Resolution 134-1981RESOLUTION NO.' 13.4 -1981
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
has received an application from B. G. CARTER, 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 is.ap.plying for an after -the -fact permit for riprap and
backfill placed below MHW on an open water shoreline on Cudjoe Key. Work was
performed sometime in early 1978. Purpose was to recover eroded property and -
to prevent further erosion of the owners shoreline. About 150 c.y, of riprap
and fill were placed waterward of MHW and not landward of MHW as stated in
Section 6 of the application. Work was performed from existing uplands.
The site is on the west side of Cudjoe Key in an area of artificial
residential uplands created by the excavation of finger canals and peripheral
channels. Open water shorelines have subsequently been croded back by wave
action and secondary growths of shoreline vegetation have occurred. Cudjoe Bay
is relatively shallow and contains extensive area of seagrasses and hard
bottom algae -sponge communities. Upland development is about 10-20% of
available residential land.
The site isa rock rubble shoreline that has eroded back about 15 feet
from the adjacent peripheral channel which is about 40' wide and 15' deep.
Seagrasses are present in and along the edges of this channel but vegetation
on the sloping rock rubble is limited to Batophora and other algae below MLW.
Riprap and backfill has been placed to within about 4' of this channel.
Adjacent shorelines are unaltered and also eroded and possess scattered small,
secondary growths of red (Rhizophora), white (Laguncularia), and black
(Avicennia) mangroves. Transitional vegetation is essentially lacking from
these open -water shorelines.
The unauthorized fill is presently unvegetated. This site is located
on a corner formed by the open -water shoreline.and a finger canal that the
applicant has bulkheaded along his property line and in which he also
constructed a boat basin measuring about 15' x 33' x -5' MLW.
This project as already completed has had no adverse impact on local
biological resources and has served to stabilized the shoreline from further
erosion and allow the applicant to recover some of his eroded property.
The sloping intertidal rubble zone has been lost and replaced by an intertidal
zone along the riprap line. The long-term trend, however, of this type of
project on artificial shorelines is the elimination of secondary growths of
mangrove fringing vegetation.
Page 1 of 2
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 -2-1$+- day of
APR 1. 1900 at a regularly scheduled meeting.
(Seal)
Attest;
i
Clerk
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Page 2 of 2
Mayor
APPROWND AS TO FORM
AND LE" XWJCENCy
BY
Alwr @ OWW
BOARD OF COUNTY COMMISSIONERS
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
.cc a
2 OUNTY o MONROE
+/ KEY WEST, FLORIDA 33040
(305) 294-4641
Monroe County Legal Department
Key West, Florida 33040
OFFICE OF:
Planning & Zoning Dept.
Public Service Center
Key West, F1 33040
I, the undersigned, do hereby attest that all data and information
is complete in the package of the applicant as follows:
I. Certificate of Complete Enclosures
2.
Permit
3.
Application for Permit
4.
Site Plan
y
5.
Location Map
6.
County Biologist Report
7.
DER Assessment
✓`
8.
Resolution
Z/
DATE— Lf.�.� o?
Zoning: RU-1
BY
Administrative Secretary
WuN Y ATTY.
MONRDE PLANNING, BUILDING & ZONING DEPARTMENT PER.;fIT
PERMIT FOR
EYCAVAT_ION, THE DEPOSIT OF NO.
COUNTY FILL, OR
STRUCTURAL ACTIVITIES IN THE
WATERS OR
WETLANDS OF MONROE COUNTY
1)
Property owners namee/& mailing address
2) Date
FOR DEPARTi•IENT USE ONLY ,
Mr. B. G. Carter
2/7/81
R.O. Box 100
Resolution No.
Summerland Key, F1 33042
3) Phone number
Date:
745-1958
4)
Contractor or agent's name, mailing address & phone number
Construction completed. (After -the -fact Permit)
5)
Legal description of property:
Section 33 Key Cudjoe
Subdivision Cutthroat Harbor Estates
Township 66 South Lot 10
Block 27
Range 28 East Street, road
or mile marker Long Ben Lane i
I
1
Volume
of material: dredged/excavated
filled deposited
c.y. c.y.
90 c.y. 60 c.y.
waterward landward
waterward landward
of M.H.W. of M.H.W.
of M.H.W. of M.H.W.
ZONING: RU-1
PURPOSE: Reclaim property'lost to erosion
Cost of Permit Estimated cost of Construction
Approved by
Chairman
BOARD OF COUNTY COiL`TISSIONERS
OF MONROE COUNTY, FLORIDA
Biologist Comments - Restrictions or Special Conditions if any:
"Approval"
Conv in File Date
1:u i ir Sr �JI<<C i,.?1
" NNINC, BUILDING
NIgC3F �
& ZONING
DEPARTttENT
IT APPLICATION
'
,MO ��� EXCAVATION, THE
DEPOSIT
OF FILL, 0
UCTURAL
60UJ jT'Y ACTIVITIES IN TITE WATERS
OR
WETLAND OF
MONROE COUNTY
1) Property owners name & mailing address 2) Date Phone num e
Mr. B G CEfrter
745-1958
P. 0. Box 1.00 7 Feh, A. D, 19 1
Summerland Key, Fla .33042
4) Contractor or agent's name, mailing address, Phone & certification number-.
5) Legal description of property:
Section, 33
Township, 66 South
Range, 28 East
(if. acreage)
Cutthroat Har.-
Key, Cur? joe Subdivision, bor Estates
Lot, 10 Block, 27
Street, road or mile marker, Lona Ben Lane
Zoning, RU-1
G) Describe the proposed activity, methods of constriction & amount of material
(in cubic yards), to be excavated or discharged. Describe purpose & intended
use of- project.
Placement of rip -rare seawall along front of pr. onerty. Purnose is to
.reclaim some of the pronerty which was lost to erosion ane to orevent
draining of silt from tilled uplanr3s. The methor of work was to place
larcre boulders along the shoreline, smaller boul-lers behind the, and
then to fill with cd ]nefdi/le!ccavated filled/deposited
volume of. material: C,v. c.y. apn, 90 c.y. ann 60 c.v.
_ o tet ; FI : :� o f�tE-t , 11 . W , i; . if a T d a ci
7) Name,'address & zip code of adjoinin.a property owners whose property affronts
water way.
Only adjacent owner on Bav is:
" B rt Sager
9600 '. outhwest 52nq Tvenue, Miami. Fla, 3315F,
8 a) List other permits issued and/or applied for, include applicant's name, for
this site
Have annlied for nermit from U S'. Army! s Corns of Engineers on the joint
application to. Corps to D, T1. R. In lei-Qr. from Corps--12 Jan, 1981--
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.
Col Adams inryicater that no enforr'e-nt wct ion was founri necessa-r-v if
after the fart permit was granted, j
List all Federal and State agencies that have received applications for this
pro j ect .
See above--D. E. R, & Corns 'hv join- application to Corps,
This completed application form will be accompanied by the following, or it will
NOT Be processed.
a) Two (2) sets of drawings, on 8� x 11 paper, showing location, plot plan, top view f
and cross section of proposal, drawn to scale.
b) Application processing fee as follows::
$25.00 for dredge, fill, docks OR apy structures affronting natural water bodies.
$10.00 for vertical seawalls on —man-made bodies of water.
$25.00 for any combination of the above activities per site.
Application 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 knowledge & belief such information is true, complete & accurate..
I further certify that I possess the authority to undertake the proposed activities.
All provisions of laws and ordinances governing this type of work will be complied with
whether so_ecified herein or not. The granting of a permit does not presume to give
iauthority to violate or cancel the provisions of any county, state or federal law
regulating construction or performance of constructi n Iof this type of facility...
r' L
or aop scan ages ate/
/Vor Department Use Only/
1 � - S r D.
Fe
e & receipt i Approved by Ass.t. Director
P�-erso¢%nc.cepting application
Cost of permit Estimated cost 0 cons
Armli.cat-ion of R r- Car+-er
lo+- 10, block 27, Cui-tbr.oa+-
Hai -'-)or.
Fs+ -a+ -es,
rur joe, Yev, Irla
Flan' view +-o scale of 3/32
J �c (l;-
r--
Afi iacen+- nroner-+-v owner:
I
On no.r+-h--1C)+-9--},lock 7-7�1-
Mr. PArt- Sager
i
T �
f
4
lot 10, I-Im"
Plan vipw —0,
VICINITT PAP
Arsplication of B G Tarter ( CUM IO, vev)
A. A. Chart nuTber
s 0ORCE: N. 0. nimrOWNiOn Of :40,000 a* 240 38'
Mercat.
CAN
i
TOPS -FORM 3397 LITHO IN
DEPARTMENTALCORRESPONDENCE
DATE M- r h 24, 1G81
SUBJECT Carter, B.G. , Rip -rap seawall and fill
FROM
DEP'TPlarining, B ti1 6ing & Z.oning
Environmental
DEP'TPlannir_g, Building & Zoning
LEGAL
T4ISP 66s, RGE 23e, SECT 33,, Cutthroat
Harbor Estates, Lot 10, Blocs- 27,
Cudjoe Key. Zoning is RU-1.
PURPOSE:
This project is to be reviewed by the Board of County
Commissioners in accordance with Ordinance 13-1930.
DISCUSSION:
Applicant i.:� applying for an after -the -fact permit for a
rip --rap seawall and backfill along Cudjoe Bay, Appro.-_iraat-ely
150 c.y. of material was placed waterwaxd of PIHW, according to
the attached'DER report,
y listing of the vegetation found in this area is presented
:in the DER report,
RASON FOR PROJECT:
Shoreline protection from erosion and to reclaim eroded
land.
EVALUATION:
No long term environmental impacts on the area, The project
has stabilized the shoreline from erosion.
This project would have been reviewed favorable if properly
applied for.
RECOMMENDATION:
;,TOTES
i;D/ j f
Approval.,
1. DER report attached,
2. DER and Army Corps permiLs required,
J
DEPARTMENT OF ENVIRONMENTAL REGULATION
PERMIT APPLICATION APPRAISAL
File No.: 44-25780-5E
County:
Monroe
Applicant Name: B.G. Carter
Address: P.O. Box 100 Summerland Key,
Agent (if applicable):
Address:
NA
Location of project: Section(s)
Local Reference:
Water Body:
Section(s)
Cudjoe Key
Cudjoe Bay
Date: 12-3-79
Fl. 33042
33 Township 66 S
Township
Range 28E
Range
Water Classification of Project Area: III Adjacent Waters: III
Aquatic Preserve:
NA
Outstanding Florida Waters:
On site inspection by• Curtis Kruc:_
Date of Inspection: 9/7/79 9/11/79
Revised Application: Yes—NoX Date:
NA
Original Application: Yes X No
Date of 2nd Insp.
Bioloqical 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 nf 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)
f '
0
B.G. Carter
#44-25780-5F
Monroe County - Cudjoe Key
Page Two
A
A. The applicant.is applying for an after -the -fact permit
for riprap and backfill placed below MHW on an open -
water shoreline on Cudjoe Key. Work was performed
sometime in early 1978. Purpose was to recover eroded
property and to prevent furthur erosion of the owners
shoreline. About 150 c,y. of riprap and fill were
placed waterward of MHW and not landward of MHW as
stated in Section 6 of the application. Work was per-
formed from existing uplands.
B. The site -is on the west side of Cudjoe Key in an area
of artificial residential uplands created by the ex-
cavation of finger canals and peripheral channels. Open -
water shorelines have subsequently been eroded back by
wave action and secondary growths of shoreline vegeta-
tion have occurred. Cudjoe Bay is relatively shallow
and contains extensive area of seagrasses and hard'bott-
om algae -sponge communities. Upland development is a-
bout 10-20% of available residential land.
C. The site is a rock rubble shoreline that has eroded
back about 15 feet from the adjacent peripheral chan-
nel which is about 40' wide and 15' deep. Seagrasses
are present in and along the edges of this channel
but vegetation on the sloping rock rubble is limited
to Batophora and other algae below MLW. Riprap and
backfill has been placed. to within about 4' of this
channel. Adjacent shorelines are unaltered and also
eroded and possess scattered small, secondary gr.orqths
of red (Rhizo hora), white (Laguncularia), and black
(Avicennia) mangroves. Transitional vegetation is
essentially lacking from these open -water shorelines.
. The unauthorized fill is presently
unve-getated. This site is located on a corner formed
by the open -water shoreline and a_finger canal that
the applicant has bulkheaded along his property line
and in which he also constructed a boat,basin measur-
ing about 15' x 33' x -5' MLW.
D. This project as already completed has had no adverse
impact on local biological resources and has served
to stabilized the shoreline from further erosion
and allow the applicant to recover some of his eroded
property The sloping intertidal rubble zone has
been lost and replaced by an intertidal zone along
the riprap line. The long-term trend, however, of
this type of project on artificial shorelines is the
elimination of secondary growths of ma.�;rove fring-
ing vegetation.
B.G. Carter
#44-25780-5E
Monroe County - Cudjoe Key
Page Three
E. Based on biological co:sid erations and in accordance
with Chapters 17-3 and 17-4 FAC and Section 253 and
403 FS I recommend approval of this after -the -fact
permit application as proposed.
Photos of site are available from enforcement/ Ft.
Ayers if desired.
6)
CURTIS R. KRUER, ENV. SPEC. IT
DATE: January 23, 1980
READ: 415 d1� 0
'N BO
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