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Resolution 249-1982 • • } • 249 - RESOLUTION NO. -1982 WHEREAS , the BOARD OF COUNTY, COMMISSIONERS OF MONROE COUNTY, \ FLORIDA, has received an application from JOHN FARMER 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 control erosion and provide improved boat mooring facilities . Both goals will be achieved through the construction of a 41 ft . long vertical concrete seawall with a 4 ft . wide cantilevered concrete dock along its length . A 3 ft . wide staircase at the end; of the seawall will ease access to the water The seawall will be located approximately 4 ft . waterward of the old shoreline. An estimated 40 cu. yds . of b ackfill with 35 cu. yds . waterward of mean high water (MHW) and 5 cu. yds . landward of MHW will be required.' (The applicant ' s estimate of 30 cu. yds . with 15 on either side of MHW appears to be in- accurate) . An estimated 328 sq. ft . ( 0. 009 A) of marine habitat will be eliminated by thejseawall and an additional 160+ sq. ft . covered by the dock.] Riprap will be placed at the, tow of the seawall. 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. Ulithin the 30+ acre park a system of two main trunk canals with three each finger canals provide water- front access to many of the 400+ trailer lots . The park is a condominium with 95+ percent of tihe available sites presently occupied by recreational vehicles . Many of the vehicles are apparently permanently located. The Florida Bay shoreline of the park was created by filling out into the bay . A boulder riprap revetment originally protected the entire shoreline. Much of the revetment has been replaced over the years by a series of seawalls . Many of the seawalls apparently have been constructed without proper authorization. The project site is located on the Florida Bay shoreline of the park such that the bay forms its northern boundary . A manmade boat basin adjoins the west side of the site. A lot occupied by a travel trailer borders the south side of the project site and the end of an unnamed road lies to the east . Florida Bay , in the vicinity of the project site is designated as Class III waters (Chapter 17-3. 081, Florida Administrative Code) . Resolution John Farmer Page Two The applicant 's property is a 48+ lift . by 63+ ft . mobile home lot . One of the 63 ft . sides boT-ders on Florida Bay The seawallandstaircasehavereplaced44 ft . of the orginal revetment on the bay front shoreline. A mobile home and paved areas cover most of the lot with the only exception being ornamental planters . The shoreline, as it existed before the seawall was built , consisted of a boulder riprap revetment . The flora found on the revetment consisted of red, green and brown macroalgae with Laurencia sp. being the most common. Dominant macrofauna consists of beaded periwinkles (Tectarius' ttricatus) , zebra periwinkle (Littorina mitzac) , channeled turbah (Turbo canaliculatus) , tessellate n-erite (Nerita tessellata) and sergeant majors (AbudefdufsatitiIis) . The bay bOttom in front of the -seawall slope§ down- ata moderate rate. At the waterward edge of the dock, the water depth is estimateCr, to be 2+ ft . mean sea level (MSL) . The nearby bay bottom is primarily sandy with little macro- flora. The toe of the seawall is apparently located approximately 4 ft . waterward of tile old MHW line. There is very little macroflora on the seawall, apparently due to shading from the dock. The only macrofauna observed on the seawall was a few snails . As previously described, construction of the VseawaVll and dock has elinimated 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 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 eliminate 120 sq. ft . of shallow sandy seafloor, ` Placing the rip- rap can be expected to cause temporarily raised levels of turbidity . Experience with similar projects has shown that the associated turbidity levels are not usuallTvery .high . BE IT RESOLVED BY THE BOARD 0F COUNTY COMMISSIONERS OF MONROE COUNTY? FLORIDA, that the above Biological Assessment has been read into the record Vand duly considered pursuant to Florida Statute 253. 124 by the Board of Cotnty Commissioners of Monroe County ? Florida, this V 4th day o October , 19 82 at •a regularly scheduled meeting. BOARD OF COUNTY COMMISSIONERS OF MONROE C0UNTY., FLORIDA-- By Mayor (Seal) Attest; • „nig pl,F177. ALEX 4Lvtakt. . . . Clerk • APPROVED AS TO FORM AN GAL SUFFICIENCY. • BY W-•- 4 1 Attornelic Off ir BOARD OF COUNTY COMMIS - - 4- 7 OF OF: Wilhelmina Harvey, District 1 _, °`!„� Director Curt Blair, District 2 • Building, Planning and Mayor Protem Jerry Hernandez,Jr., District 3 �k7 `r s Zoning MAYOR George E. Dolezal, District 4 Ken Sorensen, District 5 j jai 1 a ! . P.a BOX Room 205 Wing I: Public Service Buildin; ,, 5825 Jr. College Rd. W OUNTY o MONROE fr Key West , Florida 1 � iP � 'P 33043-4399 1*3F KEY WEST, FLORIDA 33040 +; `z x (305) 294-4641 Luci-en 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. County Biologist Report p/ 2. Resolution (John Farmer) . i 3. Permit - . . - - I/ 4. . Application for Permit (After-the Fact Seawall) 5. Site Plan ! 6. Location Map • • 7. • DER Assessment • • Date 97' f By fri.2 • 1 t4 , `' l SEP 21 082 • • COUNTY t a 1 . • • DEPARTMENTAL CORRESPONDENCE DATE: Septembv. 14 1982 • SUBJECT: A6,ten-,the-Fact Seawa t PeAm-Lt Apptica-tion bon FaamPti John TO: Akan LessteA, D,ih.ecton ! DEPT: &utdLnq, PtannLnq and. Zoning FROM: \ MaAk- L. Roben,tson, EnuL on. B-i.o.e. DEPT: Ptanvu:ng and Zoning LEGAL: Section 7, 1oww5lup 65S., Range 35E, Long Key Outdoor Resoti,ts 06 Arnen,Lea, Lot 269 ZONING; RU-6 • 1 INTRODUCTION: • This a6te,k-the-6act peh m&t. appt i.ca ion ;ins '.to be lcev.iewed by the Boattd • o6 County Comm,ii,4.ionetc pcuisuan,t .to; Section 19-11l (a) (5) , ats it pnopose4 -to depos-L e below mean Gogh wa,en. • DISCUSSION: • The appf Leat.ion Ls bon an a6teh.-.the-6act peAmit bon a venticat conene.te seawa J. with a cantilevered cap. The site is aron.g a shoneLine 6Aonting F.1on-ida Bay. Apptcoximateej 20 c:y. o6 6.itt has been placed seaward o6 -tore' pnev.iows MHQ tine, most o{j .th4 mate' icu?. cohziA•ts o6 cona etc and bacE6it . R.ipnap w,PJ. be placed•at ,the -toe o6 .the 4eawaet. The 4eawai ,ts • 47+ 6eet. .in•.length, and wets .cowsLucted about 4 6eet 4eawand o6 the pie-cons.ttLuction MHW .f.i.ne. The a ttached-Depcur trnen.t o 6• Env.ur.onmentat Regwea.tion b,iotog,ica2 nepotr t discu4ses du, project ,in greaten deta t. EVALUATION: Site n pecti.ov>,s •'.indicated ,that the; matr,ine organ-toms as4oc crated with .the concrete 4 eawaa ante £e ss abundant and .less diverse than .the community .in auLea4 where the on.ig.inae 4hone.P.i.ne has. been .Le6t intact. Placement o6 tr,Lptr.ap at ,the ,toe o6 the seawatt wilt oney panti.a ey mitigate th-to ) oss. The 6itt.ing o6 the bay.bottom hays peJLmanen tP y decILeas ed .the pnoductiv,l t y o6 the marine ecosystem. HoweveiL, .the env.inonmenzat damage does not, .in • my op-utcon, jurti.6y a coutr t action :bon nemovai. o6 ,the non-pennu tted•s eawa t and 6L 2.. . RECOMMENDATION: Appnova.C: Double bee .to be chw ged 6o/L a6.tet-.the-6ac.t building pe umtt (Sec. 6-41, M.C.C. ); no excavation, wateAwand o6 seawatt. NOTE: C.O.E.. and.D.E.R. pel mitis an'e lLegwt'Led. Read f� ;� / • `'o�G e�rt Denv �.�� tom: '=i T�7 • .�„� r.: � - -.. •��c--' �� PLANNING, BUILDING & ZC2IiG DEPARTMENT T PERMITrvi NO= , PERMIT FOR EXCAVATION, THE DEPOSIT OF NO.C�umY FILL, OR STRUCTURAL ACTIVITIES IN THE WATERS OR WETLANDS OF MONROE COUNTY 1) Property owners name & mailing address 2) ,Date FOR DEPARTMENT USE ONLY 4-19-82 • John Farmer Resolution No. . Box 816 3) ;Phone number . Long' Key Fla. 743-2626 Date: 4) Contractor or agent's name, mailing address & phone number John 'Brier 223 C • Box 651 • • Marathon , Fla. 3.3050 5) Legal description of property: • • Section 7 Key Long Subdivision Property Line Township 65S Lot 269 Block Range 35E Street, road or; mile marker U.S . #1 Volume of material: dredsed/excavated filled/deposited Dock for private use • c•y• c.y• ; - 20 . c.y• 20 c.y. waterward landward waterward landward of M.H.W. of N.H.W. i of M.H.W. of M.H.W. ZONING: RU-6 • PURPOSE: • • • Cost of Permit • Estimated cost of Construction Biologist Comments - Restrictions or Special Conditions if any : Approval : Double fee to be charge for after-the-fact building permit (section 6-41, Monroe County Code) ; no excavation waterward of seawall • NOTE : C.O.E . and D.E .R. permit are required. Alan Lessler, Director Date . Planning, Building and Zoning .ti N-r , ~r' / -,T1T . .'�••�•1 \N, ,` (l'• ,''l�\j5 r,-- \ - -______—___ . r C.,, �.\• elvn.ers ia.n 6 (mail . g address ` , , _ ' ,. :Iy n1.7. .nr Key.r. Far�.ier �ox816 Lo;1 • Lot # 269 ; L;.-19-32 7 9.3 .,4A I Contractor or agent's name, mailing address , phonp certification number. John Brier 223 C Box 651 Harathon, Florida - legal description of property: Section, 7 ?'ey, Lo,-l;, Suhdivis on, pro-)er-I,y T,1 ' Township, 65S Pange, 55E Lot, 269. flock, (if acreage) • Street, road or mile :Barker, il_S.1 coning, RU6 Describe the proposed activity, methods of construction g amount of material (in cubic yards) to be excavated or discharged. Describe nurpcse i=, intended use of project. °©c K T-o PI PW/IJA - aET . . . dredged/excavated- :f}?.led/d'er.osited dune of c.y. c.y. ! . 2. 1 c.)r. . . ? 0 C.Y. ' :aerial waterward l cndwayd ' j • waterwurd landward' of '''..I?.TV. of )f,?-I.`,. of Y.P.W. o17 '\` ','• Vane., address oinin_ property owners \•hose property oF� ro is water way. zip tale of. �r�.j R ) ' - Edwin) ,t,.9u ,acx 6-3 7;4 if.e ziW£ i� 4. �u /�. . .2 6 /5 �o.H�S . Q _ - g L o 6 /f EL41•',g A 0. J) 1�A $3 ') /o rv`- /ti l� r 4 -_. 3 3 c:c) /.. a) List other permits issued and/or applied. for, include applicant's name, for this site: i . 1 ) If application has been submitted for this protect (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 ap' caticns for tris project. This completed application fora will be accanpalier`• Thy the following, or it will NCI' be processed.' 1 Two (2) sets of drawings, on S. x 11 paper, showing location, plot plan, top view and cross section of proposal, drawn to scale. Application processing fee as follows : 1 $75.00 for dredge, fill, docks Cl'. any structures affronting natural water bodies. $30.00 for vertical seawalls on tan-Made bodies of water. • $75.00 for any combination of the above activities per site. • • aplication is hereby made for a permit to authorize the .activities described herein. I ertify that I am familiar with the information contained in. this application, and to the best r my knowledge f, belief such information is true,' complete c, accurate. I further certify that assess the authority to undertake the proposed activities. ;ill. "provisions of lows and, rdinances governing this type of work will he complied, with. whether specified herein Or not. The -mating of a permit does not presume to give authority to violate or cancel the provisions of ny county, state or federal law-regulating construction or performer e of .construction Of his yp of facility. - . r' • - • aiar. .1r1 .i.. ant agent 1`/ LC or Department Use Oily/ - - • • '1774)10 Iv7X Fee �;,rcceipt- Approved by Pss't. Director rc-�,h- :, application F7 i 13 ok,. - • . yy1 AS 11Y I WdV ' •�/.t 71V1t Z yr/O ff 40 uPGv, - T- WI ur�waw t►c�arr� T 9!►_3•y 6'-_?S' n'6,:74/ ►iruro -•.Ofi/—12(2 ?!7sw 41i,'[11 c( Jri - . y4, • A t rn r s1 B jJ i s Cv u J .7 ney/;N 2 x 7 per • V y . - -. -► 3, , I f • r mil' 7A. VV ��(/ , - q -7/7717.9-_5-,.y c7771 r-ry.!� ��'�I7 rr.)7 - `/ ,3''-%7�rtC •Y-rAP f .' / _i,) r rr . n c' :7- i1`71I�'��'`7—. , / .:(, ,/ Zrb•'s `� I p `,�'',S j; . Af • N'e1,1,1V1:,i Ill • , /"1-5., OX (-1-, /,‘,/rD\(R-\...\-\;-\.\\ /vy yd. orDB f--, -t-/ - r '01 'i-w>C1- . 2(:)\\\\ . I 0 i ,1/:" K:t&s:;)1% • • y ,. - e- ---/-1Fr • 12 •Ir".7-1YW S' i 1 L c5 :: M . Oq_ � ccy r117 I • .1V d Tx ��2/? 1j72.`.2—QY ISM t1 r1`/r 6 N .T. /,5 S/C/X i. — -- ! • • \ l • • • • to Co,:t. PAT /' • S 0F� i l TI/a. �fL1• 1 • • i Ii ° _.:_.41 ',, • ILR,r4 p ' A«el/7r 7n.r'1 . b , . . . • FARMER, JOHN #440565035 - Monroe County - Long Key . - - - Page Two A. The applicant_ proposesto control erosion and ` provide • improved boat mooring facilities . Both; goals will be achieved through the construction of a 41 ft . tong vertical concrete seawall with a 4 ft. wide cantilevered concrete dock along its length. • A 3 ft :: wide staircase -at the !end of the seawall will ease access to the water. The seawall will be located approximately 4 ft . waterward of the old shoreline . An estimated 40 cu . yds . of backfill with 35 cu. yds . waterward of mean high water (MHW) and 5 cu. yds . . landward of MHW will' be required . (The applicant 's estimate - of 30 cu.. yds . with 15 on either side of MIIW appears to be in- accurate) . An estimated 328 sq . ft : (0 . 008 A) of marine habitat will be eliminated by .the seawall and an. additional 160+ sq . ft . covered by the dock. Riprap will be placed at the . toe of the seawall . . . 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 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 - 30+ acre park a system of two main trunk canals with three each - finger canals provide waterfront access to many of the 400+ trailer lots . The park- is a condominium with 95+ percent of the available sites presently occupied by recreational vehicles . Many of the vehicles are apparently permanently located. _ . The Florida Bay . shoreline of .the park was created by filling out _ into the bay. A boulder riprap revetment originally protected - -the entire shoreline . Much of; the revetment has been replaced over the years by a series of seawalls . Many of the seawalls apparently have been constructed without proper authorization. The project site is located on the Florida Bay shoreline of the park such that the bay forms its northern boundary. A manmade boat basin adjoins the .west side of the site . A lot occupied, by a travel trailer borders the south . side of the project site 'and the end of an unnamed road lies to the east ." Florida Bay , - in the vicinity of _ the project site .is designated as Class : 11I waters (Chapter 1 7- ; ..081 , F7nrida .Administrative Code) . }.crIg }:,ev State Recreation area is located approximately 400 ft . to • the cast of Outdoor :Resorts . .`1'lic waters of thc .:r"ccrcat ion area are : ,. . designated as Class "ILI , Outstanding Florida Waters � �•iptcrs 17- 041 and 17 -3 . 0.81 , Florida AdminiStiativc Codc) , 3 ME I FARMER, JOHN #440565035 Monroe County - Long Key Page Three C. The applicant ' s property is a 48+ ft . by 63+ ft . mobile home lot. One of the 63 ft . sides borders on Florida Bay . The seawall and staircase have replaced 44 ft. of the original revetment on the bay frontshoreline . A mobile home and paved areas cover most of the lot with the only exception being ornamental planters . The shoreline , as it existed before the seawall was built , consisted of a boulder riprap revetment . The flora found on the revetment consisted of red , green and brown macroalgae with Laurencia sp . being the most common . Dominant macrofauna consists of beaded periwinkles (Tectarius muricatus) , zebra periwinkle (Littorina ziczac) , channeled turban (Tur o canaliculatus) ,. tessellate nerite (Nerita tessellata) and sergeant majors (Abudefduf saxitilis) . The bay bottom in front of the seawall slopes down at a moderate rate . At the waterward edge of the dock , the water depth is estimated to be 2+ ft . mean sea level (MSL) . The nearby bay bottom is primarily sandy with little macro- flora. The ,toe of the seawall is apparently located approximately 4 ft . waterward of the old MHW line . There is very little macroflora on the seawall , apparently due to shading from the dock. The only macrofauna observed on the seawall was a few snails . D. 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 community will generally he less abundant and more shade tolerant than the prcconstruction flora . The riprap at the toe of the seawall will cover and thereby eliminate 120 sq . ft . of shallow sandy seafloor. Placing the rip- rap can be expected to cause temporarily raised levels of turbidity. Experience with similar projects has shown that the associated turbidity levels arc not usually very high .