Resolution 219-1981PESOLUTION NO. 219 -1981
WHERFAS, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, has received an application from W. Ted & Marilyn Ernst/ Jr.
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:
This project involves riprap bulkheading of a residential lot and
backfilling with 250 cubic yards of fill, 200 of which will be
waterward of 111HW and 50 which will be landward of MHW. Additionally,
a four by four foot dock with a four by four foot terminal tee will
be constructed out from the riprap line to provide private boat
mooring.
A total of 1-6 feet of riprap bulkhead (eight foot width) will be
placed approximately eight feet from the offshore dredge area drop-
off. The width of the total area filled ranges from 23 feet on the
east end to 30 feet on the west end. Riprap and backfill will be
araded even with the top of the present lot grade.
This particular area was artificially created from submerged bay
botton before permitting requirements. The area is residentially
developed with inland canals and lakes.
Immediately offshore and contained within Boca Chica Channel is a
large submergent borrow pit, formerly worked by D.O.T., but now in --
active. The shoreline of the 8th addition of Key Haven is badly
eroded, due to its loose uncompacted nature, exhibiting a wide inter-
tidal zone which eventually drops to the deep waters of the offshore
borrow pit.
Three separate lots have been filled and. bulkheaded along this shore-
line. Lot 1 has been bulkheaded to the east (three lots down) by
vertical concrete slab out to the point that the present applicant
wishes to bulkhead.
Lot 7 was filled and riprapped nearly to the edge of the offshore
dropoff_, or eight to ten feet further out than the bulkhead on Lot 1
and Lot 8. Lot 8 lies immediately to the west (corner lot) of the
applicant's lot. Lot 7 and 8 were both permitted by D.E.R. The
riprap on Lot 7 was placed consistent with an expired permit within
the last several years.
The bulkhead and backfill placed on Lot 8 was authorized by permit
#44-23429-5E for Paul Marrero. Although the actual construction was
done somewhat beyond the permitted limits on the far west side of
the lot, the eastern side of the bulkhead is in line with the water -
ward limit of the applicant's proposed bulkhead and the bulkhead
on Lot. 1.
On all lots along this shoreline, the intertidal zone from the eroded
bank down to MLW is fairly barren. From PA.LW to the dropoff offshore,
a vegetation line exists which extends partially down the slope of
the dropoff.
The applicant's lot has loose limerock overlying a more compacted
marl base. This marl base extends for the width of the intertidal
shelf and is overlain for most of this width by coarse sand and rock
rubble. Larger rocks are scattered along this shelf along_ with
cement slurry, which was dumped along the erosion line.
Along most of the applicant's lot, the wrack line is approximately
five feet from the upland/erosion line. From this point waterward,
a 15 to 20 foot barren intertidal area is encountered. Where larger
rocks are found in this area, several species of grazing snails
were observed along with a single spotted sea hare (Aplysia dactylomela).
At high tide, a variety of small fish were observed, including pin -
fish (Ladodon rhomboides), snapper (Lutjanus sp.), and mojarra
(Gerreidae).
Below MLW, turtlegrass (Thalassic testudinum), shoalweed (Halodule
wrightee), and manatee grass (Syringodium filifornis) were observed
along with red algae (Acanthophora sp.).
Primary impact of concern is the elimination of part of the offshore
littoral seagrass communtiy, necessary for sediment stabilization,
marine habitat, and as a source of organic uptake, filtering and
food production.
Positive impacts here will include shoreline stabilization and
habitat production from the placement of riprap.
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 28th day of July , 19 81 at a
regularly scheduled meeting.
BOARD OF COUNTY COMMISSIONFRS OF
MONROE COUNTY, FLORIDA
By
Mayor
AAZ*� V
(Seal)
Attest: RUN� fin . , .' LE ��
M 'at
C,
Clerk
APPROVED AS TO FORM
AND LEGAL SUFF►CIFIVCY.
BY Attom�Y•s Ofte
3201 GOLF COU9GE BOULEVARD
PUNTA GORDA, FLORIDA 33950
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
SOUTH FLORIDA BRANCH OFFICE
June 10, 1981
Mr. & Mrs. Ted Ernst
608-D Key West By the Sea
Key West, Fla. 33040
Dear Mr. & Mrs. Ernst:
BOB GRAHAM
GOVERNOR
JACOB D. VARN
SECRETARY
Re: Monroe County, File No. 44-42080-5E,
Seawall
As we advised you on 4-29-81 , your application is
incomplete without loEial 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.
RWC/ck
Enclosure
DER Fora 17-1.122(50)
Sincerely,
R. W. Cantrell
Dredge & Fill Supervisor
MR. /IRS . TED
#44-41080-5E
Monroe County
Page Two
ERNST
- Racoon Key
A. This project involves riprap bulkheading of a residential lot
and backfilling with 250 cubic yards of fill, 200 of which will
be waterward of MHW and 50 which will be landward of P1HW.
Additionally, a four by four foot dock with a four by four foot
terminal tee will be constructed out from the riprap line to
provide private boat mooring.
A total of 106 feet of riprap bulkhead (eight foot width) will
be placed approximately eight feet from the offshore dredge area
dropoff. The width of the total area filled.ranges from 23 feet
on the east end to 30 feet on the west end. Riprap and backfill
will be graded even with the top of the present lot grade.
B. This particular area was artificially created from submerged bay
bottom before permitting requirements. The area is residentially
developed with inland canals and lakes.
Immediately offshore and contained within Boca Chica Channel is a
large submergent borrow pit, formerly worked by D.O.T., but now
inactive. The shoreline of the 8th addition of Key Haven is badly
eroded, due to its loose, uncompacted nature, exhibiting a wide
intertidal zone which eventually drops to the deep waters of the
offshore borrow pit. `
Three separate lots have been filled and bulkheaded along this
shoreline. Lot 1 has been bulkheaded to the east (three lots down)
by vertical concrete slab out to the point that the present
applicant wishes to bulkhead.
Lot 7 was filled and riprapped nearly to the edge of the offshore
dropoff, or eight to ten feet further out than the bulkhead on
Lot 1 and Lot 8. Lot 8 lies immediately to the west (corner lot)
of the applicant's lot. Lots 7 and 3 were both permitted by D.E.R.
The riprap on Lot 7 was placed consistent with an expired permit
within the last several years.
The bulkhead and backfill placed on Lot 8 was authorized by permit
#44-23429-5E for Paul Marrero. Although the actual construction
was done somewhat beyond the permitted limits on the far west side
of the lot, the eastern side of the bulkhead is in line with the
waterward limit of the applicant's proposed bulkhead and the
bulkhead on Lot 1.
On all lots along this shoreline, the intertidal zone from the
eroded bank down to MLIJ is fairly barren. From 1.1L[J to the dropoff
MR,/MRS. TED ERNST
#44-42080-5E
Monroe County - Racoon Key
Page Three
offshore, a vegetation line exists which extends partially down
the slope of the dropoff.
C. The applicant's lot has loose limerock overlying a more compacted
marl base. This marl base extends for the width of the inter-
tidal shelf and is overlain for most of this width by coarse sand
and rock rubble. Larger rocks are scattered along this shelf
along with cement slurry, which was dumped along the erosion line.
Along most of the applicant's lot, the wrack line is approximately
five feet from the upland/erosion line. From this point waterward,
a 15 to 20 foot barren intertidal area is encountered. Where
larger rocks are found in this area, several species of grazing
snails were observed, along with a single spotted sea hare (Aplysia
dactylomela). At high tide, a variety of small fish were observed,
includinginfish (Lagodon rhomboides), snapper (Lutjanus sp.). and
mojarra (Gerreidae).
Below MLW, turtlegrass (Thalassia testudinum), shoalweed (Halodule
wrightii), and manatee grass Syringo ium iliformis) were observed
along with red algae (Acanthophora sp.).
D. Primary impact of concern is the elimination of part of the offshore
littoral sea.grass community, necessary for sediment stabilization,
marine habitat, and as a source of organic uptake, filtering and
food production.
Positive impacts here will include shoreline stabilization and
habitat production from the placement of riprap.
MAN
ERNST, 3R.
COUNSELOR AT LAW
P. 0. D pA lv! R 537
PIG,P{��:'C KEY, FL- 33043
p05) C72-4990
Big Pine
June 23, 1981
P•Ss . Cindy Shalley
Dept. of the Army,
- Corps of Engineers
P. 0. Box 4970
Jacksonville, FL 32232
RE: 81J-0638 (Ernst) 44-42080-5E ?Tonroe County
Dear Ms. Shalley:
We accept your reconnendation to place riprap on
a 1:3 vertical to horizontal slope.
Please proceed with our application.
Thank you for your consideration and cooperation.
Very truly yours,
W. TED ERNST, JR.
WTE:mr
CC: Dept. of Environmental Regulation
onroe County Building Dept. /
-F? P
TOPS •�' FORM 3397 LITHO 1'
DEPARTMENTAL CORRESPONDENCE
DATE July A
SUBJECT Ernst Jr. W.T. and M.P. • Fill and dock
TO 11en jT We n1-am- T);rartn?-
DEP'T Plann;n�
FROM Robert Dennis, Fnviron Biol. DEP•T Planning, Building & Zoning
Page two
RECOMMENDATION:
Approval with the following conditions:
I.
'Lip -rap be
placed
first and
then backfilled,
2.
Turbidity
screens
be used if
possible, and
3. Backslope the fill away fron the rip -rap to control
runoff.
RD/jf
TOPS FORM 3397 LITHO 1
DEPARTMENTAL CORRESPONDENCE
DATE July 6, 1981
SUBJECT Ernst, Jr. W.T. and T.I.P. • rill and dock
To Henry Weinkam, Director DEP'T Planning, Buildini, & Zoning`
FROM Robert Dennis Fnviron, P,iol 4�e?o DEFT—_Planninr, Bui1 .ing & 7oning
LrGAL
TWSP 67S, RGE 25E, SECT 26, Key Haven
8th Addition, Block 5, Lot 4, and
part of Lots 3 and 5. Raccoon Key.
Zoning is RU-1.
INTRODUCTIO`I:
This application is to be reviewed by the Board of County
Commissioners in accordance with Chapter 19-111(a)(5) of the
Monroe County Code.
DISCUSSION:
Applicants propose to place approximately 250 c.y. of riprap
and backfill along their 106 ft. of waterfront property abutting,
the Gulf of Mexico (Boca Chica Channel). Two hundred cubic yards
will be placed waterward of MHW and another 50 c.y. landward+ of TIH14.
According to the attached DER report, the width of the area to be
filled ranges from 23 to 30 ft. and terminates approximately 8 ft.
from an offshore borrow pit.
In addition, an 8 ft. long x 4 ft. wide dock is proposed with
a 10 ft. lon x 4 ft. wide "T". The dock will provide boat dockage
in the deeper eater of the borrow pit.
When this site was inspected in early June, 1981, the Bay
bottom was found to be very sparsely vegetated and consisted of
marl eroded from the shore and deposits from the excavation of
the borrow nit. A principle structure did not exist on the site
at that time.
The attached Department of Environmental Regulation report
discusses this project in greater detail and should be read for
additional information.
EVALUATION:
Both the upland and bay bottom '.lave been extensively altered
by *past dredfee and fill activities. Neither the bay bottom to he
filled nor the shoreline can be considered natural. "Purthermore,
the placement of fill out 23 to 30 ft. would be consistent with
other lots to the NT4 and NE of this site.
No adverse, long, term environmental impacts are expected
as a result of this project.
ui
Blo 1 ey Haven L i y lt4l udC1
157 Z L
�Vlv
A CAOZA61�2'- �V-
i;,I.
L
Xc�
00
J
y-a
rV1ONRO
COUNTY NTY Z F,�r,1VATIO;, TTTE PEPi)SIT 07 FILL, 0
. ACTIVITIES IN T1IE ItiATETZS 0IJETLA.,D OF
i
Property owners name & mailing address ' Date
W. TED ERNST, JR. and MARILYN PAPY ERNST, his wife,
608-B Key West By the Sea May 11, 1981
Key West, FL 33040
L i i�[ i I -A-
T! C T IT 1:.%
lone number
296-3117
14) Contractor or agent's name, mailing address, phone & certification number.
Charles E. Freeman (305) 294-9875
2617 Patterson St.
Key West, FL 33040 Certification #
Legal description of property:
Section, 26
Township, A S_
Rance, _ 25 E.
(if. acreage)
Key, Raccoon Subdivision, Eighth Add' n
Lo , 4 NW'ly 20' of Lot3Block
an SE 36 '$'`--ei-11 '
Street, road or mile marker,
i.oning,
RU-1 Plat Book 5, Page 61
5
Cypress Terrace
6) Describe the proposed activity, methods of constriction & amount of material
(in cubic yards), to be excavated or discharged. Describe purpose & intended
use of project.
Bulkhead and backfill with 250 cubic yards of clean fill obtained from upland areas.
Construct pier for mooring private boat, fishing and swimming. No fuel pumps or
toilet facilities to be constructed on pier. No structures are to be erected.
dredged/excavated filled/deposited
�olume of. material: , 2oc
/ c.y. cd y. So C.V.
o;ai
cd�1-'ii��iTJ�ird ba{di�a�d i
• of ff1i
7) Name, address & zip code of adjoining property owners whose property affronts
water way.
Hugh J. Morgan Robert C. Young and Edna H. Young
P. O. Box 117, 317 Whitehead St. 1014 Seminary St.
Key West, FL 33040 Key West, FL 33040
8 a) List other permits issued and/or applied for, include applicant s name, or j
this site
Joint application to the Department of the Army (Corps of Engineers and Florida
Department of Environmental Regualtion).
b) If application has been submitted for this project (or one similar) in the
past, explain reason for new application and give applicant's name if
different from current applicant.
N/A
J%
list aii reaerai and State agencies that have received applications for this
project* Department of the Army, Corps of Engineers (Permit Application No. 81J-0638)
Florida Department of Environmental Regulation (Permit Application No. 44-42080-5E).
This completed application form will be accompanied by the following, or it will i
NOT Be processed.
45Two (2) sets of drawings, on 8� x 11 paper, showing location, plot lap to view
and cross section of proposal, drawn to scale. p p
b)� AA-lic?tion processing fee as follows::
$25.00 for dredge, fill, docks OR any 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 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 constr ction p thi-i-,typg•-of facility.
.l l <�n a t-I1 r!l O is LYU lcan a,,n i�Y
Jk'or Department Ilse nnly/
P son accepting; application
Fee & receipt ;E Approved by Ass7t. Director
Cost of permit Estimate cost of cons u
MO N R O E PLANNING, BUILDING & ZONING DEPARTMENT PERMIT
COUNTY PERMIT FOR EXCAVATION, THE DEPOSIT OF Flo.
FILL, OR STRUCTURAL ACTIVITIES IN THE
WATERS OR WETLANDS OF MONROE COUNTY
1)
Property owners name & mailing address
2) Date
FOR DEPARTMENT USE ONLY
W. Ted Ernst, Jr. & Marilyn Papy Ern
t May 11, 198
13)
6.08-B Kev West by the Sea
Resolution No.
Key West, Fla. 33040
Phone number
(305)
Date:
296-3117
4)
Contractor or agent's name, mailing address & phone number
Charles E. Freeman
2617 Patterson St.
Key West, Fla. 33040 (305) 294-9875
5)
Legal description of property:
Section 26 Key Raccoon SubdivisionKey Haven 8th Addition
20' of Lot y �
Township 67 S Lot 4 NW'lt ck 5
Range 25 F Street, road or mile marker Cypress Terrace
Plat Book 5, Page 61
Volume of material: dredged/excavated filled deposited
c.y. c.y. 200 c.y. 50 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:
Cost of Permit
Estimated cost of Construction
Approved by
Chairman
BOARD OF COUNTY COPLMTSSIONERS
OF MONROE COUNTY, FLORIDA
Biologist Comments - Restrictions or Special Conditions if any:
Copy in File Date
Building Official
-BOARD W cbUNTY 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
"" OUNTY o MONROE
KEY WEST, FLORIDA 33040
(305) 294 4641
Monroe County Legal Department
Key West, Florida 33040
OFFICE OF:
Henry F. Weinkam, Director
Building, Planning & Zoning
P.O. Box Room 216 Wing II
Public Service Building
Stock Island, Fla.
33040
I, the undersigned, do hereby attest that all date
and information is complete in the package of the applicant
as follows:
1. Certificate of Complete Enclosures
2.
Permit
3.
Application for Permit
✓
4.
Site Plan
✓
5.
Location Map
6.
County Biologist Report
7.
DER Assessment
8.
Resolution
t�
DATE_ d —