Resolution 053-1981
RESOLUTION NO.
53
-1981
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
has received an application from ARTHUR ZALDUONDO eH & Z Corporation), 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 eliminate a shallow, seasonally-flooded f1o-
ccu1ant pond to provide superior quality water and natural recreational
facilities at Largo Bayside Development. This will be accomplished by
dredging 6,500 cu. yds. of material from said pond to acquire an average
1.5 ft. depth (}~W) and improved pond circulatory flushing action. Pond
side slopes will be cut to a 5:1 ratio establishing a 3-6 ft. wide buffer
zone along eastward (Largo Bayside Development side) shoreline and a 20-25 ft.
wide buffer zone along westward (mangrove breakwater island side) shoreline.
Due to the existing depth of extremely fine, soft pond sediments, additional
habitat substrate will be provided by the placement of four riprap boulder
piles within said pond following excavations consisting of 20~ large rocks
each and extending from resultant bottom to MHW mark. Additional development
recreational facilities will be provided by the proposed construction of a
5 ft. wide, wooden walkway extending approximately 450 ft. westward from upland
development shoreline across pond and island approximate centers to existing
Florida Bay shoreline on westward side of said mangrove island. The walkway
will be elevated on wooden pilings approximately 5 ft. from proposed pond and
island substrates.
Dredged spoil material will be placed on applicant's uplands and covered
until dry for eventual use as fertilizer for said development. Excavations
will be surrounded and isolated by flotation collars and siltation screens at
all times during construction preventing any outflow of materials to adjacent
water bodies.
The project pond area comprises approximately 5 acres of the total 22 acre
Largo Bayside tract of land. It is bordered to the east by said Largo Bayside
Development (L.B. D.), to the west by said mangrove breakwater island, to the
north by southern portions of Baker Cut Point property and to the south by
recently completed L.B.D. marina. The eventual L.B.D. will consist of several
multiple family dwellings with associated parking and recreational facilities
(see attached). The majority of upland areas within L.B.D. tract of land
(14 acres) are either developed or under construction and all such lands are
presently both scarified and disturbed (filled). Since its initiation in late
1973, this development has resulted in several permitting and enforcement
actions by the Department; all of which appear to have been resolved to mutual
satisfaction prior to the receipt of this application for permit. For further
information concerning the history of this development, the reader should
consult D.E.R. file no. 44-39-2323.
The project pond is connected at northern extremity to southern Baker Cut
Point pond area via a 40 ft. wide excavation cut. Aerial photographs indicate
this connection has been in existence for not more than 7 years and not less
than 3 years. Baker Cut Point (B.C.P.) property consists of single family
residences; many of which are already existing and/or under construction.
The southern B.C.P. pond area is partially natural and partially artificial
(i.e. dredged) and is presently under litigation by the Department (see D.E.R.
File no. 44-14356). Due to aforementioned litigation, this southern pond area
has been examined extensively by the Department and found to be of substandard
water quality (see attached data sheets).
Page 1 of 3
ARTHUR ZALDUONDO (H & Z Corporation)
RESOLUTION NO. 53 -1981
The L.B.D., 100-boat marina on project pond's southern boundary has
recently been completed according to permit specifications and appears to be
in good condition with adequate navigational depths and access to Florida Bay
waters. It should be noted that adjacent Florida Bay waters in this area are
contiguous with the "outstanding waters" of the Everglades National Park as
defined in Section 17-3.041 (F.A.C.).
The mangrove barrier island on said pond's western boundary is a 3~ acre
tract of wetlands in natural, pristine condition. Dominant floral species
observed on the island were black mangroves (Avicennia germinans)and red mangroves
(Rhizophora mangle) (primarily along western Florida Bayside island shoreline).
Additional floral species observed included sea blite (Suaeda linearis), glass-
worts (Salicornia spp), saltworts (Batis spp), sea purslane (Sesuvium spp) and
daisies (Borrichia spp), Christmas berry (Lycium spp) and various salt-
tolerant grasses. Island fauna observed included several each herons (Ardea spp),
gulls (Larus spp) and cormorants (Phalacrocorax spp). Submerged areas on the
Florida Bayside of the island appeared to be of excellent quality with good
circulation and clarity. Lush growths of shoalweed (Halodule wrightii) and
turtlegrass (Thalassia testudinum) were observed along entire shoreline area in
addition to several species of green and brown algae (Acetabularia spp,
Batophora spp, Penicillus spp, Avrainvillea spp). Marine fauna observed in this
area included sea anemones and several species of juvenile fish utilizing red
mangrove prop-root system as a thriving nursery area. Although predominant
substrate was 1+ ft. thick coarse sand sediment layer, substantial mangrove
peat accumulations were observed in several "protected" areas.
The flocculant pond to be dredged is approximately 720 ft. long by 300 ft.
wide (varies). Its western shoreline (eastern mangrove island) is comprised
almost exclusively of black mangroves and associative root systems. Its eastern
shoreline (L.B.D.) is presently unstabilized, filled and disturbed; inhabited
only by isolated patches of such transitional flora as buttonwwod (Conocarpus
erectus), black mangrove (A. germinans), sea daisies (Borrichia spp), glass-
worts (Salicornia spp) , seaside heliotrope (Heliotropium curassavicum),
railroad vine (Ipomoea pes-capral) and sedges and grasses. The existing pond
substrate consists of fine, silty, organic laden flocculant two feet deep and
extending to 5+ ft. in certain "Pockets". Due to extremely soft nature of this
sediment, there was no submergent vegetation existent in entire pond area with
the exception of a few isolated black mangroves (~. germinans). Pond fauna
were also noticeably scarce consisting solely of isolated anemones, jellyfish
and juvenile fish. Pond depth averaged approximately 1 ft. at time of observa-
tion (MHW).
The major direct impact of the proposed project will be in the removal
and loss of approximately 2,500 sq. ft. of black mangroves which are presently
existing within the proposed dredging area (see attached figure). The majority
of said mangroves exist in the form of a point extending eastward from the
southeastern corner of the mangrove island. Additional, lesser impacts are
also expected to occur from both mangrove trimming to provide access for
proposed walkway construction and from turbidity raised during pond excavation
and walkway construction. Any impact associated with mangrove trimming is
expected to be temporary in this instance, since the proposed walkway elevation
requires only trimming and not removing mangroves for project completion. Due
to the extremely fine and soft nature of the existing pond sediments, it is
expected that turbidity increases will be substantial during dredging activities.
For the same reason, it is believed that elevated turbidity levels will persist
in immediate area for extended periods of time. If improper turbidity controls
are used, such increases could have serious deleterious effects on the pro-
ductive Florida Bay waters adjacent to the pond access area.
Page 2 of 3
ARTHUR ZALDUONDO (H & Z Corporation)
RESOLUTION NO. 53 -1981
Conversely, it is believed that the proposed increases in both pond
circulatory flushing capability and available habitat intended through this
project will prove most effective in establishing improved water quality
within said pond system.
Over a longer period of time, however, any such beneficial project effects
could eventually be undermined by the addition of inferior quality waters into
said pond system from adjacent southern Baker Cut Point pond/canal system.
In addition, due to the physically limited potential for pond circulation, it
is expected that eventual maintenance dredging will be required to insure that
the proposed depths are adequately maintained; again resulting in disturbed
sediments and increased turbidities.
BE IT RESOLVED BY THE BOARD OF COUNTY COM}fISSIONERS 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
24th day of
, 19 8l
at a regularly scheduled meeting.
February
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Jl
(Seal)
Attest)~ ~
r (:?:-/~~
Clerk
AI._...""
8yA~
Page 3 of 3
BOARD 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
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(3051 294,4641
Monroe County Legal Department
Key West, Florida 33040
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OFFICE OF:
Planning & Zoning Dept.
Public Service Center
Key West, Fl 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 I,~
2. Permi t V
3. Application for Permit V
4. Site Plan i-
S. Location Map t--
6. County Biologist Report V
7. DER Assessment ,.--
8. Resolution ...--
BY ..e.~
Administrative Secretary
DATE
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ZONING:
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MONRO E Ih.' ~ +~-" f-'Ci)j'll ~ !If);' "~ATI ml FOR ~:<CAVAT IOi.!. THE
COUNTY ~'P) ~~P~~~\~~E~~ l~R ~~Tm~~T~~A~~~~iV~b~~~y
1) PropertYo\;ne-r~~- nam"i?:'I'-fr"dl1Tnga-ddre-ss'" ---- "21- oire--.-..--...-- F ~roepartiiient-ose.
C. 10/20/80
Hf.Z Ot'pora t 1 on
10651 N. Kendall Drive
Suite 2113
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33176
J) flhl)lIP number
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phone nUr!~t)p.r
J, Frederic Blitstein, Inc.
2,,?: Sevilla
Coral Gables, Fla. 33134 Tel:
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S; Legal descr'ption or' ~rC,F"'F
446-2597
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La r CJ 0 S u bd i v i si () n, U. S. Go v e '
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Lot,
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Block,
Tow'lship, 62 Sou th
Ranl)e,
39 East
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Stt'cc.'t, road or :nile marker,
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i 51 Describe the proposed activity, methods of construction & amount of material, in (
! yards). to be excavated or discharged.
Removal of approximately 1811 of sUfface sediment indicate debris
fOf the purpose of increasing water circulation, includin9 thp
cfeation of two small manQrove islands.
volume of mat2r=Jl:
c1.r.edqed/ excava.t~d
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waten-/ard farlc:.'/d((j
of M.H.W. 0f ~~.H.~.
r;-':;a-m'e' :-.~;~,;-~ re-s:;
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8,000- c.y, C.y.
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,-.f)';')::: ", foper t:; :, ~ ": ':. "~I,) _ _"
1. Winsor Reed
P. O. Box 3(3-354
~1 i d I1J i. F 1 a . 3 3 1 3 R
2. Buccaneer Pt.
9055 Hammock Lane Dr.
Miami, Fla. 33156
--This completed applTc-atro-nformwllTl>e--accompanTed by the following, or it wif'
NOT be processed.
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a) Two (2) sets of drawing';, on 81i X 11 p:lper, snohi:H( location, plot plan, top Vll'~
anJ I'I'OSS section ot' :H()l~\lsal, ,ir;l\\n to sl'alt'.
b) Appl j cation processing fee as follows:
$25.00 for dredge, fill, docks OR any structures affronting natural water boJJc,>
$10.00 for vertical seawalls on man-made bodies of \\Iater.
!25.00 for any combination of the above activities per site.
Application is nereby made 7',)(' a perrnit to aut;:c,rL::! the activlti2s '.::e::;cr;bed ner"?~r'.
I certify that I am far1i1';ar ,;/ith th~ informat;'-m c::lnta;ned ;n this application, 311'1
to the best of my kno'.'llecGe ~ belief :;uch informathn is (rue. complete 6 accu;'ate.
I further cer~ifj that i pJSS2SS the authufi:y to unoertaKe the proposed activities.
All provisions of laws an] ordinances governin] this type of ~ork will ~e complied
with, whether specified herein or not. The granting of a permit does not presume to
give authority to violate or cancel the provisions of an~ counfY, state or feaeral law
regulating construction or performance of construction of thi$ type of facility.
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* Fill only rip rap type material
i mangrove islands.
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A PORTIOr,J OF SECTIONS 5 AND 6
TWP 62 S. RGE. 39 E_
MONROE COUNTY, FLORIDA
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." AMPANILE & ASSOCIATES, INC.
~ ENGINEERS PLANNERS SURVEYORS
16201 sw 95th AyENUE MIAMI, FLORIDA 33157
~E'JULYaO PROJ c;,.Gl(l.-i7 PH. 251-1711 HEET J_
FL.ORIDA BAY
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J. FREDERIC BLITSTEIN) INC.
AMPANILE & ASSOCIATES, INC.
ENGIN EE R 5 P L ANNE R S S U RVEYO Rsc-.:ji)~o
16201 SW 95th AvENut MIAMI, FLORIDA 33157
CH..."TE-JULY80 PROJ GCf<e-17 REYz8JuLBOPH. 251-1711 HE.ET~of 3
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- TOi'S 'R~RM 3397 LITHO IN U. S. A.
DEPARTMENTAL CORRESPONDENCE
DATE February 10, 1981
SUBJECT
Hand Z Corp.; Pond Dredging
To
Henry Weinkam,
FROM
'RnhPTt-
np"n; Q
.
Director DEP'T Planning. Building & Zoning
Environmental~
Rin1ngie:t" "u:!/DEP'T Planning. Building & Zoning
LEGAL
TWSP 62s, RGE 3ge, SECT 5 and 6, Lots
11 and 12, Key Largo. Zoning is PUD & MD.
PURPOSE:
This project requires review by the Monroe County Board
of Commissioners in accordance with Ordinance 13-1980.
DISCUSSION:
Applicant propo8es to excavate approximately 18" of
sediment from an existing flocculent pond (6500~ cubic yards
to be dredged) and placed on applicants' upland property. The
pond measures approximately 700 ft. in length and averages
approximately 300 ft. in width (DEP. report).
A 20-25 ft. undredged buffer zone will be maintained
between the pond and the mangrove trees on the west side. The
pond shoreline will be stabilized with approximately 700 linear
ft. of rip-rap seawall. In addition, four rock piles composed
of about 20 boulders will be placed within the floc. pond and
a 450 ft. long by 5 ft. wide wooden walkway will be constructed.
The walkway will begin at the eastern shore, run across the
approximate center of the pond, and through the mangrove area
(see attached site plan).
A DER report is submitted which lists the typical biota
found her e.
This project is a part of the major development known as
the Landings of Largo.
REASON FOR PROJECT:
1. To remove 1.5 ft. of soft, fine sediment from the
pond in order to increase water depth and tidal flow,
2. Increase fauna and flora diversity by using rock
piles and rip-rap seawall, and
e.
TOPS .. FORM
3397 LITHO IN U. S. A_
DEPARTMENTAL CORRESPONDENCE
DATE February 10, 1981
Su BJECT
Hand Z Corn.: Pond Drerlginp
To
Page tHO
DEP'T
FROM
DEP'T
3 .
Provide recreational pleasure by building a wooden
Halkway over the pond and through the mangroves.
EVALUATION:
At the present time the accumulation of soft sediment in the
pond has made it difficult for benthic plants to become
established. Also, the tidal, shallow water nakes it difficult
for any large fauna to live here.
The project will provirle all the items listed above with
no lasting, long term, negative environmental impacts. One
possible exception to this is the expected increased water
circulation in ~he pond. Because the northern outlet is to be
blocked as per DER request (see DER report for detail), the
only water exchange is through the southern access to the
marina. If the marina depth is less than the proposed depth
of the pond, the pond '~ater may become stagnate and of poor
quality. This may be especially true during the summer months.
RECO~U1ENDA TION:
Approval with the fallowing conditions:
1. Provide a water exchange outlet between the pond and
the marina by dredging a -1.5 ft. channel at the
pond outlet and slope it down to the existing marina
depth,
2. All pond dredging and augering of walkway supports to
be done between low and high tide to minimize the
movement of the turbidity plume outside the pond,
3. Require use of turbidity curtains at the northern and
southern outlets to control turbidity flows in these
two directions, and
4.
Minimal trimmin~ of mangrove
for walkway construction.
branches only as required
~ '1-9:J~
DIR, PLNG_, ZONING BLDG.
NOTE:
DER and Army Corps permits required
ZALDUONDO, ARTHUR
1!44-33870-5E
Monroe County - Key Largo
Page Two
A. The applicant proposes to eliminate a shallow, seasonally-flooded
flocculant pond to provide superior quality water and natural
recreational facilities at Lar&o Bayside Development. This will
be accomplished by dredging 6,500 cu. yds. of material from said
pond to acquire an average l.5 ft. depth (MLW) and improved pond
circulatory flushing action. Pond side slopes will be cut to a
5:1 ratio establishing a 3-6 ft. wide buffeT zone along eastward
(Largo Bayside Development side) shoreline and a 20-25 ft. wide
buffer zone along westward (mangrove breakwater island side)
shoreline. Due to the existing depth of extremely fine, soft
pond sediments, additional habitat substrate will be provided by
the placement of four riprap boulder piles within said pond
following excavations consisting of 20+ large rocks each and ex-
tending from resultant bottom toMHW mark. Additional development
recreational facilities will be provided by the proposed construc-
tion of a 5 ft. wide, wooden walkway extending approximately 450
ft. westward from upland development shoreline across pond and
island approximate centers to existing Florida Bay shoreline on
westward side of said mangrove island. The walkway will be
elevated on wooden pilings approximately 5 ft. from proposed pond
and island substrates.
Dredged spoil material will be placed on applicant's uplands and
covered until dry for eventual use as fertilizer for said develop-
ment. Excavations will be accomplished by dragline. The proposed
work area will be surrounded and isolated by flotation collars and
siltation screens at all times during construction preventing any
outflow of materials to adjacent water bodies.
B. The project pond area comprises approximately 5 acres of the total
22 acre Largo Bayside tract of land. It is bordered to the east
by said Largo Bayside Development (L.B.D.), to the west by said
mangrove breakwater island, to the north by southern portion of
Baker Cut Point property and to the south by recently completed
L..B.D. marina. The eventual L.B.D. will consist of several
multiple family dwellings with associated parking and recreational
facilities (see attached). The majority of upland areas within
L.B.D. tract of land (14 acres) are either developed or under
construction and all such lands are presently both scarified and
disturbed (filled). Since its initiation in late 1973, this
development has resulted in several permitting and enforcement
actions by the Department; all of which appear to have been
resolved to mutual satisfaction prior to the receipt of this
application for permit. For further information concerning the
history of this development, the reader should consult D.E.R.
file no. 44-39-2323.
ZALDUONDO, ARTHUR
f/44-33870-5E
Monroe County - Key Largo
Page Three
The project pond is connected at northern extremity to southern
Baker Cut Point pond area via a 40 ft. wide excavation cut.
Aerial photographs indicate this connection has been in existence
for not more than 7 years and not less than 3 years. Baker Cut
Point (B.C.P.) property consists of single family residences;
many of which are already existing and/or under 'construction.
The southern B.C.P. pond area is partially natural and partially
artificial (ie. dredged) and is presently under litigation by
the Department (see D.E.R. File No. 44-14356). Due to afore-
mentioned litigation, this southern pond area has been examined
extensively by the Department and found to be of substandard
water quality (see attached data sheets).
The L.B.D., 100-boat marina on project pond's southern boundary
has recently been completed according to permit specifications
and appears to be in good condition with adequate navigational
depths and access to Florida Bay waters. It should be noted that
adjacent Florida Bay waters in this area are contiguous with the
"outstandt'ng waters" of the "Everglades National Park as defined'in
Section 17-3.04l (F.A.C.).
The mangrove barrier island on said pond's western boundary is a
3+ acre tract of wetlands in natural; pristine condition. Dominant
floral species observed on the island were black mangroves
(Avicennia germinans) and red mangroves (Rhizophora mangle) (prim-
arily along western Florida Bayside island shoreline). Additional
floral species observed included sea blite (Suaeda linearis).
glassworts (Salicornia spp). saltworts (Batis spp). sea purslane
(Sesuvium spp) and daisies (Borrichia spp), Christmas berry
(Lycium spp) and various salt-tolerant grasses. Island fauna ob-
served included several each herons (Ardea spp), gulls (Larus spp)
and cormorants (Phalacrocorax spp). Submerged areas on the Florida
Bayside of the island appeared to be of excellent quality with
good circulation and clarity. Lush growths of shoalweed (Ha1odule
wrightii) and turtlegrass (Thalassia testudinum) were observed
along entire shoreline area in addition to several species of green
and brown algae (Acetabularia spp, Batophora spp, Penicillus spp,
Avrainvillea spp). Marine fauna observed in this area included
sea anemones and several species of juvenile fish utilizing red
mangrove prop-root system as a thriving nursery area. Although
predominant substrate was 1+ ft. thick coarse sand sediment layer,
substantial mangrove peat accumulations were observed in several
"protected" areas.
C. The flocculant pond to be dredged is approximately 720 ft. long
by 300 ft. wide (varies). Its western shoreline (eastern mangrove
island) is comprised almost exclusively of black mangroves and
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ZALDUONDO, ARTHUR
1I44-33870-5E
Monroe County - Key Largo
Page Four
associative root systems. Its eastern shoreline (L.B.D.) is
presently unstabilized, filled and disturbed; inhabited only by
isolated patches of such transitional flora as buttonwood
(Conocarpus erectus), black mangrove (~germinans), sea daisies
(Borrichia spp) , glassworts (Salicornia spp) , seaside heliotrope
(Heliotropiurn curassavicurn), railroad vine (Ipomoea pes-capra1)
and sedges and grasses. The existing pond substrate consists of
fine, silty, organic laden floccu1ant two feet deep and extend-
ing to 5+ ft. in certain "pockets". Due to extremely soft nature
of this sediment, there was no submergent vegetation exident in
entire pond area with the exception of a few isolated black
mangroves (A. germinans). Pond fauna were also noticeably scarce
consisting solely of isolated anemones, jellyfish and juvenile
fish. Pond depth averaged approximately 1 ft. at time of observa-
tion (MHW).
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D. The major direct impact of the proposed project will be in the
removal and loss of approximately 2,500 sq. ft. of black mangroves
which are presently existLng within the proposed dredging area
(see attached figure). The majority of said mangroves exist in the
form of a point extending eastward from the southeastern corner of
the mangrove island. Additional, lesser impacts are also expected
to occur from both mangrove trimming to provide access for proposed
walkway construction and from turbidity raised during pond exca-
vation and walkway construction. Any impact associated with
mangrove trimming is expected to be temporary in this instance,
since the proposed walkway elevation requires only trimming and
not removing mangroves for project completion. Due to the extreme-
ly fine and soft nature of the existing pond sediments, it is
expected that turbidity increases will be substantial during
dredging activities. For the same reason, it is believed that
elevated turbidity levels will persist in immediate area for
extended periods of time. If improper turbidity controls are used,
such increases could have serious deleterious effects on the
productive Florida Bay waters adjacent to the pond access area.
Conversely, it is believed that the proposed increases in both pond
circulatory flushing capability and available habitat intended
through this project will prove most effective in establishing
improved water quality within said pond system.
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Over a longer period of time, however, any such beneficial project
effects could eventually be undermined by the addition of inferior
quality waters into said pond system from adjacent southern Baker
Cut Point pond/canal system. In addition, due to the physically
limited potential for pond circulation, it is expected that
eventual maintenance dredging will be required to insure that the
proposed depths are adequately maintained; again resulting in
disturbed sediments and increased turbidities. -
111
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