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Resolution 012-1980 RESOLUTION NO. 12 - 1980 RESOLUTION REQUESTING WAIVER OF BIOLO- GICAL OR ECOLOGICAL STUDY FROM BOARD OF TRUSTEES OF THE IN~ERNAL IMPROVEMENT TRUST FUND FOR THE COUNTY'S BOOT KEY HARBOR PROJECT IN MARATHON, FLORIDA. WHEREAS, Monroe County has, since 1950, been pursuing the development of the Boot Key Harbor Project located in Marathon, Florida to provide for deepening and widening of a channel from a point in Hawk Channel South of Knight Key to a proposed turning basin approximately 750 feet easterly and west of Boot Key Bridge to provide for the health, safety and welfare of the citizens of Monroe County, its visitors and to provide a safe harbor for marine activities, and WHEREAS, Monroe County has been advised by the Department of the Army, Corps of Engineers that funding for said project is now available such that the construction of the project can be started during the Fiscal Year 1979-1980, and if the same not be so commenced, the funds shall be permanently withdrawn, and WHEREAS, there exists compelling and overriding governmental purpose justification for said Boot Key Project which is urgently needed to provide a safe harbor for the increased marine activities in the area, and WHEREAS, Monroe County has applied for the necessary dredge permtts from the Department of Envirpnmental Regulation (DER File No. 44-20174) and said Department has indicated informally that without consideration of the projects' governmental purpose and need the Department would decline to issue a dredge permit upon a pure biological assessment basis, now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AS FOLLOWS: 1. That there presently exists a compelling and. over- riding County purpose and need for the safe harbor and turning basin which would be established by the project and the Board so declares such an overriding need to exist so that the adverse ecological and biological effects to be occasioned by the APPROVED ON-f -- 3 .'g 0 BOOK ~ ) PAGE DD1 L ~ c..f -2- dredging activities of Monroe County are greatly outweighed by the benefits obtained to the citizens and visitors to Monroe County, Florida. 2. That the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida is hereby requested, pursuant to Florida Statute 253.123 (3) (a), to waive a biological and eco~ogical study and to issue the Board of County Commissioners a dredge permit for the Boot Key Harbor Project. 3. That the Board of County Commissioners hereby commits that should said waiver be obtained that it will take every stringent effort to minimize the adverse environmental and biological impacts that may be occasioned from this project. 4. BE IT FURTHER RESOLVED that the Clerk shall forward a true and correct copy of the foregoing Resolution to the Honorable Robert Graham, Governor of the State of Florida; the Honorable George Firestone, Secretary of State; the Honorable Jim Smith, Attorney General; the Honorable Gerald A. "Jerry" Lewis, Comptroller; the Honorable Bill Gunter, Treasurer; the Honorable Ralph Turlington, Commissioner 9f Education and the Honorable Doyle Conner, Commissioner of Agriculture. RESOLVED in regular meeting at Plantation Key, Monroe County, Florida this 3rd day of Januar~ A.D. 1979. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: MR~" , ~ . ~airman Attest:__) ~,./ ) </ /:>7 / ~,4~4:'~~/ ---...... ,r Clerk I UEiWW CnlTTY that t!\ls d{.'ct!m::>!'lt ~i~S beeli i'e'Jif WU~ for le1d !:;~1n,::::'r.Z:l' c:.11:1 COI!h,!tt :.md that lhe :ii:lltiO mf(?t~ ~';;'~l!t mi approval. ~ JJ,-r~ RICHAftD (i, fl' tl v,:&: Asst. County AU~m~1 1-4-5