,b,c) Florida Administrative Code). The project will tend to straighten out the shoreline and thereby eliminate several discontinuities. By doing so the tendency for seaweed to accumulate in shoreline pockets and from putrescent deposits will be reduced. 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 5'+1,% day ofJ)peIL_ , 19 at a regularly scheduled meeting. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By c- 8: Mayor (Seal) Attest: flNP1! W. WHI iE, CLE1,11, Cl, APPROVED AS TO FORM AND IGAL SUFFICIENCY BY I AttomWi Off /ce -79 BOARD OF COUNTY COMMIS AAA F; �`H.enry t flel ' nkam, Director Wilhelmina Harvey, District 1 --� - - Building, Planning and Zoning .urt Blair, District 2 Mayor Protem Jerry Hernandez, Jr., District 3 MAYOR George E. Dolezal, District 4 P.O.BOX 7� Room 205 Wing II Ken Sorensen, District 5 %€3�� Publ i c.,Servi ce Building 5825 Jr. College Rd. W. ' N ®UNTY o MONROE = Key West, Floirda e 330430-43! KEY WEST, FLORIDA 33040 (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 (C. & J. Whitehouse) 3. Permit 4. Application for Permit (Seawall) 5. Site Plan 6. Location Map 7. DER Assessment DATE 3 —c2 { —C) a2 -BY TOPS 'FORM 3397 LITHO _ DEPARTMENTALCORRESPONDENCE DATE M-2-r-ch 25-1982 SUBJECT Whitehouse, C Cand . A Seawall To DEP'T C oiinty Admi ni strPtlLr' c CffirP FROM Bob Dennis Environ BiOlOgis DEP'T Planning and Znnianni Planning Znni ng LEGAL Township 63S, Range 38E, Section 18, Plantation Beach, Tract P, Plantation Key. Zoned BU-2. 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 approval to repair an existing; breakwater (Area A and B) and reclaim Atlantic Ocean shoreline lost to erosion (areas C and D). Area A will be repaired with rip -rap and cement while areas B, C and D will be filled with marl and rip -raped along their water - ward edge. The amount of fill required will be 100 c.y., to be placed below the MHW line, and 200 c.y. placed above the 1` H1,V line (DER report). In addition to the above, the Army Corps of Engineers has re- quested, and the applicants have agreed to, a circulation cut. The circulation cut will be excavated through the base of the breakwater to the depth of the surrounding bottom (see attached drawing) and will measure 30ft. in length and 6 ft. in width. The attached Department of Environmental Regulation Report dis- cusses this project in greater detail and should be read for additional information. EVALUATION: No adverse, long term environmental affects are expected as a re- sult of this project. The circulation cut should help to eliminate the "dead -water" areas now existing and improve water quality. RECOMMENDATION: : Approval. /mmp a • Jf, f r .-p� f �sLw? - //F•//'� PL1NivlNNG BUILDING & ZONING DEPART`_'IENT PERIMIT �n0NROE PEMMIT FOR EXCAVATION, THE DEPOSIT OF NO. CDUN-rY FILL, ORS STRUCTUR.'1L ACTIVITIES IN THE WATERS OR WETLANDS OF MONROE COUNTY 1) Property owners name & mailing address 2) Date FOR DEPARTMENT USE ONLY 7-13-81 Clayton C. & Joyce A. 7,17hitehouse Resolution No. RR 2 Box 18C 3) Phone number Islamorada, Florida 33036 Date: 852-8320 4) Contractor or agent's name, mailing address & phone number NIA 5) Legal description of property: Section 18 Key Plantation Beach Subdivision Tract P Townshi n 63S Lot Block Range 38E Street, road or mile marker ➢ M. 87a Oceanside Volume of material: dred;ed/excavazed filled deposited c.y. c.y. 300 c.y. c.y. waten,aard landward waterward landward of M.H.14. of M.H.W. of M.H.W. of M.H.W. L ZONING: BU- 2 PURPOSE: Cost of Permit Estimated cost of Construction Approved by Chairman BOARD OF COUNTY CO?DiISSIO:;ERS OF 'NMIROE COUNTY, FLORIDA Biologist Comments - Restrictions or Special Conditions iE any: Approval. Conv in File it7/ Date � �� y 'Y PERi;IT ; `IEPOSI._ Ii1 THE i TJILDii:G 1.1 MNING DEPARTM � PPLICr,T IO'i FOR EXCAVATION, '3F FILL. O SiRUCTL'RAL ACTIVITIES ATErI": - Property o';lncI flu:,. . ailingl address R WETLANDS L� Dd t� OF MONR,OE COUNTY For Department Clayton. C. & Joyce A. 'it�7oise 7 / 73/ $1_ RR 2 � Box ada, 13C rL 036 3 13) Phone numberIslamor 4 Contractor or agent's name, mailing ac N.A. 517E-e - 1. description of Fdo )--rty: Key, Section, 07- i o Lot, Town sh Ip, � 63 852-•3320 ress & phone number I-lintation Beach, Subdivision, Use On! Tract P Street, road cr mile marker, MM 87'1/2 ocQansid.2 Range, 38 — . . •. (if acreage) • LV,1 f 5) Describe -the proposed activity, methods of construction & amount of material, in cubic yards),_to be excavated or discharged. Reclaiming of area eroded away on private property by heavy seas in March 1979 storms :. Ind improving with fill, includin;'t retairtin�, wall, along previously altered shoreline. dredged/excavated - filled/dQposi-�+�d ,-..volume of material: C.Y. C.Y. calculated 300 C.y. C.Y. waterward lnndward' waterward landward of M.H.W. of M.H.W.of M.H.W. of M.H.W. 7 iJam2, adaress &zip code of adjoining property owners whose property affronts tinter way. Arthur Bertold Arthur & Ruth Davies - 874.31 Old Highway San Pedro Trailer Park Plantation Key, 1•L 33036 P.O. Box 1499 Key r,zrgo, r'i, 33�i3? This completed ar;licaT6—n formwill be accompanied by the following, or it will NOT be processed. a) Two (2) sets of drawings, on 81, X 11 paper, showing location, plot plan, top view and cross section of proposal, drawn to scale. b) Application processin; fee as follo,,gs: $25.00 for dred-le,'fill, docks OR, any structures affronting natural water bodies. $10.00 .for vertical scaWal.ls on man-made bodies of tvatcr. 525_00 for any combination of the obovt,- 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. or UOpartment Use On ? -/G Person accepting application X Whitehouse _7-16-31 Signature of applicant/ aopr,t Gate sa.,- recei p". Cost of por,ni t ATp roved by Assistant Director Esthilk,ted cost of coristruction �3 w t• i March 13, 1982 Cindy Shalley Department of the Army Corps of Engineers P.O. Box 4970 Jacksonville, FL 32232 Re: Permit Application No. 81J-1159 Dear Ms. Shalley: As you requested the other day on the phone, enclosed is a revised map showing the proposed circulation cut. Clayton C. Whitehouse (�(�c �vGu�j_ oy� A. Whitehouse RR 2 - Box 18C IslarrxDrada, FL 33036 enclosure cc: Teryl A. Kranzer, DFY (File Rio. 44L-45617-5E David Bishof, DER Les J. Rybak, Dept. of Natural Reso,,a-ces / Monroe County Planning, Building 6 Zoning ✓ Solid line\ is m.11.Ia P"�''CI FI(J? Fill line moved back to incomplete exi_stinp, bulkhead Below is a side view -of proposed cutaway allowing for better water circulation. It will be six feet wide, approximately thirty feet lone, and is in an East to West position which will allow prevailing winds to improve water flow. Concrete Cap M.H.W. a_ Ci-AyTm 1,1.1111TFIVUSE :P.IX R rPnrFf� r r,,Fr?�; PROPOSED LANDFILL AND BULXHFAD IN Florida Straits ARTlim PFPTOL D AT Plantation Key :�RTla1.IF?��VIFS COLR47Y Of Monroe State Of Florida 3201 GOLF COURSE BOULEVARD PUNTA GORDA, FLORIDA 33950 N, ' Of STATE OF FLORIDA BOB GRAHAM GOVERNOR Victoria Tschinkel SECRETARY DEPARTMENT OF 1ENVIRON,MENTAL REGULATION SOUTH FLORIDA BRANCH OFFICE Clayton C. Whitehouse Rt. #2, Box 18C Islamorada, Fla. 33036 Monroe Coun Dear Mr. Whitehouse: February 11, 1982 File No. 44-45617-5E, Fill As we advised you on July 27, 1981 , your application is incomplete without local approval, pursuant to Section 253.124, Florida Statutes, for filling waterward of the existing mean/ ordinary high water line. Please submit the enclosed copy of our biological comments together with your permit application to the Board of County Commissioners/City Council or their authorized permitting authority. Section 253.124, Florida Statutes, states that the county cor,mission/city council ". .shall have in hand the (biological) report and -findings thereof." It further states, "The report shall be read into the record and duly considered at the same meeting at which the board of county commissioners or other authorized body takes final action on the application for permit." You will need to obtain a copy of the__eeminutes of.thmeeting or an appropriate indication of the local..approval.. This letter',-�re'solution or copy of the minutes should be sent to this office. Your application will remain incomplete without valid local approval. If you have any questions concerning this procedure, please contact us. 91��!8sure DER Form 1'-1.122(50) Sincerely, Aj,aa �- 6,za& Richard W. Cantrell, Dredge & Fill Supervisor 'o:I1TTEHOUSI", CLAYTON C. 44-4561.7-5E Honroe. County Page Two - Plantation Key v. �.'.. �-/ 0-bbbb S�)' , A. The applicant wishes to recover land lost. -Co erosion as well as to eliminate several shoreline discontinuities. Both goals will be accomplished by filling Lour separate areas of seafloor- wetland. The waterward edge of the fill will be protected by limestone boulder seawalls mei;suring a total of 340+ ft. long. A total of 5 , 200-+- sq. f t . of littoral zone wetlands will be filled. Of this 1,800+ sq. ft. is land lost to erosion and 3,400+ sq. ft. is, previously mitered by man, littoral zone wet- lands. Approximately 100 cu. yds. of fill will be placed below mean high water (M11W) and 200 cu. yds. above MHW in order to accomplish the task. All meterials and equipment will be brought to the site over upland roads. A hackhoe will be used to aid in the placement of the boulders for the seawall. During the field inspection modification suggestions were made to the applicant. The suggestions were adapted by the applicant and incorporated into the project plans (see attached correaspondence). The project as described above and evaluated in this report re- flects the modifications. B. The project site is located on the Atlantic Ocean (south) side of Plantation Key, Monroe County. The general neighborhood surround- ing the site is a mixture of commercial, single family and multi- family developments. Adjoining the site to the west is a Mobile home park, to the east are several single family residences. The combination US 1 - SR 905 right-of-way forms the northern project site boundary. Beyond the highway is an area vegetated b tropi--a3 hardwood hammock. The Atlantic Ocean (Straits of Florida lies to the south and in the area of the project is designated as Class III waters (Chapter 17-3.081 Florida Administrative Code). The Plantation Key shoreline for some distance on either side of the project site has been altered by a variety of dredge and fill works including: channels, jettys, fills, canals, etc. It is estimated that only 10 percent of the nearby shoreline is in a natural condition. C. The project site consists of a roughly rectangular 5004- ft. by 250+ ft. (2,9+ acres) parcel of land with an irregular —shoreline. The upland areas are occupied by two buildings which are both located near the highway (north) side of the land. One of the buildings is a small multi -family residence and the other is a combination auto repair shop and ultra light airplane asseribly factory. �? 7 WHITEHOUSE , CLAYTON C . # 44-45617-5E Monroe County - Plantation Key Page Three The grounds immediately around the buildings are planted with a few ornamental trees. The remainder of the land consists of * grassed field used as an aircraft storage area and runway. The shoreline, which as stated above, is irregular in shape, can be divided into an eastern and a western basin area. The north side of both basins is formed 'by filled land which extends an estimated 25 to 50 ft. seaward of the location of the natural shoreline. The eastern basin is formed by a fill breakwater on the adjacent property to the east and an "L" shaped breakwater on the ai)plicar.t's property. The "L" breakwater is located centrally on the site and its end points to the east. A 40+ ft. wide opening in the southeastern corner of the basin points —to the southeast. The smaller western basin is formed by the west side of the above described "L" breakwater, a small east -west breakwater and the east side of a fill on the adjacent property to the west. The floor of both basins appear to be primarily composed of natural albeit altered seafloor. The elevation of the basin floors places them in the littoral zone, consequently all of the water in the basins is replaced twice a day and much of the basin floor exposed to air. Apparently, as a result of a combination of the orientation of the eastern basin's opening (southeast), the prevaling southeast winds and the abundance of floating organic material (sea*,geed), the basin has a water quality problem. The winds blow the seaweed in at high tide, which because of its resign, the basin tends to trap. The seaweed settles to form a putrescent deposit. As the deposit de- composes, gas bubbles cause patches of it to float as a surface scum. The shoreline within the basins consist of a mixture of bare crushed rock, boulder riprap and various types of concrete rubble. Vegetation along the basin shores consists of bluegreen algae mats and a very few mangrove seedlings. A narrow zone, 10 to 20 ft. wide along the shoreline2 is vegetated by a mixture of sea purslane (Sesuvi s icata) . um portulzicastrum) and salt grass (Distichlis The area to be Filled has been designated as A,B,C and D b7 the applicant (see attached plans). Area A is the end of the 'L" breakwater. Although storm induced erosion has attached this area, WHITEI10U'SEI , CLAYTON C; . #44-4.5617-5E Monroe County - Plantation 1(,?y Page Four much of it is still at an elevation above.1414W. ...Filling in area A can. be considered reclaiminc; eroded land. Area B and C are on the inside of the eastern basin. An examination of aerial photographs, dating back to 1975, indicates that erosion has not greatly effected these two areas. Area D is the entire western basin area. The western breakwater forms approximately one-half of its southern boundary. The landward side of area D (north) has been the site of unauthorized filling; in the recent past in the form cf yard trash. As a result of the unauthorized filling the affected shore is in noticeably worse condition than the other inner basin shores. The seaward sides of the breakwaters display a much healthier appearing biota than the landward (inner) sides. Faunal components of the community were zebra periwinkle (Littorina ziczac), beaded periwinkle (Tectarius muricatus) and tessellate ne_r to Nerita tessellata). Wit tTe exception of filamentous bluegreen algae, very ittl7e flora was observed on the breakwaters, probably as a result of their exposure at low tide. Waterward of the breakwaters the seafl_oor is composed of intertida" very gradually seaward sloping solution faced Key Largo Limestone. The fauna in this area is dominated by large numbers of the false cerinth (Batillaria minima). The flora is dominated by filamentos bluegreen algae, but t-ie presence of significant quantities of red algae, was noted. D. Filling activities will cause temporally elevated levels of turbidL dissolved and particulate organic compounds in the nearby waters. Proper use of silt screens should be able to control these problems Alternately, if the filling is done only at low tide when the -area is exposed, there should be very little turbidity. The project will eliminate 5,200-+ sq. ft. of marine habitat. Because of the very poor quality of the habitat that will be des= troyed, this loss is not considered to be very severe. In particul, very little macrofauna and macroflora is presently found in the area to be filled and the waters in the proposed fill areas fail to meet state water quality standards (Chapter 17-3.051(1)(a,b c) Florida Administrative Code). ' The project will tend to straighten out the shoreline and thereby eliminate several discontinuities. By doing so the tendency for seaweed to accumulate in :shoreline pockets and from putrescent deposits will be reduced.