Resolution 125-1983
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RE~~Cl1t!~N N~.
125
-1983
IDHEREA$, the B~ARD ~F t~l1NtM t~mm!~~!~NER$ ~F m~NR~E t~l1NtM, FC~R!DA, has
receiveD an application from Richard A. Fry ,anD
IDHEREA$, in compliance with ~tate ~tatute, it is necessanJ as part of the
permitting proceDure to reaD the following Biological Assessment into the RecorDS
as follows:
The applicant wishes to reclaim land lost to erosion and minimize
further erosion on his residential property. The goal will be
achieved through the construction of a boulder rip-rap revetment
with backfill. The revetment will run for approximately 150 ft.
along the applicant's shoreline. The waterward toe of the revetment
will be approximately 10 ft. waterward of mean high water (MHW).
The backfill will come up even with the top of the revetment which
will be at an elevation of 3 ft. above MHW.
Construction of the revetment will result in approximately 2250 ft.2
(0.052 ac.) of wetland being filled of which approximately 1500 ft.2
(0.034 ac.) is at an elevation below MHW.l In order to do the filling
an estimated 290 yd.3 of crushed rock fill and boulders will be
placed in wetlands with 220~ yd.3 of that being placed waterward of
MHW.2
The applicant failed to supply any information on how the proposed
work will be conducted. The applicant also failed to state what
techniques would be used to maintain water quality during construction.
The project site is located near the southwestern end of Plantation
Key in the Treasure Harbor subdivision. The subdivision is primarily
residential, however, there is some commercial development which
includes marinas and resorts. A large manmade boat basin with an
access canal and channel provides boating access to the Atlantic
Ocean for much of the subdivision.
Treasure Harbor subidvision was created over 20 years ago through
a typical dredge and fill operation. Fill from the boat basin and
canals was placed in adjacent wetlands to create uplands. The
original shoreline is well landward of the present shoreline.
Adjoining the eastern side of the project site is the Ragged Edge
Resort. The resort enjoys the use of a small boat basin which is
formed by a breakwater that extends into the Atlantic Ocean. On the
north side of the project site is a single family residence. The
eastern side of the project site borders on the main access canal
for Treasure Harbor. The open Atlantic Ocean which in the vicinity
of the project site is designated as Class III waters (Chapter 17-3.081
and 17-3.161, Florida Administrative Code) borders the southern side
of the project site.
The applicant's property is a roughly rectangular 0.4 ac. parcel of
land. The land was created by filling wetlands with crushed rock fill.
With the exception of narrow areas along the shoreline the entire
parcel is upland. Vegetation on the uplands consists primarily of
a mowed lawn with a few ornamental trees. With the exception of a
few boat trailers which were stored there, the lot was vacant at the
time of the inspection.
~ The applicant's estimate that 87 ft.2 of wetland would be filled
by the project, appears to be extremely inaacurate.
2 The applicant's estimate that 170 yd.3 of fill would be used with
20 yd. of that total placed waterward of MHW, appears to be inaccurate.
ResoTution No.
, Fry, 'Richard A.
April 12, 1983
Page Two
On the canal (west) shoreline of the applicant's property a seawall
has been constructed out of limestone boulders mortered together.
Large sections of this seawall have collapsed over the years since
it was built. Near the seaward end of the canal side of the parcel
a boat slip is found. The sides of the boat slip are seawalled.
Running along the southern side of theoproject site is man-made shore-
line channel. The channel was cut into solid rock such that the sides
are vertic1e. The shoreline in this area is directly exposed to the
Atlantic Ocean and has eroded back somewhat over the years. From
the edge of the shoreline channel to the MHW contour is a distance
of 10 to 15 feet. Landward of the MHW line, the shoreline slopes
up at a moderate rate to meet the grade of the lot. The shoreline
shows evidence of moderate erosion, particularly at the western end,
where it forms a point.
It has apparently been the practice for a number of years for nearby
property owners to dump their trash along the applicant's shoreline.
Periodically, the trash piles have been burned off. The result of
these activities over the years has been to create a shoreline which
is covered with construction/demolition debris, meta1ic objects and
whatever other non-flamable articles of trash which were dumped there.
Virtually no emergent wetland vegetation was observed in the proposed
fill area. Emergent vegetation in the shallow area adjacent to the
shoreline channel is dominated by Enteromorpha sp. The general lack
of vegetation in the shoreline area appears to be the result of the
combined effects of the trash dumping which has occurred here and
exposure to storms.
Construction related activities will result in increased levels of
particulate organic compounds, turbidity and dissolved organic
compounds in the waters adjacent to the project site. Standard
turbidity control techniques would probably adequately control these
pollutants. The applicant has not indicated any plans to utilize
any turbidity controls.
The proposed project will result in the permanent elimination of
0.052 ac. of wetlands. With the elimination of the wetlands will
be the loss of their functions of habitat, primary production and
pollution filtration. In the case of the project site, these functions
are not very well represented.
The new shoreline which will result from the proposed project will
allow upland stormwater runoff to flow directly into the Atlantic
Ocean at the project site. Stormwater runoff can be expected to carry
with it turbidity, organic nutrients, pesticides and inorganic nutrients.
BE It RE~~C~ED BY tHE B~ARD ~F C~UNtY C~mmI~~I~NER$ ~F m~NR~E C~llNt~, FC~RIDA,
that the above Biological Assessment has been reaa into the recora ana au1~ consiaerea
pursuant to F10riaa ~tatute 253.124 by the Boara of County Commissioners of ffionroe
County, F1oriaa, this 29thoay of April , 19 83 at a regu1ar11\ scheou1ea meeting.
(~EAC )
By
RALPH VI. VnilTE, CLERK
Attest:
iM ~ . .' M.P~.Cl.~.
~~
APP D AS TO FOR~. j)
A LEG L SUFF:!.CIENC~
"Y -4,' ~ 11 ·
I:) Attorn"". Offit:.
HOARD OF COUNTY COMI\"w.~..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
(305) 2944641
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OFFICE OF:
Director
Building, Planning anc
Zoning
p,O, BOX Room 205 Wing I
Public Service Buildir
5825 Jr. College Rd. V
Key West, Florida
33043-4399
~~~l;~~~~~E
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 t,.-/
2. Resolution (RICHARD FRY) ~
3. Permit ~
4. Application for Permit (FILL & SEAWALL) ~
5. Site Plan ~
6. Location Map V
7. DER Assessment V
Date ~-/3-J:3
/'::l! <::":7) ,..,. '" '" r---> ~
r","!r'- :J
APH 14 1983
By ~.G~
COUNTY ATTYJ'
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DEPARTMENTAL CORRESPONDENCE
DATE: April 8, 1983
SUBJECT:
Fry, Dick: Proposed Fill and Seawalls.
TO: Mr. William Russell, Acting Director
DEPT:
Bldg., Planning & Zoning
FROM:
Mark L. Robertson, Biologist
DEPT: Planning & Zoning
nJ/-L
LEGAL: Blanton Tract, Treasure Harbor Subdivision, Section 24,
Township 63S, Range 37E, Plantation Key.
ZONING: RU-1 .
INTRODUCTION
This application, which proposes to deposit fill below mean high water
(MEW), should be reviewed by the Board of County Commissioners pursuant to
Section 19-1ll(a) (5) of the County Code.
DISCUSSION
The applicant proposes to: (1) repair an existing seawall along a man-
made canal, (2) partially backfill an existing boat basin on the same canal,
(3) construct a new riprap seawall along an open water shoreline.
The partial backfilling of the boat basin will require lOOi cubic yards
of fill below MEW, the construction of the riprap seawall will require '
220i c.y. below MEW and 300i c.y. above MEW (the estimated volumes by the
applicant appeared to be incorrect).
I inspected the site on February 4, 1983. There is no significant
shoreline vegetation or submerged vegetation that will be affected by the
proposed activity. The open water shoreline faces an existing dredged
channel parallel to the shore.
The attached Florida Department of Environmental Regulation biological
report addresses this project in greater detail.
EVALUATION
Placement of the fill and construction of the seawalls will not result
in destruction of any significant marine resources. Turbidity during con-
struction can be controlled by use of turbidity screens.
The riprap seawall should be constructed with a berm or reverse
slope to prevent stormwater runoff from flowing directly into open
waters.
RECOMMENDATION
Approval:
(1) Turbidity screens to be used during construction;
(2) Construct berm or reverse slope along riprap seawall.
NOTE: ACOE and FDER permits are required.
Attachments:
County application form (1 sheet)
Plans (4 sheets)
DER Report (5 sheets)
PERMIT
MONROE
COUNTY
PLANNING, BUILDING & ZONING DEPARTMENT
PERMIT FOR EXCAVATION. THE DEPOSIT OF
FILL. OR STRUCTURAL ACTIVITIES IN THE
WATERS OR WETLANDS OF MONROE COUNTY
PERMIT
NO.
1) Property owners name & mailing address
Dick Fry
P.O. Box 90202
Houston, Te~as 77090
2) Date
2/04/83
FOR DEPARTMENT USE ONLY
Resolution No.
3) Phone number
713-893-6575
Date:
4) Contractor or agent's name, mailing address & phone number
Buz Wiseman 852-9804
P.O. Box 28-A
Tavernier, Fla. 33070
Eng. 206-B
5) Legal description of property:
Section
24
Key
Plantation
Subdivision
Treasure Harbor
Township
63 South
Lot
Block
Range :n F.i'l Rt
Street, road or mile marker Treasure Harbor Road (M.M. 86.4)
'V olume of material:
dredged/excavated
filled/deposited
c.y.
waterward
of M.H.W.
c.y.
landward
ofM.H.W.
320:!: c.y.
waterward
ofM.H.W.
300:!: c.y.
landward
of M.H.W.
ZONING: RU-l
PURPOSE:
Cost of Permit
Estimated cost of Construction
Biologist Comments - Restrictions or Special Conditions if any:
Approval:
(1) Turbidity screens to be used during construction;
(2) Construct berm or'reverse slope along riprap seawall
NOTE: ACOE and FDER permits are required
William R. Russell, Acting Dir.
Planning, Building and Zoning
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methods of construct ion (, ol1lount of material (in cuhic yares) ,
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~;th u..f' +0 Jcl.\e se<t.'-<.J"\\ t<n1:;-\-W,t,~ pvo(-rtlvre
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dredged/exc<Jvatcd fi necljc1epos i ted 300 '1: L.~
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waterward landward' ~t....e- waterward lanccward
of ~~.P.\'!. of ~'.!I,v'. of ~'.P.\','. of ~1.H.\'!.
mailing ollclress, phone
'\"o..V~YV\I;Y") Fl-
33070
[, cc'i-t i fic;lt ion number.
I :ontractor or al'ent' s mune
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1 egal description of property:
Section,
Township,
Pange,
(if acreage)
lot,
Zoning,
RLl~\
Describe the proposed activity,
to be excavated or discnarged.
"'410 G.j.ie",r .
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lume of
t crial
0:aITle, address fr z ir cede of 20,j oining propE"rtv owners ,\''I1ose pr0J1erty aff"ronts water way.
loT A B~C. jAck s. ~c;: fLf-/C ~,o~ -7 ELK.) t..Ot8
f.f\b61e.O f-D~f- ~ l1!\JsT ~ ~(/l/ T,ef~tJ~f HARBoR. DR. TI'F~v~t,ffl~,
CErVI ~A L 13ft t s -r:' ISl A,A.{ c~, FI... 3 3 D 3 -b S [ (! ,
13 f:3 M rXfiA ( f- L 3 3/'0 , _
I) list otnerl pemits issued and/or applied for, include applicant's name, for tris site:
--1~
)'J If application ha.s been submitted for this project (or one similar) in H'e past,
explain reason for new application and give applicant's name if djfferent from current
applicant.
'~
1 ist all federal and State agencIes that have recelved appJ 1 cot lms j or tl'1s pro] ect.
-1~
This completed application form will ne <Jccompaniecl ry tre
follmving, or it will NCf be processed.
Two (2) sets of drm..;ings, on 8~ x 11 paper, shmving location, plot plan, tor view ancl
cross section of propcsal, drawn to scale.
~pplication processing fee as follows:
$75.00 for dredge, fill, decks CP any structures affronting natural watcr bodies.
530.00 for vertical seawalls onman-made ro-Hes of 'vater.
S75.00 for any combination of the ahove activities per site.
lication is hereby made for a pennit to autrorize the octivities nescrihec1 rerein. I
lify that I am familiar with the information coptajned iI1 this application, and to t]le rest
'lr knowledgc & belief such infonnation is true, complete & accurate. I furtl'cr certify that
)ssess the authority to undertake tre proposed activities. Pll provisions of lm\'s ann
inances governing tl:is type of work wi 11 he canplied with d"etl'er speci [ice ncrein or not. The
lting of a pemit does not preslUTle to give authority to viobtc or cancel tre provisions of"
<-ounty, st:1te or fClleral law rcgulat ing constrnct ion or I'('rform~nce of construct i on cf tris
_' of f oc i 1 i ty , ~ /:
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at' :J.rpllC:1nt agent I'ate
!'::,,'p3rtment Use enly
is 7S:cra 3 ')O()S- ~
fee fl reccipt ;;
l\;'I'lrn\'cd 1)\, 1'-::,s'1:. llircctor
(In accepting applicat ion f1
Da t e
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Cas t ",t" PCT'll it
Fst ir1;lted cost of copstrllct]()i1
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I1lt./l BIOLOGIST: APPROVAL ~/8'/f'.3
. AS PER MONROE COUNTY CODE
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DEPARTMENT OF ENVIRONMENTAL REGULATION
PERMIT APPLICATION APPRAISAL
File No. : 440662575 County: Monroe Date : 3-15-83
Applicant Name : Richard A. Fry
Address : PO Box 90202, Houston, TX 77090
Agent (if applicable) : Buz Wiseman
Address : PO Box 28-A, Tavernier, FL 33070
Location of project : Section (s) 24 Township 63S Range 37E
Section (s) Township Range
Local Reference : Plantation Key, Treasure Harbor Subdivision
Water Body: Atlantic Ocean
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.
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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)
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FRY, RICHARD A.
#440662575
Monroe County - Plantation Key
Page Two
A. The applicant wishes to reclaim land lost to erosion and
minimize further erosion on his residential property. The
goal will be achieved through the construction of a boulder
riprap revetment with backfill . The revetment will run for
approximately 150 ft. along the applicant ' s shoreline . The
waterward toe of the revetment will be approximately 10 ft.
waterward of mean high water (MHW) . The backfill will come
up even with the top of the revetment which will be at an
elevation of 3 ft. above MHW.
Construction of the revetment will result in approximately
2250 ft. ' (0. 052 ac. ) of wetland being filled of which
approximately 1500 ft. 2 (0. 034 ac . ) is at an elevation.below
MHW1. In order to do the filling an estimated 290 yd. ' of .
crushed rock ffill and boulders will be placed in wetlands
with 220+ yd. 3 of that being placed waterward of MHw2.
The applicant failed to supply any information on how the •
proposed work will be conducted. The applicant also failed
to state what techniques would be used to maintain water.
quality during construction.
B. The project site is located near the southwestern end of
Plantation Key in the Treasure Harbor subdivision. The
subdivision is primarily residential, however, there is some
commercial development which includes marinas and resorts .
A large manmade boat basin with an access canal and channel
provides boating access to the Atlantic Ocean for much of the
subdivision.
Treasure Harbor subdivision was created over 20 years ago
through a typical dredge and fill operation. Fill from the
boat basin and canals was placed in adjacent wetlands to
create uplands. The original shoreline is well landward of
the present shoreline.
1 The applicant ' s estimate that 87 ft. 2 of wetland would be filled
by the. project, appears to be extremely inaccurate.
2 The applicant' s estimate that 170 yd. 3 of fill would be used
with 20 yd. of that total placed waterward of MHW, appears to
be inaccurate.
FRY, RICHARD A.
#440662575
Monroe County - Plantation Key
Page Three
B - cont 'd
Adjoining the eastern side of the project site is the Ragged
Edge Resort. The resort enjoys the use of a small boat basin
which is formed by a breakwater that extends into the Atlantic
Ocean. On the north side of the project site is a single
family residence. The .eastern side of the project site borders
on the main access canal for Treasure Harbor. The open Atlantic
Ocean which in the vicinity of the project site is designated
as Class III waters (Chapter 17-3 . 081 and 17-3 . 161, Florida
Administrative Code) borders the southern side of the project
site.
C. The applicant' s property is a, roughly rectangular 0.4 ac .
parcel of land. The land was created by filling wetlands with
crushed rock fill. With the exception of narrow areas along
the shoreline the entire parcel is upland . Vegetation on the
uplands consists primarily of a mowed lawn with a few ornamental
trees. With the exception of a few boat trailers which were
stored there, the lot was vacant at the time of the inspection.
On the canal (west) shoreline of the applicant ' s property a
seawall has been constructed out of limestone boulders mortered
together. Large sections of this seawall have collapsed over
the years since it was built. Near the seaward end of the canal
side of the parcel a boat slip is found. The sides of the boat -
slip are seawalled.
Running along the southern side of the project site is a man-
made shoreline channel. The channel was cut into solid rock
such that the sides are verticle. The shoreline in this area
is directly exposed to the Atlantic Ocean and has eroded back
somewhat over the years. From the edge of the shoreline channel
to the MHW contour is a distance of 10 to 15 feet. Landward
of the MHW line, the shoreline slopes up at a moderate rate to
meet the grade of the lot. The shoreline shows evidence of
moderate erosion, particularly at the western end, where it
forms a point.
It has apparently been the practice for a number of years for
nearby property owners to dump their trash along the applicant ' s
horeline. Periodically, the trash piles have been burned off.
The result of these activities over the years has been to create
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FRY, RICHARD A.
#440662575
Monroe County - Plantation Key
Page Four
a shoreline which is covered with construction/demolition
debris, metalic objects and whatever other non-flamable .
articles of trash which were dumped there.
Virtually no emergent wetland vegetation was observed in the
proposed fill area. Emergent vegetation in the shallow area
adjacent to the shoreline channel is dominated by Enteromorpha
sp. The general lack of vegetation in the shoreline area
appears to be the result of the combined effects of the trash
dumping which has occurred here and exposure to storms.
D. Construction related activities will result in increased levels
of particulate organic compounds, turbidity and dissolved
organic compounds in the waters adjacent to the project site.
Standard turbidity control techniques would probably adequately
control these pollutants. The applicant has not indicated any
plans to utilize any turbidity controls.
The proposed project will result in the permanent elimination
of 0. 052 ac . of wetlands. With the elimination of the wetlands
will be the loss of their functions of habitat, primary prod-
uction and pollution filtration. In the case of the project
site, these functions are not very well represented .
The new shoreline which will result from the proposed project
will allow upland stormwater runoff to flow directly into the
Atlantic Ocean at the project site. Stormwater runoff can be
expected to carry with it turbidity, organic nutrients,
pesticides and inorganic nutrients.
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FRY, RICHARD A.
#440662575
Monroe County - Plantation Key
Page Five
E. Under the provisions of Chapters 253 and 403 , Florida Statutes
and Chapters 17-3 and 17-4 , Florida Administrative Code, .I
recommend that this project be granted Departmental permit-
ting authorization with the following conditions:
1. Prior to the placement of any riprap or fill , all trash
and debris shall be removed from the shoreline area and
disposed in a manner acceptable under the provisions of
Chapter 17-7 , Florida Administrative Code.
2. The proposed filling shall be done in such a manner as to
slope the land away from the water for stormwater control .
3. Turbidity curtains shall be used during all construction
activities conducted in the waters of the state.
.7r)'?
DAV D BISHOF, ENV'. SPEC .
DATE: March 16, 1983
READ : >
GARY HAFFER
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