Resolution 252-1982
RESOLUTION NO. 252
-1982
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF MOr,mOE COUNTY,
FLORIDA, has received an application from EVANS (NFl)
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 21 ft. long vertical concrete seawall with
a 4 ft. wide contilevered concrete dock along its length.
The location of the seawall will vary from 0 to 4 ft. waterward
of the old shoreline. An estimated 8 cu. yds. of backfill with
6 cu. yds. waterward of mean high water O~HW) and 2 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 inaccur-
ate). An estimated 80 sq. ft (0.002 A) of marine habitat will
be eliminated by the seawall and an additional 84 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.
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 recreatio~al vehicles. Many of the vehicles are
apparently permanently located.
The project site is located near the northeast corner of the park
on a shoreline which faces Florida By to the east. An unnamed
road bounds the site to the west and a small circulation canal
which is seawalled bounds it on the south. A lot belonging to
Mr. RonaldTuttle adjoins the north side of the project site. A
seawall s~_!'1ilar to the one being applied for here is located on
Mr. Tuttle's lot and is presently the subject of after-the-fact
application number 440565025.
The Florida Bay shoreline of the project site and park in general
is one which was created by filling out into the bay. A boulder
riprap revetment orginally protected the entire shoreline. Huch
of the revetment has been replaced over the years by a series of
seawalls. Many of the seawall apparently have been constructed
without proper authorization. Florida Bay adjacent to the project
site is designated as Class III waters (Chapter 17-3.081, Florida
Administrative Code).
Hesolution
Evans
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 32+ ft. (0.07 A)trailer
lot. The mouth of the previously described-circulation canal
flares out in such a manner that only 21+ ft. of the project site
fronts directly on Florida Bay. Virtually all of the lot is
uplands. A mobile home and paved areas cover most of the site
with the only exception being ornamental planters.
~he shoreline, as it existed before the seawall was built con-
sisted 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 pe~Ninkle
(Littorina ziczac), channeled turban (Turbo canaliculatus),
tessellate nerite (Nerita tessellata) and sergeant majors
(Abudefduf sacatilis). 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 seawall ties into the circulation canal seawall at its southern
end and into the Tuttle seawall at its north end. It is estimated
that the north end is 4+ ft. waterward of the MHW line which
existed prior to the seawall's construction. There is 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
elimianted 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 60+ 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 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 4th day of October , 19 82
at a regularly scheduled meeting.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
B~7L' ,{}~4/
~. ayor tf
(Seal)
At t es t : RAlPH W. V/HlTE1 CLERK
~~e~.P~.O~.
8Y~~~.
Attorney'. Office -- ~ -., h
.
BOARD OF COUNTYCOMMI~vlv"oIcnS
Wilhelmina H<;Irvey, District 1
Curt Blair, District 2
Mayor Protem Jerry Hernandez, Jr., District 3
MA YOR George E. Dolezal, District 4
Ken Sorensen, District 5
'~,,~~.
,~~~
(305) 2944641
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
~r;:j::'>"~"~"" "'7'~~~'
OKYv~!i~q~&qE
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
v
1.
County Biologist Report
t/'
2.
Resolution (EVANS)
L/
3.
Permi t V
4.
Applicat ion for Permi't! After-the-Fact seawall) L/
5.
Site Plan .~
6.
Location Map ~
7.
DER Assessment v/
Date
COUNTY ATTY.
o E PAR T MEN TAL
COR R E ~ P n N 0 ENe t
OATE: Septemb~ 1~ 1982
.
SUBJECT: A6t~-the- Fac.t Seawaii. PVl.md Appl-<.ca.tion ftOIt EvaYL6, MIt.
TO: Alan Le..6.6lVt, V-iAe.c.:tOIt_ OEPT: BtU!dirq. Plamunq and ZOlUnq
F ROu" I N\ t- \(-Mn .. L.
I' v'> LVL~ L. Robettt.6on, Env~on. 6~ol. OEPT: PlanlUnq and Zon~nq
LEGAL: Se.ction 7, lown6h~p 65S, Range 35f, Long Ketj
Outdoolt Re..6OItM 06 Ame./Uca, Lot 244
ZONING: RU-6
INTROVUCTION:
TiU-6 a6t~-the.- 6ac.:t peJuni;t application -U, . to be. Ite.v~ewed btj the. BOMd
06 Counttj CommiOJ.>~onVL6 puJL6uan.t to Section 1'1-111 (a) (5), a6 U pltOpO.6e..6
to de.p0.6U6ill betow mean high watvr..
VISCUSSION:
The. applica.tion -U,601t an a6t~-the- 6ac.:t peJuni;t 601t a ve.-w.ca1. conCJr.ete
.6eawa11. wdh a c.an.;t.{,tev~ed cap. The .6de -U, ai.ong a .6h.olte.tine. 6ti.onting
FtotU..da Bay. Applto ximateltj 15 c.. tj. 06 Mil hM b ee.n placed .6 eawMd 06
the pltevioU.6 MHW line., mO.6t 06 tw ma:tw.a.1. C0YL6.{,6U a{, c.onCJr.ete and
bac.kflil1.. R.{pttap will. be plac.ed at the. toe 06 the. .6 eawai.1. , The .6eawali.
-U, 12 + 6eet ~n le.ngth, and Wa..6 cOYL6.fJr.uc.ted about 4 6eet .6eawMd 06 the
ph (' - c.oMfJwc.Lion MHW fi He,.
The attac.hedVepa.Jttme.nt 06 Env~onmelttat Reg~tton biolog~c.a.l Ite.poltt
dt.6 C.1.!.M, e..6 tlU6 pltO j ec.:t ~n glte.atVt d e.tai.L
/:VALUATION:
I
s.Lte. ~YL6pe.c;t.{OYL6 indic.ated that the. malLiYl.e. OJtgarU.6m6 a..6.6ouated wUh the.
c.onc.ltete. .6 eawaii. Me 1e.0J.> abundant and leM diveu e.thal1 the. c.ommurUA:tj ~n
eVtea..6 wh~e. the. o/Ug~na.l .6holteLi..ne ha..6. been lent ~lttac.t. Pla.c.emen.t 06
lupna.p at the. to e. 0 n the. .6 emvall will 0 rri.tj pM;tA.a.lltj miligate tw lo.6.6.
The. 6.Leling 06 the. batj bo:ttom ha..6 pvunane.nti.tj de.CJr.ea6 e.d the pltoduc...t.i.viltj
06 the. maJt.-i.ne. ec.0.6tj.6te.m. Howe.vvr., th.e. en.v{)f.onmen~al damage. doe..6 not, ~n
my op.tIUOn, jU.6:ti6tj a C.OtJ.JL-t ac...t.i.on 601t Ite.moval 06 the nOI1-peJ!JnU:;te.d .6e.a.wall.
and 6ill.
RE COMMENVA TI ON:
Appltova.t: Voube.e. 6e.e. to be. c.hMged 601t a6teJl.-the.- 6act blLUding p(>Jr.mLt
(Se.c.. 6-41, M.C.C.)i no e.xc.ava.tion wa..te.Jr.wMd 06 .6eawa.f~.
NOTE:
p~ Me Ite.qu..tlte.d.
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PL\}'"1'l:\G, B'CILDIXG & zm:n:c DEP ;\RT~1ENT
PEf2HT FOR EXc.WATlm:, THE DEPOSIT OF
FILL, OR STR[CTURAL ACTIVITIES E~ THE
'.JATERS OR UETl.:u'lDS OF ~1O;.lROE COUNTY
1) Property m.LleyS n<!!:le & mailing addre.ss 2) Date FOR DEPAR-r.'1E~;T uSE O;:l.Y
4-19-82
MaN~OE
C:=UNTV
PE~HT
r-:o.
Hr. Evans
Box 816
Long Key, Fla.
Resolution :No.
3) Phone number
743-2626
Date:
4) Contractor or agent's nane, mailing address & phone number
John Brier #223C
Box 651
Marathon, Fla. 33050 743-2626
5) Legal description of property:
Section
7
Key
Long
Subdi':ision
Property Line
Tmmship 658
Lot
244
Block
Range
351<::
Street, road or) mile marker U. S. #1
~
dreczed/excavaced
filled/deposited
Volume of material:
c.y.
\"Taterward
of ~.H.h'.
c.y.
land\vard
of U.H.H.
15 c.y. 15 c.y.
watenvard landward
of H. H . ~~ . 0 f H. H . ~L
ZON-iNG: RU-6
PURPOSE:
Cost of Per::tit
Esti~ate~ 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 water-
ward of seawall.
NO~E: C.O.E. and D.E.P.. permit are required.
Alan Lessler, Director
Planning, Building and Zoning
Date
"/lONr"10!:! (/..)~;.}
COUNTY .~ -\1 ;,~}.:}
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,'(o;"Jl'rry. (,;\11(:'1~ 1;,~lIl' ~~ ::~:l i 1 :!~;~ :1(\:I"l':-':-'
Hr EVans 230x 816 Lorl.L: Key Florida
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Contractor or agent's n:une
, ,
John Brier J223C
I ') :"Itn
- ~_c19_82
~, 1';'(111(' m'l~11,('!.
mailing a~drl's~,
7 7' J'~ ';? ~
743-2626
Bo:\: 651 Harathon, Florida
) r cgal description cf property:
Section, 7
Township, 653
P.:mge, 3 5.i~
(if acreage)
rhOill' i; Cl'rt i !' :c;n ion llUllI!\Cr.
KC'y,
Lon~'
u
~uhlivi~i(lfl,Property Line
lot,
244
Plock,
Zoning,
RU6
Street, ro~~ or milC' m~rkC'r,
u.s. 1
; ) Dese r i be the propos ed a eti vi ty, methods of cons true t j on f, "" DUn tor mat crt 01 (in cuh ic yo res) ,
to be excavl1ted or discharged. Describe purpcse f, intC'nc1C'c1 use of project.
Po ~/! ~~ ;:;;;1&,1~~ PI SE
--
'olume 'of
12terial
d ecged/excavntcd
c.Y. 7 ,
,... enva rd .
ef ;> ~ . IT . 1': .
c.y. .
f'J] 1/1 . 1
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waten\':n'c1 l~U1d\\'anl
of ~~.P.l'.'. of ~:.HJ',r.
I~. ;\am_e, ;~;1;es/s LF,/l~l:ir-'j~C O/f ~~i~i~ p;;r.,./~~ty ('\,11Crs \\'h('~c pr0f1C'rty ClfFronts WlltC'r \\'ny.
I J /-//1" / /\<-. 0 /' -"..J /Vvv .:z AID ./JVE. )i//1H i 7,{A. .3:3 /6 J
/
.
a) list other pe~its issued a'1d/or appliec for, incJuclc 2;,pJicant's nar:!e, for t}1is site:
b) If application has been submitted for this proj cct (or OT'.e similar) in tre past,
explain reason for new application end give applicD..'1t 's n~e if different from current
applicant.
list all Fe
tate agenCIes t..at lave recelvec;. appIcatlms
"
pro] ec .
This completed application fonn \\'ill 'e accO'npmnc.
following, or it will ~CT be processed:
) 1\vo (2) sets of drawings, on 8~ x 11 paper, shrndng location, plot p]an, top view and
cross section of proposal, drawn to scale.
) Jlpplication processing fee as follows:
$75.00 for dredge, fill, decks ('p, any structures affrrnting natura], water bodies.
$30..00 for vertical seawalls onman-rwc.e roUes o{." W.:ltcr.
$75.00 for any canbination of the above activities per site.
;Jplication is hereny made for a pennit to autrorize t::c activities descrihed J'crein. I
crtify that I am familiar with the information co~tajn~c ip,tJ~is application, and to the best
: my knowledge & belief such information is true, ccmpletc G accurate. I furtr'er certify that
possess the authority to undertake trc proposed C!ct iviti C's. M] provisions of laws ann
!'dinances governing this type of work \\'i 1 1 no conr 1 icc \,'i t:' \..}ctrcr specified herein. o~ not. ire
r:mting of II pC'lT.lit docs not prCS1UTIe to gi\'c Qt1tr.o~'i~;: to \'iobte or cancel tJ'e prOVIsIons o~
"y county, state or fockral lmv rC'gt11:ltin~~ construction or rC'rfom::]T~c of constnlctirn cf thlS
~-pe of faciEty.
~l~ePtlng .pplication &
n.-,.....
.~ S? 7J).
reo & roc$7J~!
;L
Jr Department Use C'nly/
Arrroved by Pss't. ~irector
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EVANS, (NFl)
#440565015
Monroe County - Long Key
Page Two
A. The applicant proposes to control erosion and provide improved
boat mooring facilities. Both goals will be achieved through
the construction of a 21 f1. long vertical concrete seawall with
a 4 ft. wide cantilevered concrete dock along its length.
The location of the seawall will vary from 0 to 4 ft. waterward
of the old shoreline. An estimated 8 cu. yds. of backfill with
6 cu. yds. waterward of mean high water (Mil\\') and 2 cu. yds.
landlov'ard of MHW will be required. (The applicant's estimate of
30 cu. yds. wi th 15 on either side 0 f ~fH\'l appears to he inaccur-
ate). An estimated 80 sq. f1. (0.002 A) of marine habitat will
be eliminated by the seawall and an additional 84 sq. ft.
covered by the dock. Riprap will be placed at thc 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 project site is located near the northeast corner of the park
on a shoreline which faces Florida Bay to the east. An unnamed
road bounds the site to the west and a small circulation canal
which is seawalled bounds it on. the south. A lot belonging to
Mr. Ronald Tuttle adjoins the north side of the project site. A
seawall similar to the one being applied for here is located on
Mr. Tuttle's lot and is presently the subject of after-the-fact
application number 440565025.
The Florida Bay shoreline of the project site and park in general
is one which 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. Florida Bay adjacent to the project
site is designated as Class III waters (Chapter 17-3.081, Florida
Administrative Code).
',I ... t
EVANS, (NFl)
#440565015
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 32+ ft. (0.07 A) trailer
lot. The mouth of the previously described-circulation canal
flares out in such a manner that only 21+ ft. of the project site
fronts directly on Florida Bay. Virtually all of the lot is
uplands. A mobile home and paved areas cover most of the site
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 (Turbo canalicu1atus),
tessellate nerite (Nerita tessellata) and sergeant majors
(Abudefduf saxatilis). 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
macrof10ra.
The seawall ties into the circulation canal seawall at its southern
end and into the Tuttle seawall at its north end. It is estimated
that ~he north end is 4+ ft. waterward of the MHW line which
existed prior to the seawall's construction. There is 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 60+ sq. ft. of shallow sandy seafloor. Placing the rip-
rap can be expected to cause temporarily raised level~ of
turbidity. Experience with similar projects has sho~n that the
associated turbidity levels ~re not usually very high.