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Resolution 143-1981RESOLUTION NO. 143 -1981 WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, has received an application from WATERHILL ASSOCIATES, 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 placement of riprap and fill along a resi- dential shoreline and the construction of a concrete boat ramp on the northeast corner of this shoreline. The applicant states that the boat ramp will involve the excavation of 11 cubic yards (20'x20' area) waterward of Mmil and one cubic yard landward of MHW. The site drawings, however, indicate that 20 cubic yards will be excavated frcm the boat ramp "all inland from property line". The applicant further states that riprap and fill in the amount of 200 cubic yards will be placed landward of MHW. Again the site drawing indicates other- wise, showing much of the fill and riprap placement below a line indicating MHW. The boat ramp will be constructed to facilitate launching of small boats. Slope of the ramp will be 20:42 with the ramp bottom at-22 MEW. The applicant states that approximately 1200-1500 square feet of area will be covered waterward of MHW by riprap and fill. Additional fill will cover approximately 1400--1600 square feet landward of MEW. The revised drawings indicate that 180 cubic yards will be placed waterward of MHW, consisting primarily of "graded size boulders and rock". Approximately 100 cubic yards of "large boulders" will be placed 90 percent waterward of MHW. Approximately 100 cubic yards of "mostly small rock and fine fill" will be placed landward of MHW. All equipment will be brought to the site from the upland side of the property. Precautions will be taken to prevent "contamination from dredging or filling". The boat ramp will be constructed of steel -reinforced poured concrete. The general area in its natural state could be described as low-lying Miami oolite substrate emerging from Sugarloaf Sound and forming a strip of land that presently divides Upper Sugarloaf Sound from Lower Sugarloaf Sound. This emergent substrate rises to a sufficient elevation to form an uplands community. Upper Sugarloaf Sound,'which is the water body affected by the proposed project, is a shallow semi --impounded expanse of water relatively undisturbed by development excepting the few residences in the locality of the proposed project. Its depth does not generally exceed three feet and its bottom sediments are shallow, support - in hard algae communities responsible for or resulting from the water quality that is suprisingly good, considering,the limited outside water access and the potential for circulation. The lots presently utilized for waterfront SFR's were partially filled, possibly with the excavated material from the peripheral channel that is found 20-50 feet offshore and which connects to other inland canals one of which connects to Lower Sugarloaf Sound to the west. Both of the lots adjacent to the applicant's property have been developed and built upon. Lot 8 has an unaltered shoreline which appeared, at high -tide, to be primarily fine-grained limestone. Lot 5 was partially bulkheaded, with that portion of the shoreline adjoining the applicant's property walled and excava Eed to provide access to a small basin or boat slip. The access to this boat slip, which had been excavated to approximately -22 MLW had been completely revegetated with turtle grass (Thalassia testudinum). The applicant's property consists of two.lots which comprise a total acreage of approximately 150' x 210'. This property has been partially filled with loose limestone placed over a hard caprock substrate. This has resulted in limited erosion of the shoreline above the caprock. Riprap was apparently placed many years ago before permitting requirements, as judged from the vegetative growth on and around these large rocks. WATERHILL ASSOCIATES RESOLUTION NO. 143 -1981 Page Two The present riprap is somewhat scattered with most of the rocks 5-10 feet apart, limiting its potential for erosion control. The present riprap is below MLW and presently serves to dissapateenough wave energy to accommodate heavy patches of turtle grass directly behind (landward) the larger rocks.' Turtle grass and Batophora sp are also found in patchy amounts below MLW landward of the present riprap in some open areas. At the time of observation (high tide) it was estimated that turtle grass comprise approximately 15 percent of the total submerged benthic groundcover landward of the present riprap. In this same area, Batophora sp comprised about 10 percent of the groundcover. Benthos, for the most part, was uncolon- ized loose limestone rubble. The transitional type area adjacent to the impacted shoreline was dominated by sea daisy (Borrichia sp), buttonwood (Conocarpus erecta), and salt grass (Distichilis spicata). Impact of this project will be twofold. The initial impact of excavating submerged and partially vegetated bay -bottom will be a small reduction in benthic productivity. (This is assuming that excavation will occur below MHW). Applicant shows in his revised drawings no dredging below MHW. He also shows the bottom of the ramp to be -2 0 MHW, which would place the end of the ramp at the existing peripheral channel some distance offshore). Over a longer period of time, the submerged ramp wall.slopes should revegetate and the riprap to be placed should provide habitat for sessile organisms, crustacea and smaller fish. Given this tradeoff, it is felt that water quality and biological integrity should be maintain in the long term. Of less concern,but not of insignificance are several other aspects in need of attention. The boat ramp, if not properly sloped with respect to its perimeter, will facilitate increased upland runoff. The fill placed behind the riprap, if not contained directly by filter material/or indirectly by turbidity curtains, may create excessive turbidity and bottom siltation. The riprap and fill, if placed below MLW will destroy a small amount of bottom vegetation and productivity in the form of turtle grass and Batophora sp. 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 at a regularly scheduled meeting. (Seal) Attest: Jerk 19th day of May 19 81 BOARD OF COUNTY COMMISSIONERS OF APPROVED AS TO FORM AND aG% AL SUFFICIENCY. 8Y 7A-( Ali Grua BOARD OF COUNTY COMMISSIONERS Wilhelmina Harvey, District 1 Curt Blair, District 2 Mayor Protein Jerry Hernandez, Jr., District 3 MAYOR George E. Dolezai, District 4 Ken Sorensen, District 5 OUNTY MONROE KEY WEST, o 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: 1. Certificate of Complete Enclosures A---- 2. Permit 3. Application for Permit 4. Site Plan 5. Location Map 6. County Biologist Report 7. DER Assessment ✓ 8. Resolution DATE Zoning: RU-1 BY �6k4z Administrative Secretary CU-i'TY :'.;`'TY. PLANNING, BUILDING & ZONING DEPARTMENT PERT;fIT MONROE �= PERMIT FOR EXCAVATION, THE DEPOSIT OF NO. COUNTY \% FILL, OR STRUCTURAL ACTIVITIES IN THE F' WATERS OR WETLANDS OF MONROE COUNTY 1) Property owners name & mailing address 2) Date FOR DEPARTMENT USE ONLY WATERHILL ASSOCIATES .(Harry 0. & Nan D. Moline) Resolution No. 1400 Gri nnell Street 3) Phone number Key West, F1 33040 294-4190 or Date: (212) 953-4223 4) Contractor or agent's name, mailing address & phone number Lewis Construction Company 1400 Grinnell Street 294--4190 Key West, Fl 33040 5) Legal description of property: Section 3 Key Sugarloaf Subdivision Sugarloaf Shores Township 67 Lot 6 & 7 Block Section "C" Range 27 Street, road or mile marker Sugarloaf Blvd. Volume of material: dredged/excavated filled deposited 100 c.y. backfill Install 180' of 2 c.y. 9 c.y. c.y. c.y. riprap at MLW line waterward landward waterward landward of M.H.W. of 11.H.W, of M.H.W. of M.H.W. ZONING: RU•-1 PURPOSE: Prevent further erosion of property, boat ramp for private use. Cost of Per:.it Estimated cost of Construction Approved by Chairman BOARD OF COUNTY COtLMISSI01'ERS OF MONROE COUNTY, FLORIDA Biologist Comments - Restrictions or Special Conditions if any: "Approval, however, the rip -rap should be placed landward of the turtlegrass and Batophora, preferably along the MHW line." CODv_ in File Date Building OfL:icial MONROE.". �-6OUtNTY Property owners name h ;nailing address .s r rl 0, v llicrw iX tVA c, 1100 CCrIKxtL( .5V 1J.>sV, F(• 3 3, 0 C PLAV`II^Iln, Ri?ILDI'1C & 70'II`IG DEPAPT'TENT PER'1I= APPLICATIO` rOR FNCAATATIO"I, TiIE DFPOSIT OF FILL, STPUCTURAL ACTIVITIES IN TITF T. ATERS, OR WETLA:'M Oi '10tiPIOE COI;`ITY ate 13) Phone number �+) Contractor or agent's name, mailingaddress, phone & certification number. I_C—.) ,S `nnou'�1, 5 a IC G c: �C ( C- I �oo Cr,Kke_LI S'i,• I K,tr--f c.c/-ei T ,4G/- 33C> Y- Q Le -al description of Section, Township, , Range, % (if acreage) property: _ f Key, J�4-r l �°' r Subdivision, reS Lot, ` a`' 7 Block, Se- - C_Y-,c,Q Street, road or mile marker, 5,..�,-, i Zoning, De•scr.ibe the proposed activity, methods of construction & amount of material (in cubic yardq-?, to he excavated or discharr,ed. Describe purpose & intended use of projectp�/ �c.5 ��-l/ / b�C1)� �C ja ✓��[ o ML �ci %PrC.W dyed,,^.ed/excavated filled/deposited volume of material: c.v. c.y. C.Y. c. j- o t r1ya rd {a Td al~' of F1 'dame, address & zip code of adjoining property owners whose property affronts � water way. `tJw►. e�(:c [� ��fs� Ja�K N ��f 8 1�! RJdv�f St•�.�ar oo-Y- Q (Y d . S v-�-o v �vo Q Q ✓yak 'f' PX:i�, 6 r16 F5(• 3 3 v q G%0 33oq-f4 y/, 33oy Z S a) List other permits issued and/or applied for, include applicant s name, for this site 6".HA'bJ /i �. D r...i...JL. � �-�{-e_t � Ti'cr a�i•.. cam+ 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. List all Federal and State agencies that have received applications for this project. �= Q 1 C �rF This completed application form will be accompanied by the following, or it will NOT Be processed. wo 2) sets of drawings, on 8� x 11 paper, showing location, plot plan, top view and cross section of proposal, drawn to scale. b) Application processing fee as follows:I $25.00 for dredge, fill, docks OR any structures affronting natural water bodies. $10.00 for verticl 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 specified herein or not. The granting of a permit does not presume to give �• authority to violate or cancel the provisions of any county, state or federal law regulating construction or performance of constructio of this type faci� 5enaturro_P.b'i .Lean a ;e ate /?or Department Use Only/7�ln�� l r? Fee &-receipt il A d b'y . Director Per. on accepting application Cost of permit Estimated cost ot constructTom Lewis Construction Company, Inc. General Contractor 1400 Grinnell Street - Key West, Florida 33040 305-294-4190 p C) Ski:L�,i1ti� LJ i to % d y 2�f f6N �rCLz—V«. ��u ��co.1Y�C b w i' Uj TJ .� 141 /y ` �j C�C 14 C G,..•�. � <:--ate 3 O �� 5 ; d UC-L..' W SUWECT 17co/^; ! : a') . .J. l , C. G. BAILEY & ASSOCIATES LAND SURVEYORS POST OFFICE BOX 728, MARATHON, FLORIDA 33C50 TELEPHONE 289.OM / PLAT OF !;URVITEY ACT.-0N Ct Tiv FLAT P('01' ; , T F+AG ^ r , F'Ll131,Ir R:,^..l;R!) U�� I`.t.+"I:+,C'F +, r - LA . v Ax,�6%2'76— L? Lan-] u TOPS.* FORM 3397 uTN A. DEPARTMENTAL CORRESPONDENCE DATE May 6. 1981 SUBJECT i•/aterhill Assoniates- nip-rnn GraTT,lii n"A I1n8Z iamb To Hellry W '' i t DEP'T Planning, B ii ld n r & Zoninc Environnental / Ti` FROM Planning. • ! . Zonina LEGAL TWSP 67s, RGE 27, SECT 3, Sugarloaf Shores, Section C, Lots 6 & 7, Sugarloaf Blvd., Sugarloaf Key, Zoning is :?U-1. PURPOSE: This application is to be reviewed by the Board of County Commissioners in accordance with Chapter 19-11100(5) of the Monroe County Code. DISCUSSION: Applicant proposes to install 130 ft. of rip -rap along the :ILTI line of their shorefront property and construct a 20' x 30' boat ramp. Approxinately 100 c.,r. of rip -rap will be required and another 100 c.y. of hackf_ill. In addition, approximately 2. c.y. will be excavated T,Yaterward of. T414 I and another 9 c.y. lan.diyard of 'ItiGT for the boat ramp. Patciir_s of Thalassia (turtle crass) and Batophorn (1*reen alcae) were observed belou, the hig't tide line. The upland has been Previously filled and the sparse wetland venetAtion is from secondary growth. At the present time, no principle str_uctttre exists on the site. however, the applicant states on the n^R/Arm-y Corps application that a residence is planned. It should also be noted t:at no setbacks are liven between the goat ratnn and the adjacent property owner. INTENDED USE: Tn protect the s;ioreline from erosion, reclaim eroded land, and Provide water access for boat to peripheral channel. TOPS IT FORM 3397 LITH A. DEPARTMENTAL CORRESPONDENCE DATE 'iay 6, 1931 SUBJECT Waterhill Associates: Rip -rap seawall and boat ramp T Pa;;e tvo DEP'T FROM DEP'T EVALUATION: There is a possibility that the patches of seagrass and Batophora will be impacted as a result of the placement of the rip -rap. No other long term environmental effects are expected. REC0`VtE`,1)ATI0'T: Approval, however, the rip -rap should be placed landward of tiie . turtler rass and Patophora, preferably, along* -the 'MU line. VOTES: Dept. Environ. Red. an4 Army Corps permits have been applied for. RD/jf Dept. Environ. Reg. bio-report attacaed. Approved with Biologist's recommendation. 3201 GOLF COURSE BOULEVARD PUNTA GORDA, FLORIDA 33950 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION SOUTH FLORIDA BRANCH OFFICE January 2, 1981 Waterhill Associates c/o James Lewis 1400 Grinnell St. Key West, Fla. 33040 Gentlemen: BOBGRAHAM GOVERNOR JACOB D. VARN SECRETARY Re: Monroe County, File No. 44-27141-5E, Rip Rap and Backfill, Sugarloaf Sound As we advised you on 12-29-80 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 Council or their authorized permitting authority. Section 253.124, Florida Statutes, states that the county commission/city council ". .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. PAB/ck Enclosure DER Fora 17-1.122 (50) Sincerely P. A. Barbaccia Environmental Specialist DEPARTMENT OF ENVIRONMENTAL REGULATION PERMIT APPLICATION APPRAISAL File No.: 44-27141-5E County: Monroe Date: 9-30-30 Applicant Name Waterhi11 Associates Address: Box 311, Summerland Key, Fl. 33042 Agent (if applicable): Thomas J. Ackerman Address: Box 311, Summerland Key, FL 33042 Location of project: Section(s) 2 Township 67S Range 27r Section(s) Township Range T.oca?. Reference: Sugarloaf Key/Su,--arloaf Blvd. Upper +��d`�er Bodv; PP Sugarloaf Bay :Dater Classification of Project Area: III Adjacent waters: III :aquatic Preserve: N/A Outstanding Florida Waters: N/A �)n site inspection by: John A. Meyer Date of Inspection: 10-9-80 Original Application: Yes X 'No Revised Application: Yes No X Date: Date of 2nd Insp. Biological and Water Quality Assessment A. Description of proposed project and construction techniques.r Quantify area of project which extends into waters of the state (including the submerged lands of those waters and'the transi- isnal --ore cf 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 cn biological 1-esources and water quality. Address lone-t _�_. ct as well ,s immeliate 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) WATERHILL ASSOCIATES #44-27141-5t Monroe County - Sugarloaf Key Page Two A. The applicant proposes the placement of riprap and fill along a residential shoreline and the construction of a concrete boat ramp on the northeast corner of this shoreline. The applicant states that the boat ramp will involve the exca- vation of 11 cubic yards (20'x 20' area) waterward of MHW and one cubic yard landward of MHW. The site drawings, however, indicate that 20 cubic yds. will be excavated for the boat ramp "all inland from property line". The applicant further states that riprap and fill in the amount of 200 cubic yards will be placed landward of MMT. Again the site drawing indicates otherwise, showing much of the fill and riprap placement below a line indicating MHW. The boat ramp will be constructed to facilitate launching of small boats. Slope of the ramp will be 20:42 with the ramp bottom at -22 MHW. The applicant states that approximately 1200-1500 square feet of area will be covered waterward of MHW by riprap and fill. Addi= tional fill will cover approximately 1400-1600 square feet landward of MHW. The revised drawings indicate that 180 cubic yards will be placed waterward of MHW, consisting primarily of "graded size boulders and rock". Approximately 100 cubic yards of "large boulders" will be placed 90 percent waterward of Mmi. Approximately 100 cubic yards of "mostly small rock and fine fill" will be placed landward of MHW. All equipment will be brought to the site from the upland side of the property. Precautions will be taken to prevent "contamination from dredging or filling". The boat ramp will be constructed of steel -reinforced poured concrete. B. The general area in its natural state could be described as low- lying Miami oolite substrate emerging from Sugarloaf Sound and forming a strip of lard that presently divides Upper Sugarloaf Sound from Lower Sugarloaf Sound. This emergent substrate rises to a sufficient elevation to form an..uplands community. Upper Sugarloaf Sound, which is the water body affected by the proposed project, is a shallow semi -impounded expanse of water relatively undisturbed by development, excepting the few residences in the locality of the proposed project. Its depth does not generally exceed three feet and its 1;ottom sediments are shallow, supporting hard algae communities responsible for or resulting from the eater quality that is WATERHILL ASSOCIATES #44-27141-5E Monroe County - Sugarloaf Key Page Three surprisingly good, considering the limited outside water access and the potential for circulation. The lots presently utilized for waterfront SFR's were partially filled, possibly with the excavated material from the peripheral channel that is found 20-50 feet offshore and -which connects to other inland canals one of which connects to Lower Sugarloaf -- Sound to the west. Both of the lots adjacent to the applicant's property have been developed and built upon. Lot 8 has an unaltered shoreline which appeared, at high -tide, to be primarily fine-grained lime- stone. Lot 5 was partially bulkheaded, with that portion of the shoreline adjoining the applicant's property walled and excavated to provide access -to a small basin or boat slip. The access to this -boat slip, which had been excavated to approximately -22 MLW had been -completely revegetated with turtle grass (Thalassia testudinum). C. The applicant's property consists of two lots which comprise a total acreage of approximately 150' x 210'. This property has been partially filled with loose limestone placed over a hard caprock substrate. This has resulted in limited erosion of the shoreline above the caprock. Riprap was apparently placed many years ago before permitting requirements, as judged from the vegetative growth on and around these large rocks. The present riprap is somewhat scattered with most of the rocks 5-10 feet apart, limiting its potential for erosion control. The present'-riprap is below MLW and presently serves to dissa- pate enough wave energy to accommodate heavy patches of turtle grass directly behind (landward) the larger rocks. Turtle grass and Batophora sp are also found in patchy amounts below MLW landward of the present riprap in some.open areas. At the time of observation (high tide) it was estimated that turtle grass comprise approximately 15 percent of the total submerged benthic groundcover landward of the present riprap. In this same area, Batophora sp comprised about 10 percent of the groundcover. Benthos, for the most part, was uncolonized loose limestone rubble. The transitional type area adjacent to the impacted shoreline was dominated by sea daisy (Borrichia sp), buttonwood (Conocarous erecta), and salt grass istic ilis spicata). D. Impact of this project will be two -fold. The initial impact excavating submerged and partially vegetated bay -bottom will a small reduction in benthic productivity. (This is assuming of be that WATERHILL ASSOCIATES #44-27141-5E Monroe County - Sugarloaf Key Page Four excavation will occur below MHW. Applicant shows in his revised drawings no dredging below MHW. He also shows the bottom of the ramp to be -22' MHW, which would place the end of the ramp at the existing peripheral channel some distance off shore). Over a longer period of time, the submerged ramp wall slopes should re - vegetate and the riprap to be placed should provide habitat for sessile organisms, crustacea, and smaller fish. Given this tradeoff, it is felt that water quality and biological integrity should be maintained in the long term. Of lesser concern, but not of insignificance are several other aspects in need of attention. The boat ramp, if not properly sloped with respect to its perimeter, will facilitate increased upland runoff. The fill placed behind the riprap, if not con- tained directly by filter mat'l.or indirectly by turbidity curtains; may create excessive turbidity and bottom siltation. The riprap and fill, if placed below MLW will destroy a small amount of bottom vegetation and productivity in the form of turtle grass and Batophora sp. WATERHILL ASSOCIATES #44-27141-5E Monroe County - Sugarloaf Key Page Five E. Based -on potential impacts to water quality and the affects upon the biological communities found therein, approval is recommended with the follo*,ring procedures su any detrimental impacts that might occur; ggested to limit 1.) Wall slopes of the boat ramp should be gradual (at least 2:1)'for that portion of the ramp below MLW to facilitate turtle grass revegetation. Wall slopes above MLW should be vertical to minimize runoff and stabilized to prevent erosion and subsequent siltation. 2•) The boat ramp wall perimeter should be graded inland to 2 prevent upland runoff onto the ramp and into state waters. 3.) Filter paper should be placed behind the larger boulder riprap to retain the fill. Turbidity curtains should be used during excavation of the beat ramp. 4.) The riprap and fill should be limited to the area landward of MLW to prevent excessive destruction of benthic vegeta- tion. J ER, E:'SPEC. I1 Daze: Oct r/ r 10, 1980 Read: G Et B E JAM; dvo