Resolution 167-1982
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RESOLUTION NO. 167
-1982
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, has received an application from RONALD V. FEINBERG
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 proposes to place fill to provide two housepads,
each measuring 50' x 50' x 4' and to straighten and stabilize an
open shoreline.
Deposition of fill for
of fill, all above MHW.
single family dwellings.
the housepads would involve +740 cubic yards
These fill pads would be utilized for
Shoreline fill would involve approximately 120 cubic yards of rip-
rap and backfill, of which approximately 110 would be waterward
of MHW. The line of riprap to be placed would be eight feet wide.
Fill placed behind theriprap would average 10 feet in width, ex-
tending as far back as 20 feet. The proposed shoreline would connect
seawalls to either side of the applicant's property.
The applicant's property borders the open water of Pine Channel to
the east and extends inland for approximately 250 feet. The property
is approximately 60 feet wide, sandwiched between a county road
(Kingston Lane) and a filled/developed property.
This property is primarily of a transitional wetland nature, although
it is likely that its original character was that of submergent
mangrove wetland. At some point in time, possibly during the exca-
vation of canals, channels or road construction, this property was
partially filled, bringing it up to an elevation of somewhere around
+1' MSL.
The shoreline here has apparently never stabilized and displays some
erosion. A concrete seawall has been constructed to the north about
20' waterward of the applicant's shoreline. This seawall abuts a -
deep offshore channel, as would the applicant's shoreline if filled
as proposed.
The adjacent lot to the south is essentially lacking any type of
shoreline revetment, although a short groin-like cement structure
protrudes waterward along the northern corner of this lot. .'
The applicant's property has been essentially cleared of all signif-
icant vegetation. Lot 1 appears to have been partially filled in
recent years, although this lot is outside of Departmental jusris-
diction.
Lot 4 displays a variety of wetland vegetation, the dominant growth
of which is transitional in nature. Thie vegetation includes salt-
wort (Sesuvium portulacastrum), sea blite (Sueda linearis), sea
daisy (Borrichia sp.), salt grass (Distichilis spicata), buttonwood
(Conocarpus erecta) , key grass (Monanthochloe littoralis), and
scattered black and white mangroves (Avicennia germinans and
Laguncularia racemosa, respectively). Evidence of standing water
Resolution
Ronald V. Feinberg
Page Two
and dried blue green algae was found over this lot. It is expected
that this area is unundated on extreme high tides, although tidal
connection is blocked somewhat by a higher ridge found immediately
inland of open water. This ridge displays low lying transitional
wetland ground cover before sloping waterward to the extreme high
water line where a relatively large accumulation of detritus has
accumulated. This accumulation is due, in great part, to the shore-
line discontinuity found here. Some small red mangrove (Rhizophora
mangle) seedlings were found within this wrack.
The intertidal area waterward of the wrack line is characterized
by unvegetated limerock rubble. The extent of this area ranges
from 5' to 20', with the more extensive area found over the north-
ern portions of the shoreline. It is likely that this larger inter-
tidal area was formed due to a more extensive "wash out" from waves
deflected off of the seawall to the north. Said wave deflection
would occur during periods of high southeast winds, which are pre-
dominant during the summer months. The result of this is a cove
formation with an unstabilized substrate.
From the approximate MLW line and waterward, a 4'-5' wide strip of
seagrass-dominant vegetation occurs. Seagrasses here are comprised
of Halodule wrightii and Thalassia testinum. This seagrass ledge
drops abruptly to unknown depths at the edge of the offshore channel.
Due to the generally high level of residential development in the
area, the generally scarified nature of this property and, partic-
ularly, the semi-isolated nature of this property's wetlands and its
low contribution to water quality, minimal impacts are expected as a
result of filling for the housepads.
The placement of riprap and backfill along this shoreline will short
circuit any long term succession of mangrove fringe vegetation, how-
ever, the shoreline will be stabilized while avoiding the filling
of any presently established shoreline biota. As proposed, this
project would make uniform the bulkhead line in this area.
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 28th
day of
June
19 82
at a regularly scheduled meeting.
BOARD OF COUNTY COMMISSIONERS OF
MONR ,DNTY, FLORIDA . ~"'~ ,
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Mayor
By
(Seal)
Attest:
RALPH, W. \YH~TE, CLE~K
"'1 ~M.,.-"AY) . P ~ [) ,~ .
6 Clerk .
AI. lJ La M '" I'OIfM
BY~~~A r
Anom~. OffiCIt / ~
I
Bo..Ll.R.D OF OOUNTY COMl'vti':>':>lv"ERS
Wilhelmina Harvey, District 1
Curt Blair, District 2
Mayor Protem Jerry Hernandez, Jr., District 3
MAYOR George E, Dolezal, District 4
Ken Sorensen, District 5
Lucien C. Proby
Monroe County Attorney
310 Fleming Street
Key West, Florida 33040
OK~,~l:~~~,~9E
130512944641
OFFICE OF:
Director
Building, Planning an
Zoning
p,o, BOX Room 205 Wing
Public Service Buildi
5825 Jr. College Rd.
Key West, Florida
33043-4399
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 (Ronald V. Feinburg)
3.
Permit (Upland fill and riprap seawall)
4.
Application for Permit
5.
Site Plan
6.
Location Map
7.
DER Assessment
Date h - /- j;;J.-
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JUN 7 1982
COUNTY fITTY.
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By ,.I,) "ff'~~
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ME::,CRA~~DUM
TO Alan Lessler, Director
Planning, Building & Zoning
FROM Robert Dennis ilJC)
Environmental Biologist ~\ .
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May 2l,.,~Q~2
SUBJECT Feinberg, R.
Upland fill and rip-rap seawall
Legal: Township 66 South, Range 29 East,
Section 21. Lot 1 and 4, Block
4, Windward Beach Estates, Little
Torch. Zoned RU-l
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 applicant proposes to place approximately 740 cubic yards of fill
in a previously distrubed and partially filled wetland~ Half of the
fill will be placed on each of the two lots for the purpose of creat-
ing two single family residential house pads measuring 50 feet by 50
feet by 4 feet.
In addition, 120 cubic yards of rip-rap and backfill will be used to
reclaim eroded land and establish a 90 foot seawall along the property
abutting Pine Channel. Approximately 110 cubic yards of material will
be placed below the MHW line for this purpose. The proposed seawall
will align and join with an existing concrete seawall to the north.
The attached Department of Environmental Regulation report discusses
this project in greater detail and should be read for additional in-
formation.
Evaluation and Recommendation:
Since no long-term, adverse environmental impacts are expected as a
result of this project, it is recommended that it be approved.
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~!~ PL\X?;l.XC, El'ILDEG & ZC;:DIC DEP ART?IE?lT PERl.fIT
MClNt=lClE g fRJkr-i; PEr~'!IT FOR EXCAVATImJ, THE DEPOSIT OF NO.
COUNTY '1\ LJ \ ,II! FILL, OR STRL'CT1..:R..'l.L ACTIVEIES r- THE
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~.~ HATERS OR ~-!ETL\?lDS OF l,!O;.JROE COUNTY
I 1) Property mmers nane & mailing address 2) Date FOR DEPAR'I;-lEl'iT USE m:LY
Ronald V. Feinbert Feb. 23, 1982
Post Office Box 81 Resolution No.
Summerland Key, Florida 330.42 3) Phone nUY.1ber
745-10.83 Date:
4) Contractor or aoent's name, mailing address & phone number
b
KeyCology, Inc.
414 Simonton Street
Key West, Florida 330.40.
5) Legal description of property:
294-8719
Section 21
l~e:/
Li ttle Torch Su'oJi'.'ision Windward Beach Estates.
TOw'Ilship 66S
lot
1 and 4 Block 4
Range
29E
Street, road or mile marker
Kingston Lane
Volume of material:
dredzed/excavated
filled/ c.eposited
c.y.
watenvard
o f ~!. H . H.
c.y.
1and,vard
of lLH.F.
110. c.y.
watenvard
of N. H .1;\.
750. c.y.
1and.vard
of H.H.H.
ZONING: RU -1
PURPOSE:
Cost of Pemit
Estinated COSt of Construction
lqproved by
Chail<:lan
BO,\lZD OF COeXTY Cmc-lISS Im:EES
or \IO::c,n;-: CCC::TY, FLORID.\
Biologist Comn:ents - Rcst:-ict:icns or ::;peci!J C,)l;'.:itil,n" i~ any:
Since no long-term, adverse environmental impacts are expected as a
result of this project, it is recommended that it be approved.
Conv in Fi.1~ D1tc
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MONRO!::
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Ronald V. Feinberg
Post Office Box 81
Summerland Key, Florida 33042
February 23, 1982
(305) 745-1083
~! Contr3ctor or a~cnt' s narne, sailin; :j,idrcss, p)~Gnc (; cc'rt i fiGlt ion number.
KeyCo logy, I nc .
414 Simonton Street
Key West, Florida 33040 (305) 294-8719
5) legal description of prG';Jerty:
Section, 21
Township, 66S
Fange, 29E
(if acreage)
Yey, L ittl e Torch
~uh1i\"ision, Windward Beach Ests.
P1 ock, 4
lot, 1 and 4
Zoning,
N/A
Street, roa~ or mile marker,
Kingston Lane
6) Describe the proposec actlvlty, methods of construction r; amount of material (in cuhic yares),
to be excavated or discharged. f\escribe purpcse G intendeci use of proj ect.
Proposed placement of fill within marginal wetlands for two, 50' X 50' X 4' house pads for
single-family dwellings. Placement of rip-rap seawall at or near mean high water, with 60
cubic yards backfill. Purpose is to eliminate debris pocket and to stabilize shoreline to
prevent future erosion. Materials delivered to site via truck; fill spread by dozer; rip-rap
pl aced by dragl i ne. dredged/excavated fillecljc1eposited
volume of
material
o c.y.
waterwClrd
of ;f'p.1'.'.
o c.y.
landward
of ~'.H.1".
110 c.y.
waterward
of ~(.H. w.
750 c.y.'
1 andward
of H.H.W.
7) Name,
address & zip code of 2~joining
1. Frederic Schumann
R., R. 2, Box 851-F
Summerland Key, Florida
property owners whose property affronts
2. Shawn M. McBratnie
6 Alamanda Terrace
33042 Key West, Florida 33040
water way.
-
8 a) list other pennits issued a'1djor applied for, include applicant's name, for His site:
NjA
b) If application h5s been surmitted for this project (or one similar) in tre past,
explain reason for new application and give applic;mt' s name if different from current
applicant.
NjA
9) list all Federal and State agenCles that- have recelVed appl1cat ~ms tor L0lS pro] ecl.
Florida Department or Environmental Regulation
Department of the Army, Corps of Engineers
ll;is completed applicati on fonn ,vill he accanpcmiec:1 1>1' t}'e
following, or it will l':cr be processed.
a) 1\vo (2) sets of drawings, on 8!z x 11 paper, shoh'ing location, plot plan, top view and
cross section of proposal, drawn to sC21e.
b) Ppplication processing fee as follows:
$75.00 for dredge, fi 11, dcd~s C'P any stnJCtures Dffronting natura] water bcxlies.
S30.00 for vertical sea,':alls onman-m,:](1e r01ies of water.
$75.00 for emy ccmhination of the a'hove activities per site.
.^pplication is here)))' r:1Jde for a pelTlit to aut1'ori::c tr,e 2ctivities described J'ercin. I
certify that I am falflili;l1' ,\'ith the inform:!tion cOT'taincc1 iT' this application, and to the rest
of my knowledge E, belief such info1TIation is true, complete & accurate. I furtrer certify that
J possess the authority to underta~c tIle pro;.osecl activities. JllJ provisions of 1al.;S ano
ordinallcC's .Govcrnin~ ths tn)C of ,\'ork ,\'i 1 ] he CO;l;'] ied ,\'it)l ,,;r,etJ'er specified Jlcrein or not.
granting of D permit doc~; not prcsunc to gi\"e ::ut):odty to violate or GlI1cel tJ'c provisions of
an)' count:', state or feeleral L1'.'; re~lll:itin~: co::strllction or perform:vKc or cOI'..c;truction cf tris
type of facility.
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X-XX! .XrXXXX1XX~~ fXXxW:lgcnt
KeyCo logy, I nc.
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receipt ;:
February 23, 1982
Pate
F(,1'
r\i'proved by 1'SS't. T1irector
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Estinatcd cost of CCI'strl1ctl(l::
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S KeyColo9Y, Inc.
414 Simonton St. Key West, FL 33040 294-8719
TYPICAL SEC.TION
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B,t.LKFILL I?OLJLDEJ<_ SE}>o.WAL.L- So c.,y,
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TYPiCAL SE.CTION
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50' ~
L1N'-E.ROCK. FILL PAt> }
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SCALE....
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50-')<.. so 1 FILL- P,A.,PS
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PLAN
r
y
l-
rn
K/N&5TON LANE.
URPOSE: Provide Pads for
Si ngl e-' ami ly Dwell i ngs and
Erosion Control
DATUM Mean Sea Level
DJACEN PROPERTY OWNERS:
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1. ederic Schumann
2. awn M. McBratnie
IDATE: /23/82
~PPLICA T: Ronald V. Feinberg
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~IP-R.AP
SEAWALL
'. 50 c.y,
~"""~' ~CHANNE
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PROPOSED FILL PADS, RIP-RAP
SEAWALL AND BACKFILL
IN: Windward Beach Estates
AT: Little Torch Key
COUNTY OF: Monroe
STATE OF: Florida
SHEET 1 OF 1
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STATE OF FLORIDA
808 GRAHAM
GOVERNOR
JAC08 D. VARN
SECRETARY
, .\.
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3201 GOLF COURSE BOULEVARD
PUNTA GORDA, FLORIDA 33950
DEPARTMENT OF ENVIRONMENTAL REGULATION
SOUTH FLORIDA BRANCH OFFICE
Apri 1 27, 1982
Ronald Feinburg
c/o Keycology Inc.
414 Simonton St.
Key West, Fla. 33040
Re: Monroe County, File No. 440528815,
Fi 11 and Ri p Rap
Dear Mr. Feinburg:
As we advised you on
March 8, 1982
, you=
a?plicati.on is
Sec~icn 253.124,
"'X' st" ""..... mjQ-~/
_ _ .....;...~ . _Q...J.
i~ccmplete without local aF?r~val, pu=s~a~~ to
Florida Stat~~es, for. filling waterNard of ~~e
ordinary high wa~erlin~~
Please sub~~t the enclosed copy of our biological co~ents
togetber with your permit application to the Board 0: County
Cc~~issioners/City Cou~cil or their aut~crized ?e~i.tting
authority. Section 253.l24,-Florida Statutes, states that the
county co~issicn/city cOwicil n. .shall have in hand, the
(biological) report and findings ~~ereof.n It further states,
nT~e report shall be read into the record and duly co~siiered
at t~e s~ue meeting at which ~~e board of county cO~uissioners
or other authorized body takes final action en t~e application
for permit."
You will need to obtain a CODV of the ~inutes of the meeti~g
or an appro?ri~te ineication-~f the local approval.' This
le~~er~_:esolution or c~py ~= t~7 minute~ s~oulc ~e sen~ ~o
th~s c==~ce. Ycur,appl~cat~on w~ll remaln ~nccm?~ete \~~t~out
valid local a?proval. I= you have a~y questions concer~ing
~~s ?rocedure, ?lease contact us.
Si::~e:relv,
~(Z~
JR/ck
J. Ra i ch
Environmental Specialist
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FEINBERG, RONALD
440528815
Monroe County - Little Torch
Page Two
~
A. The applicant proposes to place fill to provide two ~ousepads,
each measuring 50' x 50' x 4' and to straighten and stabilize
an open water shoreline. . .
.......
Deposi tion of fill for the housepads w011ld involve +740 cubic',
yards of fill, all above MHW,. These '.fill pads woula be utilized
for single family dwellings.
Shoreline fill would involve approximately. 120 cubic yards of
riprap and backfill, of which approximately 110 would be water-
ward of MHW. The line of riprap to. be placed would be eight .'-
feet wide. Fill placed behind the riprap would average 10 feet
in width, extending as far back as 20 feet. The proposed shore-
line would connect seawalls to either side of the applicant's
property.
B. The applicant I s property borders the open wa.ter _ of Pine Channel
to the east and extends inland for approximately 250 feet. The
property is approximately 60 feet wide, . sandwiched between a
county road (Kingston Lane) and a filled/developed property.
This property is primarily of a transitional wetland nature,
although it is likely that its original character was that of
submergent mangrove wetland. ,At some point in time, possibly .
during the excavation of canals, channels or road construction,
this property was partially filled, . bringing it up to an eleva-
tion of somewhere around +1' MSL~ .
The shoreline here has apparently never stabilized and displays
some erosion. A concrete seawall has been constructed to the
north about 20' waterward of the applicant's shoreline. This
seawall abuts a deep offshore channel, as would the applicant's
shoreline ufilled as proposed.. .
The adjacent lot to the south ~sessentially lacking any type of
shoreline revetment, although a short groin-like cement structure
protrudes waterward along the northern corner of this lot.
C. The applicant's property has been essentially cleared of all sig-
nificant vegetation. Lot 1 appears to have been partially filled
in recent years, although thisT6t i~ outside of Departmental.
jurisdiction.
Lot 4 displays a variety of wetland vegetation, the dominant grow.
of which is transitional in nature. This vegetation includes
~ '
,
FEINBERG, RONALD
440528815
Monroe County - Little Torch
Page Three
sal twort (Sesuvium portulacas tru...'"'71) , sea b Ii te (Sueda linearis),
sea daisy (Borrichia ~.), salt grass (Distichilis spicata),
buttonwood (Conocarpus erecta), key grass (Monanthochloe
littoralis), and scattered black and white mangroves (Avicennia
germinans and Laguncularia racemosa, respectively). Evidence
of standing water and dried blue green algae was found over this
lot. It is expected that this area is inundated on extreme high
tides, although tidal connection is blocked somewhat by a higher
ridge found immediately inland of open water.. 'This ridge displaYf
low lying transitional wetland ground~over before sloping water-
ward to the extreme high water line where a relatively large
accQ~ulation of detritus has accQ~ulated. This accumulation is
due, in great part, to the shoreline discontinuity found here.
Some small red mangrove (Rhizophora mangle) seedlings were found
within this wrack.
-. -
The intertidal area waterward of the wrack line is characterized
by unvegetated limerock rubble. The extent of this area ranges
from 5' to 20', with the more extensive area found over the
northern portions of the shoreline. Itis likely that this large!
intertidal area was formed due to a more extensive "wash out"
from waves deflected off of the seawall to the north. Said wave
deflection would occur during periods of high southeast winds,
which are predominant during the summer oonths. The result of
this is a cove formation with an unstabilized substrate.
From the approximate MLW line and waterward, a 4'-5' wide strip
of seagrass-dominant vegetation occurs. -Seagrasses here are
comprised of Halodule wrightii and Thalassia testudinum. This
seagrass ledge drops abruptly toun~nown depths at the edge of
the offshore channel.
D. Due to the generally high level of residential development in the
area, the generally scarified nature of this property and, par-
ticularly, the semi-isolated nature of this property's wetlands
and its low contribution to water quality, minimal impacts are
expected as a result of filling for the housepads.
The Rlacement of riprap and backfill along this shoreline will
short circuit any long term succession ot"rnangrove fringeveg-e--u
tation, however, the shoreline will be stabilized while avoiding
the filling or any presently established shoreline biota. As
proposed, this project would make uniform the bulkhead line in
this area.