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Resolution 251-1982 RESOLUTION 251 -1982 T\!HEHEAS, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, florida, has received an application from RONALD R TUTTLE 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 boat mooring facilities. the construction of a 115 a 4 ft. wide cantilevered control erosion and provide improved Both goals will be achieved through ft. long vertical concrete seawall with concrete dock along its length. The seawall will be located approximately 4 ft. waterward of the old shoreline. An estimated 120 cu. yds. of backfill with 80 cu. yds. waterward of mean high water (H1IW) and 40 cu. yds landward of MHW will be required. (The applicant's estimate of 70 cu. yds. with 35 on either side of MHW appears to he inaccurate). An estimated 690 sq. ft. (0.016 A) of marine habitat will be elimi- nated by the seawall and an additional 460+ 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 of 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 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. ~he Florida Bay Shoreline of the park was created by filling out into the bay. A boulder riprap revetment orginally 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 at the northeast corner of the park on a shoreline which faces Florida Bay to both the north and east (it is a corner lot). Adjoining the south side of the applicant's property is a lot belonging to Mr. Evans, on which a seawall similar to that being proposed here is found. The Evans seawall is the subject of after-the-fact application No. 440565015. Boun- ding the site's west side is the end of a unnamed road and the corner of a lot belonging to Mr. Matsinger and Mr. McGee. A seawall similar to the one being proposed here is also located on this lot and is the subject of after-the-fact permit No. 440510475. Both adjoining lots presently have trailers on them and almost all of their grounds covered by concrete pavement. Florida Bay in the vicinity of the project site is designated as Class III waters (Chapter 17-3.081, Florida Administrative Code). Resolution Ronald R. Tuttle Page Two Long Key State Recreation area is located approximately 400 ft. to the east of Outdoor Resorts. The waters of the recreation area are designated as Class III, Outstanding Florida Waters (Chapters 17-3.041 and 17-3.081, Florida Administrative Code). The applicant's property is a 95+ ft. by 46+ ft. (0.10+ A) trailer lot. As a result of the lot being located on the northeast corner of the park, two of its sides (the north and the east), front on Florida Bay. Virtually all of the site consists of uplands. 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 periwinkle (Tectarius muricatus), zebra periwinkle (Littorina ziczac, channeled turban (Turbo' canaliculatus), tessellate neri te (Neri t a tessellata) and sergeant majors (Abudefduf sacitilis). 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 macroflora. 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. 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 be less abundant and more shade tolerant than the preconstruct ion flora. The riprap at the toe of the seawall will cover and thereby eliminate 350+ 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 usually very high. BE IT RESOLVED BY THE BOARD OF COUNTY CmnnSSIONEHS OF MONHOE 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 4th day of October 19 82 , at a regularly scheduled meeting. (Seal) Attest RALPH VI. V/HITE,. CLERK ~ "lli~ f\\- p~ o.~. T Q Clerk . BOARD OF COUNTY COMMISSIONERS OF ::~::~m:;~~j ;' Hayor tf ~ . APPROVED A$ TO FORM r~712 BY _ m_';- ". <tJf~1. A".".,., om. ~ BOARD OF COUNTY COMMI"""",vOH..RS Wilhelmina Harvey, District 1 Curt Blair, District 2 Mayor Protem Jerry Hernandez, Jr., District 3 MA YOR George E. Dolezal, District 4 Ken Sorensen, District 5 ,~ ~1t1~.. l;.~.~ .,''',,,- ;l; ?~?t:,~~tf'~~':~:K~~ ~~,~r;~~~~2E (305) 2944641 Luci-en C. Proby Monroe County Attorney 310 Fleming Street Key West, Florida 33040 OFFICE OF: Director Building, Planning and Zoning P.O. BOX Room 205 Wing I Public Service Buildin 5825 Jr. College Rd. W 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 R. Tuttle) 3. Permi t 4. Application for Permit (After-the-Fact Seawall) 5. Site Plan 6. Location Map 7. DER Assessment Date 9- / 7-,5;:J.- rmJ~ -, ~~J1'\tf}~1m ff:JJ; \::>/!'- II (SJ!J SEP 21 1982 "'... COUNTY A Try. ~ 1/ t/' v \..,./" . 1/ L/ l.,/ ") By ~/~~ • DEPARTMENTAL CORRESPONDENCE I DATE: September. 14 1982 • SUBJECT: ASteA-the-Fae•t Seawate Pelrrnit App.C.ica-tion ftoiz Tilt 'Pe; soonPri R TO: Aean LessteA, VL' ecto/L , DEPT: &u.tdi.nq, ?tanning and. Zoning FROM: i • • MMv h L. RobeA.tson, Env,itr.on. 6.iot. DEPT: Ptanning and Zoning LEGAL: Section 7, Township 65S, Range 35E, Long Key Outdoor Resot.ts Amet,ica,i' Lot 245 ZONING: RU-6 • INTRODUCTION: I, This aStet-the-'Sact pe'unLt apptieati.on .is •to be Aeviewed by the BoaAd of County .Comm 4-Lonenz pwrsuant to Section 19- l 11 (a) (5) , ass it pnopo.aes to depozit .Siet below mean high wager. DISCUSSION: The apptieatLon •is 6oA an aStetc-the-Sact penmi t f oA a veAticae eonctcete seawatt with a cantitevened cap. The - to ,is a-Long a shoreline 6Aonting Ho/Lida Bay. Approx.unatety. 25 e:.y.1 oS Sitt has been placed sea wLd os the pnev-iows MHW .dine, most o(j this! ma tetr i.a. consists o U conctr.e to• and back6 te. Rip/Lap wilt be p.?aced•at, .the toe oU the seawate. The seauafi is 72 + ke t in .eength, and was con t-'wcted about 4 S ee t s eavan.d .o 6 -the pre-cons.ttcuction MHW tine. The attached.Vepan t}nent o 6 EnviAonmenta. Regu a :ion.bLo!ogicaJ Aepon t di,scuzzez this project .in gneazeA de tact. EVALUATION: • Site •inspections .,indicated that the marine oAganizms associated -with the conenete s eawatt cute .Cess. abundant and .less d'.ve't e khan .the community .in aheas where the on,ig.inat shonet ine lhaA been test intact. P.Cacement o{j /Lip/Lap at the .toe o 6 ,the s eaua e. w.i. t o ne y paAt iatt y mitigate -dubs. tozz. The bating o 6 the bay. bottom has petrmanentCy d ecAea4 ed the pnoductiv.i t y os the mat ire ecos ys.tetn. Nowevetr., the enviAonmentat damage does not, ,in my opinion, jws.i:5y a covert action ions Aemova.e o6 the non-pvtm,i.tted sea at and W.C. RECOMMENDATION: it Appnovat: Double See to be changed,' {on a6teA-,the-6act building penm.it • (Sec. 6-41, M.C.C. ); no excavation ova-tehwa/Ld oS seauatt. NOTE: C.O.E.- and D.E petrmitt, ate Aequ/Led.. Read 0 ent Venn' • 777""Zra 1.7-ret-4. F.77 /77, =7,:j1111.. l L.• Y� R io- .- .� , ; �•� PLANNING, BUILDING & ZONING DEPARTMENT PERMIT ,M0 ,1RCE (, i�;�:_ EXCAVATION, DEPOSIT THE OF NO. CMUNTY ;1 i� PERMIT FORO?: EXCAVATION, �- lJ' • FILL, OR STRUCTURAL ACTIVITIES Id THE - WATERS OR WETLANDS OF MONROE COUNTY 1) Property owners name & mailing address 2)' Date FOR DEPARTMENT USE ONLY Ronald R. Tuttle 4=20-82 Box 816 - Resolution No. Long Key, Fla. 3) Phone number • 743-2626 Date: 4) Contractor or agent's name, mailing address & phone number John Brier. Box 651 Marathon , Fla. 33050 743-2626 5) Legal description of property: Section 7 Key Long Subdivision Property Line Township 65S Lot 245 Block • . Range 35E • Street, road or mile marker U. S .#1 _ I Volume of material: dredged/excavated filled/'deposited c.y. • c.y. 40. c.y. -40 c.y. waterward landward • waterward landward of M.H.W. of M.H.W: of M.H.W. of M.H.W. ZONING: RU-6 • .PURPOSE: ,Cost of Permit Estimated cost of Construction • Biologist Comments - Restrictions or Spe:cial Conditions if any : Approval : Double fee to be charged for after-the-fact building permit (Section 6-41, Monroe County Colde) ; no excavation waterward of seawall . NOTE: C.O.E. and D.E .R permit are required Alan Lessler, Director Date Planning, Building and Zoning • T6' 'n..r; ' `:(:A :\l iM ;!Ir. fl = 1•(.. . ' !•... `c, v n .`;.d� ,✓ \. -^ ,I/.. II.I:!!e 1, !1,,1 J.1 .ny ,I:?I,I•!' I i Ir ''uttle Bo:_ 316 Lon Key ORA I I 4-20-82 773 -,? 6 6 Contractor or agent 's name, mailing address , phone C C'c . f Lf iCat1Cl number. John Drier Box 651 Marathon Florida 7 V3 legal description of property: Section, 7 Key, I Long Suhclivision;'roperty. Line Township, 65S _ Pange, 35E Lot, 245 Blcck, (if acreage) • Street, road or mi]c marker, U.S. 1 Zoning, Ru6 Describe the proposed activity, methods of construction F1 ; mount of material (in cubic yards) to be excavated or discharged. Describe purpcse 5 intended use of project. Dock' Tc /3.c o/ P�f '1)4- J= Us, c'redged/excavated ' ! .f�.l.led./denosi.ted o Rune of ,() ,� c,y, c.y'. �7 c•y• �//> ,y aterial wa erward la. .dwarc i watorward laic ara • of *,f.P.ld. o... i'.T1.w. of Y•}1 p• or ,.I.1. • ) Name, address FT zip cede of adjoining property' owners whose -property affronts water way. •'_ - vA,'S y o _ a s w )/ /9v72 t /24 a) is 4.-L4 . a) list other permits issued and/or applied fori, include apnl.i cant 's name, for this site: ' "b) If application has been submitted for this project (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 thac have ;received appl.icet'.ic 'Is tor this project. This completed application form will he accompanied by the following, or it will NCT be processed: ) Two (2) sets of drawings, on 8 z x 11 paper, showing location, plot plan, top view and cross section of proposal, drawn to scale. ) Application processing fee as follows : $75.00 for dredge, fill, docks CP. any structures affronting natural water bodies. $30.00 for vertical seawalls on man-made bodies of water. $75.00 for any combination of the above activities per site. pplication is hereby made for a permit to authorize the activities described herein. I ertify that I am familiar with the information Contained in this application, .and to the best my knowledge F, belief such information is true, complete F, accurate. I further certify that possess the authority to undertake the proposed activities. Al]. provisions of laws and rdirlances governing this type of work will be complied with w',ether specified herein or not. The ranting of a permit does not presume to give 'authority to violate or cancel the provisions of ly county, state or federal law regulating construction or performance . construction cf t is Jpe of facility. • • Z i l' cure h dpni.i o2i:i:/ a<' ;ent ii' to )r Department Use Only/ NIIC Fee a receipt Approved by i'Ss 't. IIirector acceP`, 'r?n application• On Fi •�1 /S ' ,._t,., P17;i' /.14r9 i" ',�.... i-e_rc;`_;,_: ," Y1 G-.ca.Y',,ir c/ C e.AJL. C A ur,•/.Fe G/Q�r, ::LiC, L.ai,•'..:av' I_!f :•�h:-.. \N. 1 1\, . ''46 1 '., ' ' .. , •,,, -7::-:' 3"." ' F ' :. �Ci I _f_CFjt,___ Q if.)/. IS/ / — . 1 1. . , ."' J /i I c , 1 ti;l.j n -1:: /� A4Y 1 �) 1 l 1I`I1 36-.) ' ;7: / ' it sic) I] th lit S e.f7,<F ��it` / e I i i.F•�C ...• ;$�%_i�_j1•' ./CL_e-,-.4 r.>t/T/)�'CJ� Y` i' _J 2_,1L-f ____1:2_1:Z;:'LT- !i cl,-'f_ _c-Cc[1J-/_, I I' • II *<fA./74��,f, C., ! . • ' r - . c f .-..-0.--+-►.• • . I /1 N ' 1 e c „ C . �h z. 1' r 4Nr/�F LTA 7a, 7cc%ir3 ) 'Y'U:.eK Do c i,)s l&r, r,n1,2 S-i(16- 1.1/, u1A i! ^-1— u -F,c4,n'Ay—,).1. t_ v 1?//c • 1,11Fti Drc1 L'cl-';%t'/,cT,:.., PUEtPOSE:A 1� Dcce , 57;76 . ,6.7;oi ',A r 70 ,3c U ' i��9 OATLSI1 '/£/9N Sew /Cvr 4 • ALWACEIR PTICPECATT OxtE s: IN Q C ��//, . Al T i cc r Y Of/ OvQ S STATE t Pf4*, • APPLI CAT Ic CT 1' Itt,, 63;0 { n � T I 0�✓� CATF Vir yV/9z. M e_.,& - k-- -------._�_-_-_._--_ - --. - >N ' • • .,. —, _ . _ . _ _ ___ ._.. . . .. . t.0 —f., .-...,,, — ' _ . ._ . . .. . .,,.., . ,.,.....„,.•,•.. • ... ,....•.:•.. ,. ,...., rr, . . 1 _. . ..., . . . . . • . . . . . . . . .. „ . . .. . . . • . . .. • • • . .. . . . .. • • . . . . . . . . . . . . . . . . -7,., . . • \ , • . . . . .. „ . . . . . . . . ,, . . , . . • .. ----_-_-_-_. , Dz, . , •• • . . . . . .. . . '•, . . . . • . .. . , . \ >---- • • . . , . , . . . . . . ......._., c:, ••• - . • . . . . -,..„ . •„.. •. , . . . . , . . ... . ... . , ........... ......_ . ,. . . . . • • • . . \ ,z, • • . ,,, c..4 . . , . . . . . . . . . . „ . . . . . . . . . ,, . .. . . . . . . . . . • . . . . . .. . . . , , ....A , • . . . ! 1> • . , . , . • ). { >:-..)ef: l'. • . I • v - - - b C.. - _ -- -- - - -. -- - r, r I \;� ). I D { • 1 - • I f 9.5' V • J • • • ,F TUTTLI: , RONALD R. i # 440565025 vs:: '"'' Monroe Count\ - Long Key Page Two . . A . The applicant proposes to control erosion and provide improved boat mooring facilities . Both goals will •he achieved through . :. the construction of a 115 ft .; long ve r•t ica l concrete seawall with " - - a 4 ft , wide cantilevered •con'crete dock ' along its length. The seawall will be located approximately 4 ft . waterward of the : ' . ,-, old shoreline . —An estimated ;120 cu. yds . o C hackfill with 80 cu. '` ' yds . ' waterward of mean high water (MHW) and 40 cu . . yds . landward - ..2- of M}IW will he required. (The applicant ' s estimate of 70 cu. yds . :, with 35 on either side of MIIW appears to be inaccurate) An :1` - • estimated 690 sq . ft . (0 . 0161A) of marine habitat will be elimi- nated by the seawall and an additional 460+ sq . ft. covered by the :." dock. Riprap will be placed at the toe of the seawall . r: 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. ;lsite . The seawall .and dock were •� - poured in place . I 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 ofthe 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 ofithe park leas created by filling out into the hay. A boulder riprap revetment ori. ginall rotected . the entire shoreline . Much of the revetment has been -=,r-! • over the years. Lev a series of seawalls . ' Many of the seawalls: apparently have been constructed without proper authorization. .� The A:_ y ?tr project site pis located at. the northeast corner of the park on '11}. a shoreline which faces Florida Bay to both the north and east : ;;::r (it is a corner lot) -. Adjoining the south side of the applicant's 'j�+ . property is a lot belonging to Mr . Evans , on which a seawall similar to that being proposed here is found . The Evans seawall .}.+ is the subject of after-the- fact application no . 44056501S. Boun- � A�. ding the site ' s west, side is !the end of .a unnamed -road and the `• '¢. corner of a lot belonging ' ging to Ar. Matsinger and Mr. McGee . A � - M1',4* • seawall similar to the one •heing proposed here is also located i yam.. on this lot and is the subject of after-,the-fact permit no. 440510475 . Both .adjoining lots presently have trailers on them "� Sp. and almost all of their grounds covered by concrete pavement. -. � . Florida Bay in the vicinity of the project site is designated as ( 1 rss III waters (Chapter. 17--3 . 081 ,. Florida Administrative- Code) . f ,. a 1. 2: ' TOTTLE, RONALD R. #440565025 Monroe County - Long Key Page Three Long Key State Recreation area! is located approximately 400 ft . to the east of Outdoor Resorts '. The waters of the recreation area are designated as Class III , Outstanding Florida Waters (Chapters 17- 3 . 041 and 17- 3 . 081 , Florida! Administrative Code) . C . The applicant 's property is a 95+ ft . by 46+ ft . (0 . 10+ A) trailer . lot . As a result of the lot being located on the nortTeast corner of the park , two of its sides ,(the north and the east) , front on Florida Bay . Virtually all of, the site consists of uplands . 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 periwinkle (Tectarius muricatus) , zebra periwinkle (Littorina ziczac) , channeled turban (Turbo 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 macroflora. ' 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 be less abundant and more shade tolerant than the preconstruction flora . The riprap at the toe of the 'seawall will cover and thereby eliminate 350+ 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 usually very high . • i