Resolution 006-1981RESOLUTION NO. 6 -1981
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
has received an application from JERRY RICHMOND, 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 to construct a 45 ft. long by 15 ft. wide by
-5 ft. deep commercial boat slip on unnamed artificial canal in Tavernier
Creek area. Construction of said slip will involve the excavation of
approximately 150 cu. yds. of Key Largo oolite with shallow limerock fill
surface layer, using a standard backhoe. Applicant proposes to spread
spoil material over own upland lot with method of retention unspecified.
Boat slip walls will be fitted with concrete cap but will otherwise remain
unstabilized. Turbidity screens will be used during construction activities.
Proposed boat slip lies in southwestern area of owner's property.
It is surrounded on three sides by owner's property and the waterward or
southern boundary consists of unnamed artificial canal bordered primarily
by single family residences. The remainder of applicant's property consists
of two large (100 x 180 ft.) boat storage buildings (with a third proposed;
see figure attached) and associated boat basin and marina facilities.
Personal conversation with applicant/owner revealed that proposed slip
will serve to relieve marina's presently congested boat launching and retrieving
facilities. This is especially necessary due to proposed additional boat
storage building and hence expansion of marina facilities. Owner's facility
is one of two large commercial marina facilities in Tavernier Creek area.
Unnamed canal on project's southern boundary is approximately 2,500 ft.
long by 50 ft. wide by 8+ ft. deep. It contains a dogleg (around applicant's
property), deadends towards southwest, connects with Tavernier Creek which
provides access to either Florida Bay or the Atlantic Ocean and is bordered
predominantly by single family residences (many of which possess private boat
mooring facilities). Personal conversation with owner of marina revealed
said canal has been in existence at least ten years.
Proposed project area is largely scarified and disturbed with evidence
of previous limerock fill deposition. Only remaining terrestrial vegetation,
other than secondary growth of upland grasses and bushes, is shoreline fringe
growth of primarily upland floral species such as Brazilian pepper (Schinus
nolle), Australian pine (Casurina equisetifolia) and wild tamarind (Lysiloma
latisilique) trees. Predominant substrate is Key Largo oolite with shallow
(3 in.) overlayer of disturbed limerock fill material.
Existing shoreline is abrupt consisting of unstabilized limerock walls
of said unnamed canal. Canal water quality in proposed project area is good
with little circulation and approximate 6 ft. depth visibility. Submergent
flora consists of several species of green and brown algae (Penicillus spp,
Halimeda spp and Acetabularia spp) growing primarily along upper surface of
canal walls. Mobile marine fauna observed included several species of snapper
(Lutjanus spp), Mojarras (Gereidae spp) and an isolated juvenile barrucuda
(Sphyraena barricuda).
The direct impact of proposed project would result from the removal of
approximately 150 cu. yds. of previously disturbed limerock from the south-
western boundary of owner/applicant's property for the construction of said
boat slip. It may be expected that such a slip area would eventually become
a detrital trap in existing unnamed canal. However, it is suggested that
in this case any such effects would be minimal due to the proposed longi-
tudinal orientation of said boat slip with respect to canal.
Page 1 of 2
JERRY RICHMOND
RESOLUTION NO. -1981
Increased runoff due to the proposed loss of shoreline vegetation
would also be minimal due both to the small amount of vegetation to be
removed and the proposed concrete cap to be constructed on boat slip walls.
This concrete capping procedure should also facilitate spoil retention
which presents no substantial problem due to amount of area available
for the proposed spreading of spoil material.
Long term impacts would lie primarily in the area of water quality con-
cerns associated with hydrocarbon emissions from boat operation and
maintenance procedures. Since this canal is presently utilized primarily
as a conduit for boat access to and from adjacent waters and that the
distance via canal to Tavernier Creek access is relatively short (approx-
imately 1,000 ft.), it would seem that with proper boat maintenance pro-
cedures any such additional discharges could be sufficiently controlled
to maintain proper water quality standards.
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 to Florida Statute 253.124 by the Board of
County Commissioners of Monroe County, Florida, this 13t)day of
January 19 81 at a regularly scheduled meeting.
(Seal)
Attest:
Clerk
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
B
y
Mayor
r
Page 2 of 2
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
BY._...
"
BOARD OF COUNTY COMMISSIONERS
RICHARD A. KERR, District 1
CURT BLAIR, District 2
JERRY HERNANDEZ, JR., District 3
GEORGE E. DOLEZAL, District 4
DON SCHLOESSER, District 5
OUNTY JFLORIDA33040
MONROE
KEY WEST,
(305) 294-4641
Monroe County Legal Department
Key West, Florida 33040
OFFICE OF:
Planning & Zoning Dept,
Public Service Center
Key West, F1 33040
I, the undersigned, do hereby attest that all data 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
5. Location Map
6. County Biologist Report
7. DER Assessment
8. Resolution I,-,'
DATE I1�- -3
BYG--T G� .
Administrative Secretary
i
K arY
el
Fig-
PLANNING, BUILDING & ZONING DEPARTMENT PERMIT
MONROE _ PERMIT FOR EXCAVATION, THE DEPOSIT OF NO.
COUNTY \, / FILL, OR STRUCTURAL ACTIVITIES IN THE
WATERS OR WETLANDS OF MONROE COUNTY
1)
Property owners name & mailing address
2) Date
FOR DEPARTMENT USE ONLY
Jerry Richmond
Resolution No.
P.O. Box 783
3) Phone number
Tavernier, F1 33070
(305)
Date:
852-9666
4)
Contractor or agent's name, mailing address & phone number
i
Upper Keys Marine Construction
P.O. Box 18 AAA
Key Lar o F1 33070 (305) #451-3522
5)
Legal description of property:
Section 33 Key Plantation Subdivision Tavernier Creek
Township 62 Lot Block
Range 38 Street, road or mile marker US #1 MM#91 (Bayside)
Volume of material: dreds4ed/excavated filled deposited
c.y. 150 c.y. C.y. c.y.
waterward landward waterward waterward
of M.H.W. of M.H.W. of M.H.W. of M.H.W.
Cost of Permit
Estimated cost of Construction
f
Approved by
Chairman
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Biologist Comments - Restrictions or Special Conditions if any:
"Approval"
Copy in File Date
Building Official
PLANNI;:G, 3'jILDING .& ZONING DEP.RTMENT
AIONRO PER;•11 T APPLICATION FOR UCAVATION, THE
COUNT\' lk�alrZ DEPOSIT OF FILL, OR STRUCTIJ-AL ACTIVITIES
_ _ IN THE IJATErRS UR WETLANDS OF�i•10P1ROE COUNTY
17-Froperty�-
owners name & mailing address 2 Date _ For Department
3) Phone number --�
`-+ 7-2 � �a
��?-76le
Contractor o agent's name,..mailing address & phone number
Legal description of property:
Section,
Township, _
Range,
(if ac age)
v ey' Y -r�'��At�vt
Lot,
use On]
Subdivision,
Block,
Street, road or mile marker, -Ll -0 /
`)) Describe the proposed activity, methods or construction --la—mount of material, in cubic
yards), to be e:-:cavated rr discharged.
volume of matorial: -- -
�-
C.Y. 1 C .y.
waterward landward
of M.H.W. of M.H.W. of
Marne, address & zip code of adjoining property owiicrs whose
vc-p ) X J
-
C. Y.
landward
M.H.W.
2 r`fronts water, way.
This co:ipleted application form will be accompanied by the followi tg> or it rill -
NOT be processed.
a) Two f21 sets of drawings, on X 11 paper, showing location, plot plan, top view
;incl t_ross section of proposal, drawn to scale.
b) Application processing fee as follows:
1 5.00 for dredge, fill, docks OR any structures af:ronting natural water bodies.
S10-00 for vortical seawalls on man-made bodies of :;;iter.
S25•00 for anv combination of the ;above activities per site.
Application is hereby made for a permit to authori-a the activities described 'herein.
I certify that I am familiar with the information r_ontained 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 construct' s type of facility.
Sic�rea licant a ent D to
or Department Use Only - — -
'erson accepting application Fee & receipt ' Approved by Assistant Director
!j Cost of per. t Estimated cost of construction
I -
Ft ORIDA
13 A Y 60A '1 7
EVERGLADES
2 J te,l ve'll
R
'74" 2
.0 ! .4 6 — R . ---
Ar. - -- - -A "./, oths -- -, 5
-------- 60
E
G 191 7
4,.c f fir.
"73A -71
67, 6 73
"fA
ij
F,
Pens
6 7
Hammer Pt 6 Sff
'4111
5
K (I
2 2
3
p MID
C aim"
, 1*
44 r P.
7
Tavemier, KEY A A R G O
L 1� PA
) , — ; i c I. !;:�,
PA
2
5
k,
2
-i 16h 5M
a b I
A
.... ..............
2
G
13
1 121
77
/Al I &E
0 A NA
-ry 0" s 5 -5 rr-
o V. 71-1
j-
A VZ:5fZ AJ 14,
cow t4 *r I o e I, r;4
/ a F ;z alz 616D
TOPS FORM' 3397 LITHO IN U. S. A.
DEPARTMENTAL CORRESPONDENCE
DATE December, 97, 1980
SUBJECT
To Henry Weinkam DEP•TDirector, Planning, Bldg. & Zoning
Environmental
FROM Robert Dennis �� DEP'TBiologist, Planning, Bldg, & Zoning
LEGAL
TWSP 62s, RGE 38e, SECT 33. Tavernier Creek.Marina, Plantation
Key, Zoned BU-2.
PURPOSE:
In accordance with Ordinance 13-1980, (Section 1B(4)), this project requires evaluation by the Board of County
Commissioners.
DISCUSSION:
A 15 ft. wide by 45 ft. long x -5 ft. MLW commercial
boat slip is proposed on an artificial canal -Approximately
225 cubic yards will be excavated (75 c.y. above the MHW
level and 150 below MEW level; applicant reports 150 c.y.
excavation landward of MHW is required.).
A species list is provided in the DER report (attached).
CONCLUSION:
The attached DER report comments on the potential short
and long term effects of the project. I am in agreement
with their assessment.
RECOMMENDATION: Approval
NOTES:
1. DER and Army Corps permits applied for.
2. DER bio-report attached.
RD/jf
PERIIT APPLICA=_N APPRAISAL
File No.. 44-34380-5E County:
Applicant Name:
Jerry Richmond
r.onroe
Address: PO Box 783, Tavernier. FL 33070
Agent (if applicable):
John P. Wilson
Date: 10-10-80
Address: Upper Keys Marine Construction, Inc., PO Box 18AAA, Key Larc- ?'!
Location of project: Section(s) 33 Township 62 7ance �38
Section(s) Township Range
Local Reference: Tavernier Creek Marina (at bridge).
Water Body: Tavernier Creek to Florida Bay and Atlantic Ocean
Water Classification of Project Area: III Adjacent Waters: III
Aquatic Preserve:
Nonc
Outstanding Florida Waters: None
On site inspection by: Eric R. Lokcn
Date f Inspection:
10-8-80
Revised Application: Yes No X Date:
Original Application: Yes X Nc _
Date of 2nd Insp.
Biological and Water c,uality Assessment
A. Description of proposed project and construction techniques.f.
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 ".02
and Section 17-4.28, Florida Administrative Code.
B. Biophysical features of general area. Include comments concerninc:
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
relevant historical facts about the area of the project.
D. Potential impact of project on biological resources and water
quality. Address long-term impact as well as immediate impact
for all aspects of the project.
or minimize the potential impact of project.
PERM 16-10(Rev.6/79)
RICHMOND, JERRY
#44-34380-5E
Monroe County - Tavernier
Page Two
A. Applicant proposes to construct a 45 ft, lops; by 15 ft. wide
by -5 ft. deep commercial boat slip on unnamed artificial canes:.
in Tavernier Creek area. Construction of said slip will invo'_.'.'--
the excavation of approximately 150 cu, yds, of Key Largo ooi
with shallow limerock fill surface layer, using a standard back —
hoe. Applicant proposes to spread spoil material over o�,n uPla,.:
lot with method of retention unspecified. Boat slip walls will
be fitted with concrete cap but will otherwise remain unstabi-
lized. Turgidity screens will be used during; construction
activities.
B. Proposed boat slip lies in southwestern area o1 owner's prom_-,--__:.
it is surrounded on three sides by owner's property and the -
ward or southern boundary consists of unnamed artificial canes_
bordered primarily by single family residences. The remaind�_,r
applicant's property consists of two large (100 x 180 ft.) boat
storage buildings (: t `, d proposed; see fi ,,ure attached
and associated boat basir, and marina facIIILleS. Per:.,onal
conversation with applicant/owner revealed that proposed slip %,7i'_
serve to relieve rnarina%s presently congested boat launching a-,i
retrieving facilities. This is especially necessary due to
proposed additional boat storage building and hence expansion cA-
marina facilities. Owner's facility is orie of two large,
commercial marina facilities in Tavernier Creek area.
Unnamed canal on project's southern boundary is approximately
2,500 ft. long by 50 ft. ,side b,;! 8+ fr, deep. it contains a
dogleg (around applicant's property), deadends towards southwe-r
connects with Tavernier Creek which provides access to either
Florida Bay or the Atlantic Ocean and is bordered predominantly
by single family residences (many of which possess private boat
mooring facilities). Personal. conversation with owner of ma- .
revealed said canal has been in existence at least ten years.
C. Proposed project area 1• gply scarified and disturbed wit:,.
evidence of previous limerocn :Lill deposi.�ion. f`nly remaining
t,rrestrial veiretati.on, ether than secondary growth of upland
grasses and bushes, is shoreline fringe growt:i of primarily
upland floral species such as Brazilian pepper (cchirus nolle),
Australian pine (C_:lsuri_na p . setifoli_a) and wi!T EH:, arinnd
(Lysiloma latisil_i_c1ue, trf es. Pr omi.nant substrate is Key
Largo ooTite witTi s�i:illow (3 in.) overlaver of disturbedi limne-
rock fill material.
Existing; shoreline is abrupt ccnsisting of unstabilized limerock
walls of said unnamed canal. Canal water quality in proposed
project area is good with little circulation and approximate 6 ft_
depth visibility. Cubnerg;en.t flora consists of several species
vu..5a+'.,.�..ss4..lT'+:'J�+S[.4:u:skia.'a'±J:'•?-�+»'�i��`SV46'�li`-7•�Y q�^s+�'9M"^-+ww.an..1��warns+-w.m.w�mv�waea+.6e9* �.aw:smvrF9 �vnn�wss•...w-.•. �n+.....:ccwctrwaam �a�a...s.�-.•.--. �^�.--��•� •-•••• •.�-•-. --. •-". __ . _.
RICHriOND , JERRY
#44-34380-5E
Monroe County - Tavernier
Page Three
of green and brown algae (Penicillus spp, Halimeda spp and
Acetabularia spp) growing pri,nari�y along upper surface of
canal walls. Mobile marine fauna observed included several
species of snapper (Lut•anus spp), Mojarras (Gereidae spp)
and an isolated juvenile barracuda (Sphyraena arricuda).
D. The direct impact of proposed project would result from the
removal of approximately 150 cu. yds. of previously disturbed
limerock from the southwestern boundary of owner/applicant's
property for the construction of said boat slip. It may be
expected that such a slip area would eventually become a
detrital trap in existing unnamed canal. However, it is sug-
gested that in this case any such effects would be minimal due
to the proposed -,ngitudinal orientation of said boat slip with
respect to canal./ Increased runoff due to the propose4loss of
shoreline vegetation would also be minimal due both to the small
amount of vegetation to be removed and the proposed concrete cap
to be constructed on boat slip walls. This concrete capping
procedure should also facilitate spoil retention which presents
no substantial problera—due to amount of area available for.tre
proposed spreading of spoil material.
Long term impacts would lie primarily in the area of water
quality concerns associated --with hydrocarbon emmissions from boat_
operation and maintenance procedures. Since this canal is present..
utilized primarily as a conduit for boat access to and from ad-
jacent waters and that: the distance via canal to Tavernier Creek,
access is relatively short (approximately 1,000 ft.), it would
seem that with proper boat maintenance procedures any such add i-
tional discharges could be sufficiently controlled to maintain
proper water quality standards.
<_;
M
RICHMOND, JERRY
#44-34380-5E
Monroe County - Tavernier
Page Four
E. Under the provisions of Chapter 403 (F.S.) and Chapter 17.4
(F.A.C.), I recommend this project for approval by the
Department. I believe that this project would create minimal
environmental damage as proposed provided adequate water
quality safeguards are maintained both during construction
activities and until the effects of said activities are
removed from area.
I would suggest only the following modifications to said prcj �:L
in an effort to minimize potential adverse environmental effec-Q.
(1) Modifv western wall (see figure attached) of proposed boa'=
slip to approrimai.cly degree angle wit'. :northern or lanc;-
ward wall of slip which is parallel to flow of canal. Thi_
would provide for maximal flushing activity within boat sli,;
area.
(2) Specify that some type of surface stabilization be providcc
all slip walls to prevent runoff and facilitate spoil
retention. Further wall stabilization is not deemed
necessary due to inherent stability of underlying Key Largo
oolite substrate.
Date: Oc r 13/, 98
Read: f , ;�
ERL/dvo