Resolution 153-1981RESOLUTION NO. 153 -1981
WHEREAS, the 30API) 01 COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
has received an app]=ic._ticn from KEY HAVEN ASSOCIATED ENTERPRISES, INC.
a rid
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 excavation of a 202' x 601 flushing channel
to an undetermined cepth, the fill from which (5,400 cy's) will be placed in
an existing canal for the construction of a causeway, This work is proposed
pursuant to settlement and restoration consent agreement and request by the
Carps of Engineers. It is felt that this work will improve circulation
within the inland canal system, while still maintaining access to the northern
end of Driftwood Drive.
The proposed causeway will involve the placement of 420 cubic yards
wa.terward of MHW and 4980 cubic yards landward or above MHW. Final grade will
ba elevated from -1.3 MSL (average) to +4.0 MSL. Said causeway will connect
Floral Avenue with Drrftwood Drive, The proposed causeway will have two 36"
concrete culverts to allow for flushing. A concrete headwall will be
constructed around these culverts. The existing canal to be filled is approx-
imately 60 feet wide. The width of the causeway will be 36 feet, 20 feet
o_ which will be paved. A gutter and sidewalk will be constructed on either
side of the pavement. The proposed flushing channel will connect an existing
c.ina*1 with outside waters, which were dredged previously as a borrow pit.
Key Haven Subdivision and its associated canal network was created some
t:_me ago before state permitting requirements. The tenth addition of this
subdivision contains a deep canal network that presently connects to outside
waters but, due to shallow depths, is not reasonably navigable. The tenth
addition canal network includes two major canal branches, the southernmost
one of which exhibits smaller comb -like branches. These two main branches
and the associated comb branches connect to the portion of the canal that
leads to the shallow open waters of Florida Bay. This connecting canal, which
joins the rest of the canal system and which opens to Florida Bay to the
north as previously described, constitutes the specific area,of the proposed
project. This portion of the canal network appears to be 10-15 feet deep.
It. parallels Driftwood Drive, which bisects residentially platted waterfront
lets. On the opposite side of Driftwood Drive; open water is again encountered.
This open water area is part of Florida Bay but was dredged as a borrow pit
fcr D.O.T. bridge approach fill to an unknown depth. Likewise, the major
portion of the tenth addition canal network was apparently excavated to very
deep but unkno4m depths for the purpose of obtaining fill. This fill was used
tc create the elevations presently existing on the subdivision lots.
The natural offshore waters to the north where the canal system presently
opens display a hard bottom supporting turtle grass (Thalassia testudinum)
;patches and scattered corals and sponges. Sediments here are light and of a
:;oft texture. Depths here are shallow, reaching a maximum of three feet (MLW).
An application to further develop the offshore waters to the north of this
subdivision was filed with the state in 1972. This application was ultimately
denied. On June 17, 1980, the consent agreement referred to in part A of this
report was signed, binding the present applicant to undertake restoration as
it is now proposed, in part, by the present application.
KEY HAVEN ASSOCIATED ENTERPRISES, INC.
RESOLUTION NO. 153 -1981
The project can be divided into two separte sites: The site to be
filled and the site to be excavated.
The area to be filled for the proposed causeway is part of the inland
canal network that was never completed. The depth here slopes from outside
grass flats that are exposed at extreme low tides to inside canal depths that
initially drop to approximately 10 feet. The bottom here exhibits turtle
grass and Cuban shoalweed (Halodule wrightii), both of which equally constitute
the primary and dominant benthic vegetation. Green algae (Batophora sp.) was
also scattered here, with most of the growth along the eroded shoreline of
the canal.
Also along the shoreline, red mangroves (Rhizophora mangle) and black
mangroves (Avicennia germinana) were small and scattered. To the north,
on the Floral A enue side, the shoreline was covered with a healthy growth
of black mangroves. Shoreline composition is loose limestone and marl.
The canals here were box cut but have since eroded and now have a narrow
submerged shelf. Thin -shelled oysters (Isognomon sp.) were common alon€ this
shelf. Among the fish observed here were mojarra, needlefish (Stronglura
notata), barracuda (Sphyraena barracuda). anchovies(Anchoa sp.), sheepshead
kilifish (Cyprinodon variegatus), and juvenile fish of an unidentified .species.
The site proposed for the flushing channel excavation is presently old
fill that was placed during dredging operations. There is little vegetation
here, the only significant growth being brazilian pepper (Schinus sp.).
On the inside or canal side, the shoreline composition is similar to the
canal site proposed for filling. Batophora sp., is dominant along the eroded
shelf and continues down along the box cut wall. Cuban shoalweed is also
found in smaller amounts along this shelf. Above this shelf, red and white
mangroves (Laguncularia racemosa) sprouts were observed.
The outside or open water shoreline to be dredged for the flushing channel
also displays a somewhat eroded shoreline but, in addition, it contains numerous
rock boulders, which support a number of sedentary and crevice -dwelling species,
including encrusting sponges, mussels, Xanthid crabs and turban shells. On
the larger rocks, red and brown algaes were attached, the most common of which
were Laurencia sp.and Gracillaria sp.
The eroded limestone shoreline here was approximately 30 feet wide, dropping
sharply to deeper water on the outside, Water quality appeared to be good
at all times.
The potential impacts anticipated from this project will be immediate in
the form of seagrass destruction in the area of the causeway fill site and,
to a lesser degree, some destruction of intertidal and subtidal littoral zone
biota in the dredge site,
While circulation will be slightly reduced in the canal system as a result
of the causeway filling, circulation within the canal as a whole should be
enhanced. Circulation improvement should supplement existing biological
communities and improve water quality.
Most ciritical in water quality improvement for these canals will be
controlling depths after filling is done as additionally specified in tile.
Corps' consent agreement and which is not included in this application.
_ - 2 -
KEY HAVEN ASSOCIATED ENTERPRISES, INC.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the above Biological Assessment has benn read i.rito the record
and duly considered pursuant to Florida Statute 253.124 by thct Board of
County Commissioners of Monroe County, Florida, this T1 & y of
May � 19 81 at a regularly scheduled meeting.
(Seal)
Attest:
erk
BOARD OF COUNTY COMMISSIONERS OF
MONn
FLORIDA
-t -Q ?. -�) -,I
By
Mayor -- ----
- 3 -
BOARD OF COUNTY COI )NERS ---
Wilhelmina Harvey, District 1
Curt Blair, District 2 ;'p, -
Mayor Protem Jerry Hernandez, Jr., District 3W"DI,
MAYOR George E. Dolezal, District 4f
Ken Sorensen, District 5
t
� C-:4!�V
OUNTY o MONROEKEY WEST,FLORIDA 33040 (305) 294 4641
Monroe County Legal Department
Key West, Florida 33040
FICE OF:
Planning & Zoning Dept.
Public Service Center
Key West, Fl 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
2.
Permi t
l/
3.
Application for Permit
4.
Site Plan
5.
Location Map
6.
County Biologist Report
4---
7.
DER Assessment
l/
8.
Resolution
41-11,
BY,
Administrative Secretary
DATE .1�
f
PL1:.:;I\G, i,UILDI`;G & ZONING DEPART:IENT PE ?IIT . -
MONROE .3 rR 1 PEn"!17 FOR EXCAVATION, THE DEPOSIT OF N0:
COUNTY
FILL, OR STRUCTURAL ACTIVITIES IN THE
WATERS OR t•7ETL ANDS OF `fOVROE COUNTY
1) Property ou-nors name & mailin; address 2) Date IFOR DEPARTMENT USE ONLY
Key Haven Associated Enterprises, -Inc_.
317 Whitehead Street 3) Phone number
Key West, F1 33040
294-1002
Resolution No.
Date:
4) Contractor or agent's name, mailing address & phone number
Charley Toppino & Sons, Inc.
,Rockland Key, .Florida 33040 296-5606
5) Legal description of property:
Section 26, 27- Kev Racoon Subdivision
Township 67 Lot Blocl;
Range, 25 Street, road or mile mart-er
West of Kev 11aven 10th & 11th Additions.
Volume of material: dr-2d_e6/escavaced tilled%deposited
9000+ c.y. C.V. 9000+ c.y. c.y.
ware -ward landward waterward landward
of 'f,H.1J. of of M.H.W. of �1.H.iJ.
ZONING : RU-1
PURPOSE: Remove existing bean and place spoil.
:'°Cost of Per -it Estimated cost of Construction
Approved by
Cha i m. an
EO.;RD OF COUNTY CML`1ISSIO.:ERS
_- OF M ;ROE COUNTY, FLORIDA
Biologist Co -Tents - Rostr_ct_ons or Special Conditions if any: -
"Approval"
Conv in File Date
TO BOARD OF COUNTY CO`L`IISSIONERS
FROM H. F. I;einkam, Director
Building, Planning S Zoning
DATE May 18, 1981 --
SUBJECT Key Haven Associated
Enterprises, Inc.
Dredge and Fill Permit
This is an add -on item for
which I request your action.
The subject
application is the result
-)f a Federal Court order. Ile
recommend
approval in order that the
applicant comply with the Court's
order,
This item is an add -on as
a resuLt of a misunderstanding
of the
=
Court's requirements until
after the deadline had passed
for the Agenda.
'Thank you.
COUNTY
I) Property ot:ners nai, _:1r adC!rc
Key Haven Associated Enterpries, Inc•
517'Whitehead Street
Key West, Florida 33040
oll '.:F. �-ND OF `tO:;P.OI: Cu '1TY�.''
I�) Date Pone nu beer
April 24, 1981 I 294-1002
.") Contractor or a;;ent's name, nailing address, phone & certification number.
Charley Toppino & Sons, Inc.
5) Ler,.al description of property: -
Sect ion, }:
•Y-' � -
cy, �- Subdivision,
Township, Lot Block,
Ranr,e, Street, road or mile marker,
(if acreage)
;oninp,( -L West of Key Haven loth & llth Additions.
G) Describe the proposed activity, methods of constrtrtion & amount of material
(in cubic Yards), to l,e excavated or discharr•ed. rescribe purpose & intended
use of project. Remove existing berm lying West of Key Haven loth and llth
Additions (See Exhibit 4) and place spoil on Key Have loth Addition Lots to be
deposited in Key Haven loth Addition Canal system as required by Consent Agree-
ment attached.
• c?re6 eel/excavated
filled/deposited ;,�•
volume of material: 9000+ C. C.
1.Z r��.1 �', - �<< rti" V. 9000± c V. C. V.
o f *I . 1! . f, . o f It 11 ' d;''rL �,,', y. ., iaF4$
7) game, address, & zip code of adjoinin• property owners whose property affronts
eater way. Key Haven Associated Enterprises, Inc.
517 Whitehead Street
Key West, Florida 33040
3 a) List ot'.1er permits issued and/or applied for, include applicant's name, ror
this site
None
b) If application !1as been submitted for this project (or one similar) in the
pa.,t, explain reason for ne•a application .and rive applicant's name if
different from current applicant.
N/A
List all Federal and State agencies that have received applications for this
project.
See Exhibit "B" Attached.
This completed !pplicition form will be accomp;lnied by the following, or it will
NOT Be processed.
a) Two (2) sets of drawings, on 8� x 11 pamper, shoring location, plot plan, top view
and cross section of oronosal, drawn to scale.
b) Application processing fee as follows:
$25.00 for dredge, fill, docks OR any structures affronting natural water bodies.
$10.00 for vertic-^1 seiaalls on m1n=made bodies of water.
$25.00 for any combin-,tion of the above-ctivities Der site.
Application is hereby made for a permit to authorize the activities described herein.
I certify that I am familiar w-'th the information cortained in this application, and
to the best of my kno::ledge & belief such inform.-ition is 4th
olete & accurate.
I further certify Chit I possess the authority to underta000sed .activities.
All provisions of laws and ordinincea governing this typewill be complied with
whether specified herein or not. The grinting of a permit esume to give
authorit to viol.vte or cancel the provisions of an coIderal law
regulating construction or performance of constructip of f acIIItA
;For ')epartnent Vne
Person accenting application
_ rt�
i• ,2 J. receipt
COSL or permit
A1)1)rovcd 11)y ;�-r-rt, Director
.stinate CAsC -ot coll.-4
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V •Owr 3397 �ir.� s • /
DEPARTMENTAL CORRESPONDLa,�;E
DATE May 18"981
SueJECT Key Haven Associated Enterprises Inc, -Removal of spoil (berm) from the Gulf of Mexj
To H. F. Weinkam, Director DEP•T Building* Planning & Zoning
FROM Robert Dennis, Environmental Biologist DEP'T_ Planning & Zoning
LEGAL
TWSP 67S, RGE 25E, SECT 26 and 27,
Berra extends into the Gulf of Mexico in a
Northwesterly direction from Lot 17, Block 1
of loth Addition of the Key Haven subdivision,
INTRODUCTION:
1
This application is to be reviewed by the Monroe County Board of Commissioners
in accordance with Chapter 19-111 (a)(5) and (b)(4),
REASON FOR PROJECT:
To comply with a Court Order to carry out a consent agreement made with the
Army Corps of Engineers.
nTgrTlCCT()M
Applicant is requesting a permit to remove an existing berm comprised of
9000 c.y. of dredge spoil. Removal of the berm is to be done so that the
bottom is the same or approximately the same level as the submerged bottom
adjacent to the berm area. The spoil will be used to raise the bottom of the
existing subdivision canals to a depth of -10ft, MSL,
RECO?DfENDAT I ON :
Approval
NOTES:
Department of Environmental Regulation permit may be required,
! • I l . • 1 . r L. .
r)ISTrU[T r.1AN�
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
SOUTH FLORIDA DISTRICT
. AL1gu:; t 24 , 1979
r1r. Denni s Frick
of f ice of Couns(il
Depart -.merit of the Army
Jacksonville District, Corps of Engineers _
P.O. L'ax -1970
Jacl:SOnville, F1. 32201
r
Itt:: Cas(i Mo. .75-150-CIV-11M aria .
75-635-CIV-S•.r•t
Key haven/Arthur 'Lujan
Dear I•lr. Frick::
Vic. DEparLnent has re vie:cerl the prol)o:,ed Con ent Agrecm^rlt,
dated i.pri l 24, 1979, and concurs with Stipulations 1 and 2
paces 4 and 5. -
It is our un(1erstanding that the opening from the canal
to open :caters in Parcel D will be culverted and a causeway
constructed. It will be nece_:sary for Mr. Lujan to obtain a
permit from this Department for t-lir� canal op(-ning :to the old
vorro:,► pit- area. Based on information and evaluation from our
clrecige an,.? fill in:.,oectOr, tl: District ilanacrer has indlcat.ed
he app!ove thr, Permit, S`ipiilat_icn l., j)g A, i.s
accomplished anal the present openiria is not filled in solidly.
We appreci.-te the el),-ortuni:y to review this project and would
li kc: tc revie,•-i anI , further information which may become avail-
able regarding the resolution of this, problem.
Sincerely yours,
Laglrr;� i�uair n
Enforcement Officer
LF./hi
cc: Hich,zrci !:organ
Lou 'r end t
Glen Doe
EXHIBIT "B"
- 4 -
III. PAI;C`:'
As -o he c :ist_ins; high and dry land in Parcel D, the
United States !,crc"-:V all claims that. Key haven, Lujan or
their predecessors in title violated 510 or 5404 and agrees that
it shall not seek restoration or any or -her criminal or civil
remedies for alleged violations of 510 or §404 relating to the
existing high and dry land in said Parcel. Lujan and trey haven
agree to do the following:
1. Remove the fill berm (See. Exhibit "4") located
adjacent to Ivey haven Eleventh Addition and haul said fill to the
innermost approximate 25-50'/ of the two canal system$ located on
Parcel D and commence casting of such removed fill into the aL•ove
described canal areas to the extent of the availability of the
fill removed from said berm, bringing, the elevz Lion in the
innermost section of the two canal systems locz.ted in Area D tip
to a level of 10 feet in depth with a natural-.1ope.of the fill
extending oil a natural grading. While it is not conCcmplat_ed by
the parties herein that_ there will be sufficient fill from the
berm removal to fill oil a graded level the innermost 25-50;; of
the two existing canal systems its Parcel D, should there be such
additional fill available, i.t will be utilized to bring deep
pocket elevations up to a depth of 10 feet plus or minus 1 foot,
and t;iereaftcr, to be placed in the remaining, portions of the two
canal systems in Area D to the extent that the average elevation
of the two canal systems in Parcel D would average out to an
elevation of 11 feet in depth. Removal of the berm area adjacent
to .the Key 11a,:en Eleventh addition would be at or approximar.ely
to the level of the natural submerged bottom adjacent to the berm
area. Prior to commencement of refilling operations in canals of
Area D, a turbidity screen will be installed and mair:ained across
the mouth of the northern access channel. A plug will be installed
at the mouth of this channel and excavation of the southeast_
w
- 5 -
access, channel
,i.1 i
t)c c0,j,!j_1c, ecj
si .,irltnr.cously
as
refilling
operations are
cone?
::?,�d. (;P::n
cv1110ction
of the
Southeast acce^s
channel, a turbidity s�:
een ;,i 11
�1so be
re(luired.
Lujan w i 1
_te
IL-Lached restoration
order attached ticrcto as
F, xhibit
"5",
3. It is clearly understood that the obligation of Key
Haven and Lujan as set forth in Item 1 and 2 above, is conditioned
Upon (a) rLu jan and Key Havers riot having to pay Lhe State of
Florida or all one claiming tf�rough the State of Florida for the
fill actually removedt'from the berm adjacent to Key Haven Eleventh
Addition oe for the fill actually removed pursuant to Exhibit
"5". and (b) further curiulatively conditioned upon Frey haven and
Lujan actually obtaining appropriate local or state authorizatic,n,
if any, relating to road access aspects of Exhibit "5" activities..
Attached as Exhibit "6" is a permit application �.hich applicant
intends to file with the State of Florida, Department of
Environnental Rer,ulation upon execution of the Cc•nsent•r►greerrreni
herein. The Corp:, of Engineers •:/ill attempt to coordinate and
facilitate the pro,,nt exDeditious processing of the preconditions
described in (a) and (b) above.
4. In the event the conditions precedent as set forth
in subparagraph 3 (a) and (b) above do riot occur, then Key Haven
and Lu j ate will have no responsibility whatsoever to `take the
actions set forth and described in subparagraphs 1 and 2.
Moreover, ill such event, tt;� United States does not waive any
claims that Key r:av-2n, Lujan or their predecessors in title
violated 510 or 5",o4 in excavating the existing canals on
Parcel D.
Additionally, the parties
agree that
should the terms and
provisions
of subparagraph (1) and (2)
relating
_o Parcel D not occur as a result
of the inability to obtain
and secure
the preconditions described in
subparagraph 3 (-0 and (b)
third parties not plirties
above (the parties :ecognizin;
to the Consent Agreement may be
that
able
I:I:SOLUTION NO. -1981
WHEREAS, the B0ARD OF COUNTY CO'DIISSIONERS OF MONROE COUNTY, FLORIDA,
has received an application from KEY HAVEN ASSOCIATED ENTERPRISES, INC.
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 to remove the fill berm located adjacent to
Key Haven Eleventh Additio_p and haul said fill to the innermost approximate
25-50% of the two canal systems located on Parcel D and commence casting of
such removed fill into the above -described canal areas to the extent of the
availabilitS, of the fill removed'from said berm, bringing the elevation in
the innermost section of the two canal systems located in Area D up to a
level of 10 feet in depth with a natural slope of the fill extending on a
natural grading.
While it is not contemplated by the parties herein that there will be
sufficient fill from the berm removal to fill on a graded level the innermost
25-50% of the two existing canal systems in Parcel D, should there be such
additional fill available, it will be utilized to bring deep pocket elevations
up to a depth of 10 feet plus or minus 1 foot, and thereafter, to be placed in
the remaining portions of the two canal systems in Area D to the extent that
the average elevation of the two canal systems in Parcel D would average out
to an elevation of 11 feet in depth.
Removal of the berm area adjacent to the Key Haven Eleventh Addition
would be at or approximately to the level of the natural submerged bottom
adjacent to the berm area. Prior to commencement of refilling operations in
canals of Area D, a turbidity screen will be installed and maintained across
the mouth of the northern access channel, A plug will be installed at the
mouth of this channel and excavation of the southeast access channel will be
conducted simultaneously as refilling operations are concluded. Upon connection
of the southeast access channel, a turbidity screen will also be required.
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 day of
(Seal)
Attest:
Clerk
, 19 at a regularly scheduled meeting.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By
Mayor
°,EmORAND1JM
G
TO BOARD OF COUNTY CO`DIISSIONERS DATE May 18, 1981
�1LC.t SUBJECT Key Haven Associated
FROM H. F. Weinkam, Director Enterprises, Inc.
Building, Planning & Zoning Dredge and Fill Permit
This is an add -on item for which I request your action. The subject
application is the result of a Federal Court order. We recommend
approval in order that the applicant comply with the Court's order.
.. .
This item is an add -oil as a result of a misunderstanding of the
Court's requirements until after the deadline had passed for the Agenda.
Thank you. `,
BOARD OF COUNTY C(`�— )IONERS—�,---
Wi►he►mina Harvey, Dist,... —-
Curt Blair, District 2
Mayor Protem Jerry Hernandez, Jr., District 3
MAYOR George E. Dolezal, District 4
Ken Sorensen, District 5
ry OUNTY o MONROE
�t KEY WEST, FLORIDA 33040
."96-1 (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
2.
Permit
y
3.
Application for Permit
4.
Site Plan
5.
Location Map
—�
6.
County Biologist Report
7.
DER Assessment
y
8.
Resolution
BY
Administrative Secretary
DATE
nUiLDI`:G & ZCNING DE•P1RT'IENT PE:L21IIT
MONROE ' ��'-J r r r...: �� �TIO::, THr DEPOSIT OF NO.
P�: .I FOR C.t..
COUNTY 1��;; / FILL, OR ST::L'CIIURAL ACTIVITIES IN THE
'�� % VATERS OR ?-!ETL\NDS OF NONROE COUNTY
1) Property owners name & mailing address 2) Date FOR DE•PARTNIENT USE ONLY
Key Haven Associated Enterprises, Inc. Resolution No.
517 Whitehead Street 3) Phone number
ey West, F1 11040 Date:
296-5052
4) Contractor or agent's name, mailing address & phone number
Charley Toppino & Sons, Inc.
Rockland Key, Florida 33040 296-5606
i
5) Legal description of property:
Section 23 & 26 Ke:LHaven loth Addition Subdivision
Township 67S Lot�7 Block 6
Range 25E Street, road or mile marker
I
Volume of material: d r2d^ec/e_•:cava::ed filled deposited
i
s(.nn c'y• L0Q_c.y. c.y.
water.:ard landward waterward landward
` of '1. ?.Iti. of 'I.H.?:. of N.H.14. of S.H.W.
ZONING: RU-1
PURPOSE: Provide flushing for exisiting canal system
Cest of Permit Estimated cost of Construction
Approved by
Chairman
BO.=.;D OF COLNT'i CC:L`!ISSIO:'ERS
OF :-10: OE COC.-T'i , FLORIDA
Biologist Co^Tents - Restrictions or Special Concitions if any:
"Approval with the following provisions:
1. Turbidity screens be used at all times, and
2. Depth of flushing canal be determined by the Army Corps."
Conv in File Date
uuilrlir.; uii icial
i. `... V�,, �. .. �.... ......... __
lone numbe
1) property owner me b nailing address Dat.
Ke Haven Ass^ fated r'•-t-erorices Inc
517 Whitehead Street April 21, 1981 I296-5052
Key West, Florida 33040
4) Contractor or a,ent's name, nailing address, phone & certification number.
Charley Toppino & Sons, Inc.
5) Legal description of property:
Section ''
Township,
Range,
(if acreage)
Key Haven loth Addition
Key, Subdivision,
27 6
Lot, 20 Block, 3
Street, road or mile marker,
"oning, t r
6) Describe the Proposed activity, methods of constru:rion & amount of material
(in cubic yards), to be excavated or discharged. Describe purpose & intende
use of project.
Prepared flushing and access channel to provide flushing fe
existing canal system being4modified persuant to settlement and restoration cc
-sent agreement and request by Corps. of Engineers to improve upland canal dept
Spoil to be utlitized for placing of culvert & causeway const uctiou related
grading as reflected indredred/excavated pages 1 thru 4 of Exhibit A ,
f illed/deposited•"
volume of material: C. V. 5¢00 C. Y. �cec y, c.�
t-a te d' - ni rd
of 11.11. of 't.il.['. �P �'!. ;A51 6i
7) :Dame, address & zip code of adjoining property owners whose property nffror
water way. Key Haven Associated Enterprises, Inc.
517 Whitehead Street
Key West, Florida 33040
3 a) List other permits issued and/or applied for, include applicant's name,
this site
See attached Court Order.
b) If application has been submitted for this project (or one similar) in t
past, explain reason for new application and Rive applicant's name if
different from current applicant.
N/A
List all Federal and State agencies that have received applications for tl
project. See attached Court Order.
This completed application form will be accompanied by the following, or it will I
NOT Be processed.
a) Two (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::
$25.00 for dredge, fill, docks OR any structures affronting natural water bodies.
$10.00 for verticil 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.
441 provisions of laws and ordinances governing thi4�eies
ork will be complied with
whether specified herein or not. The granting of a not presume to give
authority to violate or cancel the provisions of anta o federal law
regulating construction or performance of construe ,a of facilit•:/A 4/ 21T
o ,kart L a R n L at
'For Pepartncnt Ilse Only/ .S •G p 1,J
Fee 1~ receipt it Approed by t. Directc
Person accepting application 'YJ
Y `
Vtil <.,' Cost of permit 1. tinate d cost 0 1 cons
7
M .
UNITED STATES OF ki- RICA,
Plaintiff,
vs . -
;:E1 HAVEN ASSOCIATED
ENTERPRISES, INC. ,
ARTHUR B . LUJAN , KEY
HAVEN UTILITY CORPORATION,
Defendants.
L11'17ED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 80-2161-Civ-CA
JUDGIEITT AND ORDER
FI LED
S E P 2 �j i:,50
,,_AT
C:EU, U. S. DiST, C.T.
/ S'�UTli=r,;i DIST. CF F!,L
FUL -
THIS ACTION dame before the Court upon the plaintiff's
filing of a complaint on August 7, 1980.
It now being apparent that the parties are desirous of
settling this action without adjudication of any issue of fact
or law raised in plaintiff's complaint, and in consideration
of the Consent Agreement entered into by the parties, the Court
hereby
ORDERS AND ADJUDGES:
1, That this Court has jurisdiction of the subject mat-
ter and of the parties to this civil action.
2. That the Consent Agreement entered into by the par-
ties and filed with this Court is hereby accepted and incorpor-
ated 'in this Judgment•'•and Order.
3. That, for the purpose of enforcing the terms and
the Consent Agreement, jurisdiction shall be retained over
this action until such time as the parties notify the Court
that the Consent Agreement -has been fully complied with; pro-
vided, however, that the parties shall, in the interim, file
progress reports every 60 days.
DONE AND ORDERED at Miami, Florida, this day of.
September, 1980.
COPIES FU.I7ISHED:
EAUSA Antle
Robert Paterno
Mark Sussman
_Steve Calveres e
UNITEIPS ATES STRICT JUDGE
-rtifled to be a true and
c : rrect copy of t2:e or igiil3l.
U. S. District Court
,oseoh T.P. EcEart, Clerk _
SsL'.hErn Dist. of T'la.
! 9 %�+/ Ali ClWi:
rSTOR.ATION DIRECTIVE TO
Y-FY riAVEN ASSOCIATED E11TERPRISES, INC.
ORDER A: To construct from existing uplands access and flushing
channel to be located thru Lot 20, Block 3 KEY HAVEN
loth ADDITI0N recorded in Plat Book 5 at Page 114 of the
1,
Public Records of Monroe County, Florida.
ORDE7? B: To provide road extension of Floral Avenue Northeasterly
to Driftwood Drive with full flushing culverts.
EXHIBIT "A"
• PAGE I
u� r
(v O
o
Cl) �)
r�
z
N r;nnn tJ 400 45� E - 50.74'
`J 3r �
J
I30 r �ZZ. 3G 6U.U9 �) !�� l�l SQo
60' �.� 11� 12 p 35
��
2 4 r. 23 c .. r.. tic CD
-
m
GO
- ot?
a•
t 9 o fl' O G t cl tv
0 2 O
09 t 05- I O� 0'�
. 1.
06
ry
o cD
C I Er)
120' tie 63'
ry
7I r _ itJ
i - n �+9 C7
LO
6 <1 ' j N
ry
rl. q r) 0)
Ln
9 67 IU
9 O - '�, c, ry :
4' •� r
• i s Co 1 Ccu — C
t 4 � O - ' m
o � ) l 120
O' •7 r` -
_ 110
' ` t lo. 1 12 0 5 ii I
ca
CV cr)
Lo
STREET D A.T A
t — rt 1
L= 67.64
r lO N O 1
co 2 I
Z C)
20 - O `D
19 p
Lr)
Ft 0
e 2 9. ` V�
�r.3 do
C O S S 3 C-C T/O A.1 C- �C
60' Exi3tin9 canal
Fir>,sh 9.adc /o me�ch
Cx.st,n9 Dodd 9.adc /
Conc. heedwa//
o.oc
AI. Al. J
Erisfin� �rvde (2) 3G-
Conc. culverts to d/low {/Vshif7_9
c.e o s s sic r-io.v •e - .�
ExiS��n� �r-ade
CAE' OSS 3EC7-/OA1E-
ro 5 o ro
Scale in f"ccf
EXHIBIT "A"
PAGE 3
0 oc
A/. H.
20c � F.coi>o �. Fi7 �: ccesS € Fc uSN�nr(j CNL.v.vFL
'r/R O(1C.V COT
L'O
Erik
DEPTH TO BE CONTROLLING DEPTH AFTER FILL IS PLACED IN CANAL
fines
CerAj AS RESULT OF STIPULATIONS BE7)4EEN APPLICKUTS AND CORPS., AS
/ SET FORTH AT PAGE 4 PAR. I OF CONSENT AGREEY.ENT AS EXHIBIT 'C'.
f"xis�in9
C�sdc
• f� orr1ow
�iit
i
Gra de
C*-e(D J SECT1(0
•40 /O O
I '
HHH
Nose/2ON7�4f- /v FEET YF.eT/C-4C SCALE /.v F'6ET
Go' WioE P,c+oPoseD �4cccss f
Fcvav/.vG CNiINNE� TA,,,O"0.ov for?o
30' J O'
ell
0.00 M N.W.
of
�ScC de,o�h Comm
in cr o sS s`ec�:or/ V- G a6ovc
'N 0 o✓,r ; 0. out
j ro.o Prmf. S
S'ConC. S,dc..,a/.E-- LO, � so
� I � Conc, hcadwai/
t 2' C'onc. 9u
�'— (Z) 34' Cbse. C,/.Cc,IS
CLOO Alla,lY.
. �rd OTC
c,e CD SEC - -/o.y '- .
o, o0
�Sc .•� � E /i.. FE-C T
EXfIIBIT
F' A E r!�
Key Haven AssociaLeci �:nt�t pris 5, I►i.
:=44-36683-5E
Monroe -County - Key ?Jest
Page Five
E. Under the provisions of Chapters 253 and 403-of tira Florida
Statutes, I recom-:iend approval of this annlication as it is
proposed.
7,iC Dece her 30 , 1930
� `L! NE
JA_M/dvo
haven Assoc'at-d,
.t44-36653-57
.,onrce County
rage Four
Itcr:)riscs
M,St
sheepshead kilif4.sh (C;:nrinn,ion va riey',:itlls) , and juvenile fig'.?
=
of an uni%ienr� : _L,• _ec' spec: ics .
The sire rnrouns:'ci , fo`he i 1::.,'hir.�; ch ,.nne1 e� ty
:cavaticn is res-
i ntly old i ill tll:tt 'las ?)1<iCt':1 d::rta'.:; d1vc(I:'_ _ng operations.
There is little veQei.:w:ion hc1e, tL1C UI-.1v S i,r.ificant growth
h,:ink braziliail pepper (Sch;.nus sty. )
On the inside or canal side, the sh,)r,: I::Tic' cormosition is
si^lilar to the c:�-�al site t -oposed for f: iins;. Iiatonhora sp.
is .ioMinant <alun:; the 1 rod...'. steel r :In(l c "t i.nues down rslon ; ' .)v
,ox gut -.gall. C.1:)ail
along this she1=. AL)o-:(, Li --is shell, red ar.j wtlite mint;roves
(1 ,1.:anculzria r..-ice" sa) sl)r:)uts ���r(: obscrvod.
Fhe out�iL'e or opLLn ::.:Iter s,ioreli.no :L dredged `ur Che
flu:;hinp channel also disp)_rl•:s a somewhat eroded shoreline b.lt, ).
in addition, it contains niu?ierous rocl: boulders, which sllppor':
a number of souentary and crevice -dwelling; species, including
onc:-usting sponges, mussels, Xanthid crabs, and turban shells.
On the lare,er rocks, rod and brow-n algaes were attached, the
most co=:ion of :,hi ci, ,;ere :.aurencia sp. and Gracillaria sp.
The erode: limestone shoreline here was approximately 30 feet
wide, dre- pin,; sharply to deeper water on the outside.
?later quality a-inpe:ired to he 'good at all sites.
J. the autenti it i.::�.lcts 3�ti� i;)ate;i from this project will be
.:Mme�iate in the form :)f st•3 -ass destruction in th,: area o` the
causcwav fill site ild, �n a lesser cie ree, some destruction of
_ntertidal rind suhtic1al li-taral ccne biota in the dreds�,e site.
v::hile circul,iti.on .. iil be ii`,htly reduced in the canal systz-1.1
;is a rest:? '-ll i n�' , CirculaC_ :a within thy:
can:11. tis :1�+::'�)1(' sh.)u 1 be un'-:ince�l. Circulation iT1T)rUVI?: en''
Sr!�llld sl: "�i '[:)ent [':•'ti`_ in`' ca1 cities and 1mproVt_
:atcr qual4-L:.
:a'; im rovvmf'nt:: for these canals :ill
?C (:Untr:�l' ir. ;' (lE'D;`. , " llini; is don
C' LDS n 1lltlOn lli�r
Sl:f'a 2 L iC d -n ChC COr') I s co?lsent ap-reement 1tlIC! t•:111C h 1S nU?:
inclu6ed In ".:his ap,)licatior.
i
e Haven .tssij, a L 2il
424-36633-5r
".onroe County
°a e Three
Inc.
an unkno:�:i d,.nzh. I_il:c�t:i.sc, the major n(irtion of the tenth
addition canal network t:<rs :•nparentl'; e>;'avatcld to very deer
best unknc'.�n depths for the ;))irl)ose oc r)i)t:-Ii :4n4, fil:. y
fill teas used to create the elevations nr.esc rit"ly existing on
the subdiN•ision lots.
The natural of fsh")re waters to the north where the canal
syscem presently d,,)ens display a hard bottom supporting;
turtle grass (Thaiassia te,studinum) patches and scattered
corals and sponges. Sediim(-Ijts Cre are light and of a soft
texture. Denths here are shallow, reaching; a maximum of
three feet (f•'.U.0.
An anpllcat�on td) ;,urther de e.Lol. ,i Lshorc waters to t� �_'
north of this SU'DJlvitiLon w.is itl`d] t�iiil t:.i? St�lte in 1972
This 1pnlicaLio:l denied.;.
on June 17, 130, '.ho ai;ree,l1—:_ r(?rerred to to nart
ti Of �hiS rez),.)rt :�uS Slf,il('k! , .)inCjl.n tl`c' Pr C:�eri� a�nll�anC
': l undertaiCj L t'S�,'_ i 1C)n 3:' ' t is no)W .
in Hart, by
the Present application.
C. T`:e ^roject Car:.CC sues. The site
to be fillej :�l:d `ilc' site t.,) :Je cxc:l',";i�d•
The area to ')e ti11e,' Eor t he Pronose.i c:iu ewav is part: of the
inland canal netWorl: that t.,as iiever compleced. The death here
slo;)es fr.) rlLtsi'e ;;rags s-1.-Its that re exposed at extreme lo'.
tides to insicle canal IeT)tt:s that initially drop to apprcxir:;,�tel•i
Jr) t eet. T11c otto;a here �'_thib1ts turtle rrI-iss and Cub in
shoal:.eed (1lsio.""l t^ ;: ht ;) , ,,otll which equally cotzstitute
the primary and dc;,inant berlthic Jes;et.ztion. Green algae
(Batonhora so.) t.:as al:;n scat -eyed 1".rre, With :r.ost of the ;rot•Jth
a To n
q the eroded shorelire or z:hc canal.
Also alon; the Shoreline, J'd'j 71anproves (:hizonhora ma -.-,,le) ana
black, man, -roves (nEor:111n; na)
To the north, .)n the I ioral ..verlt:e SiJa, the shoreline was
covered with a health,, n.1•owth Of 'DIOCiC I•I:_'nt;roves.
Shoreline compd)Si--ic)n is l.00st, lime:-, ;O ,-: and: rlarl The canals
here were box:I,:e ero('.cd all.: hC?:J h:ive aI111rOtl
su')„ler^eCl steel.`.. l;ir.-she 1 i.�•.I OVs' er:. (1S �c •:Urinn sn.)
cn_-Ion-alon;;
A; ong the Fish u*),�er'�.'(,Ci+�tl'C).^.,'ll".1
sn. ; .
},:even roc ,lt i r,t orni-i�.
16683
..cnYne
Two
•� •,nl icanr
c il:,nl:el -o an lr-o c rni.n� ti
4,Y) C_' )l .nCe_1
_OnsLrucOTI 11S('WRV.
n Sett1CM, nnt -iT'(i rnyt:.� ar i
:)" the Curl's c r :n _no s .
Still i-1a r.tai1, r.^ icccss t,)
Drive.
Inc.
�. ,�r t'.•t� fiii : Yt)::l ca;"tich
r, _a.n.11 for -`e
:'h is, pur, -ian t
COn5(1;""r_•(' :f. nt ilnd ,:,ril
? . i:; t�-1r. ,.�; It t_i:is t•:orl•: will
illl:a^.� �.cl• '_ ...,t •r.l, �.•:hile
_.14�101 t l':C"�11 i 1'.ti (�� DrL�t�::�Od
'.
.he nronOsed causc'��ay :Jill involve the plLicement of u:'D
cubic yards waLert:•.-ird of Miii•: Iced 49.3D cuhi. yards landward
or above '•IizW . Final s;rade gill he (! l evat ed from -1. 3 MSI.
(--2verar,e) to +4. U ''1S1.. Sa �,.1 will. connect. Floral
:�I1!le Wlrll Dr4it.J()'U-d Drive. �ht? prcipcsed causa^,-ay W111
hive two 36" concroi_e cult':-'r:.i L:o a 1C):•7 titer Liushin.,;. A
_11 �`(� �� ,Sr-Uc-t ti ar(� lncl th(:S�
or,crete hea6wai i i _
:he e\:Stin, �; calial to UE •23 1S .1Di(COS1.MlaZ:eIY 6 LCt?t
••Jidc. The wi(1th o:: the c.lu::( iJay will be �6 ieet, 2D Ecet
W wlliell will be t)�vt>d. � }',utter and si<;hw-ilk ,gill Le
constructed on eit':er sidC or the pavcir.ellL.
r
i'he proposed i :sili -- cn jllne i will connect an existlil
Canal W-�.'l OucS-;-Ie�'.:aters, '�'lich were -dredged p1"eviou,l}' .Is
a Dorr'-'.J
Ke-i Haven Subdivision and 1'_J sscl LatC'C: canal network was
created score Lime .a ;0 be - t' ;Late UCL-:�i• tiny, requirement.3
'he LC' i it LhlS S•.l iViSiOT1 cont: ins a deep canal
:let�•ror':to CULSid.= waters but, du^
'0 t_:�)n 11)1' r lS able. T 1e tent'
-Iddi: ion C:,'1:11 t'.C'.:')ri: inc l':•-. s L W 0 ...:1 j 017 canal branches, t lE
SOL`t:':C1"1-170SC )nt' c:'. tdi11L!: �,t')1C5 ;T:lil�'r COrlb-ill!(_' `arar.C't1C'fi
h.'s� brancr.c:s
C ::nC'CL LO�;'1n ^ _' _ li)Il (�: r1 i' (:1??iil }'.:it i!'at'S _O Lhe Sh--11i.'�I.7
()Pen W*1 0r_ OL _ :i ?V. �:UI:Il'_Ci ill,, caC_!1 47h1C�'
t 1, ti ^d . :vil is;1 Ope'ls t0 !'
1
,��i,1s r e f Est : c:1-a ` t_t1::
v :'.��scri}.ca c:-.I:st;:ute., the
i �1r�:1 n` i',C '�l".1 )O: t i� I)L(�� C, �rlll ; l)ur L: on of t'-,,
S�tC IiC:
Cana. nt'r:JorK 10-15 1Ce-L t 1)^.la1lC'l.`i
i;t-Lr-twoo'd C1I'.. t'Il LCi -1 resl. cl"t ia- U11L �i..i �:,.^_ti'L"-
ow: lots.
0n tht-- o'?nos. :tt 5..1( :)f Dr 1. �WC1O(I ::1- i.vt': u .t'I' !:'3tt'L' •,mot-'(
,ncount',2rcd cli: ipc,n Wa;.i,r area 1. i mFloridart UL Bay b,.1':
was dredgod as a l)orrow ni t for D.O. T. i)ri.(1n,e approach fill to
P ..':I: i%PP L C A_.'i0 PPPA 15..:,
33-5:.
Colitty :1onrc)t.
Date. 1'-1:;-i')
�.c�licant
?Ian ;: e•;
-�;.;oci.itecl �nt�r•�rities,
Inc.
,.::iress.•
51.7 ! hitehead
_ eet, 1,'ey I:est, Plorida
33040
'•: ;eat (if
aoplicabl`)
-- ..4 11 i-,)s
`_
Trice
St., � in`; � I:�c .
Address:
1204 Simonton
tre- et ,
Ke_ y
'hest ,
"I erida 3301)
Location of oroject: Sect ions; i Township ('iS
Section(s) T,.)wnship
, e"erence: Kev "a%,cn Subdivi.siun
:rater Body: Florida ,a
Ater Classificat_-on o` Area:
Aqua-_c Preserve:
C_;.._tanding . lorida Waters: ----
On s to inspection by : .Jahn A. I ,ler
Range
Range
II. ;d_ -Lccnt TIT
i--e o=
I nsnectic,,.
- - -33
^-;,-;nn1 ncolication. Yes",
tic
".e•:_sed
-application:
Yes `:oA Date:
Date of 2nd Insp.
Bio-ocical an:? Water Qual itv Assessment
:_,escrip:icn of proposed project and construction tec..niques.
f.,uantify area of project which extends into eaters of the state
(including the su=erged lands of those waters and the transi-
tional zone of the s-_, merged land) as defined in Section 17-4.02
and Sccticn 17-:.28, Florida A-::ainistrative Code.
BioDhysic31 features -jeneral area. include co,-m,,ents concernin(-.
extent of development o: adjoining L rcperties as well as re?eva^
historical facts al.=-_ the ar!,3.
". pioohysical feat 1rE�� a spec:: is project sire and sroil site i-
ap-l_cacle. Incl._ _d(-:nti_.ca`_ion G?_ bot_:)m t,meS an,! 3n1
relevan-:i historica_ facts a!D,., It th.= _rec: therojez:_.
G_ rr) Jct •;l?.;ourccs a::! 'ria`_•- f
,Ual-ty. Addro_ss lcno-torm _mt)act -.s as li'medl n~e
`or all aspects of `h,-�
... Suggestions, '.here app_cprla._i', rod..-_,:u_lons ti:at ma:i reC:'1
^ or minimze thr.? :)cL.'_ntial 1:%i.�:tct o`_
,10►s .�Owu 3397 iw u s
t ARTMENTAL CORRESPONDL...,.E '
«:; MWEEMENEWMEMEW
SUBJECT Key Haven Associated Enterprises, Inc. -Canal excavation and placement of spoil in exist:
canal:
To H. F. Weinkam; nirector DEP.T Building, Planning & Zoning
FROM Robert Dennis, Environmental Biologist DEP'T Planning & Zoning
LEGAL
T6JSP 67S, RGE 25E, SECT 26, Key Havai loth Addition
Block 6, Lot 27 and Block 3, Lot 20
INTRODUCTION:
This application is to be reviewed by the Monroe County Board of Commissioners
in accordance with Chapter 19-111 (a)(5) and (b)(4).
REASON FOR PROJECT:
To comply with a Court Order to carry out a consent agreement made with the
Army Corps of Engineers. It is the intent of the consent agreement to provide better
flushing of water in the existing canals.
nTcrirccTnv-
The applicant is applying for an after -the -fact permit to construct an access
and flushing canal (202 ft. long x 60 ft. wide) of unknown depth and to construct
a culvated roadway. The canal will connect the Gulf of Mexico with an exisiting
canal lying parallel to Driftwood Drive. The culvated roadway (hereafter referred
to as the causeway) will connect Floral Avenue and Driftwood Drive. Both. the
placement of fill for the causeway and most of the canal excavation had been completed
at the time the work was stopped by the County.
Approximately 5400 c.y. of material will be excavated from the flushing canal,
420 c.y. of which has already been used to construct the causeway. The remaining
4980 c.y. will be used in the existing canals to raise their dpeths to -loft. MSL.
All work completed so far appears to be in compliance with the consent agree-
ment. The attached Department of Environmental Regulation report describes the
project in considerable detail and so will not be discussed here,
RECO�tENDATION :
Approval with the following provisions:
1. Turbidity screens be used at all times, and
2. Depth of flushing canal be determined by the Army Corps of Engineers,
o it Crr;Ili, red ly
ling existing canal system
stem n te acvtty is expected t eo-mpletird Comnlet ion u/in 60 d. there- Exh, C - Page 4 Para
12. Is any Pori he activity for which authorizatlo•r is sought new eomplete7`' '
) No DU
If answer is "Yes.' give reasons in the remarks section. Month and y!ar 11e activity was completed_
Indicate the existing work on the drawings. --�-
13, List all approvals or certifications required by other Federal interstate, state or local agencies for any structures, con•
strueiton, discharges, deposits or other activities described in this app!ication, includin
velopmeni of Regional impact. g whether the protect is a De•
Issuing Agency Type of Approval Identification No. Date of Application Date of Approval
Not Applicable — See Exhibits A, B b C attached.
ty. has any agency denied approval for the activity described herein or for any activity directly rela:ed to the activity de-
scribed herein?
Yes ( ) No U (If "Yes" explain in remarks)
•••'••• MA 13cc rr„iructron pamphlet Ior additional information required for certain activities)
Flushing access channel Ito provide flushing for existing canal system being
modified persuant to settlement and restoration request by Corps of Engineers
to improve upland canal depths. (See attached exhibits). The access channel
improves circulation in existing canals.
I16• Application is hereby made for a permit or permits to authorize the activities described herein. I agree to provide any
additional information/data that may be necessary tQ provide rersonable assurance or evidence to show that the pro•
posed project will comply .with the applicable St t"e Water Oualiry Standards or other environmental p►otrerton stan•
dards both durir,4 construction and after the pr ct is completed. I also agree to
provide site for
inspectors from the environmental protection a nue for the purpose of malting prelims eanYra analyses oy to the f the tsite and
monitoring permitted v�orks, if permit is granfe certify th 1�1 am familiar with the information contained in this
application, and that to the best of m k d
ther certify!ha I Y and b ie such information is true• complete, and accurate. I fur -
possess the autho o.v ice the o osed activities.
KEY HAVEN 1SS0C1� / INC.
10 28 80
la ,
v. TP Date
By: Arthur B. Pre !dent
18 U.S.C, Section 1001 provides that: Whoever, in any manne within the jurisdiction of any department or agency of
the Uni;ed State; knowingly and willfully falsifies, conceals or covers up by any tack, scheme, or device a material
fact er makes a71y false, fictitious or fraudulent statements or repr!;cntat, ions or makes or uses any false writing or
dneuntent knelring same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than
S 10.000 or imprisoned not more than five years, or both.
IThe application must b: signed by the person who desires to undertake the proposed activity. however, the atrulica•
Lion may ;.re signed by a duly authorized agent if accompanied by a M-4-ment by that person designat:ng the agent
and agreeing to furnish upon request, supplemental information in support of the application.
FEE: Attach Checks/Money Orders on front
Payable to Deparimt.nt of Envi.onmenial'Regulation
S700 Standard form projects
S20 Short forms and Chapter 403 pro;eets only
JOINT APPLICATION
DEPARTMENT OF THE AIiNI FLORIDA DEPAR Fh1ENT OF ENVIRONMENTAL REGULATION
FOR
ACTIVITIES IN WATERS OF THE STATE OF FLORIDA
Refer to Instruction Pamphlet for explanation of numbered items and attachments required.
1. Application number (To be assigned)
2. Date
3. For official use only
28 10 80
Day Mo. Yr.
4. Name, address and zip code of applicant
KEY. HAVEN ASSOCIATED ENTERPRISES, INC.
517 Whitehead Street
Key West, Florida 33040
377-6700 Contact counsel for applicant, Robert J. Pate
Telephone Number (305)
at this number
5. Name, address, zip code and title of applicant"s authorized agent for permit application coordination
PHILLIPS 6 TRICE SURVEYING, INC. TAYLOR, BRION, BUKER 6 GREENE
Robert J. Paterno, Esquire
1204 Simonton Street Attorney for Applicant
Key West, Florida 33040 1451 Brickell Avenue
Miami, Florida 33131
Telephone Number. (305) 294-4747 (305) 377-6700
6. Describe the proposed activity, its purpose and int-nded use. including a description of the type of structures, if eny,
to be erected on fills. or pipe or float -supported platforms. and the type. composition 3r.d quantity of materials to be
discharged or dumped and means of conveyance.
Prepared flushing and access channel to provide flushing for existing
canal system being modified persuant to settlement and restoration con-
sent agreement and request by Corps. of Engineers to improve upland canal
depths. (See exhibit C attached). Spoil to be utilized for placing of
culvert 6 causeway construction 6 related grading as reflected in pages
1 thru 4 of Exh- ADred9ed/Excavated Filled!Depoaited
Volume of Material: CY SLf1C1 CY CY CY
Watrr and or L.andv.:rd of Waterward of Land.vard of
O.N.W. or r.t.H.W. O.H.W. or M.H.W. O.N.W. or M.H.W. O.H.71. or M.H.W. l
7. Proposed use See exhibits B 6 C Attached t
Private I ) Public I ] Comr-nercial I ) Other " (Explain in remarks)
8. Name and address including zip code of zdjoinin9 property own-ri whose propery afro adjoins the waterway.
None
I
9.. Location where proposed activity exists or will occur I
Street address
Longitude Latitude (11 known) I
Sec. 7'A Twp. 67 South age, 25 East
Florida Monroe Key West
_
Statr Count' In Cary or Town Ntar City or Town
10. Name of waterway at location of the activity
Aw of F1 r,r; .tom _ ___�
FRO