Resolution 221-1982
RESOLUTION NO.
221
- 1982
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, has received an application from
and
RONALD FEINBERG
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 stabilize an open-water shore-
line.
Deposition of fill for the housepads would involve !750 cubic yards
of fill, all above MHW. These fill pads would be utilized for single
family dwellings.
Shoreline fill would involve approximately 60 cubic yards of riprap
and backfill, of which nearly all would be landward of MHW. The line
of riprap to be placed would be several feet wide and approximately
3 feet waterward of MHW. Fill placed behind the riprap would also
average approximately several feet in width. 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 (King-
ston 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 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 abutts a
deep offshore channel, which parallels the shoreline in this area.
The adjacent lot to the south is essentially lacking any type of shore-
line 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 significant
vegetation. Lot 1 appears to have been partially filled in recent years,
although this lot is outside of Departmental jurisdiction.
Lot 4 displays a variety of wetland vegetation, the dominant growth of
which is transitional in nature. This vegetation includes saltwort
(Sesuvium portulacastrum), sea blite (Sueda linearis), sea daisy (Bor-
richia sp.), salt grass (Distichilis spicata), buttonwood (Conocarpus
erecta), key grass (Monanthochloe littoralis), and scattered black and
white mangrove (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 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 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 extend of this area ranges from 5'
to 20', with the more extensive area found over the northern portions
of the shoreline. It is likely that this larger 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
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 sea-
grass-dominant vegetation occurs. Seagrasses here are comprised of
Halodule wrightii and Thalassia testudinum. 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, particularly, 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, however,
the shoreline will be stabilized while avoiding the filling of any
presently established shoreline biota.
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
23rd day of
August
, 19 82
at a regularly scheduled
meeting.
BOAR~OUNTY CO~1MISSIONERS OF
::NR~'C:L~D~ 1~
P Mayor
(Seal)
O"l, ~U 'H '~~!~!T': CttIDK
Attest: h.n ~-U 'i.ir. ~:i1i~~_, .....
M\r~)(\'\. P ~ ,OC
cr- erk
AI'MOVED AS TO FORM
BY ~~~i2~t,
OHy~r;~R~~,~9E
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
BOARD OF COUNTY COMIVII..)vlu"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
(3051 294 4641
Lucien C. proby
Monroe County Attorney
310 Fleming Street
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/
1.
County Biologist Report
v/
2.
Resolution (Ronald Feinberg)
L/
3.
Permi t
/
4.
Application for Permit(Upland fill and rip-rap
seawall)
'V
5.
Site Plan
~
6.
Location Map
v
7.
DER Assessment
v
Date '7.- (.~ O-J2--
By 4n.C2J-d
----------
MEHORANDUM
DATE:
July 13, 1982
TO:
Alan Lessler, Director
Robert Dennis, K. f)
Senior Biologist W
FROH:
SUBJECT:
Feinberg, R.; Upland fill and
rip-rap seawall.
LEGAL:
Twsp 66S, Rge 29 E, Sect. 21;
Lots 1 and 4, Block 4; Windward
Beach Estates, Little Torch Key.
This project corr~ntutes a modification to the application approved
by the Board of County Commissioners on June 28, 1982.
As shown on the attached site plan, the amount of fill for the house-
pads has been increased from a total of 740 cubic yards to 750 cubic
yards. In addition, the rip-rap and backfill has been reduced from
120 cubic yards to 60 cubic yards, most of which will be placed land-
ward of Mmv.
Attached, for your information, is a copy of my report dated May 21,
1982, the revised Department of Environmental Regulation Report, and
the revised plans for the seawall and fill received June 6, 1982.
Recommendation: Approval
RD:cm
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PL\1iH:iG, Bl:ILDE1G & zo~:n;G DEP.\RT~IENT
PEm-IIT FOR EXCAVAl'Im:, THE DEPOSIT OF
FILL, OR STRl:CTURAL ACTIVITIES IN THE
HATERS OR HETLAt'lDS OF }10~ROE COUNTY
1) Property m.rners na:.J.e & mailing address 2) Date FOR DEPARTNE~iT liSE m:l.Y
7-8-82
MaN~aE
COUNTY
PERinT
NO.
Mr. Ronald Feinberg
Post Office Box 81
Summerland Key, Florida
Resolution No.
33042
3) Phone number
745-1083
Date:
4) Contractor or agent's nane, mailing address & phone number
KeyCology, Inc.
414 Simonton Street
Key West, Florida 33040
5) Legal description or property:
294-8719
21
Key Li tt Ie Torch
Subdi':ision Windward Beach Estates
Section
TO.....'11 ship 66S
Lotl and 4
Block
4
Range
29E
Street, road or mile marker Kingston Lane
dredzed/excavated
filled/deposit::d
Volume of material:
c.y.
waterward
of M.H.H.
c.y.
land\"ard
of H.H.H.
10 c.y. 800 c.y.
waterward landward
of N.H.H. of H.H.H.
..
ZONING:
PURPOSE:
Ccst or Per::1it
Esti~ated cost of Construction
Approved by
Chain:,an
BO.\RIl OF COU::TY Cmr:nSSlm:ERS
OF :lm;RO[ COC:--:TY, FLO!.HD,\
Biologist Corr:.:l,ents - RcstYic~:.ons or Srecio.1 Cocditi.o:1~; i: [lny:
Approval
Co,v in File D3te
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Ronald V. Feinberg
Post Office Box 81
Summerland Key, Florida 33042
February 23, 1932
(305) 745-1C33
Contr~ctor or age:::":: ;::~L:~e, :::~ilir:~~ ~:(:\:r:_'~s, t~'r:('::c
KeyCo logy, I nc .
414 Simonton Street
Key West, Florida 33040 (305) 294-8719
cc'r: ific;ltio:l nt:;;-H.~cr.
legal de:::cripticn ci pn":.Jcrty:
Section,
TOi\11sh.ip,
Fange,
21
66S
29E
Key, Little Torch
~ul'di\'i:.;icm, Windvlard Beach Ests.
I t 1 and 4
o ,
Plock, 4
(if acreage)
Zoning,
N/A
Street, r03~ or milc marker,
Kingston 'lane
) Describe the proposed activity, methods of construction F; amount of material (in cu'hic yares),
to be excavated or discharged. Describe purpcse 8 intendeo use of proj ecL
Proposed placement of fill \'Jithin 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
placed by dragline. dredged/excavated filleoloeposited
'olume of 0 c . y . 0 c . y . 11 0 c . y . 750 c . y. .
laterial ,.;aterward land\\ard waten-lard landward
of :~. p .\'; . of ~A. H. Y. of ~(. H . W ._9f t1. H .'I'! .
address ~ zip cede of 20joining
1. Frederic Schumann
R. R. 2, Box 851-F
Summerland Key, Florida
property o\..ners w1!ose property affronts
2. Shawn M. McBratnie
6 Alamanda Terrace
33042 Key West~ Florida 33040
\-later 'I.\ray.
') Name,
-
l a) list other pennits issued 2.'1d/or applied for, inc]ude applicant's name, for tr.is site:
NjA
b) If applicatioo hc.s ceen subnitted for this project. (or or..e similar) in tre past,
exnlain reason for ne\.; application end give applicant's ncme if different from current
applica,'1t.
N/A
9) list all Federal ana State agenCles u,at- have receIved appl1catlms tor trls proJ ect.
Florida Department of- Environmental Regulation
Department of the Army, Corps of Engineers
l1:.is completed applicaticm fonn \\ill he accanpaniec1 by t!;e
follOl,;ing, or it will i':cr be precessed.
a) THO (2) sets of cra\-!ings, on S!i x 11 paper, shO\<.'ing location, plot plan, top vie\\r and
cross section of proposal, dra\vTI to sC2]e.
b) Ppplication precessing fee as follows:
$75.00 for dredge, fi 11, dcd~s ('P, any structures affronting natura] \"ater bo:lies.
S30.00 for vertical sea\.;alls on man-Jll~d(' rolies of \.;ater.
$75.00 for any canbination of the ahove 2ctivities per site.
.:'pplicJtion is 1-.erehy DGde for a permit to auU'ori:c the :l.ctivities descrihed ]'crcin. I
certi::-y t}~a"'" I ~1 familiar \dth tl'c info1l'I:!tion cO'rtail".':'c! iT' t1,is 31')p1ication, :md to the rest
of my tTlO\-:1cdge C; belief such information i5 true, cO:l\plctc (, accurate. I furtl'er certify that
I possess the 3ut},ority to undcrta~'e th' proposed 3ctivitics. fill provisions of 13.\,'5 ann
ord in :,11COS g m'crr: j ng tl:i s t:-TJc of hod: \,'i 11 be c cmp 1 i cd \,:i tl1 \.:l'ctl'er speci r i cd l1crein or not. 'n
~rant i;:~ of J llerr.:i t dcC?s nOL rrc:;u11c to gi,'c :!utJ:or i ty to vio1::rte or G1I1cel tl'e rrovisi ons o~
an)' co'-mty, S~.<:ltc or fc(lcra1 1<1\,' rcglll:ttii'lg co::~trllctjon or pCrfOlll1;PKC' or COJ"...c:.tnlCtim cf trls
type 0: facility.
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February 23, 1982
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'-...1:; Kc-yCc, k. f' y, Inc. 414 SImonton 51. Key West, FL 33040 294-8719
June 1, 1982
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Les J. Rybak
Department of Natural Resources
3900 Commonwealth Boulevard
Tallahassee, Florida 32303
MONRO':' Cft'. 13LDG. DEPT.
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8(;7" , ~
Re: Ronald Feinberg
File No. 440528815
Dea r Mr. Rybak:
~
We are in receipt of your letter of May 20, 1982, recommending
that we relocate the proposed rip-rap to within three feet (31) of the
present M. H. W;
I spoke with the applicant regarding the modification. The
applicant is disappointed as this area will continue to be a debris
entrapment, but rather than to face mountains of paper work along with
timely and costly delays, he agrees with your realignment of the seawall.
Enclosed please find the revised drawing dated May 25, 1982.
We assume that this plan will now meet with your agency's approval and
a permit can be issued within the very near future. We are also sending
modified drawings to the local and federal permit agencies.
If you need any additional information, please do not hesitate
to contact us.
Sincerely,
~ ~ .~~
Randal V. Brown
Environmental Planner
RVB:u
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Enclosures
cc: Ronald Feinberg
Jim Raich, Department of Environmental Regulations, Punta Garda
yindy Shalley, Army Corps of Engineers, Jacksonville
~Monroe County Building Department
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PURPOSE~: PI^ovi de Pads fOI"
~inqle-FamilY Dwellings and
IErosion' Contxol
bATUM i: ~0, n Sea Level
!ADJACENT PROf'cRTY miNERS:
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1. F)"edcrlc Sc umann
2. shawn M. McBratnie
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DATE: 2/23/82
f\DD'lrlWT. Rnlli11rl V. Fr;nhpl^O
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'PROPOSE D
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PROPOSED FILL PADS, RIP-RAP
SEAWALL AND BACKFILL
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IN: Windward Beach Estates
AT: L i ttl e Torch I:ey
COUNTY OF: Monroe
STATE OF Florida
cucrT 1 1
. S Ke,yCology. Inc.
414 Simonton SI. Key West, FL 33040 294-8719
July 8, 1982
Alan Lessler
ATTN: Jackie
Director Planning, Building
and Zoning
Room 207, Wing II
Public Service Building
5825 Junior College Road
Key West, FL 33040
Dear Alan:
'1-P~.
Please find enclosed Ronald Feinberg's biological report. Would you
please have this read into the minutes of the next County Comm;,ssi'on
meeting as it is a requirement of the State of Florida.
Thank you for. your consideration in these matters and would you
please have a copy of the minutes forw ed to me.
State of Florida
DEPARTMENT OF NATURAL RESOURCES
BOB GRAHAM
Governor
GEORGE FIRESTONE
Secretary of State
JIM SMITH
A ttorney General
GERALD A. LEWIS
Comptroller
BILL GUNTER
DR. ELTON j, GISSENDANNER
Executive Director
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard. Tallahassee, Florida 32303
Treasurer
DOYLE CONNER
Commissioner of Agriculture
RALPH D. TURLINGTON
Commissioner of Education
June 30, 1982
Mr. Ronald Feinberg
c/o Key Cology, Inc.
414 Simonton Street
Key West, Florida 33040
Dear Mr. Feinberg:
This office has no objection to your project, as revised,
in DER permit application number 440528815, dated March 1,
1982, showing the location in Section 21, Township 66 South,
Range 29 East, Monroe County, Florida.
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,
~O~
Henry Dean
Interim Director
Division of State Lands
HD/lrb
cc: DER - Punta Gorda
DIVISIONS I ADMINISTRATION LAW ENt~ORCEMENT MARINE RESOURCES
RECREATION AND PARKS RESOURCE MANAGEMENT STATE LANDS
3201 GOLF COURSE BOULEVARD
PUNT^ GORDA, FLORIDA 33950
BOB GRAHAM
GOVERNOR
Victoria Tschinkel
SECRETARV
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
SOUTH FLORIDA BRANCH OFFICE
July 1, 1982
Ronald Feinberg
c/o Key Cology, Inc.
414 Simonton Street
Key West, Florida 33050
Monroe County~ File No. 440528815,
Fi 11 & Ri prap
Dear ~1r. Feinberg: .
As we advised you on March 8, 1982 , 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 Councilor their authorized permitting
authority. Section 253.124, Florida Statutes, states that the
county commission/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 commissioner~
or other authorized body takes final action on the application
for permit."
You will need ~o obtain a copy of the minutes of the meeting
or an appropriate indication of the local approval. Thi,5
letter, resolution or copy of the minutes should be sen" t~
this office. Your application will remain incomplete w '~~ut
valid local approval. If you have any questions concer!. ing
this procedure, please contact us.
RWC/wr
Enclosu:=e
Sincerely,
q' r (j n j' l 1/1, / rrJ.' ,t:i~.rl(
V lA..UJ..<. v...' , .,. ,
Richard W. Cantrell,
Dredge & Fill Supervisor
!) ER :' o:=:n 17 -1 . 122 (5 0 )
f FE 1:\ i3ERC, IW:\ALD
440528815
~,i 0 n roc Co u n t y - Lit tIe Tor c h
rage T\\'o
A. The Jpplicant proposes to place fill to provIde t~o housepads
(e~ch Densuring 50' x 50' x 4') and to stabilize an open-water
shoreline.
Deposition cf fill for the housepads h'oulJ im'olve +750 cubic
yards of fill, all abo\'e Jo.IH,\'. These fill pads would be util-
i:eJ for single family dwellings.
Shoreline fill wO\lld involve approximatel;' 60 cubic yards of
riprap and backfill, of ~hich nearly all wO\11d be landward of
:-1I1\\'. The line of riprap to be placed would be several feet
\\'ide and approximately 3 feet \';aten\'ard of H!1h'. Fill placed
behind the riprap would also' average approximately several
feet in h'idth. The proposed shoreline would connect sea\valls
to either side of the applicant's property.
B. The applicant's property borders the open water of Pine Channel
to the east and extends inland for approximately 250 feet. The
property is ~pproximately 60 feet wide, sandwiched between a
county road (Kingston Lane) and a filled/developed property.
T]lis 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' \\'aterward of the applicant I s shoreline. This
seawall abuts a deep offshore channel, which parallels the
shoreline in this area.
The ::diacent lot to the south is essentially lacking any type of
511,j .'-ne rc\'etment, although a short groin-like cement structure
Pl'. I des \\'aterward along the northern corner of this lot.
C. Th(~:\plicant's property has been essenti~py cleared of all
51" 1. ic'nt vegetation. Lot 1 appears to have been partially
l-iL~d in recent years, although this lot is outside of
p \,' 11:: ';' t J:l C' n tal j 11 j' i s die t ion.
Ll)1! Jis!1Ll)'S a \'aLiet)' of \\etland Vl'gct:1tion, the dominant
~ruhth 01' hhich is transition:1} ill n~"tllre. This \'e~l'tation In-
,,: 11l1.1c' s s:il t h" 0 r t ( S (' S U vi 1..1 1'\ ]1 0 r t Ul;1 C :1 S t run). ~ C J h 1 i t~, (S II cd a
FEINBERG, RONALD
440528815
Monroe County - Litt:~ Torch
Page Three
linearis ), sea ~3isy (Borrichia sp.) salt grass (Distichilis
splcata), buttoil''''JOU (Conocarpu;-; erecta), key grass (Monanthochloe
littoralis), an~ scattered black and white mangrove (Avicennia
germinans and La:~ncularia racemosa, respectively). Evidence
of standing wate: and dried blue green algae was found over this
lot. It is expe.::ed that this area is inundated on extreme high
tides, although ~idal connection is blocked somewhat by a higher
ridge ~ound imme~iately inland of open water. This ridge displays
low lying transi~ional wetland ground cover before sloping water-
ward to the ex tr2-J1e hi gh \\'a tel' 1 ine where a re la ti ve ly large
accumulation of ~etritus has accumulated. This accumulation is
due, in great pa:-t, to the shoreline discontinuity found here.
Some small red m~ngrove (Rhizophora mangle) seedlings were found
wi thin this wrac;:.
The intertid~l a:-ea waterward of the wrack line is characterized
by unvegetated 1:8erock rubble. The extend of this area ranges
from 5' to 20', ~ith the more extensive area found over the
northern portiOTI5 of the shoreline. It is likely that this larger
intert idal area ',",.-as formed due to a more ex tens i ve "wash out"
from waves defle.:ted off of tbe seawall to the north. Said wave
deflection would occur during" periods of high southeast winds,
which are predoffi~nant during the summer months. The result of
this is a cove f~rmation with an unstabilized substrate.
From the approxi=-_ate MLW line and waterward, a 4'-5' wide strip
of seagrass-domi~ant vegetation occurs. Seagrasses here are
comprised of Halcdule \\rrightii and Thalassia testudinum. This
seagrass ledge a:-aps aoruptly to unknown depths at the edge of
the offshore cha~nel.
D. Due to the gener~lly high level of residential development in the
area, the genera:ly scarified nature of this property and, par-
ticularly, the 52-~i-isolated nature of this property's wetlands
and its low cont:-ibution to water quality, minimal imp:1cts are
expected as a re~ult of filling for the housepads.
The placement of riprap and backfill along this shore-Jnc will
short circuit an:-- long term succession of mangrove fr"1f!c vege-
tation,however, :he shoreline will be stabilized whi. avoiding
the filling of 3.:-_~,' presently established shoreline bic~3..