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Resolution 013-1983 Zoning Department RE$OCUEL N NO. 013 -1983 • WHEREA$, the BOARD 0E mum COMMI ONER$ OF MONROE mum, FLORIDA, has rereivei an applira1iun frnm 3ne's $eafua, Inc. , and - a 3UHERE$, in compliance with tat $tafute, it is neeessarg as part of the permitting prarebure fn r�izah the fallowing Biningiral Assessment into the Reran), as follow : The applicant wishes to control erosion along his shoreline and provide commercial boat mooring facilities. The erosion controls will be achieved by placing riprap along the existing shoreline. An estimated 30 cu. yds. of riprap will be placed waterward of mean high water (MHW) and 5 cu.. yds. landward of MHW in order to protect the 250t ft. of shoreline. Docking facilities will be provided by building a 93 ft. by 7 ft. wood pile supported pier with a 40 ft. by 7 ft. "T" at its waterward end (931 sq. ft.. total area) . Four mooring piles will be placed 45 ft. beyond the end of 'the dock to create 3 slips11' The dock will apparently be utilized by commercial fishing boats. Placement of the riprap will be accomplished by backhoe .and hand. No mention of how the riprap will be brought to site is made, however, upland routes are readily available. Dock piling will be augered into place from a barge. The remainder of the dock will be built by hand. The project site is located on the north side of Vaca Key at its extreme east end. General development in the;vicinity of the project site consists of a patchwork of conventional single� family residences, trailer parks, stores restaurants, commercial marinas, etc. Much of the nearby shore- line has been altered by these developments. Bordering the east side of the project site is a small group of mobile homes. The shoreline adjacent to theimobile homes has been seawalled. Along the west side of the project site, a single family home is located. The grounds around this house are used for storing lobster traps and its shoreline has been riprapped. To the' south of the project site is several hundred feet of cleared land much of which belongs to the applicant. Florida Bay, which is in the vicinity of the project site, is designated as"Class III waters. (Chapter 17-3.081, Florida Administrative Code) lies to the north. • The project site consists of the waterward side of the applicant's pro- perty and the adjacent near shore section of Florida Bay. The shoreline runs from the northeast to the southwest. The near shore area- of,the applicant's property consists of recently filled uplands. The area is presently being used for the construction and storage of lobster traps. A check of the Department's local records did not produce any record of authorization for filling wetlands onithe site. A 20± ft. section of shoreline in the: northeast corner of the site has been left unfilled. Vegatation in tiis area consists of white mangroves (Laguncularia racemosa) , black mangroves (Avicennia germinans) and red mangroves (Rhizophora mangle) trees. The shoreline consists of solution based Key Largo Limestone. li 1 (� _ • : .RESOLUTION JOE'S SEAFOOD, INC. PAGE TWO The. majority of the project site shoreline consists of exposed fill which extends below MHW. In some areas, the natural shoreline remains exposed and a small clump of white mangrove is located in one of these areas, just waterward of the fill. At the southwest end of the shoreline a small section of riprap revetment has already been built. Biota, living in the littoral zone, consists of bluegreen algae mats, fuzzy chiton (Acanthopleura. granulata) , false cerith (Batillaria minima) , red-brown ark (Barbatia concellaria) ,' hermit crabs and mussells. In general, the biota was observed to be; richer in' areas of natural bottom than in areas covered by fill. I Starting at approximately MIN, a 20± ft. wide zone in which the' seafloor consists of exposed -rock or rock withl'a very thin cover of sediments is found. Flora in this area consists of Penicillus sp.. ,' Halimeda sp. and unidentified red algae. The above described zone grades into a seagrass bed composed of turtlegrass (Thalassia testudinum)' underlain by six inches to one foot of sediment. The seagrass bed' continues offshore for some distance and covers the remainder of the project site.. The depth is approximately 4 ft. MLW. Construction related activities can hie expected to cause temporary. elevated levels of turbidity,` particulate organic compounds and -dissolved organic compounds. Proper use of turbidity curtains should be able to maintain acceptable water quality. Construction of the proposed revetment will result in the dsiplacement of the present biota. The riprap will eventually be colonized by a biota similar to that presently found on the shoreline. .'In the northeast corner the small area of unfilled wetlands will be substantially destroyed by 'the placement of riprap. ' , The estimate of 35 cu...yds.. of ripraph' to cover 250± ft, of shoreline appears to be-very low. Past experience has indicated that 100 cu. yds. or more would be necessary on a shoreline of this nature. Shading from the proposed.doek will tend to result in the elimination of the vegetation under- it. The four ft. above MHW elimination of the dock will tend to decrease this problem somewhat. Boats tied up to the dock may also result in the elimination of seagrass beds, due, to shading. The extent of this impact is difficult to determine without -any information on • the boats that will be tied to the dock but it 'could be more extensive than that caused by the dock itself. Use of the nearshore area for .lobster' trap storage and related activities will tend to result in secondary impacts to the adjacent waters. Included in these impacts are. dischargesof oil from trap dipping practices. A moderate accumulation of miscellaneous trash has already occurred on the site and will tend to increase in severity. ' BE 1 ' RE UEVEJ EJ SHE BOARD-OF eOUNEg C(MM 1ONER OF MONROE CCUNtg, FORM, that the ahnve Einingical Assessment has been reab infn thee. recnrf ana aulg cnnsiierea pursuant n Flariaa ,$fafute 253.124 hg the Baarh of Cnunfj enmmissinners of mnnine Caunf , Flnriaa, this 1"1"41 AaB of C.OILAAA01 , 1.09 3 1! at a regularlj scheaulea meeting. II BOARD OF C(UN ' C(OMMIMONER$ (OF MONROE mum, FWRIDA . • .01 Bg , A gil • E C = o � P k , APP D AS TO FORM AN L SUFFICIENC Attest: • /") �AO .� ; BY �L&4 ALg A • •� Cl er12 Attorney'i Office 1111,BOARD OF COUNTY.COMMIS4: : WilhelminaHarve District 1 ? Director Curt Blair, District 2 4 - Building, Planning and Mayor Protem Jerry Hernandez,Jr., District 3 ' s- �' ;„-"'" Zoning MAYOR George E. Dolezal, District 4 ,` ., ti ,,^� .a Ken Sorensen, District 5 P.O.BOX Room 205 Wing I= ' ., "` ` I A', ,Ise , , Public Service Building �> _�4r ,.r. :` 4_ .,�' h .:r,, C �0 _',,, 5825 Jr. . College Rd. W 1'y $' rq OUIVTY 0 Ni0NROE � � Key West , Florida :;; .1 t,i „.t e 33043-4399 y, . KEY WEST, FLORIDA 33040 •,• '%+ - (305) 294 4641 i Lucien C. Proby Monroe County Attorney 310 Fleming Street Key West , Florida 33040 i !' 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 11 1. County Biologist Report • 2. Resolution (JOE' S SEAFOOD, INC. ) ✓ 3. Permit 4 . Application for Permit (SEAWALL) ✓ 1 5. Site Plan 6. Location Map 1 7. DER Assessment Date /02 -aa s:2_, BY i DEC 2T 1982 : A- n7 r-%r n .-tl DEPARTMENTAL= C O R R :E P fl N D E N C t . I,1 . '' DATE: December 21, 1982 SUBJECT: JQP7'S SPRfnnd,'sj :Prnposed Skawall TO: - William Russell, ActingiDirector DEPT: Building, Planning and Zoning. FROM:�`k Mark L. Robertson, Environ. Biol. DEPT: Planning and Zoning LEGAL: Township 66S, Range' 32E,IiSection 17 (Tract 17) , Vaca Key '(Gulfside) . Zoning: BU-2 ,' INTRODUCTION: • . i, This application, which proposes Ito 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. 1 DISCUSSION: i. • The applicant proposes to constrict a 250±'linear foot riprap seawall for the purpose of shoreline stabilization. The estimated volume of fill below . MHW is .30 cubic yards. The- applicant plans to construct a berm immediately . landward of the proposed seawallland use filter cloth in the seawall, both of which would decrease erosion and overland runoff into the Gulf of Mexico . from the upland portions of the_ ste. In addition, the applicant proposes to construct a 100 linear foot wooden dock with a 40 foot "T". A site inspection indicated that-there is no shoreline vegetation on the site except for a .small group oft mangroves at the northeast corner. In • the intertidal zone, which averages 7 foot in width, there were only scat- tered. algae. Below, the mean lowltide line there is a dense growth of algae. • The upland portions of the site- re being used for lobster trap construction, which has resulted in trash dumping and spills of oil. . The. attached Florida Department of Environmental Regulation biological report addresses this proposal. inligreater detail. The U.S. Army Corps of Engineers and the Florida Department of Environmental . Regulation have not issued permits. for this proposal. EVALUATION: II Construction of a seawall might improve water quality by decreasing erosion of unconsolidated marl fill. Use!,of filter cloth and a berm would increase the effectiveness of the seawall by decreasing pollution from overland runoff from the lobster trap •operation. TConstruction of the riprap seawall in the northeast corner of the site where mangroves are present would destroy this. shoreline vegetation, there is n' other significant shoreline or littoral veg- etation that would be affected byl,a-seawall along the existing waterline. . , . I , Joe's Seafood, Inc. :Proposed Seawall' Page 2 I - RECOMMENDATION: li Approval with modification: shorten seawall to leave mangroves in northeast corner undisturbed. Note: ACOE and Florida DER permit's are required. . II I I !II i i i . If - I i, . i • • MGIVR^a (y PL1N? I NG,SR BIILDI:G & Z,C: I NC DEPART MENT FENiOROT TT(Ic PE: IT E IOTHT ; NO.C :LmTy tbk= WATERS OR WETLANDS OF ?MONROE COUNTY 1) Property owners name & mailing address 2 ) Date FOR DAP:}D=':T USE ONLY Joe' s Seafood, Inc. 9-1-82 Route ! , Box 345 Resolution No. Marathon, Florida 33050 3) Phone number • 743-2159 Date: 4) Contractor or agent's name, mailing address & phone number i KeyCblogy; Inc. .i 414 Simonton Street "Key West, Florida 33040 294-8719 5) Legal description of property: Section 17 KeyMarathon' Subdivision N/A Township 66S Lot Tract 17 i BlociPR 231-482 & 234-581-584 Range 32E Street, road or mile marker - U.S. #1 ,i Volume of material: dredeed/e caveted ' : filled/deposited -c.y. 0 c.y. 30 c.y. 5 c. waterward landward y' waterward landward • of I.H.W. of M.H.W. t of M.H.W. of M.H.W. ZONING: BU-2 PURPOSE: Cost of Permit Estimated cost of Construction Biologist Comments - Restrictions or Special Conditions if any : Approval with modification: shorten seawall to leave mangroves in northeast corner undistrubed. Note: ACOE and Florida DER permits are required • William R. Russell , Acting Dir. DATE Planning, Building and Zoning . r . Property owners name 6. ANOMMIt address ) at-C.! Joe's' Seafbed, Inc. Route '', Box 345 September 1, 1982 (305) 743-2159 Marathon, Florida 33050 Contractor or agent's name, mailing address, phone & certification number. KeyCology, Inc. 414 Simonton Street • Key West, Florida 33040 (305) 294-8719 legal description of property: Section, 17 Key, Marathon Subdivision, N/A Township, 66 Range, 32 Lot, Tract 17 Rlock, OR 231-482-485 & 234-581-584 (if acreage) Street, road or mile marker, US-1 Zoning, BU-2 • Describe the proposed activity, methods of construction f amount of material (in cubic yards) , to be excavated or discharged. Describe purpose & intended use of project. Proposed 100' X 7' wooden dock with 40' X 7' ''T"; installation of four mooring pilings; placement of 35 cubic yards of rip-rap at shoreline. All .pilings will be augered by drilling rig from barge.. Remainder of wood dock will :be constructed by hand. Rip-rap will be placed by backhoe and hand. Silt screens will be utilized, if necessary. dredged/excavated , filled/deposited lame of 0 c.y. 0 c.7. , ' 30 c c:y .y. terial waterward landward , - waterward landward of M.H.W. of V.H.W. . of M.H.W. of M.H.W. Name, address F zip code of adioining property owners whose property affronts water way. 1. Joseph Debellas 2. Leo-and Sam Cooper 2700 Barcelona Drive . Post Office Box 696 Fort Lauderdale, Florida 333,01 ' Marathon, Florida 33050 a) list other permits issued and/or applied for, include applicant'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. N/A list all 4oderal and State agencies that have received applications for this project. Florida Department of Environmental Regulation Department of the Army; Corps.of Engineers This completed application form will he accompanied by the following, or it will NCT be processed. Two' (2) sets of drawings, on 811 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 CR any structures affronting natural water bodies. $30.00 for vertical seawalls on man-made holies of water. $75.00 for any combination of the above activities per site. plication is hereby-made for a permit to authorize the activities described herein. I rtify that I am familiar with the information contained in this application, and to the best my knowledge E belief such information is true, complete & accurate. I further certify that possess the authority to undertake the proposed activities. All provisions of laws and dinances governing this type of work will be complied with whether specified herein or not. TT anting of a permit does not presume to give authority to violate or cancel the provisions of y county, state or federal law regulating construction or performance of construction of this pe of facility. /. , 4 2 9/1/82 Siznature of /agent Pate r Department Use Cnly/ KeyCology, Inc. . • i.00 6 recep it-1i Appr ov c Eby Ps S-T.---73YeaC5F r!,on acceptim application 6 • C CW.1 (0 pormit tit coorilmclion = •a- oar x_.__ _- • ' f+ , � 3 y a' 414 Simon�me St.Key aege, 33040 2&1-871� i r. el ,g :;_Le PIER • W• ITH F UR. MOORING P• ILINGS ` = .. . . . .PROPOSED WOODEN0 9. .. 9 IN: Bay of Florida2. � \o ` 9 _ -AT: Marathon `� • COUNTY OF: Monroe ` � a STATE OF :Florida • • • \� 9 G45�:6Et3MNe� .. SITE.. _ PURPOSE .. Provide Boat• Mooring • c' DATUM -_ Mean tow Water a • 6 8-.' a9 9 Fanny ' a r • t.. + ..¢/ ' L,1 . 6' F r r ADJACENT PROPERTY OWNERS: a �z...t.4� \o = 9 �JrS 1.• -Leo :and,Sam Cooper r \2. -9.:'-:a , .o 5,Ni 2:. Joseph Debel l as • , • a2 9_ b , t, r S Ev BRIoGE 7 • -' 1� i \Q 'a PER•CZY! i Aea cY 73 (' �`-�BIOLOGIST: � �t! hc�I, �'e ��NP „q a = ..':..: APPROVAL /.,q.6iah s_ s i .;�„i /. �. `,-;AS-PER:MONROE COUNTY' 4. /21 -� .I* , a�w YICIt.ILTY MAP o ti � rL " SGAL� IN FEET PRpPo5EP... WOOF BIER • yl, • • .' Arlo •4- Moo pILN�S Q� �`�y -�a•5� 1 - "•� :r S •A.r H1PORELRAPInl` iZ t:�_ V - . a rl h j • . . • H.:A . '. • .• • - . k tti- 4 q • ' I. t J • • • j M _•+ I .l • � v.s. i&Iit �"1 �° { . - . _ . 9/1/82 SHEET 1: OF 2.' -. .. ..,. .•,','. J'' ��1r. Seafood, - . t ,f.1.• • . ' • 111111i - .•• •-••!--- .....----- ., ••,.....r, ,:;-7-.1 ,.. • • 1117; ,4 , • . .. . p r.s. E ITIC:0 t 414:71reavntein F.A.Ner Wc&t,FL 33040 2.S--1-8715 ., . . 4- 5-t . ' ., , ,.,, .:...!.,• -. - i'.. ,„;'.., ...., .... - • . '.; . . . ' , .. . ' . , '..-:•":,:''''':::;.., ''.,...- , , \/{ E-\1\1 -4. 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'- t --_, It)."-rTot.••• isAitsi. -4 ' ......- m,•,' 7/77 777/75e1 k---,-1 .--...2-.:! . - Cu^0,-- \:2-1 5 E.,c-rioN \li E.W - .•_ ,-.••• - —A .,--. - ,..... r i-PV l'AC) •g: • 1:---iz: ' ..., . •••••ii ' •.,, 1;A NOTE: Dumpster, to be located on site. :•-_, DATE: 9/1/82 SHEET 2 OF 2 ' APPLICANT: , oe's Seafood, Inc. i • ----_ __ ____, : ,r_. .�—.- DEPARTMENT OF ENVIRONMENTAL REGULATION PERMIT APPLICATION APPRAISAL File No. : 44060030.5 . . County: ;Monroe Date : 10- 6- 32 Applicant Name : Joe ' s Seafood , Inc. - Address : Rt. 1 , Box 345 , Marathon; FL 33050 • Agent (if applicable) : KcyCology , lIne. Address: 414 Simonton St . , Key West , FL 33040 . • Location of project : Section (s) 8 Township - 66S Range •32E -- Section (s) ; - Township Range Vaca Key Local Reference : 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: 9-29-82 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) • JOE' S SEAFOOD, INC. #440600305 Monroe County - Marathon • Page Two A. The applicant wishes to control erosion along his shoreline and provide commercial boat mooring facilities . The erosion controls will be achieved by placing riprap along the existing shoreline . An estimated 30- cu . yds . of riprap will be placed waterward of mean high water (MIIW) and 5 c;u . yds . landward of MHW in order to protect the 250+ ft . of shoreline . Docking facilities will be provided by building a 93 ft . by 7 ft . ' wood pile supported pier with a 40 ft . by 7 ft . "T" at its water- - ward end (931 sq . ft . total area) . Four mooring piles will be . placed 45 ft . beyond the end of the dock to create 3 slips . The dock will apparently be utilized by commercial fishing boats . Placement of the riprap will be accomplished by backhoe and hand. No mention of how the riprap /will be brought to site is made , however , upland routes are readily available . Dock :piling will be augered into place from a ',barge . The remainder of the dock will be built by hand . • B . The project site is located on the north side of Vaca Key :at its extreme east end . General development in the vicinity of the • project site consists of a patchwork of conventional single family residences , trailer parks , stores , restaurants , commercial marinas , • etc . Much of the nearby shoreline has been altered by these • developments . , • Bordering the east side of the project site is a small group of mobile homes . The shoreline adjacent to the mobile homes has been seawalled. Along the west side of the project site , a single • family home is located . The ' grounds around _ this house are used for storing lobster traps and its shoreline has been riprapped. To the south of the project site is several hundred feet of cleared land much of which belongs to the applicant . Florida Bay , which in the vicinity of the project site, - is designated as Class III waters (Chapter 17- 3 . 081 , Florida Administrative Code) lies to the • north. C. The project site consists of the waterward side of the applicant ' s property and the adjacent near shore section of Florida Bay. The shoreline runs from the northeast ' to the southwest . The near shore area of the applicant ' s property consists of recently filled, uplands . The area is presently being used for the construction and storage of lobster traps: A check of the Department ' s local records did not produce any record of authorization for filling wetlands on the site . • JOE ' S SEAFOOD , INC . #440600305 • Monroe County - Marathon Page Three _. A 20+ ft. section of shoreline in the northeast corner of the site has been left unfilled. Vegetation in this area consists . of white mangroves (Laguncularia racemosa) , black mangroves (Avicennia germinans) and red mangroves (Rhizophora mangle) trees . The- shoreline consists of solution based Key Largo Limestone . • • The majority of the project site shoreline consists of exposed fill which extends below MHW. ' In some areas , the natural shore- line remains exposed and a small clump of white mangrove is located in one of these areas , just waterward of the fill . At the southwest end of the shoreline a small section of riprap revetment has already been built . Biota , living in the littoral zone , consists of bluegreen algae mats , fuzzy chiton (Acanthopleura tranulata) , false cerith (Bat;illaria minima) , red-brown ark Barbatia cancellaria) , hermit crabs and mussels . In general , the biota was Tserved to be richer in areas of natural bottom than -. in areas covered by fill . Starting at approximately MLW , a 20+ ft. wide zone in which the seafloor consists of exposed rock or rock with a very thin cover of sediments is found. . Flora in this area consists ' of Penicillus - sp . , Halimeda sp . and unidentified red algae . • The above described zone grades into a seagrass bed composed of turtlegrass (Thalassia testudinum) underlain by six inches to • one foot of sediment . The seagrass bed continues offshore for some distance and covers the remainder of the project site . The depth is approximately 4 ft . ;MLW. D. - Construction related activities can be expected to cause temporary elevated levels of turbidity , particulate organic compounds and dissolved organic compounds . ' Proper- use of turbidity curtains should be able to maintain acceptable water quality. Construction of the proposed revetment will result in the displace- . ment of the present biota . The riprap will eventually be colonized by a biota similar to that presently found on the shoreline . In the northeast corner the small area of unfilled wetlands will he substantially destroyed by the placement of riprap . The estimate of 35 cu . yds . of riprap to cover 250+ ft . of shoreline appears to he very low . Past .experience has indicated that 100 cu. yds . or more would be necessary on a shoreline of this nature . • JOE ' S SEAFOOD, INC . #440500305 Monroe County - Marathon • Page Four Shading from the proposed dock will tend to result in the elimination of the vegetation ' Under it . The four ft . above MHW elevation of the dock will tend to decrease this problem some- what . Boats tied up to the dock may also result in the elimina- tion of seagrass beds , due to shading . The extent of this impact • is difficult to determine without any information on the boats that will be tied to .the dock' but it could be more extensive than that caused by the dock itself. Use of the nearshore area for lobster trap storage and related activities will tend to result in secondary impacts to the adja- cent waters . Included in these impacts are discharges of oil from trap dipping practices . ; A moderate accumulation of miscell- aneous trash has already occurred on the site and will tend to increase in severity . • • • • • • • • • • • F1\�$$'a7iewoa R6lU•FR +It11111{ DOE ' S SEAFOOD, INC . #440500305 Monroe County - Marathon Page Five E . Under the provisions of Chapters 253 . 123 and 403 . 161 , Florida Statutes (F . S . ) and Chapter 17- 4 . 28 (2) (e) , Florida Administrative Code (F .A. C. ) , I recommend that the applicant be penilized for filling the Waters of the State of Florida without proper author- ization. Under the provisions of Chapters 253 . 123 and 403 . 087 (F . S . ) and Chapters 17- 3 . 051 (1) (a,b , c) , 17- 3061 (1) , 17- 3 . 121 (7) , 17-4 . 03 and 17-4 . 28 F .A. C . , I recommend this application be denied Departmental permitting authorization. If the following modifi- • cations are incorporated in the application , this inspector would give the project a favorable 'recommendation . 1 . Slope the uplands away from the water with a berm along the shoreline to prevent runoff of oil laden stormwater . • 2 . Decrease the width of the dock to 5 feet . 3 . Eliminate all filling along the northeasternmost 20 ft . of shoreline and remove all trash from this area. 4 . Placement of a dumpster on the site to accommodate the trash generated on site . • • • D VID SHOF , E . . DATE : Oct r 6 , 1982 • READ: /a 8Z • DEB/dvo