Resolution 142-1981
RESOLUTION NO. 142
-1981
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
has received an application from CHARLES W. LI~IDER 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 the construction of a seawall bulkhead along
an eroded shoreline, involving the placement of approximately 800 cubic yards
of backfill, of which approximately 400 will be deposited along an artifi-
cially created canal and 400 will be deposited along an open water shoreline
adjacent to a peripheral channel. Of the cubic yardage proposed for place-
ment, approximately 50 percent will be placed below MEW, a maximum of ten feet
waterward of MHW.
Riprap will be placed at the toe of the seawall, a maximum of five feet
out. The proposed seawall will serve as a dock for private boat mooring.
It will be constructed of concrete on la' centered piles. The deck will have
a 3' overhang and will have concrete tie backs. The present elevation of the
lot is 5.0', at which height the seawall'will be constructed.
The lots contained within this subdivision and surrounding subdivisions
were created from deep canal excavations which are commonplace along this
entire shoreline. These deep canals are joined at their mouths by a shallow
peripheral channel which extends for most of the length of the shoreline but
does not lead to deep water offshore. Offshore waters are, in fact, shallow
throur;llout with very limited large boat access to any type of deeper waters.
The lots along these canal shorelines are 25-50 percent developed. Pew of
these lot shorelines have been stabilized although erosion, especially on the
northernlots bordering open water, is very much evident. Offshore waters
support patchy seagrasses where sediments permit. These sediments are thin and
are of a soft, fine particled texture, readily stirred up by wind and wave action.
Depths range from 1-3 feet within the body of water enclosed by Shark Key to
the east and Half Moon Key to the north.
The applicant's lot drops sharply from upland elevations to the rubble
shoreline which has been extended landward as a result of erosion. Fill
composition of this lot is loose limestone and marl overlying a hard Miami oolite
caprock substrate. Scattered sea purslane (Sesuvium portulacastrum)is found along
this erosion line, although vegetation, in general, is sparse. Between the
erosion line and the wrack line, a five foot strip of unvegetated limestone rubble
exists.
Below the wrack line and continuing through the intertidal zone to MLW, the
Miami oolite substrate has been exposed. This intertidal substrate has numerous
large rock boulders not eroded by wave action and which form somewhat of a
riprap line. This line of boulders supports a large popu12tion of gastropods,
of which the thin-shelled oyster (Isognomon ~.) and mussels (Mytilidae) are
most numerous.
During the on-site inspection, which was done at a relatively low tide, most
of the above bivalves along with green algae colonies of the Batophora genera were
above the water line. Just below the water line there existed a dense vegetation
strip which was somewhat narrow but which ran the entire length of the shoreline.
This vegetation was composed primarily of brown and red algaes of which Acantho-
phora E.E.. dominated. TurUegrass (Thalassia testudinium) was also found here in
somewhat less than dense although significant amounts.
1 of 2
LINDER, CHARLES W.
RESOLUTION NO.
-1981
Past this submergent vegetation, the bottom drops and benthic flora
becomes scattered.
Stabilization of this shoreline will eliminate the erosion problems
now experienced. As such, deleterious sedimentation and turbidity problems
will be lessened. Because this shoreline is highly unstable, with the
majority of it non-submergent, little in the way of permanent marine biota
or habitat will be lost. If the applicant's boat mooring is confined to the
canal side, the seagrasses found along the open water shoreline will be retained.
BE IT RESOLVED BY THE BOARD OF COUNTY CO}1MISSIONERS 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
19thday of
May
19 81
Commissioners of Monroe County, Florida, this
at a regularly scheduled meeting.
BOARD OF COUNTY COMMISSIONERS OF
M NROE COUNTY, FLORIDA
(Seal)
APPROVED A$ TO FORM
AAVJ'CML NWCIE-iJ'
BY !'M...o~~, ,~/J
,1"~ CMIM ~'k
2 of 2
}n.;f , '-Cf!:<-&-
BOARD OF COUNTY COMMISSIONERS
Wilhelmina Harvey, District 1
Curt Blair, District 2
Mayor Protem Jerry Hernandez, Jr., District 3
MA YOR George E, Dolezal, District 4
Ken Sorensen, District 5
~
OFFICE OF:
Planning & Zoning Dept.
Public Service Center
Key West, Fl 33040
(3051 294-4641
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Monroe County Legal Department
Key West, Florida 33040
I, the undersigned, do hereby attest that all data and information
is complete in the package of the applicant as follows:
1. Certificate of Complete Enclosures V
2. Permi t ----
3. Application for Permit t---
4. Site Pl an J-
5. Location Map t.-
6. County Biologist Report t,/'-
7. DER Assessment ~
8. Resolution r-
BY ~~~. ~ )/J!PL
Admlnistrative Secretary
DATE
q/:;;.Y/J?I
( I
Zoning:
RU-4
~W:(Grnuw~~
MAY '7 .981
COUNTY AllY.
l~~fE ~
rr-' ~ ~
IT'
t;~ PLANNING, BUILDING & ZONING DEPART~1ENT PER}lIT
MCN~OE ~ '::. PERHIT FOR EXCAVATION, THE DEPOSIT OF NO.
COUNTY \ ..;.1:: J FILL, OR STRUCTURAL ACTIVITIES IN THE
~ //
~~ WATERS OR WETLANDS OF MONROE COUNTY
-, ---
1) Property o~vners na!ne & mailing address 2) Date FOR DEPARTMENT USE OXLY
Charles W. Linder and Mary V. Linder Resolution No.
6930 N. Park 3) Phone number
Indianapolis, Indiana Date:
H- (317) 251-3668
W- (317) 637-3170
4) Contractor or agent's name, mailing address & phone number
Gloria Medina (Mrs. Joseph)
c/o Century 21, Baragar & Gibson I
Overseas Highwav. Sugarlof Kev. Fl 33044
5) Legal description of property:
I Section 22 Key Big Copitt Subdivision Porpose Point Section 5
Tm.mship 67S Lot 11 Block 8
Range
26E
Street, road or mile marker Sapphire Drive
Volume of material:
dred~ed/excavated
filled deposited
c.y.
waterward
of M.H.H.
c.y.
land,iTard
of t1.H.W.
50 c.y. 430 c.y.
waterward landward
of M.H.W. of M.H.W.
ZONING: RU-4
PURPOSE: Seawall to prevent erosion and serve as boat-dock
Cost of Pemit
Estimated cost of Construction
Approved by
Chairman
BOARD -OF COUNTY Cm~nSSlmmRS
OF NONROE COUNTY, FLORIDA
Biologist Comments - Restrictions or Special Conditions if any:
"Approval"
CODV in File
Date
Building Official
~,
'ff Property owners name & ma i 1 i ng
~.~NRCE
COUNTY
PLANNING, BUILDING & ZONING DEPAR",~...
PERMIT APPLICATION FOR EXCAVATION, THE
DEPOSIT OF FILL, OR STRUCTURAL ACTIVITIES
IN THE WATERS OR WETLANDS OF MONROE COUNTY
address 2 Date For De artment Use Onl
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( I ) I~ ~:':--0 S':t;l,"'",,-, ,'") .:'--> :< ,-
C \ c1r/~<: \..u ,I, J\ \ (?I' 01..,1
IJ ~. n r- '1 c/ I -\ 1'<-1 3). rf.hone number
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'(, c; 3 c> N, P'l ("' l. x:::: he) , r. J:" h ) ~ 3; -103 ~)-3J'>p
4 Contractor or agent I s name. mail i ng address & phone num1fe-IQ P:>I.\J "? if S-:-t y si
r:: /0 I / c, /'vI e oj ; 0) c, (l'V\rs. -r~:-St'" ~k Mc-Ji^l ~~) Hctr-Q '7 tfS'"""- (97')
c~'C-c..(d'''',f'y}..( ~c;r'::'.J-....r -;--G,'bSccI ,oversr''l-S H-11l-.1.\J<:() ~4)4.-J#l ~ey Ai, ~3"t-('-/
Legal descriptlon of property:
Section, e1...L
Township, h 7 .j
~E
(if acreage)
Range.
Key. ,6).7 Cpptll.f Subdivision, ikr,,'J5 ~ Pdjnt
Lot, J J Block. g;
'~'-..!-L""'# h <' <.\S r4j' P'~1- B,;-.;ol~~A~-?,e J/i_ N!ll~r~~ G,"''1~1 H'\:.
Street. road or mll e marker. ~Jr~ 001/-<. ,~
/H!j;(, JeU-4- ^
Describe the proposed activity, methods of construction & amount of material. in cubic
yards). to be excavated or discharged.
A. EXCAVATION - Removal and disposal of unclassified excavation ( rock, earth, other material)
using appropriate equipment.
B. BACKFILL - Furnish and place select granular backfill material composed of sound, durab1
particles ( 6 inches to 1/4 inch ). No compaction required.
dredqed/ excava ted}.rO
~_...-/ jJ
c.y. (40) c.y.'-y 50 c.y. 430 c.y.
waterward landward ,- waterward landward
of M.H.W. of M.H.W. of M.H.W. of M.H.W.
Name, address & zip code of adjoining property owners whose property affronts water way.
I J..c-+ I~ -TIV-<-J.So" ~J--f-(;'f?5 rAhr. J-e~[rJe..s E'--3C;- ,8a..YC\J VJ (\J 0 R r L.--l./ ~
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; ")~-.J,~ '1c. !1.LJ1t-J.o'",sl-o).. sf-. Me bofJ'.e. i~"i.3 ~'?3~
I This completed application form will be accompanied by the following. or it will
! NOT be processed.
9TWO (2) sets o~ drawings, on 8'. X 11 paper, showing location, plot plan, top view
~ and cross sectlon of proposal, drawn to scale.
b) Applica ion processing fee as hlllows:
25.00 for dredge, fill, docks OR any structures affronting natural water bodies.
.0 for vertical seawalls onIllan-made bodies of water.
$25.00 for any ;om~ination of the above activities per site.
volume of material:
filled/deposited
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 applicatiun, 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 specified herein or not. The granting of a permit does not presume to
give authority to violate or cancel the provisions of any countY'1;;1te or fede~al law
regulating construction or performance of constructi of this tY~_f faci 'ty.
~ /~' ~A ~./A1/;I/1
Si nature f a llcant a ent
~-c;-~C}
Date
For Department Use Only
-~ ,. ,.-' ".; r
Person accepting application
Fee & receipt #
Approved by Assistant Director
Cost of permit
Estimated cost of construction
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LOT IlJ BLOCK 8 OF 'PORPOISE POHH SECTIOH FIVE'
AS RECORDED IN PLAT BOOK 5 AT PAGE 119 OF THE
PUBLIC RECORDS OF fbNROE (OUNTYJ FLORIDA.
(U1DIES \,1 L'I~lncR
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JUNE 24, 1980
FROM.....
LINDER, FILL BELOW M.H.W.
BIG COPITT, PORPOISE POINT,
BLOCK 8, LOT 11.
TO.......
Application has been made to the county for the construction
of about 270 I inear feet of concrete bulkhead, and about 500
cubic yards of necessary backfill, 50 of which is intended to
be placed below the mean high water mark. The purpose of this
proposal is to establ ish a bukhead I ine and to prevent future
erosion along this RU-1 property.
Approximately 125 feet of this proposed seawall would affront
a man-made channel on Fla. Bay, with the remaining 145 feet
being intended for the canal portion. The entire subdivision
has been extensively altered by dredge/fill activities in the
past.
Marine biota noted within the portions affronting the channel
and intended for back fill include the alga Rhipocephalus sp.,
the grass Thalassia testudinum, the alga Penicillus sp., gastro-
pods Nerita sp., and oysters Isognomon sp.{?). The densities
of these types of biota are relatively sparse, with the largest
Thalassia sp. patch being about 3 X 3 feet.
Recommendation -- approval
Both COE and DER permits would also be required; a DER bio-survey
will be forthcomming.
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STATE OF FLORIDA
BOB GRAHAM
GOVERNOR
JACOB D. VARN
SECRETARY
1J201 GOLF COURSE BOULEVARD
PUNTA GORDA. FLORIDA 33950
DEPARTMENT OF ENVIRONMENTAL REGULATION
SOUTH FLORIDA BRANCH OFFICE
March 11, 1981
Charles W. Linder
c/o Gloria, Medina
c/o Century 21 - Barager & Gibson
Overseas Highway
Sugarloaf Key, Fla. 33044
Re: Monroe County, File No. 44-3490S-SE,
Seawall
Dear Mr. Linder:
As we advised you on 9-26-80 , your application is
incomplete without local approval, pursuant to Section 253.124,
Florida Statutes, for filling waterward of the existing mean/
ordinary high water line.
Please submit the enclosed copy of our biological comments
together with your permit application to the Board of County
Commissioners/City Councilor their authorized permitting
authority. Section 253.124, Florida Statutes, states that the
county commission/city council n. . .shall have in hand the
(biological) report and findings thereof." It further states,
"The report shall be read into the record and duly considered
at the same meeting at which the board of county commissioners
or other authorized body takes final action on the application
for permit."
You will need to obtain a copy of the minutes of the meeting
or an appropriate indication of the local approval. This
letter, resolution or copy of the minutes should be sent to
this office. Your application will remain incomplete without
valid local approval. If you have any questions concerning
this procedure, please contact us.
Sincerely,
~ru;. ~
R\'1a/ ck
Enclosure
R. W. Cantrell
Dredge & Fill Supervisor
DER Form 17-1.122(50)
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LINDER, CHARLES W.
1/44-349.05-SE
Monroe County -
Page Two
Dl..; :;0 cU\, u" '''_ T
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--
Key West
.---.......-- .
A. Applicant proposes the construction of a seawall bulkhead along
an eroded shoreline, involving the placement of approximately
800 cubic yards of backfill, of which approximately 400 will be
deposited along an artificially created canal and 400 will be
deposited along an open water shoreline adjacent to a peripheral
channel. Of the cubic yardage proposed for placement, approx-
imately 50 percent will be placed below MHW., a maximum of ten
feet waterward of MHW.
Riprap will be placed at the toe of the seawall, a maximum of
five feet out.
The proposed seawall will serve as a dock for private boat
mooring. It will be constructed of concrete on 10' centered
piles. The deck will have'a 3' overhang and will have concrete
tie backs.
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The present-elevation of the lot is 5.0', at which height the ---
seawall will be constructed.
B.
The lots contained within this subdivision and surrounding sub-
divisions were created .from deep canal excavations which are
commonplace along this entire shoreline. These deep canals are
joined at their mouths by a shallow peripheral channel which
-extends-for most of the length of the shoreline but does not
lead to deep water offshore. Offshore waters are, in fact,
shallow-throughout with very limited large boat access to any
.. typ.e ofd_e_Etl>erwaters. .. _._____
The lots along these canal shorelines are 25-50 percent devel-
oped. Few of these lot shorelines have been stabilized although
erosion, especially on the northern lots bordering open water, -
is very much evident.
.
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Offshore waters support patchy seagrasses where sediments permit. '-
These sediments are thin and are of a soft, fine particled texture,~~~
readily_stirred up by wind and wave action. Depths range from '
. 1-3 feet within the body of water enclosed by Shark Key to the ,~
east-and ~Half Moon Key to the north. --
, ..
C. The applicant's lot drops sharply from upland elevations to the
rubble shoreline which has been extended landward as a result of
erosion. Fill comoosition of this lot is 'loose limestone and
marl overlying a hard Miami oolite caprock substrate.
Scattered sea purslane (Sesuvium oortulacastrurn) is found along
this erosion line, although vegetation, in general, is sparse.
-. ..
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Vi
LINDER, CHARLES W.
4/44-3490S-SE .-
Monroe County - Key West
Page Three
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Between the erosion line and the wrack line, a five foot strip
of unvegetated limestone rubble exists.
Below the wrack line and continuing through the intertidal zone
to MLW, the Miami oolite substrate has been exposed. This
intertidal substrate has numerous large rock boulders not eroded
by wave action and which form somewhat of a riprap line.
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This line of boulders supports a large population of gastropods,
of which the thin=shelled oyster (Isognomon~) and mussels
(Mytilidae) are most numerous.
During the on-site inspection, which was done at a relatively low
tide, most of the above bivalves along with green algae colonies
of the Bato~hora genera were above the water line. Just below
the water l~ne there existed a dense vegetation strip which was
somewhat narrow but which ran the entire length of the shoreline.
This vegetation was composed primarily of brown and red algaes
of which Acanthophora ~ dominated. Turtlegrass (Thalassia'
testudinium) was also round here in somewhat less than dense
although significant amounts.
Past this submergent vegetation, the bottom drops and benthic
flora becomes scattered.
~
- -'-~
-.:. ~--.'
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D. Stabilization of this shoreline will eliminate the erosion problems :~;
now experienced. As such, deleterious sedimentation and turbidity -- --,,";
problems will be-lessened. Because this shoreline is highly , ,
unstable, with the majority of it non-submergent, little in the way ~:~~
of permanent marine biota or habitat will be lost. If the applicant '-Si
boat mooring is confined to the canal side, the seagrasses found--~~
along the open water shoreline will be retained. '-~
.;:._~
-~