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Resolution 220-1981 - ... RESOLUTION NO. 220 -1981 ~!HEREAS, the BAORD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, has received an application from Joseph McCutcheon 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 165 lineal feet of vertical concrete seawall at mean low water. In addition, nine cubic yards of riprap will be placed at the seawall toe. In all, 75 cubic yards of backfill will be utilized. The seawall will be installed from a barge and the riprap will he placed by hand. All materials will be brought to the site by truck. Turbidity screens will be used. The purpose of the seawall is to prevent further erosion of the property. The project area was originally low, mangrove-dominated wetlands with shallow tidal creeks before being dredged and filled for residential develepment during the 1950's anc 1960's. The canal bordering the applicant's property was dredged from wetlands during this period. It connects at either of its ends to partially artificial 'lakes', which at one time occurred naturally (at a shallower depth and with a more meandered shoreline). Depth of this artificial canal is unknown although it appears to be at least -8 feet at MLW. Because of the soft marl sediments which were d~edged up here and which now line most of the canal shoreline, red mangroves (Rhizophora mangle) have become established along much of this shoreline. Some of these mangroves have attained surprisingly substantial heights, considering the relatively short period of time since they have been here. Flamingo Island is relatively undeveloped, although a good many of the lots on the opposite shoreline of the applicant have been developed. The applicant's property is presently under construction. Newly placed fill from the upland portion of the lot has been pushed to within five feet of the high water mark. From this point down, where man- groves presumably grew at one time, concrete and small boulder riprap has been placed. Several red mangroves remain along this property, below MHW. Other than these mangroves, the narrow shelf (average of ten feet wide) off- shore supports little in the way of biological productivity ( in terms of biomass). Some green alo.aes (Batophora sp.) were observed along this shelf along with several transitional wetland plant species slightly above MHW. The species observed were sediments along this shoreline are soft marl. Because of poor water circulation within this canal system and because of the soft marl sediments, water clarity is somewhat poor here. The only significant impact of concern here is the removal of established mangroves and the subsequent loss of an effective upland filter, de- trital source, and hurricane buffer. It is felt, however, that the stabilization realized from the seawall may prevent excessive tur- bidity and siltation caused from shoreline erosion in the immediate area. BE IT RESOLVED BY THE BOARD OF COUNTY C01'1MISSIONERS OF ~,1QNROE COUNTY, FLORIDA, that the above Biological Assessment has been read into the record and duly considered pursuant to Florida Statute 253.125 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 CO~1ISSIONERS OF HONROE~TY, FLORIDA By ~M~5~.oi~ (Seal) Attest: E CLERK RALPH \V. \VUi , 0, APPhQVi:D kS ,u !", BY BOAI'm. Of COUNTY COMMISSIONERS Wilhelmina Harvey, District 1 Curt Blair, District 2 Mayor Protem Jerry Hernandez, Jr., District 3 MAYOR George E. Dolezal, District 4 Ken Sorensen, District 5 r--v-- OFFICE OF: Henry F. Weinkam, Director Building, Planning & Zoninc (305) 294.4641 P.O. BOX Room 216 Wing r: Public Service Building ...' Stock Island, Fla. .., ~. 33 04 0 : . ~ . . '. ,to ~~"" ":: Monroe County Legal Department Key West, Florida 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 V 5. Location Map ~ 6. County Biologist Report ~ 7. DER Assessment ~ 8. Resolution BY ~ G~A,:- DATE 7-~ F3. -.f E'~ ",:: R"- fM.c,~~-, ~',' T" ',-~ , . '.',. l: ! "f' '" f:-. fC .,.. . .' '~:,' r~'. ~. ~~- . ~ f::'".-. ., ~ , PLA11HNG , BUILDING & ZONING DEPARTNENT PEmUT MON~CE ,~~ f?. .~ PEr~IIT FOR EXCAVATION, THE DEPOSIT OF NO. COUNTY \~[ ;.1 FILL, OR STRUCTURAL ACTIVITIES IN THE ~~ 7/ -, ~:: WATERS OR HETLANDS OF HONROE COUNTY 1) Property owners name & mailing address 2) Date FOR DEPA...~THENT USE m1LY Joseph McCutcheon March 18, 1981 Resolution No. 'Post Office Box 415 3) Phone number t-1arathon, Florida 33050 (305) Date: 743-2343 I 4) - Contractor or agent's name, mailing address & phone number Key Cology, Incorporated I 414 Simonton Street Key West, Florida 33040 (305) 294-8719 I 5) Legal description of property: Section 15 Key Marathon Subdivision Flamingo Island Estates " Tm,"Ilship 66 Lot 26 Block 1 Range 32 Zoning RU-I-M Volume of material: Street, road or mile marker CODa D'Ora ~ dredged/excavated o c.y. waterward of M.H.H. o c.y. landward of H.H.W. filled deposited Rip-rap 9 35 c.y. 40 c.y. waterward landward of M.H.H. of M.H.H. ZONING: PURPOSE: Cost of Permit Esti~ated cost of Construction Approved by Chairman BOARD OF COmITY COff-lISSImmRS OF i-lONROE COUt-;TY, FLORIDA Biologist Comments - Restrictions or Special Conditions if any: COD V in File Date EuilJing Official NlONROE cqUN,TV ~ "DT ANNINr" BUILDInG & zo:nNG DEPART!IENT PERMIT M)I':"=CATIQ~; t EXCAVATIO'l, THE DEPOSIT OF !..!.!:!:' 0 HJCTURAL ACT I V I TIE S I:i T II E h' ATE R S 0 R l'; E T LAN D 0 F 1'1 v" ROE CO U ~n y 1) 'Property owners name & mnilinp address Joseph McCutcheon Post Office 30x 415 Marathon, Florida 33050 2) On t e 3) Phone number r1arch 18, 1981 (305) 743-2343 4) Contractor or agent's name, mailinp, address, phone & certification number. KeyCology, Incorporated c 414 Simonton Street Key West, Florida 33040 (305) 294-8719 5) Le?,al descri?tion of property: Section, 15 To~mship, 66 Key, Marathon Flamingo Island Subdivision, Estates Lot, 26 Block, 1 Zoninp" 32 (if acreage) 121/ -j -"M I3P Street, road or mile marker, Ran~e, Co paD I 0 ra ... volume of material: 6) Describe the proposed activity, methods of constr~tion & amount of material (in cubic yarns), to be. excavated or discharr,ed. Iescribe purpose & intended use of project. Construct 165 lineal foot concrete bulkhead at mean low water, with 75 cubic yards limerock backfill. Nine cubic yards of rip-rap to be placed at toe of seawall. Purpose is to prevent further e:osion along shoreline.of man-made canal system. t1aterials brought to site via truck. F~ll spread by dozer; rlp-rap placed by hand; seawall installed from barge. Turbidity screens wlll be used. dredr,ed/excavated filled/deposited Rip-rap 9 Fi llSr I:~if~~~ y. 6 rtoA .lf~~~. owners whose prop~rty affronts 7) Name, ~.;ra t e r o c.v. 0 c.y. ~.;rat~T\ra?jd-' "lalld\olard o t II. II .\ . of H. II . H . address & zip code of adjoining property ~.,. a. y . Thomas O. and Lois V. Sayer 610 35th Street, Ocean Marathon, Florida 33050 Martin J. and Carolyn D. Skok 412 North State Street Elgin, Illinois 60120 8 a) List other permits issued and/or applied for, include applicant's name, for this site N/A 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 9) List all Federal and State agencies that have received applications for this proj ect. State of Florida; DER Army Corps of Engi neers This completed ~pplic~tion form will be accompanied by the following, or it will NOT Be processed. a) Two (2) sets of drawings, on 8~ x 11 p~per, showing location, plot plan, top view and cross section of proposal, drawn to scale. b) App1ic~tion processing fee as follows~ $25.00 for dredge, fill, docks OR any structures affronting natural water bodies. $10.00 for verticnl seawalls on man-made bodies of water. $25.00 for any combination of the above activities per site. A 1ication is hereby made for a permit to ~uthorize the activities described herein. IP~ertify that I am familiar with the information contained in this applicntion, and to the best of my knowledge & belief such inform~tion is true, complete & ~ccurate. 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 wlth . I whether soecified 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 regula ti ng cons truction or pe rformance of cons truc tion ,of this t'ype of faSi 11 ty.,. j/ ,7' /' I ) ,,' ,,,' /11/ L/ ." " --, ,.. ,!e, ~r_/i(j(I~- March 18, 1981 Sipna.tl1rf' o~/appll.\cal1 '{agent: Date ~. "~---_.,, ~ sO 0 -j:t:" 37 '7/9,/' IFor Department Use Onlv/ Fee [. receipt If Approved by Ass1t. Director Person accepting application ffi;-fdl !~o-c.J)c:::-!2l, /2tpt.-'1'_~"-"O" C.ORt of permit , " ! ,-""'.... ~"'t-.~-vJ.......:y ~]) 577k / Estimated cost at construction E>\ -4-~ . t ~~, ~- 1 1 I \1 ! e ! , q I ~~t ,0 , t,\ ~~ 1,0 ,1 I I '. k~ ;"; ;~ ",,,.;:, ~ :~: :~ .l ~< '\, ~ ('J V A 'I i I ' I ! , i I ! ~ '.'''' t:> v.~' C;; ? j(. \~\(P e oJ'- ...J }to-c/l.et., " 5 ? -/ . 1 1 &\ (, (, Go ~ (" 8 r' 1 5 1 1 @ 1 , 1 Go 1 Go 1 1 1 5 e G(' 1 1 q 1 e , .., .!' :z: , 8 , ..., ~ ..-~",. " #. " '" ., ~l ',-, / VICINITY t1AP Taken From USGS Chart #11445 PURPOSE: Prevent Further Erosion DATUM Mean Sea Level ADJACENT PROPERTY OWNERS: PROPOSED BULKHEAD. n;'" ;':'-~J~ AND BACKFILL 25. Thomas O. & Lois V. Sayer 610 85th Street, Ocean Marathon, Florida 3305~ 27. Martin J. & Carolyn D. Skok 412 North State Street Elgin, Illinois 60120 r r I (: [ I ( I f r f' IN: Man-~'ade Ch41nnE:, AT: ~'arathon COUNTY OF: ~'onl'oe STATE OF: Florida DATE: t1arcl1 18. 1S-~: APPLICANT: Joseph I('/'/'//~I/ ":-:;'1 {) ;I.) r ~\ r l i I j" , . I , / '/ ' '---, .,.-4 ,'t._...Lt.\IIi-- I r- :,( I 9 K~~Colo9Y' 'l1 I I I I I :!;.~).C~. ...- ~ '''';"'....,... -'. ~.. l' -.... .:::'" '''-- I I I I .. v,'! "I'-'l!'!1 _. : ,i~&;i;j~rz:~~~~~.a.,.~~';'"4;~~=~q.~.;r...,.".-~ SCALE. SE.AWALL :SE.CTION RE-C.Li".'W\ JV\A.")(.. .3.0' ~/ 0, // ( SCALE. I I a .2.'3 I , 50 ~- -.....~,.:'-;~ ~~ Inc. 414 Simonton SI. Key West, FL 33040 294-8719 & 296-2008 'SoLID POuR. CONC.R.E.TE. -==-EA'NA.L'-- \(,,'5 L'f..I.I::-t, K:I?- RA? A. -rOE... RE.D - MM.l.bRO\IE. ~'o'" c.E:N.TE.RS .. .. .. '-i \ CI ~ \ -ry MAP SH E. E... T ...i. o{ :2.. Lt=..<SE..N D - -- PRO~E.R..."TY. \... \ N E. ~ Z. 'F' ~ ~ ;xJ 10 [\ -Srn } (\Ji !:.lJ1 J:>lll zv Z fTI r : E.RODE:.P S\-\ORELlNE. / ' i e~eo..?E-2 _f2.E~'t:f~l.d-:= 1(,,5' I : "'''''BAC.K.~ILL ~15cu''1D. - -QO' EL. 3,1.+ PLAN lOT .2b PlK .1 " flamingo island I ~ estates .leo' ~~ (L '\ , ~ I -8 , , :i:::>;~-rE : ::,- \e,-~ ,A.F'""?LIC.A~'- : 1V,f::.~. 3"'o'S E+>\-\ M "'CulCH EO~ )O"D'A. rb 'RIP.R.AP J:~ {.=~ ~~\T"'" 5f-1EET 2- O~ 2. . c, ~. ~~~_~ "';k-",,.:!">;. 5.,~~; -~~~~ ~~*ri~~':' e TOPS .. T~ ~ORM 3397 LITHO IN _ DEPARTMENTAL CORRESPONDENCE DATE June , (1 .4 U " 19~1 SUBJECT :.rcCutcheon. J ..~ nip-ran seaua11 To IIenr ~l inkqm T"I" ,J. Environnental niolo"'ist DEP'T P1anninl': , B t1 i 1 din ~ :l n (1 7 . ..on1nf'- FROM Robert 1Ienn1s DEP'T Planninr:. Buildin!" .<lnil 7.onin<" . LEGAL TWSP 66S, RGE32E, SECT 15, Block I Lot 16, flaminr,o Island Estates, J~e,! Vacuo Zoninr; is nU-ln. LrfRO:JUCTION: Thisapplic8tion i~ to be reviewed by the Board of County COl1lmissioners in accor(~ancc ~dth Chapter 19-1ll(a) (5) of the Honroc County Code. :JISCUSSION: Applicant proposes to construct a 165 linear foot concrete bulk:lead along his canal-front property. The :Je<l\Jall \.,i1l be placed alonB the mean low water line and will require approximately 75 c.y. of b<lckfill. In addition, 9 c.y. of rip-rap bnlllders will be placed at t~e toe of the seawall. A discussion of the biota pr~sent <lnd a description of the area is providerl in the attached Department of Environmental Regulation report. PUJ.I'OSE: To reclaim eroded land and protect property from future erosion. EV ALUA TIO'J: 10 adverse, long-t~rrn environmental impacts are expected as a re::;ult of t~lis pro.i~ct. IlEC()'rIElr)ATION: .\pproval. NOTZS: Army Corps nnd Departncnt of Eavironmeatal ~c~ulation permit3 requir~d. j{:J/j= 3201 GOLF COURSE BOULEVARD PUNTA GORDA, FLORIDA 33950 BOB GRAHAM GOVERNOR JACOB D. VARN SECRETARY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION SOUTH FLORIDA BRANCH OFFICE June 2, 1981 Joseph McCutcheon clo Key Cology, Inc. 414 Simonton Street Key West, Florida 33040 Re: Monroe County, File No. 44-42258-SE, Seawall, Rip-Rap Dear Mr. McCutcheon: As we advised you on May 6, 1981 , your application is incomplete without local approval, pursuant to Section 253.l24, 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 ". . .sha11 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 ~o 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, ~~~ RWC/wb Enclosure Richard W. Cantrell, Dredge & Fill Supervisor DER Fo~ 17-1.122(50) McCUTCHEON, JOSEPH tt44-42258-5E Honroe County - Harathon Page Two A. The applicant is proposing the construction of 165 lineal feet of vertical concrete seawall at mean low water. In addition, nine cubic yards of riprap will be placed at the seawall toe. In all, 75 cubi~ yards of backfill will be utilized. The seawall will be installed from a ,barge and the rl.prap will be placed by hand. All materials will be brought to the site by - truck. Turbidity screens will be used. The purpose of the seawall is to prevent further erosion of the property. B. The project area was originally low, mangrove-dominated wetlands with shallow tidal creeks before being. dredged and filled for residential development during the 1950's and 60's. The canal bordering the applicant's property was dredged from wetlands during this period. It connects at either of its ends to partially artificial "lakes", ,which at one time occurred naturally (at a shallower depth and with a more meandered shoreline). Depth of this artificial canal is unknown although it appears to ~' be at least -8 feet at MLW. Because of the soft marl sediments which were dredged up here and which now line most of the canal shoreline, red mangroves (Rhizophora mangle) have become established along much of this shoreline. Some of these mangroves have attained surprisingly substantial heights, considering the relatively short period of time since they have been here. Flamingo Island is relatively undeveloped, although a good many of the lots on the opposite shoreline of the applicant have been developed. C. The applicant I s property is presf:ntly under construction. Newly placed fill from the upland portion of the lot has been pushed to within five feet of the high water mark. From this point down, where mangroves presumably grew at one time, concrete and small boulder riprap has been placed. Several red mangroves remain along this property, below !~~. Other than these mangroves, the narro\~ shelf (average of ten feet wide) offshore supports little in the way of biological productivity (in terms of biomass). Some green algaEs (Batouhora ~) were observed along this shelf along with several transitional wetland plant species slightly above ~rnw. The species observed were McCUTCHEON, JOSEPH #44-42258-5E Monroe County - Marathon Page Three buttonwood (Conocarpus erecta) and sea daisy (Borrichia sp.). Sediments along this shoreline are soft marl. Because of poor water circulation within this canal system and becc,use of the soft marl sediments, water clarity is somewhat poor here. D. The only significa~t impact-of concern here is the removal of established mangroves and the subsequent loss of an effective upland filter, detrital source, and hurricane buffer. It is felt, however, -that the stabilization realized from the seawall may prevent excessive turbidity and siltation caused from shore- line erosion in the immediate area.