Resolution 232-1981RESOLUTION NO. 232 -1981
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, has recieved an application from Mr. & Mrs. Krause
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 is an after -the -fact permit for a rock and cement seawall
that was constructed below MHW on a residential lot bordering a
natural shoreline. This seawall is approximately 75 feet long and
extends vertically about two feet above MHTA1. Limestone fill was placed
in back of the seawall. In all, 50 to 100 cubic yards of fill was
deposited as backfill.
A backhoe was used to place the boulders for the seawall and a bull-
dozer was presumably used to spread the backfill.
The purpose of this project is for private usage.
The project site is on the western shoreline of Ramrod Key, bordering
Niles Channel, which connects the Atlantic and Gulf in the lower Florida
Keys. This shoreline has been disturbed through past dredging and fill-
ing in the immediate area of the applicant's lot. To the south of this
site is U.S. 1 and its associated construction activity. Further to
the north, the shoreline is rocky with offshore turtlegrass (Thalassic
testudinum) and a narrow inland band of wetlands composed primarily of
red mangrove (Rhizophora mangle).
Also to the north of the project site are several commercial fishing
boats and a small dock used for boat mooring and offloading.
Offshore waters where these boats are moored have been dredged (before
permit requirements) to a depth of 5 to 10 feet. This dredge area ex-
tends the entire width of the applicant's property, including the area
in front of the new seawall.
Immediately adjacent to the existing seawall (north side) are scrubby
red mangroves, with a mixture of black mangroves(Avicennis germinans),
white mangroves (Laguncularia racemosa), buttonwood (Conocarpus erecta),
batis (Batis maritima), and glasswort (Salicornia sp.). No fill has
been placed here for some distance inland.
On the other side of the seawall, a small spit of emergent land is
encountered which supports red mangroves. Inland elevations rise rap-
idly to uplands (old fill) in this area.
The applicant's lot is presently filled from the existing seawall on
up to his house, in a disturbed area that was filled many years ago.
Some of the fill that was placed in this area is being contested by the
Army Corps of Engineers, although D.E.R. has no active enforcement
pending in the area.
It is difficult of determine the exact location or physical character-
istics of the area recently filled and seawalled, however, as judged
from nearby areas, this shoreline displayed a fairly barren, rocky inter-
tidal zone with a diverse and productive benthic population below r4LV7
and a scrubby mangrove frinne landward.
The seawall was constructed below MLW in some areas and in between MLW
and MHW in other areas. During a mid level tide, as observed during
the on -site inspection, approximately two feet of water covered the
base of the newly constructed seawall. Additionally, the fill from re-
cent backfilling operations was spilled into offshore waters for another
five feet out. This fill and a good portion of the seawall overlap a
turtlegrass bed, which continues further out into the offshore dredge
area. Mixed in with this turtlegrass are green algaes (Penicillus sp)
and (Batophora sp.) along with anemones=(Condylactis gigantea), sponges,
mussles and urchins.
Above this submergent vegetation line encroached upon, a barren rock
intertidal area capable of supporting small red mangroves and Batophora
sp. was filled in. This area was about ten feet wide, although this
distance may have been variable.
The majority of the wetland area filled over was unproductive and of
minimal value to the offshore system. By extending the seawall beyond
MLW, a marine systemcapable of supporting_ a diversity of marine or-
ganisms was partially encroached upon and destroyed. This type of des-
truction has an impact on the area's food chain and water quality, thereby
affecting the commercial and sport fishing of the area.
BE IT RESOLVED BY THE BOARD OF COUNTY COPIPIISSIONERS OF A?ONROE
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.
(Seal)
Attest 9ALPHP-41����'L, L
Clerk
BOARD OF COUNTY COMMISSIONERS OF
MONK LAN-TY', FLORIDA -
-
By C�f
el -
Mayor
APPRM" AS M MPY
ti sut ;CfciYC'Y.
jY 49
Attorney's Offke
BOARD OF COUNTY COMMISSIONERS r
WilhekNna,Harvey, District 1
Curt Blair, District 2
Mayor Protem Jerry Hernandez, Jr., District 3
MAYOR George E. Dolezal, District 4
Ken Sorensen, District 5,.;.d;
"u OUNTY o MONROE
KEY WEST, FLORIDA 33040
(305) 294 4641
Monroe County Legal Department
Key West, Florida 33040
QFI-Il.t ur:
Henry F. Weinkam, Director
Building, Planning & Zonin
P.o. Box Room 216 Wing I
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_3/
2. Permit
3. Application for Permit
4. Site Plan
5. Location Map !�
6. County Biologist Report
7. DER Assessment
8. Resolution
,12a
BY �
�
DATF._7— l a — J-
< {MONROEa PLANNING, BUILDIG & ZONING DEPARTMENT PEL.,IIT
.,PERMIT
FOR EXCAVATION, THE DEPOSIT OF NO.
COUNTY
' FILL, OR STRUCTURAL ACTIVITIES IN THE
WATERS OR j4ETLANDS OF MONROE COUNTY
1)
Property owners name & mailing address
2) Date
FOR DEPARTMENT USE ONLY
Rudolph &
Roseann Krause
Jan. 1, 1981
Rt . 2 Box
331
Resolution No .
Summerland
Key, Fla. 33042
3) Phone number
(305)
Date:
872-2100
4)
Contractor or
agent's name, mailing address & phone number
OWNER
�
S)
Legal description of property:
Section 31
Key Ramrod Subdivision
Township 66
S Lot Part of Gov. Lot ]Block RE 114150
Range 29
from Key West U.S. 1 to Mako
F Street, road or mile marker �'
Road Pft- i-n 01 dl State Rnad Left to —J Niles Channel,
Volume of material: dredzed/excavated filled deposited
c.y. c.y. 3 c.y. 25 Y-
waterward landward waterward landward
of M.H.W. of M.H.W. of M.H.W. of M.H.W.
ZONING: GU
I
PURPOSE:
Cost of Permit Estimated cost of Construction
Approved by
Chairman
BOARD,OF COUNTY CM—IISSIONERS
OF MONROE COUNTY, FLORIDA
Biologist Comments - Restrictions or Special Conditions if any:
CODy.in File Date
Building Otlicial
Mq, NRCE
COUNTY QA.; ��
�00,
IN THE WATERS
OR WETLANDS OF MONROE COUNTY
I Propert _ownerswe & mailing
Aa�c-��✓�/
address
2 Date
For Department Use Onl
,!�'t •� Fc ,Y 3 3 /
3) Phone number
P/4- 3 c' `/U--
I
4 Contractor or agent's name, mailing
address & phone number
L Gvx� %C
5 Legal description of property:
Section, 2
Key, Subdivision,
�` S
Township,
Lot, - v—, L��i Block, r�L
tom& i — �/ 5-
Range, J G-�
Street, road or mile marker, lc%l,
/r���t /J; /ems C,(,
(if acreage)
GC
6 Describe the proposed activity,
methods of construction & amount of material, in cubic
yards), to be excavated or discharged.
bo C, ( C/ t.1� , /,o i -C?,.: L-J, / '-)
dredged/excavated
filled/deposited
volume -of material:
C.Y.
waterward
c.y. c.y. '5 y.
landward waterward landward
of M.H.W.
of M.H.W. of M.H.W. of M.H.W.
7 Name, address & zip code of adjoining
property owners whose property affronts water way.
/0, %
%QC S S Cp ,e
This completed application
form will be accompanied by the following, or it will
NOT be processed.
.tea) Two (2) sets of drawings, on
8'2-X 1:1paper, 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 vertical seawalls
on —man-made bodies of water.
$25.00 for any combination
of the above activities per site. I
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 construction of this type of facility.
X
Si na ure of applicant a ent Date
For Department Use OnlyJ
1,
/ V J O v / i�/ ��•
Person accep 'ng application
Fee & receipt # Approved by Assistant Director
Cost of permit Estimated cost of construction
v C
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TOPS*T FORM 3397 LITHO
DEPARTMENTAL CORRESPONDENCE
SUBJECTI'lr111_S(?. n ri n-ran >naw,T nil , ack fi11
FROM
DATE Tune ?6, 1911
T' t DEP'TP1annin.:', B it iTi4� £t 70nlnr^,
Env'ironrental / /
DEP'T Planning, huildin^_ & Zonin^
LEGAL
TI SP GFiS, ?,GE '1)^, SECT 319 Part of
'Ilov't Lot 1_9 RE 114150, Ramrod I:ey.
Zoning is Gt'.
I'TTOP,pTTCM10 ?:
T'ii , Ipplication is to „e reviewed l)y tha Hoard of County
Commiscionors in accorc'ance Wit'_i Chapter 1q-111(a) (5) of tae
*onroe County Code.
nISCITSSIt) 3:
w
Applicant is applying for an a�=ter-the-fact permit for a
rip -ran seawall and ?>acl.fill alon-, '?files Channel. A 75= foot
seaWall Was co-istructed between !,:Li; and 'tIIW (see photograph 1)
requiring approxinately 50 to 103 c.y. of Oac.fill (.see attaciccl
Eaviron. Ted. r.eForr_).
Photogr.anti 1 shows that the intertidal zone is composed of
'..; ?ioT�ever, ?sec lose of the undulating nature of
barrrin cap-roc
s'zorelines, sorle seagrasses nay Have been impacted as a result of
t.ie seawall. Sole ",-crtll�)byft man^,rovn s T-ay have been removed,
:gut this could not I)(--conF_irmed.� Aerial photographs taken in
'(area, 1975, indicate t11:It any man,^,roves that were present may
have ;jean removed prior to that date.
As a result of this *)rjoect, cone fill was dumped at tie
I of t?ic rip -rap sea�:all in t fir' seaSrass Merl.
Vie 2nclo3ed DE: report describes this project in -reater
detail and should bn_ corx,n?.tec? for adrlitio,ial information.
pprov,.l T-ith t:.ie stipulation t'iat t_le _ill placed in the
se:i7rass 1!c?r' bS' r''^ion Qri,.
1. 7'" r2nort F'_ncTos,',!.
ail,' :.ray Corps n?_r^_its requirel.
J
�L ji
Qw►red guy. 'Part o �' Gor'� for/
�Ikzly �c DCn A1'5
e.
"7 /
Rr myis-�
BOSGRAHAM
GOVERNOR
�f•rt 3701 GOLF LOURSE 60ULEt.IARU �ja•'.-_''--:--'.:� y; -
Li: 3395U FLORIDA!'Uiii':, :;Q?FLORID
JACO(3 U. YARN
... ` i71Y�Ck1ifC �f SECRETARY
S , ATE OF: F 1.{)MDA
DEPARTMENT O ���'�9st'�i�e�IE�`�3�aL REGULATION
l�
�::•,.,;.: .__ SOUTH FLORIDA BRANCH 4FFICL
,r Jun: 3, l�Ll
Roseau. n.n & Rudolph Krua se
Y , Box 3 3 1
S..mmerland Kev, Florida _;3042
Monroe County, File 110. 44-39224-5E,
Rio -Rao Seawall
Dear N?r. & Mrs. Krause:
ks we ad-rised you cn 2-6-L1 you. application is
9: ,, L l i""' �,rsuart to section 253.124 ,
`incc plete wi..hout oca� apgro ra_, p .
Florida Sta tunes, for filling waterwar'd of the existing mean/ -
.'':;.,. ordinary nzgh water line
Please sit the _enclosed copy of our biolo=•ical comrlerts
v-b
together with your permit application to the Board of County
C:,. 1iGstcre_s/City Council or their authorized permitting
authority. Section 253.124, Florida Statutes, states that the
co�rlts cU'z-+ission,/: ity 'rouncil ". . shall have in hand the
(?)j jogical) ,report and findings hereof'." it further states,
" report snail be read into the record and duly considered
at t'?.e samemeeting a{- which the board of county commissioners
or of-Iner authorized body takes final action on the application
for oe��t,i t.
Yap w:i ll need to obtain a copy of. the minutes of the meeting
or az� appropriate indi.cat,' On .a f the local approval. This
lat�Er, resoluticn or cuPy of the minutLA should be sent to
�h s offdce. Your app,.icntion wi1? ramain incomplete without
-aJ_1d 'if you ,have any questions concerning
1--cal aDpr.o�;a1,
phis rocedure, pease aontact us.
Sincerely,
r-
Richarcl W. Cantrell,
Dre.Ige• & Fill Supervisor
�mc :osure
';vb
?U70i,F I,. AUSE
�:� 4-:.+92Z4-5
:lion.r oe: county ''- Ramrod ICey
�;age Two
:0r-the-fac -ge
.Cor a reek and cement seawall .
(wC1S CO:S`_tt1Etf_'-d bE' v,w :"`.'i4�T or, a ,�esl_Gential lot bordering
- z.tt,.iral shoreline. This seawall is approximately 75 feet
j
3ne1 ext.ends vertic 1',�y abotic, tvio feet above MHWd LLneston' e
way; n!ze.ed '7.rl.ba.ck .6 t?1.e '-seawall. In all, 50 to 100 cilhic:
- a:1 pis t.f. =_.11 ;..as depositec. as b:�_Icfill.
b.; ;;l�,c: ;aasylscd to }. i?'t'i'_ c �r_-- b<�uldcrs for. she seak�all: and a,
'.'.:oze ,.,7as prasi!m,qbly used to spread the backFill.
Y_= Li e C) thi&' ��I'�) Gect 1s o �7T _ovate us a, oe.
..L1 ,�[ ;? i r:cL s:i -e is on th''e ,:,,es7rzril shorn._' Iiie (;i Ramrod Key,
iI C 'ter i_i1C; i:i i :�S Channel, , 'whi.ch cc.�nnects the .Atlantic and Gulf in .
_i e ,.ocaer Florida 1(ey.,. `'TI:i7 shoreline has been disturbed
as t dre Agin< 'nc1 f i."tlw_.fT in thEi i�rm�ediate area of the
:icon". S lot. `i'o +the. ',south of this site is U.S. ;r'l and. its
teii construction activit-y. Further to the north, the
;-lesr_iIII f3 I;rocky with offshore tur.tlegrass (Thalassia testudinunm
?zt{ a ns.rrnw in -Land ' ani ',of �,aei_lands c�ofi ,osed primarily of real'
M:3- c)- e (tthi �,r�,hora rr_yn, 1e)
A :) to tizc north of the r>>-oe.'t sit are several commercial fis! zing
t- s amd a small. dick usec?- -Cor boat mooriil4 and offloading.
_._Slhore t•:aLe-rs where the st,4 boats are moored have been dredged
',rI .!_=o - p ermliL. requilrezaents.) to a. depth of 5 to 10 feet. This
tti area, extends the entire'. idth .of the applicant's property,
-he- area•ill 1.rC)T.EL. r I the new seawall.
r.cent to i':ltc x:Ls ing seawall (.north side) are
C' i V :C! rani ,,rove-�: _ `•tiT-i n.:?'' _. %rl :{. LirE� of A is : mangroves (Avlcenni
%!:tti' , t1^let'' ;t_n ,' es lL.? ;I�C.Il�:i_'Lc' raceniosa) , buttonwood
i?r ta) t L" LS (Ba_r1; ii:cli'1? 7_iTia� and gla.sswort (Salicorl,iia
_-,`i ;::1.�iias GeeP, placed somet1lStartce inland.
Un o L her sides of the'` sc::t4aa.11, a small soi t . elf emergent land is
ncoor.'_ .—Ced `?hicMl :,l'.7iJOY`"i "cd inland elevations rice
(old fs 11) in thi: area.
.:a::!t's lot is n4-esently '::lied fro; - the existing sear all
i_S :1Ct]:;c 1, n al area t1hat was fi.iled P.lc?ny years
irhe FL11. Ch i4 wa" TLac.=Cin �riS area is beintcT� cai!te3-
`Qic E'!'� D.E.R.,I8S n0 1Ct1tPo f 1LJ
v!:C, 4 1.;1 i.;ho are! .
i •
R. & RUDOLF KRAUSE 1.
b, -39224 ,5r
Monroe County - Ramrod Kev
Page Three
It is difficult to determine the exact locatJ- ,� or �7_i;rS:�^,_,?
characteristics of the area recently f 111ed ar.d sees?S7C i e.._1 , C3C3T;�' r�>
- as judged from r.:�arbv areas, this shoreline d1spi:-avei
barren, rocky intertidal zone with a div:=,rse and prac;:cr.�=, "_:
below ? t '� �=e population �LW and a scrubby mangrove fringe 7:o.�?*.7ar.i.
The . seaiaall was cons tr. cted b.elow 1MT;T in sore :real and in bet•c: L �-r.
111,W and lflri.l in other areas. During a mid level t:;.ds: , .a's ohserved
during the on -site
i
banspection, approximately r_�o f e*� a% vaast�c,r. covered the base of the rie,,7l,; constru,cte�1 se-awall. Addit_ ora7_L the fill from recent bacicfilling o1 era t-io_ s :.,a� 5i,illeci i,<tc,
offshore waters for another fire fee,- �r`.- 14 -1 f P_- out . !l.' portion of the seawall lam
overia_n �i
a turtle bed, ._
, 7h• cln ���>n ._hues
further out into the offshore dredge area.. 1qixect .n. z:-lth Chi-
turtlegrass are green algaes (Penicillus ,> and
along with anemones (Cond lactic s;i �rit�a sz,on
urcizins . ------ ---- _) ,
Above this submerger_t ve;etatio;-i line encroached upon, a
rock intertidal area capable of supror-i.n�, small red nian-ruvc�s an(,
Bato Nora sp . was filled in . This area -was about� wide, tern feet tiic«,
..although this di scarce may i;ave been variable.
D. The majority of the wetland area filled over was 1-11-M_OC111r.tiz,7t_ ar.0 of minimal value to the a+ fs :cn:e s -LtL B T
y y 0x':en.d-._ng '.:he
beyond MILW, a marine system capable or st pt;orting div; rsif_y cf marine organisms was partially encroached u�lon and destroc.d.
This type of destruction has an impact on the area's foodaOU r ha + n
and water quality, thereby affecting
fishing of the area. s��she commercial and ryti: