Resolution 052-1980rr•
RESOLUTION NO.52 - 1980
RESOLUTION AUTHORIZING COUNTY STAFF TO FILE
PETITION FOR A HEARING PURSUANT TO THE PRO-
VISIONS OF FLORIDA STATUTES SECTION 120.57,
RELATIVE TO BOOT KEY HARBOR PROJECT.
WHEREAS, the Board of County Commissioners of Monroe
County, Florida, has previously requested a permit from the
Department of Environmental Regulation for the Boot Key Harbor
Project, and,
WHEREAS, the Board of County Commissioners has received
a notice of intent to deny said requested application, and
WHEREAS, the County of Monroe is fully and wholeheartedly
in support of said project and has continually supported said
project, now, therefore,
BE IT RESOLVED BY THE BOARD OF OCUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That the Monroe County staff and Legal Department
is hereby directed to take such action as is necessary to
file any and all pleadings and petitions pursuant to Florida
Statutes Section 120.57 requesting that the premit application
be granted and not denied and is hereby authorized to engage
such professional experts as is necesssary in support of said
hearing and to attend said hearing to testify in behalf of
the County.
2. That the County staff and Legal Department is
authorized to travel to Tallahassee as is necessary in
support of said petition.
DATED February 12, 1980.
BOARD OF COUNTY COMMISSIONERS
OF MONROE G TY, RIDA
By
hairman
Attest: ) 17 AA fD
AND #.+ GAL
� Cis
Clerk
(Seal)
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TWIN TOWERS OFFICE BUILDING
2600 BLAIR STONE ROAD
TALLAHASSEE, FLORIDA 32301
BOBGRAHAM
GOVERNOR
JACOB D. VARN
SECRETARY
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
CERTIFIED -RETURN RECEIPT
Monroe County Board of
C&unty Commissioners
Key Nest, Florida 33040
Dear Commissioners:
January 30, 1980
Re: File No. 44-20174, Monroe County Board
of County Commissioners
Enclosed is the intent to deny for your project. In the
event that an administrative hearing is not requested,
the staff will present the application to the Secretary
of the Department with a recommendation for denial. Please
contact me at 904/488-0130 if there are any questions
concerning your file.
Sincerely,
Marvin Collins
Federal Coordinator
Bureau of Permitting
MC/hh
Enclosure
cc: U. S. Army Corps of Engineers, Jacksonville
Mike Nowicki, DER, Punta Gorda
Al Clark, DER, Tallahassee
U. S. Fish £, Wildlife Service, Vero Beach
Florida Audubon Society, Maitland
Lloyd Saunders, Jacksonville
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original typed on 100'//,', recycled palu•r
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BL' PORE Tm: STATE Ol: I' LOR [ DA
DEPART-MENT OI' ENV f ROWIENTAL REGULATION
In the matter of: ) F.i.le No. 44-20174,
Monroe County Board of
Application For Permit ) County Commissioners
T`Ionroe County Board o F
County Commissioners
Key West, Florida 33040
INTENT TO DENY
On flay 7, 1979 an application was received from
the Monroe County .Board of County- Commissioners for a
channel improvement project at Boot Key Harbor. The appli-
cant proposed to enlarge an existing acces.s channel into
and through Boot Key Harbor -from a point in Moser Channel
to the west. New excavated dimensions would be 7,500 ft.
long x 100.ft. wide x -12 ft. MLIV (with.a 2 ft. allowable
overdepth).
This.
channel would
terminate
in a turning
basin.within
the
harbor 200 ft.
x 200 ft.
x-12.ft. MLIV.
Sides of the channel and basin would have a 1:3 vertical:
horizontal slope. Approximately 170,000 cubic yards of
spoil material would be excavated and deposited below MI-IIV
into three deep, tidal borrow pits about 9 to 11 miles
to the west of the project site.
Excavation would be performed with a G cubic yard '
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clamshclI dredge from a floating barge. Spoil would be
deposited) on 400 cubic yard barges and moved to an offshore
transfer facility, to be constructed, where the material
would be transferred from the barge to a pipeline and
pumped into the disposal sites. "['his transfer facility
would be constructed about one mile from. the borrow areas
but was not incorporated into the subject application.
The borrow pits would be backfi.11ed to about -8 ft. NILIV. .
r
About 1/2 acre ol. man0rovcs would be tcmporai ly
removed from the proposed chaiulel slope and placed elsewhere
until completion o'l'thc project at -which time they would
be rcturncd to the original location and replanted.
The Department has jurisdiction under Chapters 253
and 403,.Florida Statutos, and Public Law 92-500 for the,.
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permittinu of a potential pollution source within waters
of the State. The proposed project is located within
portions of the Straits of Florida, Florida Bay,.and Root
Key Harbor'which constitute waters of the State in which
the Department has dredge and fil'1 permitting jurisdiction
pursuant to paragraphs 17-4.28(3) and 17-4.29(1'), Florida
Administrative Code. The applicant was notified by letter
on June 6, 1979 that a dredge and frill permit was required
for..the proposed work.
Field -appraisals of the project site were conducted
by Department staff on August 8 and August 13, 1979.
The area proposed to be dredged supports highly diverse
and productive biological communities including extensive
grassbeds.
Bottom sediments..in
the area are
predominantly
fine silt.
Dense grassbeds were
also found
adjacent to
the channel. The area supports a large number and -Variety
of fishes of commercial and recreational importance.
{
The proposed disposal sites are all approximately 30 ft.
deep. Adjacent areas are relatively shallow and support
highly productive seagrass communities. A large variety
of fishes frequent.the immediate disposal sites.
As proposed, the project would directly eliminate
approximately 22 acres of: productive benthic habitat
including approximately 1.8 acres of grassbeds. These
scagrasses provide protective cover for juvenile fishes.
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and invortebrates and subst.l"Cite fOr an abulldalice Of at.tFlc}led
organISill S. The grassbeds also help to Stabilize bottom
sediments and provide F- ltra.tLon for the water column.
Removal of 1/ 2 acre or mangroves w i.l 1. e.l im i.na to a source
of primary productivity as wO11. as habitat for )uvelllle
• r
fishes and attached orgalllsllls. It is doubtful whether
transplantation o:f the mature mangroves would be successful.
.The use or a clanlshell dredge for excavation maybe
expected.to produce high levels of turbidity which probably
cannot be effectively controlled by silt screens in the
project area. Such turbidity would adversely affect neigh-
boring grassbeds and associated communities by covering
benthic and attached organisms, reducing light penetration,
interfering with respiratory mechanisms, and lowering levels
of dissolved oxygen.
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Existing. communities in the disposal areas would be
destroyed by spoil deposition. Adjacent grassbed communities
would be adversely affected by,turbidity as noted above.
The applicant has not provided affirmative reasonable
assurance, pursuant to Subsection 17-4.23(3), Florida.
Administrative Code, that immediate. and long-term impacts
of the project will •not result in violation of State Water
Quality Standards. The specific standards that will be
affected include the following:
Turbidity - shall not exceed fifty (50) Jackson
Units'above natural background as related to a
standard candle turbid.imeter.
Transparency - the depth of the compensation point
for photosynthetic activity shall not be reduced
by more than 100 compared to the natural background
value:
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Biological into„1i.ty - the Shannon -Weaver diversity
index of bellthl.c macrolnvertebrates shal'1 not be
reduced to less than 75 of established background
loveis as mca.surcd using organlslils retained by a
U.S. Standard No. 30 scivc_ and, in predominantly
t
Fresh waters, collected and composited from a minimum
of.thrce 11cster-Dandy type artificial substrate
~ samplers of 0.10 to 0.15 m2 area.cach incubated for
a period of four weeks, and in predominantly marine
waters, collected and composi.ted from a minimum of
three natural substrate samples, taken with Ponar
type samplers with minimum sampling area of 2.25
Square centimeters.
Biological surveys and ecological studies performed
by this Department pursuant to Subsection 253.12.3(2),
Florida Statutes, have shown that the propmused dredging
will interfere with the conservation 'of fish, marine and
wildlife or other natural resources, to such an extent
as to be contrary to the public interest, and will result
in the destruction of oyster beds, clam beds, or marine
productivity, including, but not limited to, destruction.
of natural marine habitats, grass Flats suitable as nursery
or feeding grounds for marine life, and established marine
soils suitable .for producing plant growth of a type useful
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as nursery of feeding grounds for marine life or natural
shoreline processes to such an extent as to be contrary
to the public interests.
This intent to deny sha17 be placed before the Secretary
:for final action,.. unless an appropriate petition for a
hearing pursuant to the provisions of Section 120.57,
Florida Statutes, is fi;l.ed within fourteen (1.4) d•ays From
receipt of this letter. The petition must comply with the
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requircrrents of Soctioli 2S-5.15,.FIori.da Administrative
Code; (coley attached) , anti be Fi.1.cd with the . Secretary o F
the Department o F 1;1W LT'o11111b11ta.1. Rcgula.t i.on at 2-600 -Blair
Stone Road, Ta.l.lahassec, Florida 3230.1.. Pe'ti.ti.ons which
arc not Filed in accordance. with the above. provisions
will not be accepted by the iepartment. At such formal-
hearing all parti`cs shall hay.e an opportunity to respond -,-
to present evidence and argument on .all .issues involved,
to conduct cross .exami.mition and .submit rebuttal evidence,
to submit proposed findings of facts and order, to file
exceptions to any order or hearing. officer's recommended
order, and to be represented by counsel.
Executed this ; Q day of January, 198.0 in
Tallahas.see., Florida..
STATE OF FLORIDA� DEPARTMENT
OF ENVIRONMENTAL REGULATION:
P
Suza ne P. IValker, Chief
Bure of Pernii.tting
Twin Towers Of-fice'Building
2600 Blair Stone'Road
Tallahassee, Florida 32301
Copies furnished to.:
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U.S. Army Corps o. Engineers, Jacksonville
Hike Nowicki, DER, Punta Gorda
Al Clark; DER, Tallahassee
U.S. Fish & IVildlife.Service, Vero Beach
Florida Audubon Society, Maitland
Lloyd Saunders, Jacksonville
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RULES OF THE ADMINISTRATION COMMISSION
MODEL RULES OF PROCEDURE
CHAPTER 28-5
DECISIONS DETERMINING SUBSTANTIAL INTERESTS
28-5.15 Requests for Formal and Informal Proceedings
(1) Requests for proceedings shall be made by petition to the agency
1involved. Each petition shall be printed, typewritten or otherwise
`duplicated in legible form on white paper of standard legal size.
Unless printed, the impression shall be on one side of the paper
only and lines shall be double spaced and indented.
(2) All petitions filed under these rules should contain:
(a) The name and address of each agency affected.and each agency's
file or identification number, if known;
(b) The name and address of the petitioner or petitioners;
(c) All disputed issues of material fact. If there are none,
the petition must so indicate,
(d) A concise statement of the ultimate fags alleged, and the
rules, regulations and constitutional provisions which entitle
the petitioner to relief;
(e) A statement summarizing any informal action taken to resolve
the issues, and the results of that action;
(f) A demand for the relief to which the petitioner deems himself
entitled; and
(g) Such other information which the petitioner contends is material.
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Boii GRAHAM
GOVERNOR
STATE OF FLORIDA
(Offire of 11�e 05oberittir
THE CAPITOL
TALLAHASSEE 32301
r
January 29, 1980
HonorabPe Ralph W. White
Clerk --f_ the Circuit Court
500 Whitehead Street
Key West, Florida 33040
Dear Mr. White:
Ib
Governor Graham has asked that I respond to your
letter and Resolution No. 12-1980, concerning
the Boot Key Harbor Project.
In checking with the Department of Environmental
Regulation, we have been advised that the staff
will recommend the pending application be denied.
This recommendation is based primarily on the direct
destruction of approximately 18 acres of grassbeds
and adverse effects on adjacent areas due to
turbidity generated by the dredging process.
Your interest in this matter is appreciated and
if we may be of further assistance, please do
not hesitate to contact us.
Sincerely,
Jere Moore, Jr.
Special Assistant for
Cabinet Affairs
JM/pr
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An Affirmative Action; Equal Opportunity Employer
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