Resolution 162-1983
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RE$~CU~I~N N~+ 162
-1983
WHEREA$, the B~ARD ~f ~CUN~M C~mmI$$I~NER$ ~f m~NR~E C~UN~M,
fC~RIDA, has receiven an application from ~CENN mICCER
WHEREA$, in compliance with $tate $tatute, it is necessary
as part of the permitting procenure to rean the following Biological
,
Assessment into the Recorn, as follows:
The applicant wishes to eliminate an unwanted man-made boat slip on his
residential property. Additionally, the applicant plans to replace
deteriorating shoreline armour on his property.
A 24i ft. long section of vertical concrete seawall will be built across
the mouth of the boat slip. The entire boat slip beh~nd the seawall will
than be filled in. The slip ~s approximately 435 ft. (0.010 ac.) in
area and will require 95i yd. of material to backfill it. All of the
fill will be placed waterward of mean high water (MHW).
One side of the applicant's property will have a vertical concrete sea-
wall built on it. The seawall will measure 120i ft. long. Included in
this length is the section of seawall which will close off the old boat
slip.
Another side of the applicant's property will have a boulder riprap
revetment built on it. The revetment will measure 85 ft. in length.
Clear crushed Key Largo Limestone will be sued as fill for the boat
slip. Turbidity curtains will be used when the filling is being
conducted to maintain water quality.
The project site is located near the southwestern end of Lower
Matecumbe Key in the Safety Harbor subdivision. The subdivision is water
oriented with every lot enjoying water frontage on either a canal or a
natural water body. One of the canals in the subdivision is. in fact.
a highly modified tidal creek known as Hurricane Creek. The subdivision
is primarily residentially oriented with an estimated 50 percent of the
lots developed with private residences.
Adjoining the eastern side of the project site is a vacant lot which
fronts on a canal. Part of the shoreline of this lot has had a seawall
built on it recently. The northwest side of the project site is bordered
by a private residence. Bayview Drive borders the northern side of the
project site. A canal known as Bonita Waterway runs along the southest
side of the applicant's property and Hurricane Creek borders the south-
west side.
The canals and creek within Safety Harbor subdivision all connect to
Florida Bay. In the vicinity of the project site, Florida Bay is designated
as Class III waters (Chapter 17-3.081 and 17-3.161. Florida Administrative
Code).
The applicant's property is a pentagon in shape with two sides fronting on
navigable waters. A single story private residence is located on the lot.
Much of the land surrounding the house is covered with pea gravel. A
variety of ornamental plantings are found on the lot.
Along the southwesterly side of the lot. which fronts on Hurricane Creek,
the applicant's land is vegetated by a mowed lawn. Right at the creek
edge, a 2 or 3 ft. high escarpment which drops from approximately 1 ft.
above MHW to mean low water (MLW), is found. Flora growing on the face
of the escarpment are beach carpet. (Philoxerus vernicularis) and sea
'Resolution
Gleen ~iller
Page Two
purslane (Sesuvium portulacastrum). At the southern end of this side
of the site, the creek bed continues to drop off rapidly below ~~W.
Toward the northern end of the shoreline, a small subtidal shelf is
located at the toe of the escarpment.
The southeasterly side of the applicant's property, which fronts on
a canal, has been extensively developed. In the center of this side
of the lot is a man-made boat slip. The slip was built at an oblique
angle to the canal shoreline, 15 ft. wide and 30! ft. long on its center-
line. Depths within the boat basin range from I! ft. MHW at the landward
end down to 6! ft. at the canalward end. The side of the slip have not
been stabilized by any type of shoreline armour. A wooden dock runs
around three sides of the slip. Turtlegrass (Thalassia testudinum)and
Cuban shoalweed (Diplanthera wrightii) are found growing on the basin
floor.
To the northeast of the boat slip is a 38!
which has a wooden shoreline dock built on
protects the shoreline under the dock from
reaches across a narrow intertidal shelf.
shelf the bottom drops off steeply to the
vegetation on the shallow shelf under it.
ft. long section of shoreline
it. A low concrete seawall
erosion. The shoreline dock
On the waterward edge of the
canal floor. Apparently, as
To the southwest of the boat basin, the canal shoreline is once again
protected from erosionby a low seawall/revetment. In this area, no dock
has been built. Flora on the shoreline consists of beach carpet and
scattered black mangrove (Avicennia germinans) and red mangrove (Rhizophora
mangle) seedlings. A shallow shelf is also found along this section of
shoreline. The shelf is thickly vegetated by a mixture of turtlegrass,
Cuban shoalweed and benthic algae.
On the corner of the applicant's property where the canal and Hurricane
Creek meet, the shoreline has been reinforced by a concrete cap. The cap
extends down into the water in the form of a revetment.
Increased levels of turbidity, particulate organic materials and dissolved
organic substances can be expected to occur in the waters around the project
site during construction. Proper use of turbidity curtains should be
able to control these pollutants within acceptable levels.
Filling in the boat slip will eliminate 435 ft.2 of man-made marine
habitat. By doing so, a stagnant artificial waterbody will be slightly
reduced in size. A smaller volume of water will be entrained into and
degraded by the system with each tide.
Construction of the seawall and revetments will eliminate the emergent
marine associations presently found on the shoreline. In the case of the
project site, this loss will not be very great.
If the seawall and revetment are built at the present MHW line, their
construction is authorized by Chapter 17-4.04 (10) (f), Florida
Administrative Code (F.A.C.). The plans which were included with the
application are of very poor quality and ridden with inaccuracies. As
a result, the alignment of the proposed seawall is difficult to determine.
Under the provisions of Chapters 253 and 403, Florida Statutes Departmental
permitting authority be granted to the application to seawall the mouth of
and backfill the boat slip with the following conditions:
1. The seawall shall tie in evenly with the present MHW line on
either end of it.
2. Turbidity curtains shall be used during all construction activities.
Resolutdon
~leen miller
Page Olree
BE It RE$~C~ED BM tHE B~ARD ~F C~UNtM C~rnmI$$I~NER$ ~F m~NR~E
C~UNtM, FC~RIDA, that the above Biological Assessment has been reao
into the recorn ann ouly consioereo pursuant to Florina $tatute 253.124
by the Boaro of County Commissioners of monroe County, Florioa,
this
27 t h oay of May
, 19 83
at a regularly
schenuleo meeting.
B~ARD ~F C~UNtM C~mmI$$I~NER$ ~F
m~NR~E C~uNtM, FC~RIDA
By l~r W~ 4/~
AttE$t: RAlPH W. ViHITE, CLERK
o Clerk
"..' ~.
~ /
~ fL.'
($EAC)
Cucien C. Pro y, County Attorn
BOARD OF COUNTY COMPRI ERS OFFICE OF:
• Wilhelmina Harvey, District 1 Director
CurtBlair, District 2 Building, Planning an(
Mayor Protem Jerry Hernandez,Jr., District 3 Zoning
MAYOR George E. Dolezal, District 4 \ •
P.O.BOX Room 205 Wing
Ken Sorensen, District 5 •
Public Service Buildi]
5825 Jr. College Rd. 1
•
,W
OUNTY MONROE Key West , Florida
**"
33043-4399
K,EY WEST, -4FLORIDA 33040
(305) 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. County Biologist Report 1//
2. Resolution (Glen Miller)
3: Permit •
4 . Application for Permit (Fill & Seawall)
• 5. Site Plan
6. Location Map
•
7. . DER Assessment
Date 5- 6 -s3 By
•
MAY 9 1983
001KTY PITA
DEPARTMENTAL' CORRESPONDENCE
DATE: April 27, 1983
SUBJECT: Miller, Glen: Proposed Fill and Seawall. . '
TO: Mr. William Russell, Acting Director DEPT:' 'Buildin'g', :planning &' Zoning
FROM: Mark L. Robertson, Biologist DEPT: Planning & .Zoning
LEGAL: Lot 19, Block 7, Safety Harbor Subdivision. Sec. 20, Township 64S, Range
36 E, Lower Matecumbe Key.
ZONING: RU-1
INTRODUCTION ���
This application, which proposes to deposit fill below the mean high water(MHW) line,
should be reviewed by the Board of County Commissioners pursuant to section 19-111(a)
(5) of the Monroe County Code.
DISCUSSION
The applicant proposes to:
(1) Backfill an existing boat basin along an artificial canal, requiring 95 ± c. y.
of fill below MHW.
(2) Repair a rip rap seawall along a natural waterway, requiring 45± c. y. of
rip rap below MHW.
(3) Install a vertical concrete seawall along an artificial canal. The total`
fill below the MHW line is 135± cubic yards.
I inspected the site on December 29, 1982. Turtle grass (Thalassia testudinum) and
various algae were growing on the bottom of the basin. Along the natural waterway
(Hurricane Creek) a flourishing meadow of turtlegrass and Cuban shoal weed (Halodule
wrightii ) was observed below the low tide mark. Only small scattered mangroves
were observed along the shore lines.
The attached Florida Dept. of Environmental Regulation biological report addresses
this project in greater detail.
EVALUATION
The filling of the boat basin and the placement of the rip rap will eliminate some
of the submerged marine plant communities on the site, resulting in a decrease in
marine production and habitat. However, this loss will be very slight due to the
small area that will be affected. Filling the boat basin and stabilizing the
shore line with seawalls may slightly improve water quality by eliminating stagnant
pocket and decreasing the erosion of fill along the banks.
--continued--
•
(2)
RECOMMENDATION:
Approval: No dredging in canal or Hurricane Creek.
Note: ACOE and FDER permits are required.
Attachments: Application (1 sheet)
Plans (3 sheets)
FDER°Biological Report (5 sheets)
•
hMs �ry_ `... 0 t .r 4 k ..
ipS�c�
PLANNING, BUILDING &ZONING DEPARTMENT PERMIT
MONROE (A' PERMIT FOR EXCAVATION, THE DEPOSIT OF NO.
COUNTY ? FILL,, OR STRUCTURAL ACTIVITIES IN THE
WATERS OR WETLANDS OF MONROE COUNTY
1)Property owners name&mailing address 2)Date FOR DEPARTMENT USE ONLY
Mr . Gleen Miller
114 West Bayview Drive 12-15-82 Resolution No.
Islamorada, Florida 33036 3)Phonenumber
664-4442 Date:
4)Contractor or agent's name,mailing address&phone number
Upper Key Marine Construction V V
Post Office Box 18 A
Key Largo , Florida 33037 451-3119
5)Legal description of property:
Section 20 Key Lower Matecumbe Subdivision Safety Harbor
Township 64S Lot 19 Block 7
Range 36E Street, road or mile marker 114 West Bayview Drive
M.M. 74
•
Volume of material: dredged/excavated filled/deposited
c.y. c.y. 9 5 c.y. c.y.
waterward landward waterward landward
of M.H.W. of M.H.W. of M.H.W. V of M.H.W.
ZONING: RU-1 •
V
PURPOSE:
Cost of Permit Estimated cost of Construction
Biologist Comments-Restrictions or Special Conditions if any:
Approval. No dredging in canal or Hurricane Creek.
Note. ACOE and FDER permits are required.
•
William R. Russell , Acting Dir.
Planning, Building and Zoning
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Property ewnersun name �t mailing address 2) Pate Phone nu-nber
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Contractor or agentuune, mailing, address , phone F, certification number.
.. GLF-I- l- •'YLcr✓u-'-�_ de' -:,.cr.,.
Q.6. clo )c- / 84- iii.041 Sa.4 , 4 "3 "30 3 7 Vj 31/
Iegal description of property:
Section, _
,Lb I�e>'�--rir�a �2���ur��'c�.i Il�d i.v i s i on, i rl 4
Township, ‘ tri
Range, Tot , /y Plock, •T
(if acreage) 7
Street , road or Ini.Ie marker, /jq Lc1z;;d- / 1c.,L> a
Zoning, .-Ll° U r • _ Nl M '7 '/ - .... _._ . _
Describe the proposed activity, methods oC construction 6 amount of material (in cubic yards) ,
to be excavated or discharged. Describe purpose & .intended use of project.
--(5)4,' i (4'4~ci a-cR 7 D 4 1- a 1.--c�Q c64 aA- -_e -1„U- t t.!tr�a /)')6-�.tc!—(Z,
truuk C eizcl,Ji cVc ,z., d/Ls aC . L.-- J d-e,z ,�2- C.- ,t.,(j,c :tea Gc ' CA-c-
't,wk. �L‹- a s2 L (3 i- - 1 ULcv44y,, T,`/i .-' u..,. 1Lo.:rf- ° -
11 evvi, pizeilt redged/excavated . filled/deposited
:olLune of c.y. c.y. ?- c.y, c.y. '
Iaterial waterward landward waterward landward
of "..I4..l`1. of r%rt.V'. of 1`°.P.V. of N.H.W.
-
) Name, address F? zip cede of adjoining property owners whose property- affronts water way. _
•
!6 9 76 IA-) 3�1.7 Sf. 9 7S N /Z7 T
gra�1.d'a=�,,f_ a-�2 - 3 a 3 p /1). /)i I a. _ F-0 ; 3 3/e /
a) list other permits issued and/or applied for, include applicant 's name, for this site:
b) If application-has been submit
ted. for this„ploject, (or one similar) in the past,
explain..reason-rfor riei"v app'li'cat>_ori"and give applicant 's name if different from current
applicant.
)) Iist all Fe eral an tate agencies tat ave receive. app icaticns --or t,is projec
•
- -This completed:-application form will he accompanied by the
following, or it will -NcT he processed. - - .
a) Two (2) sets of drawings,` on 81 x. 11 paper, showing location, plot plan, top view and
cross section of:proposal, drawn to scale. --
E) Application processing fee as follows: - -
$75.00 for dredge, fill, decks CF. any structures affronting natural water bodies.
$30.00 for vertical seawalls on man-made ho-lies •of water.
$75.00 for any combination of the above activiti.eS Ter site.
Ppplication is hereby made for a permit to authorize the activities described herein. I
certify that I am familiar with the information contained in this application, and to the best
of my Imowledge t. belief such information is true, complete Ft accurate. I further certify that
I possess the authority to undertake the proposed activities. f'11 provisions of laws and
ordinances governing this type of work will he canplied with whether specified herein or not . 7
granting of a permit does not pres>vune to give authority to violate or cancel the provisions of
any county, state or federal law regulating construct 'n • )erformance of construction c..f this
type of facility.
`,\ / J P
`,.l -nature or Oppl i.cant/agcn I' to
For Department Use (filly/ -
-
- Fee f, receipt :' f\pproved by iss 't. Director
Person accepting application 7 9 Via_
Date i1 00 E)
Cost of permit Estimated cost of construction
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14/14-% - BIOLOGIST: APPROVALy/21/�3 j-"rl.� Ex r,�rN ',,'•.'4 -
AS PER MONROE COUNTY CODE is-ie 2a• TBoA`- `JC e 01
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PURPOSE: F-42 UNifSFD /3,4.7 )- UiZf1. IC..4.1 Mr:- Cak7 ,"s l`
DATUM / 'S(. . 54
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ADJACENT PROPERTY OWNERS: IN 60Nr to 1.04'..���✓AI 1
AT a,oWE re MA`Lymun,: r' ){w l
O 11,0itAT04.E' kp,e COUNTY OF MDN20C STATEFL.APPLICATION SY .1 P I�II z,O'J
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M•�`--B!OLOGIST: APPROVAL Yk81,�3
AS PER MONROE COUNTY CODE
1-b 6e. ,&,y 11 c,.C .
• PIR5:; 3
DEPARTMENT OF ENVIRONMENTAL REGULATION 2L. 1.333
PERMIT APPLICATION APPRAISAL
OEY S^u.FIA.CIS',R:CT
laS0 icH OifICE :_J
File No. : 440638425 County: Monroe Date : 3-21-83 1?e'cd• -
41/a1s_3.
Applicant Name : Glenn Miller
Address : 114 W. Bavview Drive, Islamorada, FL 33036
Agent (if applicable) : John Wilson, Upper Keys Marine Construction
Address : PO Box 18A, Key Largo, FL 33037
Location of project : Section (s) 20 Township 64S Range 36E
Section (s) Township Range
Local Reference : Lower Matecumbe Key, Safety Harbor
Water Body: Florida Bay
Water Classification of Project Area: III Adjacent Waters : III
Aquatic Preserve : None
Outstanding Florida Waters : None
On site inspection by: David Bishof
Date of Inspection : 3-2-83 Original Application: Yes X No
Revised Application: Yes No Date : Date of 2nd Insp.
Biological and Water Quality Assessment
A. Description of--proposed project and construction techniques.-
Quantify area of project which extends into waters of the state
(including the submerged lands of those waters and the transi-
tional zone of the submerged land) as defined in Section 17-4. 02
and Section 17-4. 28 , Florida Administrative Code.
B. Biophysical features of general area. Include comments concerning
extent of development of adjoining properties as well as relevant
historical facts about the area.
C. Biophysical features of specific project site and spoil site if
applicable. Include identification of bottom types and any
relevant historical facts about the area of the project.
D. Potential impact of project on biological resources and water
quality. Address long-term impact as well as immediate impact
for all aspects of the project.
E. Suggestions , where appropriate , for modifications that may reduce
or minimize the potential impact of project.
PERM 16-10 (Rev. 6/79)
•
•
•
MILLER, GLENN
#440638425
Monroe County - Lower Matecumbe Key
Page Two
•
A. The applicant wishes to eliminate an unwanted man-made boat
slip on his residential property. Additionally, the applicant
plans to replace deteriorating shoreline armour on his pro-
perty.
A 24+ ft. long section of vertical concrete seawall will be
builE across the mouth of the boat slip. The entire boat
slip behind the seawall will then be filled in. The slip is -
approximately 435 ft. 2 (0. 010 ac. ) in area and will require
95+ yd . 3 of material to backfill it. All of the fill will
be placed waterward of mean high water (MHW) .
One side of the applicant ' s property will have a vertical
concrete seawall built on it. The seawall will measure 120+
ft. long. Included in this length is the section of seawall
which will close off the old boat slip.
Another side of the applicant ' s property will have a boulder
riprap revetment- built on it. The revetment will measure
85 ft. in length.
Clear crushed Key Largo Limestone will be used as fill for
the boat slip. Turbidity curtains will be used when the
filling is being conducted to maintain water quality.
B. The Project site is located near the southwestern end of
. Lower Matecumbe Key in the Safety Harbor subdivision. The
subdivision is water oriented with every lot enjoying water
frontage on either a canal or a natural water_body. One of
___ the canals in the subdivision is, in fact, a highly modified
tidal creek known as Hurricane Creek. The subdivision is
primarily residentially oriented with an estimated 50 percent
of the lots developed with private residences.
Adjoining the eastern side of the project site is a vacant
lot which fronts on a canal. Part of the shoreline of this
lot has had a seawall built on it recently. The northwest
side of the project site is bordered by a private residence.
• Bayview Drive borders the northern side of the project site.
A canal known as Bonita Waterway runs along the southeast
side of the applicant' s property and Hurricane Creek borders
the southwest side.
•
MILLER, GLENN
•
#440638425
Monroe County - Lower Matecumbe Key
Page Three
-t:
The canals and creek within Safety Harbor subdivision all
connect to Florida Bay. In the vicinity of the project site,
Florida Bay is designated as Class III waters (Chapter 17-3 . 081
and 17-3 . 161 , Florida Administrative Code) .
C. The applicant' s property is a pentagon in shape with two sides
fronting on navigable waters. A single story private resi-
dence is located on the lot. Much of the land surrounding
the house is covered with pea gravel. A variety of ornamental-
plantings are found on the lot.
Along the southwesterly side of the lot, which fronts on
Hurricane Creek, the applicant' s land is vegetated by a mowed
lawn. Right at the creek edge, a 2 or 3 ft. high escarpment
which drops from approximately 1 ft. above MHW to mean low
water (MLW) , is found. Flora growing on the face of the
escarpment are beach carpet (Philoxerus vernicularis) and sea
purslane (Sesuvium portulacastrum) . At the southern end of
this side of the site, the creek bed continues to drop off
rapidly below MLW. Toward the northern end of the shoreline,
a small subtidal shelf is located at the toe of the escarp •
-
= ment.
•
The southeasterly side of the applicant' s property, which
fronts on a canal, has been extensively developed. In the
center of this side of the lot is a man-made boat slip. The
slip was built at an oblique angle to the canal shoreline,
15 ft. wide and 30+ ft. long on its centerline. Depths
within the boat basin range from 1+ ft. MHW at the landward
end down to 6+ ft. at the canalward end. .The -sides- of the
slip have not been stabilized by any type of shoreline armour
A wooden dock runs around three sides of the slip. Turtle-
_ grass (Thalassia testudinum) and Cuban shoalweed (Diplanthera
wrightii) are found growing on the basin floor.
To the northeast of the boat slip is a 38+ ft. long section of
shoreline which has a wooden shoreline dock built on it. A
low concrete seawall protects the shoreline under the dock
from erosion. The shoreline dock reaches across a narrow
intertidal shelf. On the waterward edge of the shelf the
bottom drops off steeply to the canal floor. Apparently, as
a result of shading from the dock, there is very little
vegetation on the shallow shelf under it.
MILLER, GLENN
#440638425
Monroe County - Lower Matecumbe Key
Page Four
To the southwest of the boat basin, the canal shoreline is
once again protected from erosion by a low seawall/revetment .
In this area, no dock has been built. Flora on the shoreline
consists of beach carpet and scattered black mangrove (Avicennia
germinans) and red mangrove (Rhizophora mangle) seedlings. A __
shallow shelf is also found along this section of shoreline. _ --
The shelf is thickly vegetated by a mixture of turtlegrass,
Cuban shoalweed and benthic algae.
On the corner of the applicant ' s property where the canal
and Hurricane Creek meet, the shoreline has been reinforced by
a concrete cap. The cap extends down into the water in the
form of a revetment. -
D. Increased levels of turbidity, particulate organic materials
and dissolved organic substances can be expected to occur in
the waters around the project site during construction. Proper
use of turbidity curtains should be able to control these
pollutants within acceptable levels.
Filling in the boat slip will eliminate 435 ft. 2 of man-made
marine habitat. By doing so, a stagnant artificial waterbody
will be slightly reduced in size. A smaller volume of water
will be entrained into and degraded by the system with each
tide.
Construction of the seawall and revetments will eliminate the
emergent marine associations presently found on the shoreline.
In the case of the project site, this loss will not be very - -
great. _=
• MILLER, GLENN
#440638425
Monroe County - Lower Matecumbe Key
Page Five
E. If the seawall and revetment are built at the present MHW
line, their construction is authorized by Chapter 17-4 . 04
(10) (f) , Florida Administrative Code (F .A.C. ) . The plans
which were included with the application are of very poor
quality and ridden with inaccuracies. As a result, the
alignment of the proposed seawall is difficult to determine. -
Under the provisions of Chapters 253 and 403 , Florida Statutes
and Chapters 17-3 and 17-4 , F.A.C. , I recommend that
Departmental permitting authority be granted to the application
to seawall the mouth of and .backfill the boat slip with the
following conditions:
•
1. The seawall shall tie in evenly with the present MHW
line on either end of it.
2. Turbidity curtains shall be used during all construction
activities.
DA ID BIS OF, ENV. EC.
DATE: March 21 , 1983
READ:
ARY HAFFE
DEB/dvo