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Resolution 304-1981 RESOLUTION NO. 304 -1981 WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF t10NROE COUNTY, FLORIDA, has received an application from DONALD & EMILY LOWE , and WHEREAS, in compliance with State Statute, it is necessary as part of the permitting procedure to read the following Biologist Assessment into the Record, as follows: The applicant proposes the construction of 551 x 5' dock with a 71 x 6' recreation platform. This dock would extend from the shorleine in a south- erly direction out ot the edge of an offshore peripheral channel. Also proposed is the placement of 30 cubic yards of riprap and 40 cubic yards of limerock backfill to extend and stabilize the present shoreline down to MHW. The riprap will be trucked to the site and will be spread from the upland by dozer and manual labor. The dock pilings will be augered by hand. Bottom- less steel drums will be utilized for turbidity containment while pilings are drilled and set in place. The fill dimensions are 80 feet long (width of lot by 5 feet wide (distance from eroded shoreline to MHW). The dock decking will be three feet above MHW. The dock will be used for boating, swimming and fishing. The applicant's property is situated on the western shoreline of Cudjoe Bay, a moderately shallow expanse of water bordering the southern perimeter of Cudjoe Key. Most of the present residential development on Cudjoe Bay is located to the east, while the northern shoreline remains primarily undeveloped. There exists a perimeter channel around most of Cudjoe Bay, although on the western side, in the vicinity of the applicant's property, this channel is discontinuous, stopping abruptly and recontinuing some distance away. Offshore water of Cudjoe Bay support extensive seagrass and hard bottom algae communities and water quality is excellent throughout. The undeveloped shore- line of Cudjoe Bay display a mangrove fringe, though, because of shallow sedi- ments, this fringe is not as dense or extensive as many other in the Florida Keys. It is probable that much of the spoil excavated from the immediate offshore peripheral channel was used to elevate inshore residential lots at one time. The peripheral channel to which the applicant wishes to gain access follows the existing shoreline around to the north, before deadending at a fill spit which extends waterward from Sawyer Drive and which separates an existing dead-end canal and its associated access channel from the discontinued peripheral channel. The water depth between the peripheral channel and the canal access channel is one foot or less at MLW, as is most of the water outside of the peripheral channel limits, although depths may, in certain spots, go as low as -1~ feet MLW. The applicants's lot is presently undeveloped, as are all other lots along this shoreline with the exception of a house constructed several lots to the south. Starting inland and working waterward, uplands dominate nearly 90% of this lot, with bay cedar (Suriana maritima), sea grape (Cocoloba uvifera) and various upland grasses dominating the waterward limit of the upland. From here, elevations decrease gradually to the eroded shoreline ridge and sea daisy (Borrichia sp.), buttonwood (Conocar us erecta), batis (Batis maritima) and beach carpet (Philoxerus vermicularis dominate. DONALD & EMILY LOWE SH1ALL Page 3 The shoreline, from this point (where on obvious wrack line occurs) down to MHW, reflects a relatively hard and compacted limestone/marl substrate with overlying oolite rubble. This oolite layer becomes more prominent within the actual intertidal zone, where small grazing gastropods (Nerita sp. and Certithidea sp.) were abundant. Within the intertidal strip and in smaller number farther offshore, red and black mangroves (Rhizophora mangle and Avicennia germinans, respectively) have become extablished. Most of these individuals are seedlings less than two feet in height, however, one or two trees have reached a considerable height and density. The trees and their associated penuemataphores provide substrate for numberous microbial, larvae, and algal species, particularly outside of the intertidal zone. Further offshore, in the vicinity of the proposed dock, the bottom is well covered by a climax growth of turtlegrass. This turrlegarss was also ob- served in the peripheral channel as far down as could be observed. No appreciable impact is anticipated form the filling of the applicant1s shore- line, due to its present state of relative nonproductivity. By placing rip- rap as proposed, very little habitat or water filtering components will be lost. Though a small amount of shoreline mangroves may be lost, it appears to be the intent of the applicant to retain the intertidal mangroves here. A more serious problem may exist with the waterward placement of the proposed dock. An imaginary line extending waterward from the lot 43/44 property line, comes close to intersecting the dock as it is now proposed. If even a small boat is moored here, this imaginary line will intersect the boat thereby in- fringing upon the riparian rights of the adjacent land owner. (lot 44). The only other impact of reasonable concern here is possible prop dredging avoer adjacent shallow flats due to the lack of deep water access in the area. This could, however, be avoided by using only a small boat at high tides. 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 ot Florida Statute 253.124 by the Board of County Commissioners of Monroe County, Florida, this 19th day of October , 19 81 at a regularly scheduled meeting. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~~y~ ~1~ ( Sea 1) Attest:/~, . ~ i / / ' ~~L/,. _,> ~.. . C erk NMCWEDM TO FORM ~ ~ BY , -::-:-~ I~ _. ~.~,~. r--"--. - ~ '--. .~r-F~---=- '\Jo -, ' : ~;,J ~ . ,To " "/W"", Ii -~V __, <II .;.......i ~$~J;.t;,t~lt~}.", ~~~~',~~~. ~~v~:6'~q~~~E (305) 294.4641 OFF Henry}'. weinkam, Director Building, Planning & Zonin? BOARD OF. COUNTY COMMISSIC, ,_ _ Wilhelmi'i'l.a Harvey, District 1 Curt Blair, Distric't 2 Mayor Protem Jerry Hernandez. Jr" District 3 MA YOR George E. Dolezal, District 4 Ken Sorensen, District 5 P.O.BOX Room 205 Wing II Public Service Building Stock Island, Florida 33040 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: Certificate of Co~plete Enclosures V- I. Resolution / 2. Permit / 3. Application for Permit ~ 4. Site Plan V 5. Location Map d t/ 6. County Biologist Report v 7. DER Assessment BY 472. C7~d-' DATE /t? - f-3/ COUNTY Am trr~l~.~' -e fE'."~"'- ~~tFj I.' T'--.'..;_':" l,'.~ ~ .. ~~" ., . ~. .' . , ~ I.~' .. Pu\~i~I~G, BUILDI~G & ZONING DEPARL1ENT PEmUT FOR EXCAVATImJ, THE DEPOSIT OF FILL, OR STRUCTU~\L ACTIVITIES IN THE WATERS OR HETLA1JDS OF HONROE COUNTY 1) Property ow~ers name & mailing address 2) Date FOR DEPARL1ENT USE ONLY .. MON~CE COUNTY PERi-HT NO. Donald & Emily Lowe 3000 Newcastle Ann Arbor, Michigan 48104 Resolution No. 3) Phone number ( 313) 971-7385 Date: 4) Contra~tor or agent's name, mailing address & phone number KeyCology, Inc. 414 Simonton Street Key West, Florida 33040 5) Legal description of property: (305) 294-8719 Section 32 Key Cudj oe SubdivisionCudjoe Gardens 2nd Addition TO\...~ship 66S 26E Lot 43 Block 3 Range Street, road or mile marker Sawyer Drive Volume of material: dredged/excavated filled/ deposited c.y. watenJard of M.H.tv. c.y. land,.,rard of ~L H. H. c.~?-ckfill 4g.y~iprap 30c.y. waterward landward of M.H.W. of M.H.W. ZONING: PURPOSE: RU-l Cost of Pemit Estimated cost of Construction Approved by Chairman BOARD ,OF COm:TY Cmr-lISSIOf-:ERS OF ~10NROE COT.;~r{, FLORIDA Biologist Comments - Restcictions or Special Conditions if any: Approval with the use of filter fabric between the rip-rap boulders. CODV in File D:1te Euil!_:ir.~}; O:::Ci2_l PLA~NPH~, DUILDI~H-; & ZO:n~l\' DEP^RT~fF.N" PF.RHIT APPLL;ATIO~ ~OR Exr^VATIO~, THE nEPOSIT OF FILL, ;TRUCTURAL ACT I VI TIES I:l THE i~ A TE!{S 0 R HET"i:ANi) OF HON RO E COUNTY @ 2) Da t e 3) Phone number MONROII::' -COUNTY 1) Property owners name & ~nilinr address Jonald S. and Enily 8. Lo~e 3000 [~e\'Jcastl e i'\nn Jkbor, flic;,igan 43104 i1a rch 1J, 1981 (313) 971-7335 4) Contractor or ar-ent's name, mnilinp, address, phone & certification number. KeyCology, Incorporated 414 Sinonton Street Key tJest, Florida 33040 (30:>) 2J4-3719 5) Le~al descri~tion of property: Section, 32 Kev Cudjoe . , Cudjoe Gardens Subdivision 2nd Addition , (if GG 26 acreap,e) (2(/- , Lot, 43 Block, 3 TOHnship, Ran~e, Street, road or mile marker, Zoninr., Sa~/yer Dri ve 6) Describe the proposed activity, methods of constru::tion I:. amount of material (in cubic yarrls), to he excavated or dischnr~erl. ~scribe purpose I:. intended useof project. Placement of 30 cubic yards rip-rap boulders, with 48 cubic yards limerock backfill; and 40' X G1 boating, swimming and fishing dock. Rip-rap will be trucked to site and spread from upland via dozer and manual labor. Dock pilings will be augered by hand. Bottomless steel drums will be utilized as silt snields while pilings are drilled and set in place. d Ted p, e dIe x c a vat e cl f ill e d I R. . 30 ,lp-rap . o c.y.Backfill 4Q.v. Ha~Mr'f~~rl lanA wa~a r ' .t .,1. Or r1.l1.H. owners whose prop~rty affronts volume of material: 7) Name, ,<I a t e r o c.". J c.y. '<le~ e T1lnrrll aud wa rd o t II. tl: f~ . ~ 0 f 'f. II . H . address & zip code of adjoining property ~.,ay . 42. Rosina F. Campbell 16 Lathai Lane r~oan k, CT 06340 44. Clinton and, nary Lou Shirtz 315 S.~J. GIst Terrace t1a rga te, FL 330G8 8 a) List other permits i5sued and/or applied for, include applicant's thi" site iliA name, fo; b) If application has been suhmitted for this project (or one similar) in the past, explain reason for new application and give applicant's name if different from current applicant. fUA ~~ ) and State ar.encies State of Florida; DER Corps of En~ineers This completed npplic~tion form witt be AccompAnied by the following, or it will NOT Be processed. a) Two (2) sets of dr~wings, on 8\ x tl p~per, showing toc~tion, plot plan, top view and cross section of proposal, drawn to scale. b) Applic"tion processing fee as follows:! $25.00 for dredge, fill, docks OR any structures affronting natural water bodies. $10.00 for vertic~l seawalls on man-made bodies of wnter. $25.00 for any combination of the above activities per qite. List all Fec1eral project. that have received applications for this For nepartnent Use Onlv/ Application is hereby made for 8 permit to ~uthorize 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 & ~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 with whether s?ecifled 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 regulat! ng cons truction or performance of cons truc tian of this jYpe of foci 11 ty.. '/..(~j~y... Y B.~ ;~J j Si~natllr(l of appllc.antla~ent: Date) .. .... Donald S. and Enily 8. Lowe ots'HJ 3'1()7~1 Fce & receipt 1, Approved by ASglt. Director ~ fjPl?1 Person acceptfnp,'applicntion .400 ~-rz:/ ~zz.I . J'.:"'~>:"'~!/ /.' . ., G /w -1f''7t;f~-e,,~4ZC-{r:/r tz./r-t"'/ ;4'1/'''''- 0()-L~ ' . '" __m 6 <} 3~- ~OAt:, of I I i permit E~1timateu coat ot construct:1un .' BOAl'lD OF COUNTY COMMISSIONERS Wilhelmina Harvey, District 1 .Curt Blair, District 2 Mayor Protem Jerry Hernandez, Jr., District 3 MA YOR George E. Dolezal, District 4 Ken Sorensen, District 5 (-....-.- OFFII Kristina Neblett, Zoning Aide (305) 2944641 P,O, BOX Room 216 Wina L Public Service Buildinc . Stock Island, Florida ..-'~ r . 33 0 4 0 . ~ . ....~ "to .1- o~_<tI::: " August 7, 1981 KeyCology, Inc. 414 Simonton Street Key West, Florida 33040 Re: Donald and Emily Lowe, dock and seawall Dear Mr. Kephart: Following up on our telephone conversation of today concerning the referenced proposed dock and rip-rap seawall, please inform your client of the following: 1) Construction of the seawall may be permitted at any time, since this type of construction is to protect your property from erosion. 2) Pursuant to Section 19-132.1 of the Monroe County Code which states no accessory building or structure of any kind shall be constructed on any property in the unin- corporated areas of Monroe County until and unless there is first constructed the principal building on the pro- perty. Therefore, the proposed dock, which meets with the approval of the County Environmental Biologist, Mr. Robert Dennis (with the stipulations that the boat and dock do not frinqe on the rights of the adjacent property owner and that the boat be docked in -3 feet minimum MLW) can not be permitted at this time. We realize that building the residence first may cause a hard- ship constructing the dock, but we must work within our Ordinance. Therefore this department suggests you submit plans for the princi- pal structure and the accessory structure at the same time. When all plans are approved and a permit is pulled we will allow you to start construction en the dock prior to starting construction on the principal building. ,. . . ..- Lynn Kephart KeyColoqy He: Donald and Emily LO~.,re, dock and seawall Pa<;e 2 This method of handli.ng the situation is our only recourse, \-lhereby you have been permitted the approval of the principal and accessory structure on the saMe permit and you commence working within 30 days of the date of issuance. Xk:~ Kristina Neblett Zonina Aide KN~rnmp .SeAL E.. r o JjJ ~ ,I t:l '"." s -Alliil-1Q4jj""r-' ~~'--'~ i r-- i .~ lllta, 1 I~~, . KeyCologg, Inc. . t J JDO I ~()O . t ., ~ ~ I 1 , , . 1 1 'l . -.1. ~/ . .-- ,..... ,-.,P ,/. /,/ .yt -<?J :~' a PU OSE: Stabilize Shoreline and proviae Deep-Water Access DATUM Mean Sea Level ADJACENT PROPERTY OWNERS: I -2 00 <}/) l/.) I -;2. PROPOSED RECREATIONAL DOCK ^ND RIP-RAP I -j,. IN: Cudjoe Bay AT: Cudjoe Key COUNTY OF: Monroe STATE OF Florida , } . ! ' ; 42. Rosina F. Campbell 44. Cl i nton/t1ary Lou Shi rtz b Mani:o~~ . ~, [' f t ~. f r I i ~. I" 4 f u dJp e Bay L' ....::=:-:>~ E.E..T I:>A' E. : 11'1' . '.;:.' .. J~ ~__i~ ..L 0 F= .2. ::> --iO- 01. 'y"IC I N I TV IV'AP U.s.&.S. ~ ,U..445 APPL\CA~-rS = :DONALD ~ Ef't'\\L-Y I LoW E.. t ..-.:i( .~ .-..:-\. ~ - 0, TOPS ..... FORM 3397 L.ITMQ IN U. DEPARTMENTAL CORRESPONDENCe. DATE October 9, 1981 SUBJECT Lowe. D.. Seawall To F. Weinkam Director DEP'T Buildinq, Planninq and Zoninq FROM Robert Dennis DEP'T Planninq and Zoninq LEGAL Township 66 S, Range 26 E, Section 32, Cudjoe Gardens, 2nd Addition, Lot 43, Block 3, Cudjoe Key. Zoned RU-1. INTRODUCTION 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 Applicant proposes to place approxiamtely 30c.y. of backfill along ,the MHW line of Cudjoe Bay. The length of the seawall is 80 ft. ' A dock is also proposed, but cannot be permitted at this time (see letter dated August 7, 1981 from Ms. Kristina Neblett). . The attached Department of Environmental Regulation report discusses this project in greater detail and should be read for additional information. EVALUATION No adverse or long-term environmental impacts are expected as a result of this project. RE COM~1EN OAT I ON Approval with the use of filter fabric between the rip-rap boulders. NOTES DERandArmy Corps permits also required. 1" -~;:: / / ~"I-_""",";;: , /<,!:-~'-,:1,. " I~~~~:i\ (~ ~,' Ii:! __~,' \ I at"---- ..--;0 ,. -: '\ ~ " !~~-~~~) ''''~/ STATE OF FLORIDA , BOB GRAHAM GOVERNOR 3201 GOLF COURSE BOULEV ARO PUNTA GaRDA, FLORIDA 33950 DEPARTMENT OF ENVIRONMENTAL REGULATION SOUTH FLORIDA BRANCH OFFICE July 20, 1981 Mr. & Mrs. Donald Lowe % Keycology, Inc. 414 Simonton Street Key West, Florida 33040 Re: Monroe County - File No. 44-41658-5E, Riprap seawall and dock Dear Mr. & Mrs. Lowe: Is we advised you on April 10, 1981 , your application is i~complete without local approval, pursuar.t to Section 253.124, Florida Statutes, for filling waterward of ~~e existing mean/ ordinary high water line. Please submit the enclosed copy of our biological comme~ts toge~~er with your permit application to the Boa=d of County Commissioners/City Councilor their autborized pe~itti~g authority. Section 253.124, Florida Statutes, states ~~at 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 ~o obtain a copy of the minutes of the meeting or ~~ 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 concer~ing ~~s procedure, please contact us. Si:lcerely, TAK/ds Er:clcsure c4it<jf ,1, ~a1L)r Teryl A. Kranzer Environmental Specialist ~~~ ?a~ 17-l.~22(50) " ".-- 1..13--(5, l ... _.,Q ....;...~J. "'" <'J#'.IS~ Jut 1 :5 \981 DEPARTMENT OF ENVIRONMENTAL REGULATION PERMIT APPLICATION APPRAISAL "'"_c _---- CtJl ~O, FlA. DISTRICT UWiCH OFr.:~ -,.:a.. -....-. File No.:44-41658-5E County: Honroe Date: 7/l/8l AE:ml icant Name: Donald and Emily Lowe 3000 Newcastle, Ann Arbor, MI 48104 Address: Agent (if applicable): KeyCology. Inc. Address: I,ll, Si mO!1 ton St, . Key Wes t, FL 33040 Location of project: Section(s) 3L Township 66 Range L6 Section(s) Township Range Local Reference: Sawyer Drive Water Body: Cudjoe Bay Water Classification of Project Area: III Adjacent Waters: III Aquatic Preserve: Outstanding Florida Waters: Nrlt';()nrll Kpy Dppr RpfllEP On site inspection by: 10nl'] A - 1c1eyer Date of Inspection: 4/2L/81 Original Application: Yes Noll Revised Application: Yesl1_No Date: 6 /23/81 Date of 2nd Insp. N/A Biological and Water Quality Assessment A. Description of proposed project and construction techniques. Quantify area of project which extends into waters of the state (including the submerged lands of those waters and the transi- tional zone of the submerged land) as defined in Section 17-4.02 and Section 17-4.28, Florida Administrative Code, B. Biophysical features of general area. Include comments concerning extent of development of adjoining properties as well as relevant historical facts about the area, c. Biophysical features of specific project site and spoil site if applicable. Include identification of bottom types and any r~lcvant historical facts about the ared of the project. D. Potential lmpact of project on biological resources and water cJuaIity. Address long-term impact as well as immediate impact for a 11 tl S P (' c t S 0 f the pro j e ct. r::. SU'l' lL'st ions I where appropr ia te I for modi fica t ions thd t ma y reduce OJ ::li~~irr;izc the potential impact of project. I'~:;:'" Il -10(Re\',G/79) LOIoJE. DONALD & EHILY ft44-4l658-5E Monroe County - Cudjoe.Key Page T\vo A. Applicant proposes the construction of a 55' x 5' dock with a 7' x 6' recreation platform. This dock \vould extend from the shoreline in a southerly direction out to the edge of an off- shore peripheral channel. Also proposed is the placement of 3'0 cubic yards of riprap and 40 cubic yards of limerock backfill to extend and stabilize the present shoreline down to MffiJ. The riprap will be trucked to the site and will be spread from.the upland by dozer and manual labor. The dock pilings will be augered by ha~d. Bott~mles~ ~tee1 drums.will be utilized for turbidity conta~nment wh~le p~l~ngs are drllled and set in place. The fill dimensions are 80 feet long (width of lot) by 5 feet wide (distance fror.1 eroded shoreline to MHH). The dock decking will be three feet above MEW. The dock will be used for boating, swimming and fishing. B. The applicant. s properLY ~SS1.Lua'Cea on th, wes'Ce.cn>ncrenllL: _ Cudjoe Bay, a moderately shallow expanse of water bordering. the__ southern pe!'imeter of Cudjoc Key. Bost of the present residenti.:11 devplopment on Cudjoe Bay is located to the. east, while the northern shoreline remains primarily undeveloped. There exists n perimeter channel around most of Cudjoe Bay. alth()T,l. on the western side, 1n the vicinity of the applicant's proper:y, this channel is discontinuous. stopping abruptly and recontinuing some distance awny, Offshore waters of Cudjoe Bay support extensive seagrass and h~rri bottom aleae commur:ities and 'vater quality is excellent through- out. The undeveloped shoreline of Cudjoe Bay display a m~ngrove fringe, thou~h. because of shallow sediments, this frin~e lC not as dense or extensive as many others in the Florida Keys. It i::; probab Ie then rrl1.1C h of tne spoi I exc,:l\:<.l t ed from the immed i.l te offshore peripheral channel was used to elevC1te inshore residen- t:i.'d Jots at one timl'. The peri~)her.:11 channel to which the Dpplicant \vishes tll ~',;li:l access follov..'s the cxistin~ shorelir:(' arot:ncl t<..' the north, before o(':.<lenoing at a fill spit which extends \'::-ltl:n\~,qrd fron Sah'yer D!-ivc and Hhicn SC;12L1tcs an existir:' Jca~ end canal an.] it~ associated access channel from the discor:- : :nued rHripher('1l C'han'1~l. The v..'atc"l" dCf-'th ben;een the Derirh(';~'l] (},annel af'd the cO:lnZ11 .'lCCCSS ch.:1rmel is one foot or less elt 'rL:. .'is is f:l0St O!C the h:ltL':- outside of the peri)Jheral cn.Jnnel l:n:its. :dt:lO'.Jgh de;)ths in:J)l, in certnin sI'ots,~;o as 1m.., c~~~ -It [cet :!UJ. I. t . .... . ~.-.!i ~~~;;P!"'~f.B~~~~~~~~;~~'~~~~:~ #4.-4165B-5E !'tOTIr-oe Co',m ty - Cudj oe Key Page Three Tl;c ap?lic2nt's lot is presently undevelopec, as are all other lacs along ~h~s shoreline with the exception of a house constructed several lots to the south. C. Starting inland and working waterward, uplands domi~ate nearly 90% of this lot, with bay cedar (Suriana maritima). sea grape (Cecolobauvifera) and various upland grasses dominating the water,vard limit of the upland, From here, elevations decrease gradually to the eroded shoreline ridge and sea daisy (Borrichia sp.), buttOTI\JOod (Conocarpus ere_eta), batis (Batis mari tima) and beach carpet (Philoxerus vermicul~ris) dominate. The shoreline, from this point (~.-Jhere an obvious wrack line occurs) down to }llilV, reflects a relatively hard and compacted limestone/marl substrate with overlying oolite rubble, This oolite layer becomes more prominent within the actual intertidal zone, where small grazing gastropods (Nerita sp. and CerithideCl sp.) were abundant, Within the intertidal strip and in smaller numbers farther off- shore, red and black mangroves (Rhizophora mangle and Avicennia gcrrninans, respectively) have become established. Most of these individuals are seedlings less than two feet in height, however, one or two trees have reached a considerable height and density. These trees and their associated penuemataphores provide sub- strate for numerous microbial, larvae, and algal species, particularly outside of the intertidal zone. Further offshore, in the vicinitv of the proposed dock, the bottom is ,veil covered by D c]imax gro\vth of turtlegrass. This turtle- ~~rass \.!as also observed in the peripheral channel as far. down as could be observed. .I I), ~;Cl appreci2blc impact ~s anticipated from t~e filling of the 'applicant's shoreline. due to it~ present state of relative non- productivity. By pl~cing riprap as proposed, very little habitat or ,vater filterinf; com?,onellts \.'i 11 be lost, Though a small amount of shoreline man;roves-rn3Y b~ lost, it 2?pearS to be the intent of the applicant to retajn the intertidal mangroves here. A more serious pr()ble~ may exist ~ith the waterward placement of ti:\2 proposed dock. ;\n i.r.lagina:.-y 1 ine extend. i :-.g wa tenJard from the lot 43/44 property line, CO:l1es close to ir.tersectinf: tl~e dock as it is now propo~ed. If even a small boar is moored here. this i rn d. is i n a r y 1 in e \,1 i 11 in t c r s e c t t l- c b 0 <3 t the r e by in i r in gin g , J:> 0 Ii thp riparian rights of the adjacent land owner (lot 44), ...~ ,. ~..~~-=V~~~rT'..,fI!f:~~.",,,,,_,~_~~_~~o.:_r..r.~M~~~~~"<-~A.'~-4<!/!..~~..~::\"~.".. ..~J:'''.-'.'' 1..~t'":~"""'P . .. ,~...~.......,~~~""'~_"""j'.'Y!:''''"' .. . - LO~"E, DO:t\LD & S'1I LY . , 144-41658-5E Monroe County - Cudjoe Key Page Four The only other impact. of reasonable concern here is possible pro!) dredging over adjacent shallow flats due to the lack of deep water access in the area. This could, however, be avoided by using only a small boat at high tides, -~ J